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HomeMy WebLinkAbout187-87 Cox, HerbertPermit Class Permit Number NEW STATE OF NORTH CAROLINA 187-87 Department of Natural Resou cgs:and Community Development Coastal.ReSouice Cottt7Wssion r1 j7 n i SEP 2 2i 1987 it! 0 Major Development in at'_ (irmironmental ---------------------- Concer---------------------- Concernptjtsuant to-h1 _ 3'A © Excavation and/or filTingpusuant to NCGS 113.229 Issuedto Hernert LOX RUttln Hewitt dna marlin waters, 3108 lnnps Franklin Rd , Raleigh, N authorizing development in Beaufort County at the Paml i rn River and a man—made canal near Burbage Crossroads as requested in the permittee's application dated 7/-1_/R7 inrlmling attached plats 4, location sheets 1-2 of 2 and rross certinnc datpd rprpiyed 8/5/R7 g This permit, issued on zz" 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 bulkhead on the man-made canal will not be positioned farther than an average of 2 feet from the normal water elevation contour. The bulkhead on the Pamlico River will not be positioned farther waterward than an average of 7 feet from the normal water elevation contour. 2) All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. 3) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 4) Earthen plugs will be left between the man-made canal and the basins until excavation landward of the plugs has been completed. To prevent unnecessary sediments from reaching the Pamlico River, 24 hours will be allowed to elapse before the plug is removed. 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 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. j/a�ft���� David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernittee Cox, Hewitt, 6 Waters ADDITIONAL CONDITIONS Permit # 187-87 Page 2 of 2 5) All excavated materials will be confined landward of the normal water elevation contour and any irregularly flooded vegetated wetlands. 6) Vegetated wetlands will not be excavated or filled. 7) Excavation will not exceed 6 feet below the elevation of normal water. 8) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) days of project completion. 9) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction - related discharge. NOTE: Future development on the permittees' properties may require a modification to this permit. Contact a representative of the Division of Coastal Manage- ment for this determination prior to commencement of any such activities. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. (isAUG 0 51987 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 4 August 1987 Mr. John R. Parker, Jr., Chief Major Permits Processing Section Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: The attached copy of an application submitted by: Herbert Cox, Ruffin Hewitt, Marlin Waters Applicant's Name David W. Owens Director rsurnage CTossroads Beaufort County 3cation of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major develop- ment 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 agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Section is X covered on the reverse side; attached; will be forwarded later. CSJ:ap:3566 S•ncer-elyy_, Charles S. Jones, ief Field Services Section P.O. Bm 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity A(Nrmatme Action Employer Fi (A) this agency has no objection to the project as proposed.(NO OONDITTONS) (B) This agency has no comment on the project as proposed. (C) This agency approves of the project (or project concept) and/or recommends these minor refinements for project management. (D) This agency objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)(1) ... that there will be significant (e)(2) ... that there will be signifi- adverse effect of the proposed dred- cant adverse effect on the value ging and filling on the use and enjoyment of the property of of the water by the public; any riparian owners; (e)(3) ... that there will be significant (e)(4) ... that there will be signifi- adverse effect on public health, cant adverse effect on the con - safety, and welfare; servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or _marine fisheries; (1) Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site .rule. (3) Inconsistency with the local Land Use Plan (Please elaborate). (4) Inconsistency with Rules, Guidelines or Standards of this agency or a finding that the project is, in, conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that support findings relating to D1-4 or provide general comments. igna ure Date OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Herbert. Cox, Ruffin Hewitt; Marlin Waters 2. Location of project site BeaufortCounty,'Burbage Crossroads, Pamlico -River photo # 74-983, 12-19-84, N-i , O} 18, P-19- 3. Investigation type: Dredge 6 Fill " X ' CAS X 4. Investigative procedure: (A) Dates of site visit 6-4-87 (B) Was applicant present�o' 5. Processing procedure: Application received 7-20=87 Office_ Washington 6. Site description: (A) Local Land Use Plan Beaufort County Land classification from LUPConservation Development constraints identified in LUP'None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands Public trust waters Estuarine waters X**' Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private X Commercial (E) Type of wastewater treatment: Existing 'Septic tanks Planned None (F) Type of structures: Existing. 'One single family dwelling Planned Bulkhead nncaihly twn aHdll innal sinn•la family dwelling in future (G) Estimated annual rate of erosion ± 4 Source DCM staff observation 7. Habitat description: (A) Vegetated wetlands: None (B) Non -vegetated wetlands: (C) Other: AREA Dredged Filled Other N/A N/A Open water Highground — , sq. (D) Total area disturbed: ±± 1�. + 2,827 sq.ft. ± 2,827 sq.ft. B. Project summary The applicants are orornosing to cnnstrnct S71' of bulkhead and to excavate two boat basins. Rivironmental settin The three applicants each own a 0.75 acre lot, one of which is on the Pamlico River and a manmade canal, the other two are on a manmade canal. The lots have an average elevation of 5.0' above the normal water level. Located on one of the canal lots is a single family dwelling. The other two lots have no dwellings but may possibly have in the future. No wetland vegetation is located on any of the lots. The two canal lots (+ 234' of shoreline) have an erosion rate of + 2' annually. The lot which is located on the Pamlico River and the canal (+ 337' of shoreline) has an annual erosion rate of + 7' along the river shore and -a rate of + 2' along the canal shore. Project proposal The applicants are proposing the following: (1) To excavate two boat basins in highground attached to the manmade canal. Basin # 1 will be 45' by 30' by -6' at normal water level. Basin # 2 will be 25' by 18' by -6' at normal water level. Spoils from both basins will be placed on highground. (2) To construct 571' of bulkhead. The bulkhead along the canal will average + 2' beyond the normal water level, and the bulkhead along the Pamlico River will average + 7' beyond the normal water level. At two locations along the canal sections of highground will be excavated (see plats) to square the properties. Environmental impact The project as proposed should have a minimal environmental impact. + 2,827 sq.ft. of open water area will be filled landward of the proposed bulkhead, and + 1,970 sq.ft. of highground area will be excavated. No wetland vegetation will be excavated or filled. David L. Gossett - Washington Office - 4 August 1987 O �. do Go t� G o� S �0 1� i� of cbe\ epcs coijecs cb ��s aQQ`�cac>o" c Pcc IGP� CJ'� P a�a� B as�a` Pt \\3 f S- e \aye �yja� S• tee \o Qcacclro o` c of EGGS �acecs P� ��\\�o� Pcc �a���'GS'j6A� Q�•.Ql ea�`r�' a��bo o9�a�e an a �b\e�] eveo E cbeR`Ve� `�`o , ao o\� o'FJ Pcc cnen� Sec�IlO c&fe 4 ate" a�aGe \ acpe� clwlvn 4 G°��ac 1a�� p`sc ec%go of cbe eeO p`V`5`OO v2oc & �;oo�` °Sec��o�` y i `` G• es at` p+� pis eve e\O,z����0� F00' AI�la1 Please type or print. Carefully describe all an- ticipated development activities, including construc. tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8.9 must be completed for all projects. d. Describe the planne use of the project. — 1 r a. Size of entire tract_— �-A— r9cY�S �) ! �� %2r ��� s / Name b. Size of individual lot(s) _ 1 7 .4GYea-0-- a Address 3 I 0 vi v IC PP � c. Elevation of tract above mean sea level or Na- City_ State C ' tional Geodetic Vertical Datum 7', D ' Zip 'Q7L 6 JDayphone 4� �%�6 d. Soil types) and texture s) of tract o — `' Landowner or Au horized agent b. Project jro Ave_ Sw o e. Vegetation on tract _ o r1155 name (if any) " �V p6 o v-r+ is c. If the applicant is not the landowner, also give f. Man- d features now on tract the owner's name and address. N g. What is the CAMA Land Use Plan Classifica- 97- tion of the site? (Consult the local land use plan.) Conservation Transitional G �2 IACATiOWOR I?SOPOSED a Developed Community Rural Other h. How is the tract z�d b y local government? a. Street address or seconds roa number i. How are adjacent waters classified? po r6 N c X — A j. Has a professional archaeological syrvey been b. City, town, community, or landmark carried out for the tract? yo If so, by whom? R.T: i j WAm /(. C I c. County -bean d. Is proposed work within city limits or planning tC Jr�UPL�AND DEVELOP.° X jurisdiction? /�O Z L+h✓ ru`.._Y:�..i y"ii1w.+�c3 �}-if.h..i_'•.'r, .€�w e. Name body of water nearest project Complete this section if the project includes any Arn l � Go R � upland development. a. Type and number of buildilnyQs, facilities, or structures proposed �✓Aq_ �+ (�7] a .ar:slT.�.r, r pmQ q!17iOOiVL�`atifr.aW �"�L'L.s. b. Number of lots or parcels a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) 44/s9— bulkhead, or ier). /p, e4 J —yam ,2 Fo, ; rT— d. Size of area to be graded or disturbed /A e. If the proposed project will disturb more than one acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting projec�t,/mew work or both? 0,�~k sedimentation and erosion control plan been —mot ` submitted to the of Land Resources? c. Will the project be for community, private, or /ivision Fj commercial use? f. Give the percentage of the tract within 75 feet j/dTe of mean high water to be covered by im- permeable surfaces, such as payment, I�E�� buildings, or rooftops. .�, t�ew:IT 3_ fY14,4: g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from asphalt, or concrete, used for paved 3 below water level in cubic yards surfaces. / c. Type of material 5ano d. Does the area to be excavated include arsh- h. If applicable, has a stormwater management land, swamps, or other wetlands7 NO plan been submitted to the Division of En- e. High ground excavation, in cubic yards S_ vironmental Management? Al-14 f. Dimensions of spoil disposal area o? i. Describe proposed sewage disposal and/or waste — g. Location of spoil disposal area YD0 t14 water facilities. Y Zaatment �J h. Do you claim title to the disposal area? j. Have these facilities received state or local If not, attach a letter granting permission from approval? rLr_S the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future YeFc�/ To 1. maintenance? i, e5 If so, where? 19 Y�1 H orTim�r. risl of ) 5T j. any Does the disposal area include marshland,`' l 1. Describe location and type of discharges to swam011and,'or water areas? 0 waters of the state (for example?, surface runoff, k. Will the fill material be placed below mean sanitary wastewater, industrial/commercial high water? O effluent, or "wash down"). zVo" 1. Amount of fill in cubic yards s m. Type of fill material_S x! n. Source of fill material C'an7y4c ys grow P '. I m. Water supply source o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? /VO describe the steps that will be taken to main- p. Dimensions of the wetland to be filled tain established public beac accessways or pro- q. How will excavated or fill material be kept on vide new access./�Q- sit and erosion controlled? .S: lT - n Gr A!J e o o. If the project is on the oceanfront, what will r. What type of construction equipment will be be the elevation above meanzsea level of the used (for example, dragline, backhge, or first habitable floor? �V /f� hydraulic dredge)? ��Ac%� he -e 6 EXCAVATION AND FILL IN s. Will wetlands be crossed in nsporting equip- r ,FORMATION :. , , _ ment to the project site? If yes, explain the steps that will be taken to lessen en - a. Describe below the purpose of proposed excava- vironmental impacts. tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) a Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW i k 7 SHORELINE STA .S 7/ a. Length of bulkhead or riprap b. Average distance wale d of pean hjgbw.water or normal water leve -.2 c. Shoreline erosion durint preceding 12 months, in feet .1 ' d. Type of bulkhead material e. Amount of fill, in cubic yards, to be lacej� below mean high water IR 313 S1 f. Type of fill material _,'rA&- lsJC�t ik Upland fill areas 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 cant' out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 Sh 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—/'W4LLO SS Address Name r _ ' Address (1 A' nr 3 Al" Name 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). 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- 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 _L day off 19-11,.�f / /f X / d' , d" Landowner or Authorized agent AJP-t-7- -gov— pwti,er 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. "4� 4oi I , I 1 I I t 1 I I 1- t TT—,rc oSe-mot X 45' oI�v ws,r� v � � '" 7� 6�oliLl7eac� �✓ �� � � J Vo Ci 1 C�Npr / 5,✓wle I" = 3Oi 54ecT log Z e a but l,,( nTe Y-,s Koine- RaSS s , Sc a IC I c .1� 1 A A .T • 4 F ; C * 1 ,I - tale G / • , 6 -,e ;F" /R- A e IV�T 7o -�-eq /x i v e,�-E '7 w avci -4 yyc�w/11 -A-.a a-BAz! -- lqlc-- , X- S-c«�.,C,�- V c F 4-5,1vl��i d 4 X. olalC,� ve., GIL � ♦* A y (16i A l ICK t _ ; per. Ale IT >t'. I F•I-I y. a �`. r C _J' n. :. •, To Y- t ggC 41 '�Irr 4t r rlffl'#���� iI•r "I e 1, ar�• 2 � 9rr I r C•.YI �. 1 i,'+I! # �, eiiljrY • �, eL IT ! • t , aO • A 4. .:, IA Af-` -•I I t .\• ��. i 1A 41, ITN f I i. r •1 �\ � Tr'.'�`# � a 1. t. } • { 7 .� a. �i�•.�e r �1 (� � • ... t. IT � AF I ' KEG ♦ ,_` °. c a r !t ''q 4 � ,r '' I rd� �i. 4,I1 '1� • 9 A °�io m_Y "•I.,, i•� rx'I{h �,. fl Er p4lid ' o °.d eE •' - r � r l 4,i�ar � . i k� 4- 14Y � vT. rr t� r �i ITNI� bi tt_. T 41 To6 'I * E�iq.4 I.}� •.. It TO '1 t 3Pf /% � �_��q it i•��� •t / � � 1� w i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS AUGXtj P.O. BOX 1890l%!V WILMINGTON, NORTH CAROLINA 28402-1890 August 27, 1987 ---------------------- IN REPLY REFER TO , Regulatory Branch SUBJECT: File No. SAWC087-N-007-0507 Mr. Herbert Cox, Mr. Ruffin Hewitt and Mr. Marlin Waters 3108 Jones Franklin Road Raleigh, North Carolina 27606 Dear Messrs. Cox, Hewitt and Waters: On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received August 5, 1987, for a Department of the Army permit to excavate two basins and construct and backfill bulkheads on the Pamlico River, near Burbage Crossroads, Beaufort County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State -Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWC087-N-007-0507 and will be coordinated by Mr. Ken Jolly. He is available to address questions or comments you may have at telephone (919) 343-4632. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure —2 Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina' 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 �1 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 Ms: L. K. (Mike) Gantt, U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pive'rs Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365