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HomeMy WebLinkAbout103-79 Cottrell, Scottanti Statc nl Noi Ili (molnla Delmrinx•nt of Nalural Resnuree> and (ennunulily Developnu•nl A FLUERAL PLRMIT IS REWIRLU GONTACT U. S. ARMYCORPS OF ENGINEERS, P. 0. BOX 1890 WILMINGTON, N. C. 28101 PERMIT TO EXCAVA'I I. AND/Olt I•I1 1, 1 Re: N.C. (:.S. 1 13.2291 Permit No. 14.}_19 Permit Class Mr. Scott A. Cottrell New P. O. &)x 478, Ocracoke, NC 27960 I0, lx•rmit authorizes CXC311ation and/or filling in __. ._..._ ._ Hyde _ _...__ Cuunty, N.C. at _ Silver Lake (next to Pamlico Sound) as requested in the permittce's al ph.:nion dated ... 6/18/79_ incl. attached plats, 3, dated 5/6/18 —..__ subject to the enndifions set forth below. il) That all fill material to be placed below mean high water be con- fined behind the permitted bulkhead. (3) That the activity be conduutv(Ciii such a manner as to prevent signi.fi- c:int increases in turbidity outsid(v Lilt, are�fa of construction or co l- struction-related dischargv (inc•roason of 25 .I'111'r or loss are not A considered significant). CS3 NOTE: An Easement to Fill is required by the I)vpart.ment of Aeimini i i H- 1111 ABOVI•. CONDITIONS AND 7'llE I'LANS AND SPI ('It- ICA I IONS Sl11IMIT11:1) AS PART OF THE AI'I'I ICATION IWIIERE NOT IN CONFLICI' WI"1'11 Tllli ('ONDIIIONS) ARIi NOT FOLLOWED PRE- CISI•ALY, TIIE I'I:RNIITTEE IS St)RJE(T TO A FIND:. INIPRISONMI-NT.OR CIVIL ACTION AS PROVID- IA) IN C.S. 113-229 (K) AND (L). Tlu, Irrntit Inay h objected to by the permitlee within twenty 1 `N) days tit' the date of issuance. Failure to vlhmil such objection shall he in[erprcted as .m agrrenlent of rumpli:ulce withall permit conditions. I Ills penuit must he displayed along with a Copy tit the application and the project plat in the cab (or pilot - he)u,el of the equipment working on the project, or he easily aec:+sihle, on site, to Department personnel when the pngjecl isinspecled. Any m:unlru:tree work or prgjccl modification Iequiles Iullhcl Di-Imilluent:d approval. Subject to permit n nrw al, ;dl work must trase when the permit terill in.ncs. Doeember 31, 1981 lvrntit Ierm:intes oil __... August 13, 1979 Is+uolg Dale - _ Fenn IL\I';,; soured by lbe gNo"ll the Secretary S. G '99 Assistant Secretary for Resource Management E I•, mt Numhrr 1 U 1-71e State of Not th (arulifw Coastal RCSeUtecO Conu.ussiom 3PerInIt FOR MAJOR DE:VCLOPMENT IN AN ARI.A OF I.NVIR (Re: N.C.G.S. 113A 118) AI G 17 1 11 3 r.nil- ^ne! (A erNew lass ky "I n. Mr. Scott A. Cottrell of P. 0. Box 478, Ocracoke, NC 27960 flu; In•otnl authmi: v.s &.volopntent in lye — County, N C al SE Lver bake next to Pamlico Sound) as rryuestr:d in the pennitleCs aple11''It mdatevl 6 18 79, incl, attached pats, 3, rated stihp•rt In thy• conditions set forth below, (1) That all fill material to be placed below mean high water be con- fined behind the permitted bulkhead. (;t) That in order to protect Water Quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacont waters. NOTE: Enforcement personnel will determine an increase as significant if the measured level of suspended ::ndiments is increased by 25 Jackson Turbidity Units. (3) That the pier be placed in accordance with the submitted plat, sheet #2, and that the platform placed at the waterward end of the pier be either centered on the pier end or shifted southe.ua. (toward the Willis property) an shown on shoot #3 of the submitted platy. NOTE: An Easement to Fill is required by the Department of Administration. NU'19i: In issuing this permit, the Department of Natural Resources and Com- munity Development agrees that yout project is consistent with the approved N. C. Coastal Management Program. IF 1111i ABOVE CONDITIONS AND THE PLANS AND SPFC'IFIC•ATIONS St.111M1'ITED AS PART OF THE APPLICATION (Wfil-10 NOT IN CONFLICT WITH THE CONDITIONS) ARE NOTFOLLOWED PRECISELY,THE PERMITTEE IS SUBJECT O A I INF, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G.S. 113-126. IL.. 111111 must b.-displayed along with a copy of the project t l.in Ih•..dh (ot t.ilethouse) of the equipment wo lkinp em eh. ,.•t„'. .o be• ea:.dy accessible. on site, to Depatnnew Im.. 'do•1 ohen the. ptoµ:et is insPertent Ain : Lunhvmnce wort, or ptojiwt modilication ivtfoirns tilt tl.• t I ey,at int.antal approval. All work must cease when 'hi, 1 .,­t I y ,. unlrs; the permit is n•newed. Pr•:ri! :•\lnn•: nit December 31, 1982 Signed by the authority of the Chairman of the Coastal Rusour: es Commission. Kenneth D. Stewart, Direoof ullice of Coastal Mdnalletrtent I s:.una .td.•----- August 13, 1979 _-- Supi,ttum of Applitamt 44North Carolina Department of Natural 16., Resources &Community Development James B. Hunt, Jr., Governor Howard N Lee, Secretary July 3, 1979 Mr. Doug Nelson Estuarine Management Section Box 768 Morehead City, NC 28557 Dear Mr. Nelson: The attached copyyf—afi.�pplication submitted by: Cottrell s Silver Lake Hyde County Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CANA major development permit... for a CAMA major development permit (only) ... ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than July 17, 1979 Orig. in Wash.ofc., to Pate for bio rep. Ack. in Wash. S ck requested. Copies Sincerely, to reg. ofc. in Wash. B John R. Parker, Jr.• Permit Coordinator PKP:sp:321 Post Office Box 27687 Raleigh, North Carolina 27611 Telephone 919 733-4984 An Equal Opportunity Affirmative Action Employer X (A) This agency interposes no objection to the proposed work. , (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. No objections with fol. condition: That no excavated or fill material be placed at any time in any marsh or waters of the state. (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). R. D. Nelson signed 7-3-79 to MEMORANDUM TO - From Subject John Parker Preston Pate App. for State permit - Location - Hyde County - Silver Lake Field Services PO Box 769 Morehead City, July 3, 1979 Scott A. Cottrell 6-18-79 Section OCM NC 28557 Investigative process - On site visit made prior to application on 4-17-79. App. re- ceived in Washington Field Office 7-2-79. Environmental Setting - The project is located on the eastern side of Silver Lake Harbor at the west end of Ocracoke Island. The site consists of a 92.5' by 88' lot lying between NC Hwy. 12 and Silver Lake. There is an existing two-story masonary building located on the site and appears to be unoccupied at the present time. The shoreline along this property shows evidence of a moderate rate of erosion, and there are various types of debris which have been placed in this area to arrest this problem. There is no wetland vegetation within the immediate project vicinity, and the adjacent properties on each side of the site have been stabilized with concrete bulkheads. The upland portion of the project site has an elevation of approximately 4' above mean sea level, and supports no growth of any wetland vegetation_ Project proposal - The applicant proposes to stabilize the 95' of shoreline by con- structing a concrete bulkhead at an alignment which will place this structure not over 8' from the MHW mark, and average of approximately 2' beyond the MHW mark. The maximum distance beyond MHW will be located at a point where the proposed bulkhead joins the existing bulkhead along the northern property line. The proposed bulkhead will join each of the existing bulkheads on the adjacent properties_ The confined area behind the proposed bulkhead will be filled with material trucked from an old dredged spoil disposal site at the north end of Ocracoke Island. In addition to the proposed bulkhead, a 120' long pier will be built from the shoreline into Silver Lake. The existing building will serve as a combination residence and gift shop for the applicant. The proposed pier will serve as temporary docking space for boats travelling through Silver Lake. Environmental impact - The proposed project will not require the alteration of any vegetated wetlands. It will, however, require the filling of approximately 175 sq. ft. of nearshore shallow water habit. This should have little impact, however, on any aquatic resources in this area. The project has been reviewed for consistency with the Hyde County Land Use Plan and has been found to be in accord with the pro- visions of that document. The CAMA permit is necessary to authorize the proposed construction of a service pier for a commercial operation. 4 Preston Pate f AI'i'LiLAi lv.. FOR PERMIT TO EXCAVATE AND/OR FILL EASEMENT IN LANDS COVERED BY WATER WATER QUALITY CERTIFICATION CAMA PERMIT FOR MAJOR DEVELOPMENT State of North Carolina Department of the Army Department of Natural Resources & Community Development Corps of Engineers, Wil 'a to strict (GS 113-229, 143-215.3 (a) (1), 143-215.3 (c),113A-118 (33 F p . -329), Department of Administration /, (6469`dl \ (GS 146-12) JUL 2 n-(� Please type or print and fill in all blanks. If information. is not applicable, so indicate by placing N/A in Ian % JS,2 i 1. Applicant Information A. Name Cottrell Scott_ A}J_ �. Last First Middle `ik B. Address—_ P.O. Box 478 Street, P. O. Box or Route _ Ocracoke, N.C. 2796o 928-5631 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County Hyde B. 1. City, town, community or landmark Ocracoke 2. Is proposed work within city limits? Yes 3c No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Silver Lake next ,to Pamilco Sound Ill. Description of Project A. 1. Maintenanceofexistingproject 2. New work Concrete bulkhead, piers B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area behind bulkhead length 95 width 8 r depth o to 3, 4. Other length width depth C. 1. Bulkhead length 95 , Average distance waterward of MHW (shoreline) 0 r to 120inches 2. Type of bulkhead construction (material) concrete D. Excavated material (total for project) 1. Cubic yards n/a 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards none 2. Type of material IV Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swarrps or other wetland? B. Does the disposal area include any marshland, swamps or other wetland? Yes— C. Disposal area 1. Location n/a 2. Do you claim title to disposal area? D. Fill material source if fill is to be trucked in _ Dredged sand from ni E. How will excavated material be entrapped and erosion controlled? ri a Yes No x _No x F. Type of equipment to be used none G. Will marshland be crossed in transporting equipment to project site? If yes, explain h end of Oc oke D&F-BI Rev. 3178 ' V. Iritended Use of Project Area (Describe) A. 1. Private 2. Commercial Boat docks 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) 92.5 x 88 feet 2. Elevation of lot(s) above mean high water 0 to 6 r 3. Soil type and texture sand 4. Type of building facilities or structures 2 st orV masonry 5. Sewage disposal and/or waste water treatment A. Existing B. Describe Planned VI. Pertaining to Fill and Water Quality: 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 2. Type of discharge none 3. Location of discharge VII. Present rate of shoreline erosion (if known): ttnknnt n VI II. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: none IX. Length of time required to complete project: 3 months X. In addition to the completed application form, the following items must be provided: A. Attached a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is 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 plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%: 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 date served 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. Jack Willis, P.O. Box 307 Ocracoke N.C. 27960 Archie Pentz P.O. Box 116 Ocracoke N.C. 22960 DATE 6-1879 WE Send one completed copy each to: Assistant Secretary for Natural Resources Department of Natural Resources & Community Development + P. 0. Box 27687 Raleigh, North Carolina 27611 Ph.919-733-4006 Signature District Engineer Wilmington District Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28401 (Note: attach Corps transmittal letter) Ph.919-763-9971 Ext. 565 D&F-B2 ` Rev. 3/78 0 , I SEAS '012 "I'o"AL HYDE COUNTY NORTH CAROLINA F F 6 r <& ki 6:7E--T 1 r 'r GJ�.+ i R-mij YN A7 yss fi I I flRF� w. i I-1 �1 "c h {llArks he w i 1 r1t•e•f l eatk I F+revcN-4 Q ro s f'o N, I _l \41 Norq�Nam;. `4. w w r � 1�au5 S!lver—L.:al<e 0 North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary 3 July 1979 Mr. Scott A. Cottrell P.O. Box 478 Ocracoke, North Carolina 27960 Dear Mr. Cottrell: The Department of Natural Resources and Community Mee hereby acknowledges receipt of your application fkg:rt approval to excavate, fill or perform other work in or adjacent to estuarine waters and marshland. The materials that you have submitted are adequate for processing if you will send at your earliest convenience a $10.00 application fee. I or another representative of the Office of Coastal Management may contact you within the next few weeks for an onsite investigation. Additional information may be required as a result of this investiga- tion and review. Please contact this office at any time if you have a question regarding the status of your application. Sincerely, L i..a,- a 4. +J1L-a'a� (61,1-) David L. Gossett Environmental Consultant Office of Coastal Management DLG:aht Washington Regional Office 1502 North Market Street, Washington, N. C. 27889 Telephone 919/946-6481 An Equal Opportunity Affirmative Action Employer NMFS SERO FIELD INVESTIGITION REPORT I. Investigation Type: Section 10 404 A. Public Notice No. Ofy,Y- hoc %3 Date_A7 c Agency Date P.cce-red 7 2i 7 P Extension To Pre Application Activity i"z ii Date 7 Agency r >r i�/rrr/lr Ir Post Application Activi Applicant's Name S Address: III. Water Body h Location of Work (City, County, State): -r, /I�e- 4,/fe- IV. Purpose of Work (Describe, e.g., water control, hurricane protection, etc.): A. Water Dependent: Yes ,%No B. Intended Use: Public r/ Private V. of Proojject (Appen/d schematic off plans). /Desscription/ I ��l Both Both �,z co, �e� A. Fill or Spoil. Area: 1. Dimensions: 9.5-1,V 3/ /� _ 2. Total Area: 2�.5 c, //X%TetIand) (Non -Wetland) a. Area Vegetated Wetlands: _ (Submergent) (Emergent) / b. Area non -vegetated ere -lands: (Submergent) (Emergent) _ 2 3. Method(s)(/to retain materials: ✓�/o✓orec� 4. Method(s) to prevent eros'_on: 5. Intenddeedd use //of fill area: �J/) fi f/c - �.� 6e a B. Dredge or Borrow Area: 1. Dimensions (Length, width, depth): /✓A 2. Total Area: (Wetland) (Non -wetland) a. Area Vegetated Wetlar._.,: (Submergent) (Emergent) 3. Quantity of materials to a excavated —(cu. yds.) Polluted: Yes No Unknown Pollutants (Apparent Sour:e) 4. Kinds of materials to be excavated (e.g. silt): 5. Intended use of excavated area: 6. Methods of excavation: 7. Will borrow area be backf:lled: Yes No If yes, with what type serial and where will it be obtained? C. Description of property adjace:t to project site and in area of project 3. influence (e.g., residential, industrial, etc., and extent of development)- eC-/a / -- 3 D. Project Operation (if applicable): VI. Habitat Description of Project Site and/or Area of Project Influence (Append Map and Annotated Photos): Area 1 A. Vegetated Wetlands Dredged Filled Other2 1. Predominant Emergent Species 2. Predominant Submerged Species B. Non -Vegetated Wetlands P-P,Wr -Sae pe tha//1 ,�S T. wd��r 1/ Source of. data (i.e., planime ter, estimate, etc.) 2/ Define (e.g. vegetation to be affected by impoundment or eater level manipulation) 4 C. Fish and shellfish resources (list predominant species and primary use of area, e.g.,designation of primary nursery 7UZr /�// wT' /�oT/OH O! / z- I identify their by a state): Source of information (i.e., personal observation, literature, etc.): Al el" /PAIar/»G r/G/ D. Endangered, protected or threatened marine mammal, turtle, or fish species (list species source of information and note use of habitat as to M-migration, F-feeding, S-spawn ing/b reeding): E. Biological significance of area (describe briefly the importance or relationship of proposed work area to fishery resources in area of project influence, e.g., source of detritus, etc.): // VI I. Potential direct and indirect effect of environmental alteration on fishery resources and/or thtir use (Brief Summary): /j�j 1oK-4no C1fcc a�J�AQ%cK r 6 VIII. Project alternatives that could prevent or reduce impact on fishery resources: A. Hold in abeyance (summarize reasons, e.g., not enough information in Public Notice or pending =IS): B. Modifications 1. Design (summarize, e.g., reduced length,width, depth; select different spoil disposal sites_, etc.): /Vy n C C ex-11 v >," 'e h `7 cue: 2. operation (summarize, e.g., maximize tidal flushing, water levels, monitoring, etc.): 3. Location (e.g., alternative site): a 7 IX. Other Comments (i.e., project was discussed with applicant, etc.): X. Field Reconnaissance Data: A. Investigator(s) Name Agency �� OG� B. Date of Investig tion Y time a n AA -3xYM ?93T7�S I y I na z.f.Na'c IN DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers P. 0. Box 1890 \ Wilmington, North Carolina 28402 SAWC079-N-048-000283 19 July 1979 PUBLIC NOTICE \ M SCOTT A. COTTRELL 0 Box 478, Ocracoke, North Carolina 27960 has made application for a Department of the UCT A BULKHEAD WITH BACKFILL AND A COMMERCIAL PIER ON SILVER LAKE OFF PA14LICO SOUND IN OCRACOKE, Hyde County, North Carolina. The following description of the proposed work is taken from data submitted by the applicant and from Mite inspection by a representative of the Corps of Engineers. Plans submitted with the application show proposed construction of approximately linear eat of concrete bulkhead aligned parallel to the shoreline of the applicant's property. The bul khea is to be positioned a maximum distance of 8 feet waterward of the normal high water (NNW) contour. The area landward of the proposed bulkhead is to be filled with ately 5 cubic jaU of material trucked from a upland borrow area. A 120-foot long, 5-foot wide, pile -supported, wooden prer is to be constructed waterward of the proposed bulkhead. At the waterward end of the proposed pier a 5-foot wide, 25-foot long platform is to be constructed. The fixed pier is to provide commercial docking facilities. The purpose of the bulkhead is to stabilize the shoreline providing protection from waterward wave erosion. Plans showing the proposed work are included with this public notice. The applicant has determined that this proposal is consistent with the NC Coastal Zone Management Plan and has submitted this determination to the NC Office of Coastal Management for their review and concurrence. The proposal shall also be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the NC Division of Environmental Management. b. The issuance of a Permit to Dredge and/or Fill under NC General Statute 113-229 by the NC Division of Marine Fisheries. C. The issuance of a permit under the NC Coastal Area Management Act (CANA) by the NC Office of Coastal Management or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under NC General Statute 143-341(4), 146-6, 146-11, and 146-12 by the NC Department of Administration and the NC Council of State.. The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency with a copy furnished to the Corps of Engineers. The District Engineer has made a preliminary determination that an Environmental Impact Statement under Section 102(2)(c) of the National Environmental Policy Act of 1969 is not required. This determination will be reviewed considering facts submitted in response to this public notice. This application is being considered pursuant to Section I of the River and Harbor Act of 1899 (33 U.S.L. 403) and Section 40410 of the Clean Water Act (33 U.S. Any person may request, in writing within the Comment perio specs ied in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion thereto, and this worksite is not included as registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently unknown archaeological, scientific, prehistorical, or historical data may be lost or destroyed by work to be accomplished under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsits observa- tions, that the proposed activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based upon evaluation of the probable impact of the proposed activity on the public interest and will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered; among those are conservation, economics, esthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production,and in general, the needs and welfare of the people. No permit will be granted unless its issuance is found to be in the public interest. Written comments pertinent to the proposed work, as outlined above, will be received in this office, ATTN: Mr. Hugh Heine until 4:45 p.m., 20 August 1979 or telephone (919) 3433--46664442. 4KOSAa- K Major, Corps of Engineers Acting District Engineer �,� P�oP�e�YAT►on1 i it �I i HYDE COUNTY s s r NORTH CAROLNA rar�xr+k DEPARTMENT OI: THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 IN R[PLY RXF[R TO SAWC079—N-048-000283 Mr. Scott PO Box 478 Ocracoke, Dear Mr. Cottrell: 3 October 1 RECEIVED OC1 In accordance with the written request 8 Jun 1979 and the ensuing administrative record, there is inclosed permit to construct a bulkhead with backfill and a commerc al pier on Silver Lake off Pamlico Sound in Ocracoke, Hyd u , North Carolina. If any change in the authorized work is required because of unfore— seen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office. Such action is necessary as revised plans must be reviewed and the permit modified. Please carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: 1. You must begin your work on or before 30 September 1980 and complete construction before 31 December 1982. 2. You must notify this office in advance as to when you intend to commence and complete work. 3. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. SAWC079—N-048-000283 Mr. Scott A. Cottrell 3 October 1979 The inclosed Notice of Authorization, ENG Form 4336, must be conspicuously displayed at your worksite. 2 Incl 1. Permit 2. ENG Form 4336 BCF w/cy Incl 1: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439.W. York Street Norfolk, VA 23510 Sincerely yours, A. A. KOPCSAK LTC, Corps of Engineers Acting District Engineer. BCF w/cy SP. Cond. and Plan(s): Mr. R. D. Nelson NC Division of Marine Fisheries PO Box 769 Morehead City, NC 28557 2 j • MAINTENANCE DREDGING: (1) That when the work atrthorimd herein includes periodic maintenance dredging, it maybe performed under this permit for years from the date of issuance of this permit. (ten years unless otherwise indicated); and (2) That the Permittee will advise the District Engineer in writing at least two Weeks before he intents to undertake any maintenance dredging.. If. Special Conditions (Here list;conditions relating Specifically to the proposed structure or work authorized by this permit): I. The bulkhead will not be positioned farther than 8 feet waterward from the normal high water (NHW) at any point along its alignment. 2. All backfill material will be obtained from a highland source and.confined F, landward of the permitted bulkhead. Z 1— 3. Before any excavation or construction is begun, the permittee and the. CD machine operator doing the proposed work will meet onsite with representatives of the US Army Corps of Engineerss to stake the bulkhead alignment. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. PERMITTEE MR. SCOTT A. COTTRELL BY AUTHORITY OF THE SECRETARY OF THE ARMY: DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and concl:�ions of this permit. DATE DATE 'TRANSFEREE DATE 4 01 W Loax n �\ lI iI 1\1 (G �-- NAPONAI \ � E � - NAttF0.A -�� 'AYE HYDE COUNTY l SEASNO0.F NORTH CAROLINA � ... y A-w a J ich will` b-9-- crmwhcA#'f,4-r—1 y jW CA "k-o 1p rcvegl,' tro S 10 N , -rJ-A, K tr.P, ,.x «,r U?e r 1 tTRc) PERTTk -:6t 416 I/ r/ .A.m* O&A,� ;Ai l pA"64r " i AucF,or c-TA, L c V roQmS - �--ci Id Are. A or lzo RECEIVED 5AVCO81—%-048—nG0353 I 110V 3 1981 f ' 30 nctober 1981 6r. Scott Cottrell PO noz 130 Ocracoke, "C 27960 near Mr. Cottrell: 7n accordance with the tte reaue t of August 1981 and the ensuing administrative record, nclosed is a permit t construct a new commercial pier on Silver Lake of aolico Somsd in acoke, Hyde County, 7orth Carolina. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, the plans revised to show the change vast he sent cromptiv to this office. Such action is necessary, as revised Plans rust he reviewed and the ;xrceit modified. Please carefully read your ;%rrit. The lreneral and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: 1. You ratat begin *our work on or before 31 October 1982 and complete construction before 31 December 1984. 2. You out notify this office in advance as to when you intend to comtenee and complete work. 3. Toe rust allow representatives from this office to oak* periodic visits to your worksite as deemed necessary to assure comoliance with pewit plans and conditions. S!►s Ct181-S-048-gQti358 30 6atober 1981 Mr. Scott Cottrell The inclosed ?iofice of Authorisation,- =G_ Horn 4336, must -be conspic- uoucly,-Aiaptoyed at.your worksi , Sincerely; • 2 Incl _ RODE&T K. BTWES - I. Permit Colonel, Corps.of Engineers 2. ENG Norm 4336 District Engineer Copy furnished v/cy Inca l: Copy Fasnished Why Spec Cond A Plana: Director, Atlantic .Sarin Canter "Office of Coastal Hanagement National Ocean Survey, WAA 'N.C. Department of Natural' -Resources ATTm 'W04, 439 W. York Stsaet. aad CoaWnity Haeelopment evorfolk, VA' 23510 PO'Box 769 Yorerioad City, SC 23357 J o. That if the activity authorized herein is not started on or before 41 day of nrt , lg R7 (one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before 31 ct day of Deretnbe}g 84, (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by,the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specifietl herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. II. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): 3 S�h�t� 1 Q l"A \, 1 f \r)V �Y'oP2 r� iCL I � to L4 w PA s- <, rAi-W