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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