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HomeMy WebLinkAbout96-89 Cox, PollyPermit Class Permit Number NEW 96-89 STATE OF NORTH CAROLINA Department of Natural Resources and Community Development and _ Coastal Resources Commission ! - Vrrmt"t `► AY 041989 for ��T]-u U3_ X Major Development in an Area of Environmental Concern --------------- pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Polly S. Cox, Route 2, Box 338, Washington North Carolina 27889 authorizing development in Beaufort County at the Pamlico River, off SR 1730 at Pamlico Beach as requested in the permittee s applicanon a 1/19/89 incl ing attached plats, 4, plan view, x—section. location and location detail dated r iv J� 1J�VJ. This permit, issued on 5,/- Z a 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 be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The bulkhead will be positioned in strict accordance with permit plans. To prevent an unintentional violation of this authorization, representatives from the North Carolina Division of Coastal Management and/or the Corps of Engineers will be available to stake the alignment prior to construction. 2) All backfill materials will be obtained from a high ground source and confined landward of the permitted bulkhead. 3) All fill material to be placed below the normal water level will be confined behind the permitted bulkhead. 4) The fill material will be clean and free of pollutants except in trace quantit- ies. Metal products, organic materials, or unsightly debris will not be used. (See Attached Sheet for Additional Conditions This permit action may be appealed by the perminee 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 Deomber 31, 1992 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. George T. Everett, Director ` Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Polly' S. Cok Permit # 96-89 Page 2 of 2 5) The area will be properly graded and a ground cover sufficient to restrain erosion will be provided within 30 working days of completion of any phase of grading on cut or filled slopes. 6) 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. 7) The permittee will maintain the authorized work in good condition and in conformance with the terns and conditions of this permit. The permittee is not relieved of this requirement if he abandons the structure without having the permit transferred to a third party. NUM: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 946- 6481 prior to commencement of any such activity for this determination. NOTE. The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. g 1993 ! NFFM77 MEMORANDUM MAY 2 In my 13 January 1993 Memo to you (see attached) I recommended that CAMA Major Permit No. 96-89 not be transferred to Steve Pescatore and renewed. After several additional site visits and discussions with you and Terry, I would recommend transfer and renewal if the following conditions and/or changes can be incorporated into the permit: When Polly Cox obtained the permit it was to place the bulkhead an average of 8' from the NWL with a maximum distance in a washed out area of ±20'. Since Mr. Pescatore has owned the property, the average is now 15.5' from the NWL with a maximum in the washed out area of ±33'. I recommend that Mr. Pescatore be allowed to reclaim what he has lost which is an average of 7.5' from the NWL with a maximum of ±13'. The alignment should be staked and/or verified by a representative of this Division. 2. I recommend that a condition be added stating that no fill will be placed in jurisdictional wetlands unless authorization is obtained from the appropriate State and Federal agencies. These changes should prevent us from repeating the same scenario as Roger Scheel on the Albemarle Sound in Tyrrell County where we gave him a permit to reclaim land lost prior to his ownership and thereby prompted DOA to require an easement and restitution to the State for the reclaimed land. cc: Preston Pate M E M O R A N D U M TO: John Parker r/ THROUGH: Terry Moore FROM: David Moye DATE: 13 January 1993 SUBJECT: Transfer and Renewal of CAMA Major Permit #96-89 On 9 December 1992 Mr. Steve Pescatore requested that CAMA Major Permit #96-69, which had been issued to Polly Cox and expired on 31 December 1992, be transferred to him and be renewed (see attached letter). I have reviewed the permit file and give a brief chronological description below. Polly Cox applied for a CAMA Major permit on 14 November 1984 to construct and backfill a ±180' long bulkhead at Pamlico Beach on the north side of the Pamlico River. The application requested an average distance of 3' beyond the •NWL for the bulkhead alignment with ±4' being the greatest distance measured from the NWL. In the bio report, no wetland vegetation was present on the project site. CAMA Major Permit #35- 84 was issued on 1 March 1984 and the work was completed. Sometime after completion of the permitted bulkhead, breaches occurred in the bulkhead and severe erosion took place. On 7 March 1989, Polly Cox applied to repair the existing bulkhead and backfill the area lost to erosion. The application stated that the average distance from the existing shoreline to the bulkhead was ±8' and that the maximum distance in a washed out area was ±201. The bio report stated that S. patens was present, but occurred at an elevation of ±4' above the NWL and was not subjected to regular or irregular flooding. CAMA Major Permit #96-89 was issued on 20 April 1989 for the replacement of the existing bulkhead and associated backfill. No work has been undertaken as authorized by CANA Major Permit 496-89 and erosion has continued. Mr.. Pescatore purchased the property on 8 April 1991 and has waited until the permit's expiration date to ask for a transfer and renewal. I was onsite the property on 17 December 1992 to determine the current average of water behind the bulkhead as well as any other changes that may have occurred since the permit was issued. As shown on the attached plat, the average distance from the existing deteriorated bulkhead to the shoreline is 15.51. The maximum distance is now ±331. A substantial amount of S. patens is present along the shoreline and a large area of Carex spp. is also present. I coordinated with Norm Sanders of the U. S. Army COE to delineate any 404 wetlands. Norm and I were onsite on 11 January 1993 and a portion of.the property was delineated as 404 wetlands by Norm (see attached plat). In view of the substantial changes that have occurred on this property since the 20 April 1989 issuance of CAMA Major Permit #96-89, and the fact that Mr, Pescatore has owned the site for almost 2 years without requesting a transfer, It is my opinion that his request be denied. I suggest that Mr. Pescatore be advised to apply for a new permit at which time I would be happy to explain his options for stabilizing the property as it currently exist. If I can provide you with.additional information, please let me know. COrex c,ce2 Vco 2� v�— ' cusG;nS �le� riorc�e� 3�k1,ec:c� zo' Iz' trc' 33' ,ice, l7cila�cis l� — 4;t ;z71 Co'k 9� �`3�i I / 4— 40"A 1,nO_ —y \S bkl\V�NeocQ COG- 1 r y a� 0'r o,n.a�ti �ql°S l l iL c-cQ-m bcr- 1 cjc- 'Z ���e� 11 �S wt,�al•� 11i3 �a 11.. 44r 5 DiJLu !4I y 2 0� /fin , �v l/ e, rv7, J _ + TO:MOREHEAD CITY FEB-15-193 MON 15:09 ID:DIV OF COASTAL MGMNT TEL NO:(919) 733-1495 #Oe9 P02 ' 4AIV 19 93 •- ME M0RANDUM °'• �7 TO: John Parker 'G g-� 5 THROUGH, Terry Moore FWM: David N.Y. DATEt 13 January .1993 �" �`�� �✓ SUBJECT: Transfer and Renewal of CAMA Major Permit #96-89 On 9 December 1992 Mr. Steve Pesaatore requested that LAMA Major Permit #96-89, which had been issued to Polly Cox and expired on 31 December 1992, be transferred to him and be renewed (see attached letter). I have reviewed the, permit file and give a brief chronological description below. Polly Cox applied for a CANA Major permit on 14 November 1984 to construct and backfill a ±180I long bulkhead at Pamlico Beach on the north side of the Pamlico River. The application requested an average distance of 3' beyond the MM for the bulkhead alignment with :W being the greatest distance measured from the WIL. In the bio report, no wetland vegetation was present on the project site. CAMA Major Permit #35- 84 was issued on 1 March 1984 and the work was completed. Sometime after completion of the permitted bulkhead, breaches occurred in tho bulkhead and severe erosion took place. . On 7 March 1989, Polly Cox applied to repair the existing bulkhead and backfill the area lost to erosion. The application stated that the average distance from the existing shoreline to the bulkhead was ±B' and that the maximum distance in a washed out area was ±201. The bio report stated that S. patens was present, but occurred at an elevation of ±4' above the NML and was not subjected to regular or irregular flooding. CAMA Major Permit #96-89 was issued on 20 April 1989 for the replacement of the existing bulkhead and associated backfill. No work has been undertaken as authorized by CAMA Major Permit #96-89 and erosion has continued. Mr, Pesaatore purchased the property on 8 April 1991 and has waited until the permit's expiration date to ask for a transfer and renewal. I was onsite the property on 17 December 1992 to determine the current average of water behind the bulkhead as well as any other changes that may have occurred since the permit was issued. As shown on the attached plat, the average distance from the existing " deteriorated bulkhead to the shoreline is 15.51. The maximum distance is now ±33'. A substantial amount of S. patens is present along the shoreline and a large area of Carex app. is also present. I coordinated with Norm Sanders of 'the U. S. Army COE to delineate any 404 wetlands. Norm and I were onsite on 11 January 1993 and a portion of the property was delineated as 404 wetlands by Norm (see attached plat)- In view of the substantial changes that have occurred on this property 0 nce`the! 20 April 1989 issuance of CARA Major Permit #96-69, and the fact that Mr, Pescatore?has owned the site for almost 2 years without requesting a transfer, It is my'opinion that " ;..�. his request be denied. I suggest that Mr. Pescatore be advised to apply for a, new permit at which time I would be happy to explain his options for stabilizing the Property as it currently exist. If I can provide you with additional information,. please let me know., I TO:MOREHEAD CITY FEB-15-193 MON 15:09 ID:DIV OF COASTAL MGMNT TEL N0:C919D 733-1495 #oe9 P03 r— S.1 x Alr v r 170 e..sure ��—.— �--• c� p hIAR 1 4 5989 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 10 March 1989 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: Polly S. Cox Applicant's Name Pamlico Beach Beaufort County Location of Pr6ject County David W. Owens Director 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) .... 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 x covered on the reverse side; attached; will be forwarde— "later. Sincerely, /7(00'te� Terry Moore, Manager Washington District P.O. Box 27697, Raleigh, North Carolina 27611-7697 Tekphone 919-733-2293 An Equal Oppommiry Affirmative Action Empic,,w i'. ., ;.•(ice e - t; (A) This, office has no objection to the project as proposed. (B") This office has no comment on the project as proposed. x (C) This office approves of'the project (or project concept) and/or recommends these minor refinements for project management. 1) The bulkhead shall be constructed in strict accordance with .the submitted plats. 2) The bulkhead shall be constructed prior to the placement of any backfill, 3) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. (D) This office 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 dredg- cant adverse effect on the value ing and filling on the use of the and enjoyment of the property of water by the public; any riparian ormers; (e)(3) ... that there will be significant adverse effect on public healthi safety, and welfare; (e)(4) ... that there will be signifi- cant adverse effect on the con- 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. (2) 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. Slggnture Date Memorandum To: John Parker .p From: LuAnn Bryan Subj: Polly S. Cox - Conditions Date: 21 March 1989 Recommendations & Conditions: D As' 3 I� MAR 2 8 1QSg uuc� Ui.::: I conclude this application is consistent with Specific Use Standards O7H.0208 (b)(7)(D)(i-iv) and would accomplish the spirit and intent of the regulations. Therefore I recommend issuance of the requested permit per the following conditions. 1. The bulkhead be constructed in strict accordance with the submitted plats. 2. All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. 3. All fill material to be placed below NWL will be confined behind the permitted bulkhead. allYl wxl va:' a.vaw iaaaa avcu.a-avauaua.s . I. l .,. JJ L}' 40" lV FIELD INVESTIGATION REPORT Long: 760. 37' 14" W 1. APPLICANT'S NAME Polly S. Cox 2. LOCATION OF PROJECTS Pamlico River Photo Ref. 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 1-17-89 3-7-89 (B) WAS APPLICANT PRESENT Yes No 5. PROCESSING PROCEDURE: APPLICATION RECEIVED 3-7-89 OFFICE Washington 6. SITE DESCRIPTIO14: (A) LOCAL LAND USE PLAN Beaufort County LAND CLASSIFICATION FROM LUP Conservation -water DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP Transition land be developed under very controlled conditions (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS PUBLIC TRUST WATERS X ESTUARINE WATERSX OTHER (C) WATER DEPENDENT: YES X NO (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIALS (E) TYPE OF WASTE WATER TREATMENT: EXISTING N/A PLANNED (F) TYPE OF STRUCTURES: EXISTING . Bulkhead- (deteriorated) W.AMMn Bulkhead (G) ESTIMATED ANNUAL RATE OF EROSION 20' SOURCE Applicant last year due to storm 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER (B) NON -VEGETATED WETLANDS: Riverbottom (C) OTHER: (D) TOTAL AREA DISTURBED: 1320 sq.ft. 8. 'PROJECT SUMMARY: ver. 1320 sq.ft. A Environmental setting/Project proposal The applicant's property is located in Beaufort County at Pamlico Beach Subdivision on SR 1730 adjacent the north side of the Pamlico River. A previous CAMA Major Development Permit 0 55-84) was issued to the applicant for a bulkhead, which was constructed and backfilled. However, due to storm damage, the bulkhead has failed and the shoreline has eroded. The property now has a scalloped shoreline behind the existing damaged bulkhead which is vegetated with lawn grasses, Spartina patens and pine trees on a sandy loam soil. As the lawn is approximately 4' above NWL, I do not consider the Spartinapatens to be impacted by irregular or regular flooding. The applicant proposes to replace the deteriorated 165' bulkhead at its existing alignment. The applicant will remove the old bulkhead and construct the new one with a pressure pump using salt -treated timbers. The scalloped area behind the bulkhead is a maximum of 20' to NWL, with the average distance being 81. The water depth of these eroded areas is approximately minus 11. Environmental impact This project will result in the filling of approximately 1320 sq.ft. of river bottom, requiring approximately 195 cubic yards of fill, with approximately 48 cubic yards being placed below NWL. Recommendation & Conditions: I conclude this application is consistent with Specific Use Standards O7H.0208 (b)(7)(D)(i-v) and would accomplish the spirit and intent of the regulations. Therefore I recommend issuance of the requested permit. LuAnn Bryan-Warmack - Washington Office - 10 March 1989 Y I O r�p 5 Mpg ��� ��°�'• • eptS OYE se`ea°'`em a44.��cac'°n C �p'l 'Sr's erc pc�` P 5�P-(E ��a'e� • ECG oca�a4^U 29 a"o� `io0s`s2 " la�eal iUS$•xs Poc°ti��99 P G• non. �avi� etsao n� r GpOS�o �e� oSfiU as`e ct • OS P . ' at6e �e�s lea 0 N Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 Applicant n a. Name lw S• l .�� Address City WQ -,h State N- C Zip:'17 R Y Day phone .5-77.5 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. 2 Location of Proposed Project If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? , c. Will the project be for community, private, or commercial use? r \,) ail-c-, d. Describe the planned use of the project. t)u1h1,.C-ccrj. Ir,-k- --('-T C 5t`r\nIe_ - ,nrr,,k,, -- r-1e_y\c� .i 4 Land and Water Characteristics a. Size of entire tract 1&a X LI Oc ` b. Size of individual lot(s) N� a- c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract 5c�e1v I �a r,n e. Vegetation on tract �-R1 p. 4 r e N s t •5 h r r\b5 a. Street address or secondary road number _h f. Man-made features now on tract b. City, town, community, or landmark g. What is the CAMA Land Use Plan Classification of u. , I rc r, 1� e ce , k the site? (Consult the local land use plan.) , c. County 3)rt a , ,, rD Conservation Transitional d. Is proposed work within city limits or planning Developed Community jurisdiction? Nc•; _Rural Other e. Name of body of water nearest project h. How is the tract zoned by local government? Yn ma r n —0, ,A! P,f- 3 Description and Planned Use of Proposed Project a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). �1 ,1 k b c� i. How are adjacent waters classified? j. Hasa professional archaeological survey been carried out for the tract? N n If so, by whom? 5 Upland Development Complete this section if the project includes any land development. - a. Type and number of buildings, facilities, or stmcturesproposed nl / A b. Number of lots or parcels NiIA c. Density (Give the number oresidential units and the units per acre.) I ? i A in. Water supply source n, ))� n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accesswaysp r provide new access. L �A d. Size of area to be graded or disturbed 0. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? )V/k f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. N i iV h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? /• i. Describe proposed sewage disposal and/or waste water treatment facilities.t l�iit f j. Have these facilities received state or local approval? iV 14 k. Describe existing treatment facilities. 6�/ /Z 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). % i !k If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? 6 Excavation And Fill Information a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access CLI (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 b. Amount of material to be excavated from below water level in cubic yards /V / A- c. Type of material _�/ /8- d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards AIA f. Dimensions of spoil disposal area /V n' / g. Location of spoil disposal area / )9- h. Do you claim title to the disposal area? 111 !,n If not, attach a letter granting permission from the owner. i. Willa disposal area be available for future maintenance? 1�,� Ni If so, where? 4 j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? 1. Amount of fill in cubic yards nl in. Type of fill material n. Source of fill material o, Will fill material be placed on marsh or other wetlands? 1? / i p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site and erosion controlled? r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? !V! s. Will wetlands be crossed in transporting equipment to project site? _ If yes, explain steps that will be taken to lessen environmental impacts. n� � a- 7 Shoreline Stabilization a. Length of bulkhead or riprap / to rJ / b. Average distance waterward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in d.-Type of bulkheadmaterialSn/-h firea-ted --,'n ber e. Amount of fill, in cubic yards, to be placed below mean high water_ -d 49 f. Type of fill material S n %�a�hP.r r•r`n t.t ��� J 8 Additional Information In addition to the completed application form, the follow-' ing 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 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. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink -on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 710203 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 applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel 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 ad- jacent waterfront (riparian) landowners. These in- dividuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Manage- ment and should be advised by the applicant of that op- portunity. Name jc>iNr-, V%. Sf�i�Fl Address J�_,,/ 5 6 Ay. 0 Q7e29 Name H o o C7 2o-Ft E r Address ��•c /; ' ih Pn h C. Name l b 6 r Address 'R f 1 ' 770 hC:GG vJiv�iiV A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 5—qLA CArMA, KVI A check for $100 made payable to the Department of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9. Certification and Permission to Enter on Land Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project. N This is the ` 1 day of C jO n ,-v, 19 q Landowner or Autho ed agent M OD f'Z,E snn rr�! +4.5 4.& i5)nsT Si-r 7J� CF�oennaL wQ'rEst Lia) +3.G I r3A�K� Ll_. I ' i I I I I N ��TER t�iLCK FiLLc'+7 I Ex+sr PvLK{-J�iu.� W, o1,, CM,W7 0'o C'M•N•WJ �'z� Grv-3 rl �,, /♦/ ' N' h ♦ 1 E_-o--o.� ' c� I /0�4 CO —i CI ®� ortt W q v NNN vl `-n o • •1 I � �n `1, •. 1'0 R O• N 1-4 l North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary 8 Decennber 1983 Mr. Kenneth D. Stewart, Director Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Stewart: The attached copy of an application submitted by: Polly S. Cox )plicant's Name ICE OF COASTAL MANAGEMENT Kenneth D. Stewart � Director Teleph ne 919/7332293 RECEIVED Pamlico Beach Beaufort County )cation of Project County XX 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) ... ... 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 22 December 1983 Sincerely, I \� n R. Parker, Jr. Permit Coordinator JRP:bli:2480 P. O. Box 27687 Raleioh. N. C. 27611 7687 xx (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) CANA 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. CCMITIONS ON SEPARATE SHEET (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). signed f�k -$ ate Polly S. Cox Beaufort County CONDITIONS: (1) All'backfill material will be obtained from a highgmund source and confined behind the pematted bulkhead. (2) All fill material to be placed below normal behind the pewater level will be confined rntitted bulkhead. (3) No marsh grass will be excavated or filled. • OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Polly S. Cox 2. Location of project site Beaufort county, pamlico Beach near end of SR 1730, Pamlico River, photo number 59-755-M20-M21 3. Investigation type: Dredge & Fill" XX ' CAMA XX 4. Investigative procedure: (A) Dates of site visit 12-1-83 (B) Was applicant present No 5. Processing procedure: Application received 12-7-83 Office Washington 6. Site description: (A) Local Land Use Plan Beaufort County Land classification from LUP " Conservation Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline XX Coastal wetlands Public trust waters Estuarine waters M Other (C) Water dependent: Yes No XX. Other (D) Intended use: Public Private XX Commercial (E) Type of waste water treatment: Existing ' Septic tank Planned None (F) Type of structures: Existing. Single family dwelling and one trailer Planned None (G) Estimated annual rate of erosion Source 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None N/A N/A (B) Non -vegetated wetlands: (C) Other: Open water area None + 540 sq.ft. (D) Total area disturbed: _ + 540 sq.ft. 8. Project summary The applicant is proposing to construct a 180' long bulkhead which will average 3' beyond the NWL. Also to be constructed is a 58' long breakwater which will have a 2' opening every 10'. Environmental settin The applicant owns a 150' wide by 400' long lot at Pamlico Beach on the Pamlico River. One single family dwelling and one camper trailer are located on the property; bath are served by a septic tank sewage disposal system. The lot is wooded and is vegetated mostly with pines. Severe erosion is occurring on the property which is evident by a severe erosion scarp and several fallen trees. No wetland vegetation is present at the project site. Project proposal The applicant is proposing to bulkhead his property to retard ongoing erosion and to reclaim land recently lost to erosion. The bulkhead will be 180' long, will average 3' beyond the NWL and will be + 4' at the furthest point. When completed, the bulkhead will be backfilled with materials from an upland source. Also proposed is the construction of a 58' long breakwater which will connect to the eastern end of the proposed bulkhead. The structure will have a 2' opening every 10' to provide water circulation. Also a 10' opening will be left between the end of the breakwater and the bulkhead which is located in front of the adjacent property owners lot. The area is to be used as a safe mooring for a small skiff. Environmental impact The project as proposed should have a minimal environmental impact. No wetland vegetation will be excavated or filled. + 540 sq.ft. of open water area landward of the bulkhead will be filled. David L. Gossett - Washington Office - 8 December 1983 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 14&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. Applicant Information A. Name B. Address Street, P.,O. Box or Route City or Town State IL Location of Proposr Project: A. County ,6eii/J f or% B. 1. City, town, community or landmark Zip Code 2. Is proposed work within city limits? YesNo w , n C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 111. Description of Project A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill,,yy/ 1. Access channel �/f'� length width depth €1 2. Boat basin > _/'0length width depth 3. Fill area /'rf%�sssvvvlength width depth 4. Other IFj �✓17Trlength SBA width depth /f//A 1( 2_',0reak •{'0 6e- C. 1. Bulkhead length __1Average distance waterward of MHW (shoreline) -3 /ems e✓rr.� /o' 2. Type of bulkhead construction (material) - S417' Tregje Pl Xc, ,6e r D. Excavated material (total for project) 1. Cubic yards /y/ 9 2. Type of material ylg E. Fill material to be placed below MHW (see also VI. A) 1.' Cubic yards 4f, V 4eQ —2. Type of material `Sf' a' C 1'9,e le""" IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes No '." C. Disposal Area 1. Location 'VIA 2. Do you claim title to disposal area!_(✓lA D. Fill material source if I ill is to be trruked in E. How will excavated material be entrapped and erosion controlled?. A r 1ia— 4& I__.1 • _f L- w],_-._1 •T. .r I _ _ . ,'YJ n.«•T.,- _ C -I--a- _.___ _I i, ') i,..n/.. I . 'I ype of equipment to be used /ynyma I M1 N k " r— i'oa)IrAci rnzt r_o w �mv_.� /. G. Will marshland he trussed in transporting equipment to project site? If yes, explain ND D& F-B 1 V. Intended Use of Project Area (Describe) A. 1. Private J — F,41.7 z 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) / -SO " X YO a' 2. Elevation of lot(s) above mean high water 3. Soil type and texture Sro i P F S.t 4. Type of building facilities or structures / /tons ea -,r/ 5. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe s . P I ' e_ TA.k 6. Land Classification (circleone) DEVELOPED TRANSITIONAL COMMUNITY' RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No 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 2. Type of discharge 3. Location of discharge A//A VI 1. Present rate of shoreline erosion (if known): s� VII I. Lost permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area; if applicable: IX. Length of time required to complete project: r". 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 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 8Y2 X 11" white paper (see instruction boc-klet 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 %lod, ir7 a- 716a, /3 — /�83 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. , Such in which to OY agencies listed below. 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. DATE Applicant's Signature D&F•82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10/78 04 r ��RK�pre Ic I O '£ 3a-.L ars � a.oys -y .� i• . '�aday�l n t I - ' Fi /( t A,o M H W i-J.D I.O Tys,ca L X'sccl•oa� �1 ���KArM�° Scaf� -