HomeMy WebLinkAbout2-86 Crisp, OttisPermit Class
Npts
CRC Variance
Y , V l Permit Number
STATE OF NORTH CAROLINA 2-86
Department of Natural Community Development
Q,
C # aSl1 r ion
R
® Maj iT�e 1�" i nmentalLJA; 15 1g$6�
Con
toNCGS113-229
LJ
Issued to Ottis M. Crisp. Chocowinity. NC 27817
authorizing developments Beaufort Countyat Rodman Creek (Canal system adjoining)
off of SR 1116 as requested in the permittee's application dated 4/16/84 including
attached plats, 4, sheets 1-2 of 2 dated 2/16/84. cross section, and location map. no
dates. / 8" 66
This permit, issued on 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
pemtittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The ditch will be maintained to no more than the maximum dimensions of 75
feet in length, 7 feet in top width and 4 feet in depth.
(2) All excavated material will be trucked from the site and placed within a
high ground retention area.
(3) No wetland areas will be filled or excavated outside of the alignment indicated
on the work plat labeled sheet 1 of 2, dated 2/16/84.
NOTE: Issuance of this permit authorizes only the maintenance of the existing
ditch to Rodman Creek. Any further development, such as expansion of
the canal system, removal of plugs, installation of culverts or construc-
tion of piers and docks will require a modification of this permit.
This permit action may be appealed by the pernittee Signed by the authority of the Secretary of DNRCD and
or other qualified persons within twenty (20) days of the the Chairman of the Coastal Resources Commission.
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 C4't
personnel when the project is inspected for compliance.
Any mairttertanQ .v-Ln�=-9wjoou. t .madification DlK �✓. Owens Director
not covered hereunder requires further Departmental Divldon otConstal Management
approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 1989
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program. Signature of Permittee
- �C � f ��'��
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
5 November 1985
Mr. Ottis M. Crisp
Route 1
Chocowinity, North Carolina 27817
Subject: Proposed Access Road Through Wooded Swamp
Adjacent to Chocowinity Bay
Beaufort County
Dear Mr. Crisp:
David W. Owens
Director
Field Services
P.O. Box 1507
Washington, NC 27889
(919) 946-6481
This letter is in response to your letter to me dated 30 October 1985. It is my under-
standing that as a result of your recent permit denial by the Division of Coastal
Management to construct two roads, A -through a coastal wetlands marsh, and B-through a
wooded swamp, that you are now no longer going to pursue Road A, however, you would
like a determination if a permit is required from the Division of Coastal Management
for Road B only.
Since the wooded swamp area in which Road B crosses is not designated as an Area of
Environmental Concern by the Coastal Resources Commission, no permits will be required
from the Division of Coastal Management for you to conduct this activity. However, it
is my understanding that a permit will still be required from the Corps of Engineers.
You should contact Mr. Ken Jolly to discuss this matter with him.
If you have any questions do not hesitate to contact me.
Sincerely,
,/WC/ ✓/eL�
David L. Gossett
Environmental Consultant
cc: Keg, Jolly - U.S. Army corps of Engineers
frles Jones - Chief, Field Services Section, DCM
John Parker - Major Development Coordinator, DCM
P.O. Bar 276g7, Raleigh, North Carolina 27611-7697 Tdephone 919-733-2293
An Equal Opportunity AHir natmc Action Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.G. BOX 1890
WILMINGTON, NORTH CAROROLINA 28402-1890 �Q
November 29, 1984
m n.rL, ..r V
Regulatory Branch
SUBJECT: File No. SAWC084-N-007-0388
Mr. John Parker
Office of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
E� 6 Z
-/,.
7 ^ %-J 177
Reference the application of Mr. ttis M. Cris fo a
Department of the Army permit to widen and connect an existing
canal to Rodman Creek and the Pamlico River near Chocowinity in
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. All excavated material will be trucked from the site and
placed within a high ground retention area.
b. No wetland areas will be filled.
Questions or comments may be addressed to Mr. Steve Brown,
telephone (919) 343-4632.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Memorandum i✓r`
To: Charles Jones
From: David Gossett
Subj: Recommendation for ,Permit Denial -f
s C '
Pamlico River r"wry
Beaufort County
Date: 10 October 1984
As you. can see from the subject, this memois a recommendation by me to deny
the subject application. I request that you review this mono, and if you agree
with my conclusions, forward the recommendation -to John Parker.
As you are aware, Mr. Ottis Crisp is presently applying for both a Dredge and Fill
and CAM& Major Development Permit to enlarge an existing opening which connects .
a finger canal system which has,right angle corner's to the Pamlico River. The
proposal is to enlarge the existing + 3' wide by + 1' deep non -navigable opening
to a + 7' wide by + 4' deep NWL navigable opening. Mr. Crisp is not proposing the
project for the navigability, but so that there can be a quicker release of water
which accumulates in the canal during periods of heavy rains.
I have reviewed -Mr. Crisp's request for permits with the Office of Coastal
Management's development standards in 7H.0208. I feel that the proposal is incon-
sistent with .0208(b)(H) which states that "Construction of finger canal systems
will not be allowed. Canals shall be either straight or meandering with no right
angle corners."
There may also be some slight inconsistencies with .0208(b)(F) and .0208(b)(I).
.0208(b)(F) states that "Any canal or boat basin shall be•excavated no deeper than
the depth of the connecting channels." In this case, the proposed entrance channel
will be approximately the same depth as the connecting channel, however, tinter depth
in the existing canal greatly exceeds those of the connecting channel. .0208(b)(I)
states that "Canals shall be designed so as not to create:an erosion hazard to
adjoining property..." The proposal may increase the erosion potential on the adjacent
property.
Mr. Crisp's proposal while it is somewhat inconsistent with the above stated standards,
is not the exact type of project the regulations were designed to prohibit. However,
in this case, T_ feel that the permit must be denied; then Mr. Crisp should be given
the opportunity to request a variance from the Coastal Resources Commission.
If you have any questions do. not hesitate to -contact me.
OCM
Morehead City
October_8,'1984
MEMORANDUM TO John Parker
From Preston Pate
Subject Pending App.. tis M Crisp
Dave Gossett and_I have" discussed the Crisp project briefly with'.
regards to its consistency _with our regulation which prohibits
the construction of finger canal systems and requires that canals
either be straight or meandering with no right angle corners
(7H.02008(b)(1)(H). Mr. Crisp's request is similar to the one,
.made by Odell Williamson to open his finger canal systems in Ocean
Isle Beach although this canal system associated with the subject
project is of a much smaller -scale. The two projects are similar
in that each one had existing drainage outlet, but navigation ac-
cess to the interior canals was'•impossible. The same situation
also existed in the Bobby -Bell canal project in Carteret County
,which was recently permitted through the appeals process.
My preliminary analysis indicates that the permit should be de-
ned based on the aforementioned.regulation. Mr. Crisp could then
appear before the CRC and request a variance from that rule which
would allow him'to open the canals. -
CC David Gossett
I
Preston Pate
North Carolina Department of Natural
Resources &Community Development
.� �• James B. Hunt, Jr., Governor JaT A�Summers, Secretary
1 RECEIVED
25 September 1984
Mr. John R. Parker, Jr.
Permits Coordinator
Office of Coastal Management
Raleigh, NC 27611
Dear Mr. Parker:
27
0
The attached copy of an application submitted by:
Ott -is M. Cri:
Applicant's Name
Pamlico River
Location of Project
Beaufort County
OFFICE OF
COASTAL MANAGEMENT
David W. Owens
Director
Telephone 919 733-2293
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) ...
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 and Federal agencies having
interest and/or jurisdiction over the subject matter which might be
affected by the project.
The recommendation of this Section is covered on the reverse side;
attached; X will be forwarded later.
I5,iricerely,
Charles S. Jones, Chi f
Field Services Section
CSJ:kh:1526
P O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer
(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.
(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
q - ,A ,5
date
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Ottis M. Crisp
2. Location of project site Beaufort County. dirt lane off of SR 1116, on Pamlico River
3. Investigation type: Dredge S Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 9-24-84
(B) Was applicant present No
5. Processing procedure: Application received 9-19-84 Office Washington
6. Site description:. (A) Local Land Use Plan B
Land classification fro
Development constraints
(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 waste water treatment: Existing Two
septic tanks on subdivided lots______
Planned Possibly two septic tanks on unsold
lots
(F)
Type of structures: Existing Two mobile homey
Planned Two lots vacant
(G)
Estimated annual rate of erosion N/A
Source N/A
7. Habitat description:
AREA
(A)
Vegetated wetlands: Dredged
Filled Other
Golden Rod
Smart Weed
Carex + 525 sq.ft.
None
Pickerel Weed
(B)
Non -vegetated wetlands:
(C)
Other:
(D)
Total area disturbed: + 525 sq.ft.
None
8. Project summary The applicant is proposing to widen an existing ditch which connects
a
canal system to the Pamlico River.
Environmental settin
The applicant owns a 39.5 acre tract of land on the Pamlico River at the mouth
of Rodman Creek. Located on the property is a canal system which is separated
from other canals to the east by road dikes with no culverts and is separated
from another canal to the west by a road with*a culvert.
The canal system is presently connected to the Pamlico River at the mouth of Rodman
Creek by a + 3' wide ditch which is + 2' deep at normal water. The water depths
in the Pamlico River near the connection vary from 1.0 feet to 4.0 feet at normal
water level. The water depths within the canal vary from 6.0 feet to 8.0 feet at
normal water level.
In the past, lots have been sold at the mouth of the existing ditch and lots labeled
as 3 and 4 on the attached plat have been sold. These lots have either single
family dwellings or mobile homes located on them. The only other parcels of land
which have been plotted as lots are labeled 1 and 2 on the attached plats. No
other areas around the canal are planned to be plotted and sold at this time.
Project proposal
The applicant is proposing to widen the existing ditch which connects the canal to
the Pamlico River. When completed, the connection will be + 75' in length with a
width of 7' and a depth of -4' NWL: The purpose of the project is to increase
flow circulation, so as to allow a larger escape route for water which accumulates
within the canal and on adjacent farm land during periods of heavy rains.
All spoils are to be trucked from the site and placed on a highground area.
Environmental impact
If the project is conducted as proposed, + 525 sq.ft. of wetland vegetation consisting
of Golden Rod, Smart Weed, Carex sip., and Pickerel Weed will be excavated. No
wetland vegetation will be filled. The excavation will also allow navigation within
the canal which is not the case at this time. If the entrance canal does become
navigable then it may lead to further development along the canal system which will
increase the chances of water quality degradation within the canal.
David L. Gossett - Washington Office - 25 September 1984
APPLICATION
�ii�(O.i oC6
q-�9-rY
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 Corpsof Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c),.113A-118 (33 CFR 209.320-329)
Please type orprint .and fill in all blanks -'If information is riot applicable, so indicate by placing N/A in blank.
IS Applicant information nr,5 O7 J
A: Name l'
Last First Middle
B. Address
n Street, P. O. Box or Route
C_h
City or Town State _ .Zip Code
II. Location of Pro osed Project:
A. County ge Q f3'6e ram-
B. 1. City, town, community or landmark ('�koC'0 1 -t^ G?_,iti.
2. Is proposed work within city limits? Yes —No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
RD/ r�'^ C l venom
Phone
/
&a3
"
_
Ill. Description of Project
A.
`/
1. Maintenance of existing project 2. ,New work
B.
Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin -length width depth
3. Fill area Igth width depth
4. Other L i%. I %n-1 rr,, x, (J-A ...m4ength `9. > width % depth y
_
C.
1. Bulkhead length J �:4/ffi' Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D.
Excavated material (total for projecttj/,
3
1. Cubic yards SS ,S�"s 2. Type of material
E.
Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material
IV. Land
Type, Disposal Area, and Construction Equipment:
A.
Does the area to be excavated include any marshland, swamps or other wetland? Yes. t�lo
B.
Does the disposal area include any marshland, swamps or other wetland? Yes No ✓
C.
Disposal Area •..-�
7, A, 7/,GAf?tL�/�' AWAa % !
6�7f�s fJ�
1. Location
2. Do you claim title to disposal area! G?C r
D.
r
Fill material source if fill is to be trucked in
-
E.
,.�/
How will excavated material be cr9[rapped a .d rTsftrolled? - N�'n� axw
I Type of equipment to be used '�I%/"tii /,,qnfe %en P C?+ N" -
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
V. Intended Use of Pro' t Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial.
4. Oiher
B. 1. Lot size(s)—
2 Elevation of lot(s) above mean high water >� a• e
3. Soil type and texture ��a e .�Oi✓/ay :5Lx +
4. Type of building facilities or structures �r + V/r / e /2 I?2E
f
5. Sewage disposal and/or waste water treatment A. Existing Planned .
B. Describe %s't •-:5e
6. Land Classification (circle one) DEVELOP TRANSITIONAL COMMUNITY.' RURAL
CONSER 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 w}Yers as a result of project activity or planned use of the
area following project completion? Yes_ "" -
2. Type of discharged r�r i / -77� /�f�.lj�s yyp�� A ,'o A LUA%C r 0� Cmv�otyJ �0 i /
3. Location of discharge �� mA_w t-e e,k -
VIL Present rate of shoreline erosion (if known): oer %IPAr
VII I. List permit numbers and issue dates of previoug Department of Army Corps of Engineers or State permits for
work in project area, if applicable: �v
IX. Length of time required to complete project: —r/7 zi�I
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 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 Carolinak 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 devel-
opment activities, including construction• excavation, filling, and land
cclle/arrind/g/.
DATE
Applicant's Sffnature
S OT_
0.",1, �
i �
p �fe 1
t
k
ta
x x
-
m
5. xk 5� Yk � .^.ti e�M ��:% k r ��♦7 ` �• +, _ gt: r.,�t 2- Jj
7�qt
...... ee% �ro fi Are
n/oi
Y� R ✓y 6 '�- C T of i�li � .
C l__Y
old (�aTTa,�, '
\ y2�,s Qp T I o P.✓ -
gfo��.a
9N
Th
JQ
Ag IAO, 'Ell
/SY, -
Rp.
5V
Q VO
RIK
X
bs
A "0 yq-
C3
Cho
--fir-7fF� n�-5 let", lf)miti,t I &�A 4N.
!MIT I'll -0 1
11
0. It,
P,
it
V.
1 A
k
flit lt9Iit oowo?dni1117,
It r
C gTy
J.
M-0 II M141
. . . . . . vi
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402
October 1, 1984
IN REPLY REFER TO
Regulatory Branch
RECEIVED
SUBJECT: File No. SAWC084-N-007-0388 I ICI 8 -,1
Mr. Ottis M. Crisp
Chocowinity, North Carolina 27817
Dear Mr. Crisp:
On January 27, 1981, we issued 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 September 26, 1984, for
a Department of the Army permit to connect an existing canal
system to Rodman Creek and the Pamlico River 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 N. C. Office 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, has been assigned No. SAWC084-N-007-0388 and will be
coordinated by Mr. Steve Brown, telephone (919) 343-4632. He is
available to address questions or comments you may have.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
MANA
NT
�AeNorth Carolina Department of Natural -Ke Kenneth D. Stewart
'W Kenneth D. Stewart
Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph W. Gri fey, Secretary Telephone 919/733-2293
�CE�D
MA� 9 �oR3
8 March 1983 J
i
Mr. Ottis M. Crisp
Route 2, Bor 96
Chocowinity, North Carolina 27817
Subject: Application for State Permits
Chocowinity Bay
Beaufort County
Dear Mr. Crisp:
Field Services
P.O. Box 1507
Washington, NC 27889
(919) 946-6481
I have recently received and reviewed your application for state permits to place
a road across a wetland area to reach a high ridge which will be utilized as a
farming, logging or mining area.
The application package which was submitted contains several deficiencies which
must be corrected prior to my being able to process the application. However,
prior to making any additions to the application package, I first need to determine
if a permit will be required from this office for your project. For me to make
this determination I must have the work area of the proposed road across the wet-
land area flagged, so I can determine the exact length and width. When this is
completed I would appreciate you contacting me.
If at that time I made the determination that a permit is required I will then
assist you in completing the application package. Until such tine the determination
is made I am going to place the application that you submitted to this office on
hold and not begin processing.
If you have any questions don't hesitate to contact me.
Sincerely,
David L. Gossett
Environmental Consultant
DLG/aht
cc: 4reston Pate - Chief, Field Services Section, OCM
Steve Brown - U.S. Army Corps of Engineers
P 0. Box 27687 Raleigh, N. C. 27611-7687