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HomeMy WebLinkAbout95-79 Cratch, DurwoodState of North Carolina Department of Natural Resources and Community Development A FEDERAL PERMIT IS REQUIRED CONTACT U. S. ARMY CORPS OF ENGINEERS, P. 0. BOX 1890 WILMINGTON, N. C. 29401 Isstk•d to: PERMIT TO EXCAVATL ANO/OR FIL L (Re: N.C. G.S. 113.229) Mr. Durwood Cratch Route 3, Box 122, Washington, NC 27889 Permit No.95=79 Permit Class New This permit authorizes excavation and/or tilling in _—____'Beaufort County, N.C. at Pamlic6 River (adjacent to SR 1004 on Hickory Point) ------.-----...-_-___-- as requested in the permittee's application dated rec. 6/5/79; incl. attached plat, no date _ subject to the conditions set forth below. W t (1) That all backfill material be obtained from a highland source and ,i `• confined behind the permitted bulkhead. 0-4 F. U (2) That the bulkhead must not exceed 10' beyond the NWL at any point.. > � along its alignment. W o (3) That the activity be conducted in such a manner as to prevent sign cant increases in turbidity outside the area of construction or con- struction -related discharge (increases of 25 JTU's or less are not considered significant). NOTE: The permittee is urged to contact the Office of Coastal Management in Washington at 946-6481 prior to bulkhead construction. NOTE: An Easement to Fill is required by the Department of Administration before initiating this project. IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN CONFLICT WITH tHE CONDITIONS) ARE NOT FOLLOWED PRE- CISELY, THE PERMFI TEE 1S SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID- ED IN G.S. 113-229 (K) AND (L). This permit may Ir objected to by the permittee within twenty (20) days of the date of issuance. Failure to submit such objection shall be interpreted as an agreement of compli:mce with all permit conditions. This permit must be displayed along with a copy of the application and the project plat in the cab (or pilot- house) of the equipment working on the project, or be easily accessible, on site, to Department personnel when the project isinspected. Any maintenance work or project modification requires further Departmental approval. Subject to permit renewal, all work must cease when the permit terminates. This Ivimit terminates on December 31, 1981 Issuing l)atr.— July 26, 1979 Form D&F Revised 7/77 Signe/d� by the authority of the Secretary Neil S. Grigg Assistant Secretary for Resource Management North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary I U' alzz� v P"s "`l Mr. Doug Nelson Estuarine Management Section Box 768 Morehead City, NC 28557 Dear Mr. Nelson: The attached copy of an application submitted by: Durwood Cratch Applicant's Name Hickory Point Beaufort Location of Project County g for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CARA 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 28 June 1979 Sincerely, CAMA-EXII�T I IL 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. L. That all backf ill material be obtained from a highland source and confined behind the permitted )ulkhead. 2. This Department must be notified prior to construction so that the bulkhead alignment oay be staked. 3. That the bulkhead must not exceed 10' beyond the NWL at any point along its alignment. (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). date Div, of Marine Fisheries P.O. Box 769 Morehead City, N.C. 28557 14 June 1979 Memorandum To: John Parker From: David L. Gossett Subject: Application for State Permit Durwood Cratch Location - Beaufort County - Adjacent to SR 1004, on Hickory Point, near Aurora on Pamlico River. Investigative process - Onsite visit 4/19/79; application received Washington Office 6/5,79. Environmental setting - The applicant owns a 50' wide by 100' long lot adjacent to the Pamlico River. The elevation of the lot above the MHW mark is approximately 4'. Located on the property is a single family dwelling which has an existing septic tank sewage disposal system. The applicant's shoreline presentlycontains riprap material, however, highwater has overwashed the material and eroded the shoreline landward of the riprap. The Shoreline Erosion Inventory published by USDA-SCS states that the area of Pamlico River where the proposed project is located has an annual erosion rate of 1.73' per year. There is no wetland vegetation present at the project site. Highground vegetation consists of a grassed lawn and pines. Project proposal - The applicant is proposing to bulkhead his shoreline. The bulkhead will be 50' long, will average 5' beyond the NWL and will be 10' at the furthest point. The proposed bulkhead will connect to an existing bulkhead at the eastern property line. The confined area will be backfilled with material from an upland source. Environmental impact - If the project is conducted as proposed, + 250 sq.ft. of - area beyond the NWL will be filled. The proposed project should have a minimal impact upon the environment. No wetland vegetation will be excavated or filled-. review - The proposed project is exempt from CAMA regulations. David L. Gossett APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143.215.3(a)(1), 143.21S.3(c), 113A-118 (33 CFR 209.320-3291 Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. - J1l1! s saY I. Applicant Information A. Name B. Address Last Street, P. O. Box or WASHI City or Town State 11. Location of Proposed Project: A. County BEAUFORT B. 1. City, town, community or landmark HICKORY POTIim 2. Is proposed work within city limits? Yes _No X Middle C. Creek, river, sound or bay upon which project is located or nearest named body of water to project PAMLICO RIVER 111. Description of Project rhone A. 1. Maintenance of existing project 2. New work - BULKHEAD ANT) FTT.T. B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length 5 0 t width 51 depth '-4 r 4. Other length width depth C. 1. Bulkhead length 501 Average distance waterward of MHW (shoreline) 5' 2. Type of bulkhead construction (material) TREATED TIMBER D. Excavated material (total for project) 1. Cubic yards 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 1 n r Y 2. Type of material UPLAND FILL ( SANDY LOAM) IV. Land Type, Disposal Area, and Construction Equipment: A. Does 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 X C. Disposal Area 1. Location NA 2. Do you claim We to disposal D. Fill material source if fill is to be trucked in TEXAS GULF SULFUR E. How will excavated material be entrapped and erosion controlled? NA F. Type of equipment to be used RACK HOE G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO Da F-e1 Rev. 10/78 V_ Intended Use of Project Area (Describe) A. 1. Private C� ^r ^"^ 1'1)7 rr 2. Commercial 1',, 3. Housing Development or Industrial 4. Other ;'A B. 1. Lot size(s) 50 1 x 10 0' 2- Elevation of lot(s) above mean high water `+ 3. Soil type and texture BLADE'l— RAVn,Oa-)— nrinTcrr)NI TT 4. Type of building facilities or structures. ST;,rj,,—rA, 4TT V T •T'T T T'Tc TT1*T- 5. Sewage disposal and/or waste water treatment A. Existing y Planned B. Describe an 6. Land Classification (circle one) 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 X 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 VIL Present rate of shoreline erosion (if known): 0:1E F 3 r)^ nT q V ^ L 0 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: U'` 1 IX. Length of time required to complete project: 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 8% X I I" 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. XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas approved coastal management program arn; 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 devel- opment activities, including construction, excavation, filling, and land clearing. DATE / Apply int's Signature D&F-e2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10/78 lwg Pant HiaYery P I poi I(,,-, 1, gooSE y /-+Rcq �n15T�N� e,o�KC��L To Qc a�GP�J 3L,o100 FA-ML-ICM�IV�(� NMFS SERO FIELD INVESTIGATION REPORT I. Investigation Type: Section 10 % 404 X A. Public Notice No-%WCO 79-N-007-000285Da`e7/26/79 Agency Corps of Engineers Date Received 7/27/79 Extension To B. Pre Application Activity Date Agency, C. Post Application Activity II. Applicant's Name & Address: Xurwood III. Water Body & Location of Work (City, County, State): Pamlico River at Hickory Point, Beaufort County, N.C. IV. Purpose of Work (Describe, e.g., water control, hurricane protection, etc.): Regain land lost to erosion and stabilize the shoreline against further losses A. Water Dependent: _Yes No Both B. Intended Use: Public X Private Both V. Description of Project (Append schematic of plans): The applicant plans to construct a 50' long bulkhead which will average + 5' beyond the NWL and will be + 10' at the furthest point A. Fill or Spoil Area: 1. Dimensions: Irregular shaped 2. Total Area: ± 250 sq.ft. (Wetland) (Non -Wetland) a. Area Vegetated Wetlands: (Submergent) (Emergent) None b. Area non -vegetated wetlands: (Submergent) (Emergent) 2 3. Method(s) to retain materials: Bulkhead 4. Method(s) to prevent erosion: Bulkhead 5. Intended use of fill area; Lawn B. Dredge or Borrow Area: N/A 1. Dimensions (Length, width, depth): 2. Total Area: lWetland) (Non —wetland) a. Area Vegetated Wetlands: (Submergent) (Emergent) 3. Quantity of materials to be excavated (cu. yds.) Polluted: Yes No Unknown Pollutants (Apparent Source) 4. Rinds of materials to be excavated (e.g. silt): 5. Intended use of excavated ar 6. Methods of excavation: 7. Will borrow area be backfilled: Yes No If yes, with what type material and where will it be obtained? C. Description of property adjacent to project site and in area of project influence (e.g., residential, industrial, etc., and extent of development): Located on adjacent property are single family dwellings, also the adjacent property has been bulkheaded. Numerous piers extend into the river along the shoreline 3 D. Project Operation (if applicable): Habitat Description of Project Site and/or Area of Project Influence (Append Map and Annotated Photos): A. Vegetated Wetlands 1. Predominant Emergent Species None 2. Predominant Submerged Species None B. Non -Vegetated Wetlands Open water behind bulkhead Area 1 Dredged Filled Other2 + 250 sq.ft. iource of data (i.e., planime ter, estimate, etc.) >efine (e.g. vegetation to be affected by impoundment or water Level manipulation) C. 4Fish and sne,ilfish resources (list predominant species and identify their primary use of area, e.g., designation of primary nursery by a.state): The project site is not considered a primary nursery area by the Division of Marine Fisheries - a Source of information (i.e., personal observation, literature, etc.): >. N.C. Divisfon of Marine Fisheries 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): None 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.): The proposed project should have little impact on marine fishery resources I. Potential direct and indirect effect of environmental alteration on fishery resources and/or their use (Brief Summary): I VIII. Project alnrnatives that could prevent or reduce impact on fishery r esour ces: A. Held in abeyance (summarize reasons, e.g., not enough information in Public Notice or pending EIS): B. Yndifications 1. Design (summarize, e.g., reduced length,width, depth; select different spoil disposal sites, etc.): 2. Operation (summarize, e.g., maximize tidal flushing, water levels, monitoring, etc.): , 3. Location (e.g.,.plternative site): (1) Since the shoreline already is lined with riprap, additional riprap could be placed on that already existing; therefore no additional open water area will be filled (2) The bulkhead could be placed at the NWL which would place it near the toe of the already present riprap 0 ft I%. Other Comments (i.e., project was discussed with applicant, etc.): State permits are presently being processed X. Field Reconnaissance Data: A. Investigator(s) Name Agency David L. Gossett Office of Coastal Management B. Date of Investigation 4/19179 time A.M. i i i 1 PA6pasE7 P �c,�hf=ffCfl� 477,4 - a-L� 9, -/0 -?y DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402 SAWC079-N-007-000285 1 G ay®c 26 duly 1v PUBLIC NOTICE MR. DURWOOD CRATCH Route 3, Box 122, Washington, North Carolina, has made application for a Department of the - NSTRUCT AND BACKFILL A BULKHEAD ON THE PAMLICO RIVER AT HICKORY POINT, Beaufort County, North Carolina. The following description of the proposed work is taken from data submitted by the applicant and from onsite inspection by a representative of the Corps of Engineers. Plans submitted with the application show the construction of a treated -wood bulkhead across the applicant's 50-foot wide waterfront lot. The proposed bulkhead is to be aligned a maximum of 10 feet beyond the normal water level and backfilled with approximately 10 cubic yards of upland material. The shoreline in this area has been previously riprapped; however, erosion has continued during periods of high water to the point that the shoreline exhibits an exposed clay bank 4 to 6 feet high with riprap strewn along the shallow nearshore waters. The proposed bulkhead is to be aligned waterward of existing riprap and incorporate no wetland vegetation. The purpose of this work is to regain land lost to erosion and stabilize the shoreline against further losses. 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 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified 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 therein, and this workshite 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 onsite observations, 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, historip 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 Mr. Steve Brown or telephone (919) 343-4632 until 4:45 p.m., 20 August 1979. A. A. kOPC!#C Major, Corps of Engineers Deputy District Engineer received in this office, ATTN: Iscl, R 1�1— —, lo+n&q 70 PPvrAwcc)1-�,l po, o° 06Naw Sheet ( o� i DEPARTMENT OF'THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P, O. BOX 1890 WILMINGTON. NORTH CAROLINA 2802 IN REPLY REFER TO SAW0079-N-007-000285 Mr. Cratch Route 3, x 222 Washington, 27889 Dear Vx. Cratch: RECEIVED SEP 28 1919 CI'+. MJ�R, FISH. DREDGE & FILL MGT. September 1979 In accordance with the written of 1 Jul 979 and the ensuing administrative record, th is inclosed a permit to con- struct and backfill a bulkhead on a Pamlico Riv at Hickory Point, Beaufort County, 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 gust 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 condi- tions 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 cr 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 coin pliance with permit plans and conditions. SAW0079-N-007-000285 Mr. Durwood Cratch 26 September 1979 The inclosed Notice of Authorization, ING Form 4336, must be con- spicuously displayed at your wcrksite. 2 Incl 1. Permit 2. ENG Form 4336 BCF: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, VA 23510 rv., sW Sincerely yours, A. A. KOpCSAK LTC, Corps of Engineers Acting District Engineer Mr. R. D. Nelson NC Division of Marine`,Fisheries PO Box 769 \- Morehead City, NC 28557 q> i not it me activity authorizea norem is nut started on or oetore — �•-•• _day oT=f s.auu+ai tg ov (one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before st . day of. December , is 1980 (three years from the date of issuance of this Permit unless otherwise specified) this permit, it 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 it the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be U 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. ,z t-1 s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t" 0 I. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the O T 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 specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. If. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): 1., Prior to construction the bulkhead alignment will be staked by'a representative of the Corps of Engineers. 2. All backfill material will be obtained from a high ground source. 3. No filling can occur until the bulkhead is complete. Note: An easement to fill is required by the NC Department of Administration. 3 I UL&rw6d CjL (,rctiiC � P ' .6, P. AR�q To pAMWC°,�105F� IaREp, TJ 3`'Ft�%'ED SWEET 1 0t- I