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HomeMy WebLinkAbout100-86 Daniels, Henry/7 F Permit Class I v ' New STATE OF NORTH CAROLINA Department of Natural Community Development QX Excavatioj6�sgto NCGS 113-229 Issuedto Henry Daniels, Route 2, Box 226, Belhaven, NC 27810 Permit Number 100-86 MAY 10 authorizing development in Beaufort - Countyat Wright's Creek, north prong as requested in the permittee's application dated 2/24/86 including attached plats, 3, location,plan view and cross section, no date. 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 perrnittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead must be staked prior to construction. Contact a representative of the Division of Coastal Management at 946-6481 for this service prior to beginning development. (2) All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. (3) Vegetated wetlands will not be filled. (4) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. (5) 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. See attached 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. Ali work must cease when the permit expires on 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. 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890WILMINGTON, NORTH CAROROLINA 28402-1590 April 18, 1986 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC086-NO07-0203 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: PIP Reference the application of M< enry Daniels for a Department of the Army permit to con 1 a bulkhead on Wrights Creek, off the Pungo River, Pamlico Beach, 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 constructed on an alignment in strict accordance with permit plans. To prevent an unintentional violation of authorization, representatives of the Corps of Engineers and the North Carolina Division of Coastal Management are available to stake the alignment prior to construction. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. c. Vegetated wetlands will not be filled. d. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. e. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of -2— 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 I/- 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 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U.S. Environmental Protection Agen 345 Courtland Street Atlanta, Georgia 30365 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 1507 Washington, North Carolina 27889 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 ft} /� z� l fin, SUBJECT: File No. SAWCO Al� - 007 - 0.20 � Applicant %T(Qyl/lcv UCCt1 L91d Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Ms. Nora Murdock U. S. Fish and Wildlife Service Endangered Species 100 Otis Street, Room 224 Asheville, North Carolina 28801 Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office 4ox 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 -_ Regional Office North Carolina Division of Coastal Management tl�L1�4 1 114 j Pursuant to SAWCO80-N-000-0291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments d/or re ommendations would be appreciated on or before�i Questions or comments may be addresg,ed to Apav Regulatory Branch, telephone (919) 3433Q.—`%v]"' Sincerely, cz, , 4Ls Charles W. 1 Chief, Regu Branch Enclosure • ASUTCo ///r^/+� �I ✓nM U 2 .9 1986 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 24 March 1986 Mr. John R. Parker, Jr., Chief Major Permits Processing Section Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: FAST TRACK The attached copy of an application submitted by: Henry Daniels Applicant's Name Wrights Creek Beaufort County Location of Project County David W. Owens Director for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CA11A major develop- ment permit... X for a CA11A 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. S'ncer__elnny, C �CXo V Charles S. Jones, ief Field Services Section CSJ:ap:3566 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer (A) This agency has no objection to the project as proposed. (B) This agency has no comment on the project as proposed. x (C) This agency approves of the project (or project concept) and/or recommends these minor refinements for project management. 1) All back fill material will b( obtained from a highground source and confined behind the permitted bulkhead. 2) NOTE: The alignment for the proposed bulkhead will be staked by a representative of the Division of Coastal Management. M. 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; arty riparian amers; (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; sevation 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 D1-4 or provide general comments. A�/z ✓/ —Signature 3 - Z y 7G e OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Henry Daniels 2. Location of project site Beaufort County, Wrights Creek photo number 12-19-84; 78-1017 - R-6, R-7, S-6 3. Investigation type: Dredge 6 Fill CAMA X 4. Investigative procedure: (A) Dates pf site visit 3-19-86 (B) Was applicant present No 5. Processing procedure: Application received 3-12-86 Office Washington 6. Site description: (A) Local Land Use Plan Beaufort County Land classification from LUP " Conservation Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands Public trust waters X Estuarine waters Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing Septic Tank Planned None (F) Type of structures: Existing Single family dwelling Planned Bulkhead (G) Estimated annual rate of erosion + 4' average Source DQM staff observation 7. Habitat description: greater 10 one area AREA (A) Vegetated wetlands: Dredged Filled Other None N/A N/A (B) Non -vegetated wetlands: (C) Other: Open water area + 1,100 sq.ft. (D) Total area disturbed: + 1,100 sq.ft. 8. Project summary The applicant is proposing to construct 397' of bulkhead which will average + 2' beyond the Nvm. Environmental settin The applicant owns a 0.72.acre lot on the North prong of Wrights Creek. Located on the property is a single family dwelling which is served by a septic tank sewage disposal system. Most of the shoreline of the lot is experiencing severe erosion except for the south- west side where a narrow fringe of Spartina alterniflora is impeding the erosion. The erosion is evident by fallen trees, and a severe erosion scarp, especially in one area which is + 30' wide by + 16' long. In this area the applicant's drinking water well is in danger. Project proposal The applicant is proposing to construct 397' of bulkhead which will average + 2' beyond the NWL. Along the southwest side of the property the bulkhead will be constructed landward of the Spartina alterniflora fringe. In the area of the severe eroded cove, the bulkhead will be constructed + 12' beyond the NWL. Environmental impact The project as proposed should have a minimal environmental impact. The proposed bulkhead alignment approximates the erosion rate during the past twelve months. No wetland vegetation will be excavated or filled. As stated previously the bulkhead will be placed landward of the Spartina alterniflora marsh. + 1,100 sq.ft. of open water area will be backfilled landward of the bulkhead. David L. Gossett - Washington Office - 24 March 1986 ' '• S9r.cc0 �-9K�o o.r.er �%A��ilJec�t APPLICATION C,(e&A-- A. /oo.00_'6_1' (e44/ 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) Departmeni of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. Applicant Information A. Name Last First Middle B. Address R ©� a� rl—fa Street, P. O. Box or Route _ e r City or TowiO State Zip Code Phone II. Location of Proposed Project: A. County •5ekof5y 1 p f B. 1. City, town, community or landmark _7 Alit !i Co A-C�' 2. Is proposed work within city limits? Yes —No U-1, '• 1 ,�oo C. Creek, river, sound or bay upon which project is located or nearest named body of water to project l)rt� kT5 6ree )f- r {(u t4 n Cz / Vt7 Lr_ . III. Description of Project / A. 1. Maintenance of existing project 2. New work t/ C. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length width depth 4. Other length width depth 1. Bulkhead length iU7 / Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) —SA/7 %rep7j,q 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 . /0 'S . 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 o B. Does the disposal area include any marshland, swamps or other wetland? Yes No 4 C. Disposal Area 1. Location 2, Do you claim title to disposal D. Fill material source if fill is to be trucked in E. How will excavated material be entrapped and erosion controlled? I . I ype of equipment to be G. Will marshland be crossed in transporting equipment to project site? If yes, explain D& F-B 1 Rev. 10/78 V. 'Intended Use of Project Aria (Describe) A. 1. Private_ 2. Commercial 3. Housing Development or Industrial 4. Other \moo B. 1. Lot sizes) 1 2. Elevation of lot(s) above mean high water 3,(." 3. Soil type and texture 4. Type of building facilities or structures 4" M � 5. Sewage disposal and/or waste water treatment A. Existing Planned B Describe_�S �v_— C 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 _!_�No B. I. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project comp etion? Yes —No 2. Type of discharge—_ //IL 3. Location of discharge—y/I¢ VII. Present rate of shoreline erosion (if known): _ Q — 2 Lz� r�gaty Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: IX. Length of time required to complete project: X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the domed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8Y2 X 11" white paper (see instruction 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 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 devel- opment activities, including construction, excavation, filling, and land clearing. DATE Applicant's Signature DBF-82 Rev. 10/78 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS T � ms Elio 7-1 it x va r 5\ t 5 } ! i tfaY� t•r /l � r tiF fi 4. t .. •� � N` t ! rn VK 1 _ p �tzri._ { ff tyi � � � Gx �• }Ii � .pa 3. ,'1 Z IV' v r�P� '��qRrt 131�i iY (+gSa���'i 4 y �..�-�• .r �.. ti.l } ��Y r. ri'rs wfl k Rrr 'lil7 •.a . • ,} {r, XIt ff F'" s 5 mw w ? 1 • 4 t r� i , ., � 4a it . ; t . �. lt, �..: 1 . F =t• u t .. � irCl .(H. s s 15 TT.. 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