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HomeMy WebLinkAbout162-87 Cozart, EdwardPermit Class Permit Number New STATE OF NORTH CAROLINA 162-87 Department of Natural Res?ii-6 s nd Community Development CoagfalK eSOo 'scion } C" ' n for- AUG 17 1987 r � ,— orlD MajoevFlopmentin. f +ironmental ------------ ❑X Excavation' and lot .f gptiisuant to NCGS l 13.229 issued to Edward H. Cozart, Jr., Route 1, Box 365, Bailey, NC 27807 authorizing development in Beaufort Counryat the Pamlico River (man-made canal off of) Island View Shores as requested in the permittee's application dated 6/ 12/87 including attached plats 4 location no dates; plan view and cross section -basin dated 5/10/87- and, cross section-b khP�d dated 5/11/87. This permit, issued on / S i , 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 penmittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect juvenile shellfish and fin fish populations, no dredging will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. (2) The bulkhead will be positioned in strict accordance with the permit plans. It will not be aligned farther waterward than an average of 1 foot from the normal water elevation contour. (3) All excavated materials will be confined landward of the normal water level elevation contour of the permitted bulkhead. (4) Excavation will not exceed 4 feet below the elevation of normal water. (5) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (6) The activity will be conducted in such a manner as to prevent a significant See attached sheet for Additi This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1990 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Edward J. Cozart, Jr. Permit #162-87 Page 2 of 2 ADDITIONAL CONDITIONS increase 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 terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted structure without having it transferred to a third party. . NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. w SaV[v� r 3nq LJUN 3 0 1 �981? 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 26 June 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: Edward J. Cozart Jr. Applicant's Browns Gut, Pamlico River Beaufort County Location of Project County David W. Owens Director X for a State permit to p 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. SA'ncceerely, C V'�o �J �- Charles S. Ji of Field Services Section CSJ:ap:3566 P.O. Box 27687, Rakigh, North Carolina 27611-7687 Tekphone 919-733-2293 An Equal Opportunity Affirmative Action Employer X (A) lhis agency has no objection to the project as proposed. (NO CONDITIONS) (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; and riparian owns; (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 velfare; 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 DI-4 or provide general comments. 8r&.0 ,a � • M60,Z igna ure Date OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Edward J. Cozart Jr. 2. Location of project site Beaufort County; manmade canal off of Pamlico River Pinecrest; photo # 12-15=S4T4"J$2_T 3. Investigation type: Dredge 6 Fill- X CAM& X 4. Investigative procedure: (A) Dates of site visit 6-10-87 (B) Was applicant preserit"�o 5. Processing procedure: Application received 6-15-87' Office Washington 6. Site description: (A) Local Land Use Plan ' Beaufort County Land classification from LUP Coriservatiori Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters Estuarine waters— Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private X Commercial (E) Type of waste :water treatment: Existing Septic tank Planned None (F) Type of structures: Existing. Deteriorated boathouse Planned New boathouse," bulkhead (G) Estimated annual rate of erosion + 1' Source DCM staff observation 7. Habitat description: (A) Vegetated wetlands: $p arti nd ap tens Distichlis spicata Soartina cvnosuroides (B) Non -vegetated wetlands: (C) Other: Open water area + 4,800 sq.ft. ± 400 sq.ft. (D) Total area disturbed: + 4,800 sq.ft. + 400 sq.ft. 8. Project summery The applicant is proposing to conduct excavation within an existing manmade basin and build a new boathouse and bulkhead. Environmental settin The applicant owns an irregular shaped lot adjacent to the Pamlico River and Browns Gut in Beaufort County. Browns Gut, the project site, appears to have been historically excavated, giving it the appearance of a manmade basin. On the north side of the basin are extensive marsh areas (not on the applicant's property). On the south side of the basin (the applicant's property), the area has been historically filled and is vegetated with mostly upland grasses, however there is a sparse fringe of mixed marsh (S a—rtina cnosur�oides, Spartina patens, Distichlis s�, growing atop relic spoil piles, ilfhis marsh has recently een i e by the applicant with a herbicide. Located within the gut is an old deteriorated boathouse. The water depths within the gut in the vicinity of the boathouse average + 1.0' to + 2.0' below NWL. Project proposal The applicant is proposing the following: (1) To remove the existing boathouse and replace it with a new 30' x 26' open - sided boathouse. (2) Excavate an area in the vicinity of the new boathouse. The excavated area is + 120' by + 40' and to a depth of -4' at normal water. All spoils are to be placed landward of the proposed bulkhead (see no. 3). (3) The construction of 109' of bulkhead. The bulkhead will be placed an average of + 1' beyond the NWL. Environmental impact The project as proposed should have a minimal environmental impact. + 400 sq.ft. of mixed marsh will be filled when spoils from the basin are placed Tandward of the proposed bulkhead. As previously stated, this marsh is sparse and is growing atop relic spoil piles. David L. Gossett - Washington Office - 26 June 1987 APPLICATION FOR &5� � PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICAT ION 7 EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. I. Applicant Information A. Name Cozart Edward J. Jr. Last First Middle B. Address Rt. 1 Box 365 - Street, P. O. Box or Route 235-2197 day Bailey, N.C. 27807 235-3247 night City or Town State Zip Code Phone 11. Location of Propge&P?e(;''t A. County b B. 1. City, town, community or landmark Island View Shores 2. Is proposed work within city limits? Yes _ No x C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Pamlico River 'I\I. Description of Project ! A. 1. Maintenance of existing project yes 2. New work B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin clean out length 1201 width 40 1depth —41 from sllrfaae of H20- .3. 1 ill area length 901 width 451 depth 1 •51 deepest —note xseC. 4. Other length width depth C. I. Bulkhead length 109 1 Average distance waterward of MHW (shoreline) 1 foot. 2. fype of bulkhead construction (material) treated wood D. Excavated material (total for project) 1. Cubic yards 335 — 2. Type of material silt & sand L. I- ill material to be placed below MHW (see also VI. A) 1. Cubic yards none 2 Type of material none IV. Land Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No x B. Does the disposal area include any marshland, swamps or other wetland? Yes No y C. Disposal Area 1. Location adjnrrPnt to rl Pan out site. (note attached sk h) 2. Do you claim title to disposal area? In n. art-- (no a ; attached d letter of permssion D. I ill material source if till is to be trucked in from Mr.W. C. Webb) L. Iiuw will excavated material be entrapped and erosion controlled? Back of Bulkhead and stabi 3.zed with vegetation following an appropriate drying period % I . I Ypc of equipment to be used Dragline J G. Will marshland be crossed in transporting equipment to project site? If yes, explain o. _ V. • Intended Use of Project Area (Describe) A. 1. Private— Yes 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) As described on attached d ppr1 -- R5.84 p44 6Z 2. Elevation of lot(s) above mean high water ranges +. % I to 4.81 3. Soil type and texture silt to sandy 4. Type of building facilities or structures Old boat to be removed and hauled to land fill. Propose to reconstruct boat house 301 x 261. 5. Sewage disposal and/or waste water treatment A. Existing X Planned B. Describe 6. *Land Classification'(circle one)( DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVAT ON 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 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 NIA VIL Present rate of shoreline erosion (if known): slights mainly from prop backwash. VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: Norte r IX. Length of time required to complete project: 1 month `. 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 8Y5 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. Mr. Cecil Webb- .1, trreen- Dr. James F. Bowman- Rt. 1 Box 102; Greenville NC 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. XII. 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 d I- opment activities, including construction, excavation, filling, and land clearing. DATE Appl F ant s S Yature D&F•82 ..... SEF RFVFRCF C1rtF Fr12 Mau lwlr_ w,C,r . May 13, 1987 ti j NARRATIVE Edward J. Cozart Project Beaufort County (Island View Shores) The proposal is to disassemble and remove the old Boat House structure as it currently exists. Material from this old structure will be hauled to the land fill by truck and discarded. After all wood and metal have been removed from the site, a dragline will be positioned on the south side of the boat basin to excavate the erroded material from the basin for approximately 40 to 45 feet from the existing bank. The spoil will be placed on the back side of the fill area whereby material will not wash into the water. After the completion of the basin excavation, a bulkhead will be constructed with treated wood. The bulkhead is designed to be constructed two (2) feet above mean high water and will be supported by tie -backs and deadman anchors. After the completion of the bulkhead, anew boat house is planned to replace the old one. The new structure will be 30 feet wide by 26 feet in depth; it will be attached to the bulkhead and will be supported by treated piling, covered by a metal roof, and will have half sides for protection from wind and rain. The back of the boat house will remain open for boat access and storage. The spoil will be graded, following a sufficient drying period, over the entire spoil area as shown on Attachment "A". The deepest section will be adjacent to the bulkhead, little less than two feet - note Attachment "C". The site will then be prepared for grassing. The entire project will require approximately one month with the exception of grassing which may require additional drying time. Thank4J.ozar Edwar GGa I rd-- ' dis, even Gaylord Bay East Pt xe ,9 "10 fins X9 Burbage Crossroads pur; X6 .... � ../. 7 pi-diecif INC Crest xa Yyf Or James F. Bowman O I E. Ca Orl S564 P446 I1 End of N. C. S. R. /736 D. 0, T Easement - /s/and View SAo/es Dr. \\ ramp (Reseraed Drool AgEA T \ E ��CA✓ATEO/ \\ �w�Dd Troi/er' I w. C. Webb B67B p4% Pom/ico River E ✓ COZART PROJECT BATH TWS. — BEAUFORT CQ NC Mop Showing Area to be excavated B fi/tad with proposed new bu/kheod c9 proposed rep/ocement boat she/ter. sro/e / "= 40, E. J. Cavort B564 P446 "Coxart Cotfage"I , T. Given Lot 45 6% M z. C. c 0 45' 11 Area 26.0' Boat Shed water level Existing Bottom 11 1 4.0' E. J. Cozart Project cross Section of Boat Basin and Fill Brea. No Scale - 6raphic 5/10/07 0y cliff Brewe 11 Area Mean High Water ----------------------------- ----------------------------- --------•-------------------- ------------ ---------------- -------------------------------------------------------- - Configeration of Bulkhead Layout Post will be set 5 to 6 feet deep.. Attachment "C' ---- Bulkhead is double facing I " by e' treated, lapped to pre- uenl seepage and erosion. Post are 4 by 41n. treated DownEast Land Surveys Cliff Brown 5\1 1 \e7 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWCO 46 7 - p - Applicant , Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Ms. Beverly Etheridge, Chief Wetlands Section -Region IV Marine and Estuarine Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Friddell Fish and Wildlife Service Endangered Species 100 Otis Street, Room 224 Asheville, North Carolina Gentlemen: J U L 06 11981 ------ r--------------- 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. Charles Jones Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 769 Morehead City, North Carolina 28557 Pursuant to SAWC080-N-000-0291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed Yo r comments and/or recommendations would be appreciated on or before 3 Questions or comments may be addressed to Regulatory Branch, telephone (919) 343?/ 52. ��- Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 1890 July 17, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-007-0450 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 Dear Mr. Parker: Flormsell 1191101 11 ffim Reference the application of Mr. Edward J. Cozart, Jr., for a Department of the Army permit to excavate a basin, construct and backfill a bulkhead and construct an open -sided boathouse off the Pamlico River, Pinecrest, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead will be positioned in strict accordance with the permit plans. it will not be aligned farther waterward that an average of 1 foot from the normal water elevation contour. b. All excavated materials will be confined landward of the normal water level elevation contour or the permitted bulkhead. c. Excavation will not exceed 4 feet below the elevation of normal water. d. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. e. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this -2— permit. The permittee is not relieved of this requirement if he abandons the permitted structure without having it transferred to a third party. f. 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. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Mr. Ken Jolly, telephone (919) 343-4632. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: 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 Mr. Charles Jones ,Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina .27611-5039 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516