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HomeMy WebLinkAbout47-85 Cottrell, ScottPermit Class Permit NunTbm New STATE OF NORTH CAROLINA 47-85 Department of Natural Resources and Community Development and 3 Coastal Resources Commission r , for JUN - 71985 Major Development in an Area of Environmental r t_.L—Tr..)-1= iT'� Concern pursuant to NCGS 113A•118 ----------------------- ❑X Excavation and/or .filling pursuant to NCGS 113-229 issued to Scott A. Cottrell, P. 0. Box 130, Ocracoke, NC 27960 authorizing development in Hyde County at Silver Lake as requested in the permittee's application dated 9/25/84 i ncl udi nq attached plats. 3. no date. This permit, issued on !Z/%L'7� is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee 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 connec- ting 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 surrounding waters. (3) An area will be maintained to provide an acceptable disposal site for future maintenance dredging. (4) All spoil material placed in upland disposal area must be provided with a ground cover sufficient to restrain erosion within 30 working days of placement. (5) 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. This permit action may be appealed by the permittee 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 inspected 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. 1988 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. David W. Owens, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee SCOTT COTTRELL RECOMMENDATIONS I have no objections to the proposal subject to the following conditions: 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 retain- ing structures to prevent spill -over of solids into any marsh or surrounding waters. 3. The facility will prominantly display a sign showing the lo- cation of the nearest pumpout facility, listing the telephone numbers of local septic tank pumping services and including other appropriate waste disposal information. 4. An area will be maintained to provide an acceptable disposal site for future maintenance dredging. March 7, 1985 George H. Wood North Carolina Department of Natural Resources &Community Development ,,• James B. Hunt, Jr., Governor James A. Summers, Secretary February 6, Mr. John R. Parker, Jr. Permits Coordinator Office of Coastal Management Raleigh, NC 27611 Dear Mr. Parker: The attached copy of an application submitted by: Scott Cottrell Applicant's Name Silver Lake off Pamlico Sound, Ocracoke Hyde Location of Project OFFICE OF COASTAL MANAGEMENT David W. Owens Director Telephone 919 733-2293 I.9L�5 X 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) ... has been reviewed by the Field Services Section and is being forwarded to you along with a Field Investigation Report for further application processing including circulation to State and Federal agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Section is covered on the reverse side; attached; X will be forwarded later. �C 1 cerely, Charles S. Jones, Chi f Field Services Section CSJ:kh:1526 P 0. Box 27687 Raleigh, N. C. 27611-7687 An Equal Opportunity Affirmative Action Employer (A) This agency interposes no objection to the proposed worJk. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) ...that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) ...that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) ...that there will be significant adverse effect on public health, safety, and'welfare; ' (e) (4) ...that there will be significant adverse effect on the conservation of public and private water supplies; (e). (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as -proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies). CPONgP H Wood signed OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Scott Cottrell 2. Location of project site Silver Lake on 0 raroko Tsland L 1 3. Investigation type: Dredge 6 Fill " X CAMA. X 4. Investigative procedure: (A) Dates of site visit 1/9/85 (B) Was applicant present Yes 5. Processing procedure: Application received 1/28/85 Office Fli abbpth City 6. Site description: (A) Local Land Use Plan Hyde Land classification from LUP Conservation (wa.-r) Develpped Development constraints identified in LUP' None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters X Estuarine waters X. Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private Commercial Boat Basin (E) Type of waste water treatment: Existing Treatment Plant Planned (F) Type of structures:, Existing 'Motel Planned (G) Estimated annual rate of erosion - 0 - Source Lot bulkheaded 7. Habitat description: (A) Vegetated wetlands: (B) Non -vegetated wetlands: (C) 'Other: (D) Total area disturbed: 16,000 square feet 8. Project summary Thp applicant proposes to Pxr�vatp a but basin in frnnt nf his .uu 1 .. SCOTT COTTRELL SITE DESCRIPTION The applicant's commercial lot on Silver Lake at Ocracoke supports a thriving motel business. The shoreline is bulkheaded, and two 180-foot- long piers with 55-foot 'T's were constructed and authorized under CAMA minor permits. CAMA Major Permit #52-80 was issued to authorize the construction of finger piers (not done), a dock parallel to the exist- ing bulkhead (completed), a 12' x 30' service pier (not done), and an attendant building (completed). This permit has been modified and re- newed several times to now include an additional attendant structure , and removal of the gas tanks to install a swimming pool and raised deck. This request is to authorize the dredging of areas around the existing piers to -6 feet MHW: The sandy shallow bottom grades off quickly at the water -ward end of the piers (approximately 160 feet off- shore). No significant submerdent of emergent vegetation is located in the project area. The first 100 feet of excavation will be accomplished by a dragline on the high ground. The remainder of the excavation is proposed to be completed by a barge -mounted dragline. All spoils will be loaded on dump trucks and disposed of on.a high_ground piece of land the applicant owns nearby. ANTICIPATED IMPACTS . Approximately 16,000 square feet of shallow water habitat will be excavated. Provided that all the work is accomplished within a reason- able time, the basin will connect to waters asdeep or deeper than the area to be excavated. 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. - February 6, 1985 George H. Wood APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of. North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development - Corps of Engineers, Wilmington District (GS 113.229,143.215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and -fill in all blanks. If information is not applicable, so indicate by placing N/A in blank, I. Applicant Information A. Name Cottrell Scott A Last First Middle B. Address P.O. Box 130 Street, P. O. Box or Route OCraCOke N ^ 27q60 q19 q2R �R1 City or Towri State Zip Code ' Phone II. Location of Proposed Project: A. County Hyde B. 1. City, town, community or landmark Ocracoke 2. Is proposed work within city limits? Yes X No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Silver Lake off Pamlico Sound 111. Description of Project Exc vate area between piers K. 1. Maintenance of existing to foot ,depth for boats. g project 2. New work B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length 1 width 100 r depth 61 " 3. Fill area length width depth 4. Other length width depth C. 1. Bulkhead length ^_ 'Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (t3�5oproject) 1. Cubic yards 2. Type of material sand ,E. Fill material to be placed below MHW (see also VI. A) :i 1. Cubic yards none 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area tube excavated include any marshland, swamps or other wetland? Yes No x B. Does the disposal area include any marshland, swamps or other wetland? Yes _ No _� X. C. Disposal Area 1. Location It Will be. hauled off in d1i 2, Do you claim title to disposal area? ve G seawall D. Fill material source if fill is to be trucked in %E. How will excavated material be entrapped and erosion controlled? Material will beloaded On d mn trruc F. Type of equipment to be used yragl lne - - — G. Will marshland be crossed in transporting equipment to project site? If yes, explain D& F-Bl Rev. 70/78 r v V.,, Intended Use of Project Area (Describe) A. 1. Private 2. Commercial Boat'doek area for use' of visitors to Ocracoke ' 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) 150' x 250 r 2. Elevation,of lot(s) above mean high water 3. Soil type and texture sand . 4. Type of building facilities or structures motel 5. Sewage disposal and/or waste water treatment A. Existing rea men $ B. Describe ` 6. (Land Classification! (circle one EVE�LOPE TRANSITIONAL COMMUNITY " RURAL' - ;. CONSERVATION — OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: '' J A. Does the proposed project involve the placement of fill materials below mean high water? Yes —No X B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the ,. area following project completion? Yes No x. ,w ' 2. Type of discharge 3. Location of discharge VIL Present rate of shoreline erosion (if known): none Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or Statepermits for work in project area, if applicable: ,S41jCO81—N—o48-000353 .. SAWC083—n-028 0183 IX. Length of time required to complete project: 1 year X. In addition to the completed application form, the following Items must be provided: A. Attach a copy of the deed (with State application only)*or other instrument under which 'applicanC" claims title to the affected property. OR if applicaneis not claiming to be the owner of said property, - then forward a copy of the deed or other instrument under which the owner claims title plug written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 836 X 11" white paper (see Instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113.229 (d))Enter data served ov i 19-$ �{ D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days.in which to submit comments to agencies listed below. Archie Pentz. P.O. Box 116, Ocracoke, N.C. 2796o XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XIL Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. 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