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HomeMy WebLinkAbout47-85 MM Cottrell, ScottPerini, C"'_ss - Permit Number Major Modification STATE OF NORTH CAROLINA 47-85 Maintenance 5 Department of Natural Reso ps�nd Community Development Coastal Resources Commission C. anut `� ..As ,sss X❑ Maior)1'' 1 pntin, iooriental ---------------------- U Excavation andlor,fiilll gpttrsustif to NCGS 113.229 Issued to Scott A. Cottrell, P. 0. Box 130. Ocracoke, N authorizing development in Hyde County at Silver Lake as requested in the pennittee's application dated 9/25/84 and 9/25/87 including attached plants 3no date and 2 dated received 11/19/87, This permit, issued on ///! / V , is subject to compliance with the application (where consistent with the permit), all appli�egulations, special conditions and notes set forth below. Any violation of these terms may subject pemtittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The excavation will be accomplished from the outer limits of the basin landward so that at no time will a basin exist which is deeper than connecting waters. (2) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surroun- ding waters. (3) The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and at a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. (4) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters of the State. (5) Excavation will not exceed 6 feet below the elevation of mean low water (MLW). See This permit action may be appealed by the pennittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspec-ed for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1993 - In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. Glittit �/J David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernittee P A Scott A. Cottrell Permit #47-85 Page 2 of 2 ADDITIONAL CONDITIONS (6) An area will be maintained to provide an acceptable disposal site for,future maintenance dredging. (7) All spoil material placed in upland disposal areas must be provided with a ground cover sufficient to restrain erosion within 30 working days of placement. (8) The exterior slopes of the dredge spoil retaining dike must be at a maximum steepness of 2H:IV and a ground cover sufficient to restrain erosion will be provided on the exposed slopes within 30 working days of completion of dike construction. (9) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction -related discharge. (10) Prior to occupancy of any slips or other pier -side docking, the permittee will provide, at dock -side, pumpout equipment to service boats with holding tanks. (11) All floating structures, other than boats, used for habitation or commerce (as defined in 15 NCAC 70.0602) shall be in conformance with local regulations for onshore sewage treatment. (12) The marina shall prominently post and enforce a no sewage discharge policy. NOTE: In order to protect the existing bulkhead, excavation should be tapered to existing depths adjacent to the bulkhead. NOTE: The proposed project is certified -under General Water Quality Certification No. 1273 issued on November 10, 1978, for discharges of liquid effluent from diked upland disposal areas. Maintenance Clause The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any maintenance work (after Dec. 31, 1988)authorized by this permit and that notification include: A. the number of the original permit. B. a statement that no dimensional changes are proposed. C. a copy of the original permit plat(s) with cross -hatching indicating the area to be maintained, the area to be used for spoil, and the estimated amount of material to be removed. D. the date of map revision and the permittee's signature shown anew on the original plat. Ge Nnv � s a� State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Field Services Director 103 South Water Street Elizabeth City, N.C. 27909 (919) 338-1558 Novenber 5, 1987 Mr. A. B. Rose Post Office Box 2683 Rocky Mount, North Carolina 27802-2683 Dear Mr. Rose: On 4 November, 1987, Pres Pate (Assistant Director, DCM) and I visited your property adjacent to Silver Lake, adjoining Scott Cottrell's property in Ocracoke, Hyde County. We inspected your pier 3n3'spoce to , r. o trell about concerns expressed in your letter of 7 October, 1987. Currently we are reviewing and investigating further information relative to your pier and mooring pilings in Silver Lake, Ocracoke. Ile will keep you posted of further findings. Sincerely, David R. Griffin DISTRICT MANAGER DRG:yl cc: Pres Pate, DCM Alison Arnold, COE Eddie Cahoon, LPO File P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary November 5. 1987 Mr. John R. Parker, Jr., Chief Major Permits Processing Section Division of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: The attached copy of an application submitted by: David W. C�,vens Director MODIFICATION =f� y!%- gS Silver Lake Ocracoke N dc- oca ion oT-Project County for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit for a CAMA major, development permit (only) .... for a dredge and fill permit (only) .... has been reviewed by this District Office and is being forwarded to you along with a Field Investigation Report for further application processing, including circulation to State agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Office is covered on the reverse side; X attached; will be forwarded lam Sincerely,, b"' -P David R. Griffin, Manager Elizabeth City District P.O. Box 27697, Rakgh, Nord, Grahw 27611a617 Tdepha 919-733-2293 An Fmml OrKw min, ABir ...n• Arthn Fmvk+ ®QyaeF FES 2 9 1988 State of North Carolina ---------------------- Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Field Services 108 South Water Elizabeth City, (919) 338-1558 February 26, 1988 Mr. Scott Cottrell Post Office 130 Ocracoke, North Carolina 27960 Dear Mr. Cottrell: David W. Owens Director Street NC 27909 In order for this office to determine the line separating the areas of riparian access between yourself and Mr. Rose, please send a current survey showing the property lines of your property adjacent Silver Lake, Ocracoke, Hyde County. So that this may be done timely, please submit this information on or before March 18, 1988. If you have any questions regarding this matter, feel free to contact this office. Sincerely, Q David R. Griffin DISTRICT MANAGER DRG:yl cc: E. Carl D. Owens P. Pate ✓ J. Parker File P.O. Box 27687, Raleigh, North Ca hna 27611-761f7 Tekphonc 919-733-2293 An F91tal Opportunity Affirmative Action Frnploy ` FF6 991988 ---------------------- State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor S. Thomas Rhodes, Secretary Field Services 108 South Water Elizabeth City, (919) 338-1558 February 26, 1988 Mr. A. B. Rose Post Office Box 2683 Rocky Mount, North Carolina 27802-2683 Dear Mr. Rose: David W. Owens Director Street NC 27909 In order for this office to determine the line separating the areas of riparian access between yourself and Mr. Cottrell, please send a current survey showing the property lines of your property adjacent Silver Lake. Ocracoke, Hyde County. So that this may be done timely, please submit this information on or before March 18, 1988. If you have any questions regarding this matter, feel free to contact this office. Sincerely, David R. Griffin DISTRICT MANAGER DRG:YL CC: E. Carl D. Owens P. Pate ✓ J. Parker File P.O. Boot 27697, Rakigh, North Cardin 27611-76ff7 Telephone 919-733-2293 An Erwl Opporttmim A(finnatiw Action Fmpkwer MEMORANDUM TO: John Parker, DCM, Major Permits Section Cliff Winefordner, COE Bill Moore, DEM Stephen G. Conrad, DLR Robert Chandler, DCA R. Paul Wilms, DEM William T. Hogar�thh, DjMF FROM: David R. Griffirf; DCrd Field Services, Elizabeth City SUBJECT: SCOTT A. COTTRELL APPLICATION DATE: November 20, 1987 Please substitute the enclosed drawing for the Cottrell project in lieu of the one circulated in the field report dated November 5, 1987. Thank you. yll Enclosure 7�b S r- Tf? b f�llzr) /Ao-fe L cadre PIS +1 Mu 19,0m.r, /?A^P SW 'Poo I— M ki milm q W�M�wm 4140 G CD I CX.qA IV 44 0 0 C) yn 14 A)I-019 OFFICE OF COASTAL MANAGEMENT Lat. 350 06' 53" II FIELD INVESTIGATION REPORT 1. Applicant's name SCOTT A. COTTRELL Long. 750 59' 11... 2. Location of project site Across from Anchorage Motel, Silver Lake, Ocracoke, Hyde County Photo ref. 148-369, K-3, K-4 3. Investigation type: Dredge & Fill x CAMA X• 4. Investigation procedure: (A) Dates of site visit 11/4/87 (B) Was applicant present yes 5. Processing procedure: Application.received _ to/l5/A7 OfficeElizabeth City 6. Site description: (A) Local Land Use Plan Land classification rom L conservation water Development constraints identified in LUP developer (B) (C) (D) (E) AEC(s) involved: Water dependent: Yes Intended use: Public Ocean hazard Coastal wetlands Estuarine waters X Estuarine shoreline X Public trust waters X Other X H Oh Type of waste water treatment Planned none o t er _ Private Commercial boat basin Existing __treatment plant (F) Type of structures: Existing motel_.3 piers Planned none (G) Estimated annual rate of erosion - 0 Source kheaded 7. Habitat description: AREA (A) Vegetated wetlands: Dredged i le Other (B) Non -vegetated wetlands: Shallow water 22,000 sq. ft. (C) Uther: (D) Total area disturbed: _ 22,000 square feet B. Project summary The applicant proposes to excavate and enlarge an existing boat basin in front of his commercial facility (motel) at Silver Lake in Ocracoke. M SCOTT COTTRELL IMINA 11M SITE DESCRIPTION The applicant currently holds CAMA permit #47-85 which allowed the applicant to excavate an existing boat basin in Silver Lake, Ocracoke, Hyde County. The applicant owns commercial property on the east side of Silver Lake including the Anchorage Inn Motel. This motel is located on the east side of PI.C. 12; a narrow border of land exists between the west side of N.C. 12 and Silver Lake. Several water dependent structures extend into Silver Lake from this portion of the applicant's property. Three piers extend out parallel from each other, each approximately 180 feet long with 50-foot "T'"s at their seaward ends. Under CAMA permit #47-85, the applicant excavated around two of three piers to a depth of -6 feet MVI4 (an area of 160 feet by 100 feet). This request is to modify permit #47-85 to include the excavation of two, additional .areas: an 80' by 220' area to the north of the existing -6' MFI14 basin will be. excavated and a 20' by 220' area to the south of the existing basin will be excavated. This proposal will create a boat basin of total size 260' by 200 feet, all to -6' MHI1. The sandy shallow bottom grades off slowly from 1 foot at the bulkhead to 5 feet at the end of the pier to an average depth of 10 feet in Silver Lake. No significant submergent or emergent vegetation is located in the project area. The applicant proposes to excavate the area using a hydraulic dredge and pump -'-the spoil across N.C. 12 to a diked high ground disposal area adjacent to and in front of his motel. Subject to issuance of this proposed modification, the applicant requests a five-year maintenance provision for the entire 260' by 200' boat basin. ANTICIPATED IMPACTS Approximately 22,000 square feet of shallow water habitat will be excavated. Short -termed, localized turbidity will result from the excavation. CAMA REVIEW The project site is classified as conservation (water) and developed (land) in the 1981 Hyde County Land Use Plan. The proposal is consistent with that LUP. Submitted by: David R. Griffin Date: November 5, 1987. SCOTT COTTRELL FRIMI MIM PAGE 3 RECOMMENDATIONS I have no objection to the proposed boat basin excavation. With approval from DOT to pump spoil across W.C. 12, I suggest we modify CA11A permit #47-85 to include this proposed excavation subject to the conditions as set forth in permit #47-85. 0 Submitted by: David R. Griffin Date: November 5, 1987 I\Ll,"' - a 1'�'87 Please type or print. Carefully describe all an ticipated development activities, including co str& tion, excavation, filling, paving, land clearing stormwater control. If the requested inform' ation•-ts• ,__- not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. a. Name Scott Cottrell Address P.O. Box 130 City Ocracoke State N.C. Zip 27960 IDay phone 928-1101 Landowner or Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. a. Street address or secondary road number Silver T.aka Harbor b. City, town,_ community, or landmark Ocracoke c. County Hyde d. Is proposed work within city limits or planning jurisdiction? yes: e. Name of body of water nearest project Silver Lake Harbor 3y' DESCRIPTIONAND PLANNER 4 MUSE OF PROPOSED PROJPCT;. u a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, ogre Dredgre boat basin Request 5 year maintenance provision If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? Both C. Will the project be for community, private, or commercial use? Commercial use Describe the planned use of the project. 4 LAND AND}fW4TER* , "t a 3� �4 ` CHARACTERISTICS x K fx= m•�,. �w s.�nN ..vFv::u a. Size of entire tract 26 ' x '2 0' b. Size of individual lot(s) NIA: c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 3' d. Soil type(s) and textures) of tract sandy loam e. Vegetation on. tract f. Man-made features now on tract motel- g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? not zoned i. How are adjacent waters classified? SA j. Has a professional archaeological survey been carried out for the tract? no If so, by whom? Complete this section if the project includes any upland development. N/A a. Type and number of buildings, facilities, or structures proposed b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen. tation control plan at least 30 days before land disturbing activity begins.. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete; to be, used for paved surfaces.. - h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. . Have these facilities received state or local approval? k. Describe existing treatment facilities. 1. Describe location, and type of discharges to waters of the state (for example);surface runoff, sanitary wastewater, industriallcwmmercial effluent, or "wash down"). m. Water supply source n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach. accessways or .pro- vide new access. o. If the project is on the oceanfront,, what will be the. elevation above mean se_ a level of the first habitable floor? ���i��EXCA�tA�01�� t1�TI7�FI�L a. Describe below -the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth -M- msaw son loom b.• Amount -of material to*be excavated from below water level, in cubic yards' 2.500 C. Typeof material' sand d. Does the area.to be excavated include marsh- land, swamps, or other wetlands? no e. High ground excavation, in cubic yards )Y/a-_ f. Dimensions of spoil disposal area 150' x 250' g..e Location, of spoil disposal area adiacent high ground. h. • Do you claim title to the disposal area.! ye s If not,, attach a letter granting permission from the owner. i. Will. a disposal area be available for future maintenance?Yes If so, where? Adjacent high ground j. Does the disposal area include any marshland, swamplland,lor water areas? No k. Will *the fill material be placed below mean high water? No 1: Amount of fill in cubic yards None m. Type of fill material N/A n. Source of fill material- NA o. Will fill material be placed on marsh or other wetlands? No p. Dimensions of the wetland to be filled ZA q. How will excavated or fill material be kept on site and erosion controlled? Dike disposal arpa and to by s:d —seeded after dewaternreadngan r. What type of construction equipment will be used (for example,.dragline; backhoe, or ' hydraulic dredge)? Hydraulic dredge, backhoe s. Will wetlands be crossed in transporting equip- ment to the project site?_ If yes, explain the steps that will be taken to lessen en- vironmental impacts. a. Length of bulkhead or riprap NZA b. Average distance waterward of mean high water or normal, water level c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material , 8a� ADDITIONAL INFORMATION '`` In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for. ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 Vh-x 11 white paper. (Refer to Coastal Resources Commission Rule 7j.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name Archie Pentz Address P.O. Box it Ocracoke, N.C. 27960 Name Albert Rose Address P.O. Box 2683 Rocky Mount, N.C. 27801 Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AIVDIPERIVIIS= SION TO �ENTER'ON ? ..i. � t ; - v "t a - ,.3• titi7 .Ft+n� .r ir:q ie Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- w posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the a57�day of ram_, 19 ,A" X !, C� Landowner or Authorized .agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. I MOM Asi i I/ ,vINf,0Jr,t O�'A I¢r Fi l4 r • Alt}o rl14 `, . I4 Ta 6 lI — �5J1 11 ! re �1 o rivr,;.t RECEIVED I o' _ �. OOT 1 9'81 �CtA .4��tArl V�h Ohit/xA`IIY �,w�1 trr �°I S' Ot:M•tc Slwar L-AKe, which hws ck-ec G, mr--Ie)'mi w l ��ii 0 e9 gl t o r+� o-1+'.ct• Ne%17T� ' u n Nk ,I State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Field Services Director 108 South plater Street Elizabeth City, N.C. 27909 (919) 338-1558 November 6, 1987 Mr. Scott A. Cottrell Post Office Box 130 Ocracoke, North Carolina 27960 Dear Mr. Cottrell: The Division of Coastal Management hereby acknowledges receipt of your appli- cation for state approval for development of your property located in Ocracoke, Hyde County. It was received on October 15, 1987 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 29, 1987. An additional 75 day review period may be necessary and if so, .you will be advised of the extension and the new deadline. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing” post- card which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one.into your property. Failure to post this notice could result•in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate state or federal agency. If you have any questions. please contact me at my Elizabeth City office. , Sincerely, D�� David R. GAri f*Zjg• DISTRICT MANAGER as DRG:yl Enclosure: notice card cc: Alison Arnold, COE Eddie Cahoon, LPO File" P.O. Box 27W Raleigh, North Carolina 2761I.7697 Telephone 919-733-2293 An Equal Opportunity A(iirrnative Action Employer