HomeMy WebLinkAbout203-78 Daughtridge, Ulyss. State of North Carolina
I)gvitrncnl of Natrrral Resources and Community Development
_lam 'ritI
R FEDERAL PERMIT IS REQUIRM TO EXCAVATE AND/OR FILL Permit No. 203-78
ODNTAr.T '! S. ARMY CORPS OF
ENGINES^;. P. 0. BOX 1890 1Re: N.C. G.S. 113-229) Permit Class
WILMINGTON. N. C. 28401 tlr. Ul as G. Dau htrid e
Issued to: __l qs 9 g _-- _ New
122 E. St., James St., Tarboro, N. C. 27886
This permit authorizes excavation and/or filling in---J3e"fQr_ County, N.C.
at Pamlico River ( at Pamlico Beach) as requested in the permiltee's
application dated 9/l/78; incl. attached plat dated 8/31/78 __ subject to
the conditions set forth below.
(1) That all fill material to be placed beyond mean high water be
confined behind the existing bulkhead.
(2) The fill material placed behind the bulkhead must be provided
a ground cover sufficient to restrain erosion within 30 days
after final placement.
(3) That the activity be conducted in such a manner as to prevent
significant increases in turbidity outside of the area of
construction or construction -related discharge (increases of
25 JTU's or less are not considered significant).
Ili
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 PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID-
ED IN G.S. 113.229 (K) AND (L).
I'his lurmit may h objected to by the pennittee within twenty (20) days of the date of issuance. Failure
to submit such objection shall he interpreted as an agreement of compliance with all permit conditions.
I his permit must he displayed alrrlg with a copy of the application and the project plat in the cab (or pilot-
house) of the equipment working on the pruiect, or be easily accessible, on site, to Department personnel
when the project is inspected.
Any nmintenanee work or project mudifieatiun requires further Departmental approval. Subject to permit
renewal, all work must pease when the permit terminates.
Phis Ivrinit terminates on - December 31, 1980
Is.uing Dale _ November 27, 1978
anti D&I -g
It. ix d 7; _77
Signed by the authority of the Secretary
Depar�Gstment- Natural Resources
& Community Development
O T
3
JP
a' North Carolina Department of Natural
F" Resources &Community Development
James B. Hunt, Jr., Governor Howard N. Lee, Secretary
QDiaz - Sepyt
September 18, 1978
Mr.'Doug Nelson
Estuarine Management Section
Box 769
Morehead City, N.C. 28557
Dear Mr. Nelson:
The attached copy of an application submitted by:
Ulyss Daughtridge
Applicant's Name
Pamlico River
Location of Project
County
,L Yr /..M .�!
SF? 19 1978
Fx 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)...
...is being circulated to State and Federal agencies having jurisdic-
tion 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
October 2, 1978
DAA/lt
Sincerely,
David A. Adams
Assistant Secretary
for Natural Resources
(Please use reverse side for comments and signature).
P. O. Box 27687 Raleigh, North Carolina 27611
An Equal Opportunity Alrirmative Action Employer
-L-
(A) This agency interposes no objection to the proposed work.
❑ (B) Dredge and/or Fill_. This agency objects to the project as pro-
posed. 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;
El(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;
El(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 71. 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 here-
by detailed.
1. That all fill material to be placed beyond mean high water
be confined behind the existing bulkhead.
❑ (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
date
October 6, 1978
Division of Marine Fisheries
P.O. Box 769
Morehead City, N.C. 28557
MEMORANDUM TO: John Parker
FROM: David L. Gossett, Environmental Consultant
SUBJECT: Application for State Permit - Ulyss Daughtridge 9/1/78
Location - Beaufort County - Between SR 1730 and the Pamlico River at
Pamlico Beach.
Investigative process - Application received Office of Assistant Secretary
9/18/78; Morehead 9/19/78; onsite investigation 10/2/78; spoke with
applicant by telephone 10/3/78.
Environmental setting - The applicant's property is located on the Pamlico
River and is 75 feet wide by 140 feet long with an elevation of 4 feet
above mean high water. Located on the property is a single family
residence which is served by a septic tank. The shoreline is presently
bulkheaded, but much of the planking on the bulkhead has deteriorated
resulting in severe erosion behind it. Due to the erosion, the bulkhead
averages approximately 14 feet beyond the mean high water mark and is
approximately 23 feet at the furthest point. The bulkhead at one time
was backfilled behind, but due to the erosion, numerous tires have been
placed behind it to slow the rate of erosion. The applicant purchased
the property in July 1978, but has been familiar with the property for
several years. He has stated the present rate of shoreline erosion has
been ten feet in the past year. A very small amount of Spartina patens
is the only marshgrass present at the site.
Project proposal - The applicant is proposing to repair the existing
75 foot long bulkhead and backfill the confined area, which presently
contains tires, with material which will be trucked in from an upland
source.
Environmental impact - If the project is conducted as proposed, approximately
1,000 sq. ft. of area beyond the MHW mark will be filled. The filling of
the area will not be detrimental to the environment, since the area has
been previously filled and presently contains numerous tires. Very little
if any marshgrass will be filled.
CAMA Review - The project as proposed coincides with the Beaufort County
Land Use Plan's goals and objectives. The proposed project will not
have detrimental effect on any of the county's environmentally sensitive
areas.
David L. Gossett
Environmental Consultant
R E C E I V E D
APPLICATION .office of Assistant Secretary
FOR SEP 1810
PERMIT TO EXCAVATE AND/OR FILL N, c, Derr. aF nNTue�L
EASEMENT IN LANDS COVERED BY WATER
WATER QUALITY CERTIFICATION
CAMA PERMIT FOR MAJOR DEVELOPMENT
State of North Carolina Department of the Army
Department of Natural Resources & Community Development R E CC E 1 V E 6 Corps of Engineers, Wilmington District
3-2 (GS 113-229, 143-215.3 (a) (1), 1415.3 (e),113A-118 office of Assimnt Secretary (33 CFR 209. 320-329)
Department of Administration SEP 111978
(GS 146-12) N. C. DEPT. of NATUML
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Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
I. Applicant
A. Name
B. Address I Z=— J=
P. O. Box or Route
City or Town State
Middle
II. Location of Pro p( osed Pr ject:
A. County U t? 42 /
B. 1. City, town, community or landmark DId /loages Beecll
2. Is proposed work within city limits? YesNo —X-- p
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project PAM 11 eo IVJI/eR
III. Description of Project vv
A. 1. Maintenance of existing project 4 2. New work
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length_'Z5widthIR z depth
4. Other r! length width depth
C. 1. Bulkhead length— r7b . Average distance waterward ofMHW (shoreline)
2. Type of bulkhead construction (material) CRe00Te/�ti/�7N Z
D. Excavated material (total for project)
1. Cubic yards yGti'e- 2. Type of material
E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards / % 2. Type of material k.o 1A/ 10' ;:r/7/ -
IV
Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes _
B. Does the disposal area include any marshland, swamps or other wetland? Yes 1�LL No
C. Disposal area 1. Location 4l
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled? ✓
F. Type of equipment to be used 4L&
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
No
D& F-B 1
Rev. 3/78
V. Intended Use of Project Area (Describe)
A. 1. Private Res ialeNc-N�
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) 7S / X /*0"
2. Elevation of lot(s) above mean high water_
3. Soil type and texture 7W dci
4. Type of building facilities or structures
9—
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe .54WtiC %fi' 4
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 waters as a result of project activity or planned use of the
area following project completion? Yes —No X
2. Type of discharge
3. Location of discharge
VI I. Present rate of shoreline erosion (if known): b4e166Wdl Ze d%sReoi%R
VI l 1. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: /YOA/e
IX. Length of time required to complete project: 04IR U ee-ks X. In addition to the completed application form, the following items must be provided:
A. Attached 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 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
V C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail r by publication (G.S. 113-229(d) Enter date served Z! }
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 agen ies listed below.
Rio/ fftr�6 2/407� yt�
15�/eAe Coke,r� Zf NA,K St Lf/,/CysrS7o /VC- -27q-5s2_.
it
DATE -,dz-t� a�w
Applicant's Signature
Send one completed copy each to:
Assistant Secretary for Natural Resources
Department of Natural Resources & Community Development
P. 0. Box 27687
Raleigh, North Carolina 27611
Ph.919-733-4006
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28401
(Note: attach Corps transmittal letter)
Ph. 919-763-9971 Ext.565
D& F-B2
Rev. 3/78
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FIELD INVESTIGATION REFQRT
I. Investigation Type: Section 10 X 404
A. Public Notice No. C`t'O ` (,5 Date ip ,916Agency `r'�5
Date Received Extension To
B. Pre Application Activity Date Agency
C. Post Application Activity Date Agency
ZI. Applicant's tame & Address: Mr U G DaLgh ririgp ��� East St Tamac ¢r r
Tarboro; North Carolina 278
III. 6Tater Body & Location of Lb rk (City, County, State): Pamlico River at
Pamlico Beach, Beaufort County, North Carolina
IV. Purpose of Work (Describe, e.g., cater control, hurricane protection, etc.):
To provide shoreline protection
A. , Vatet Dependent: X Yes No Both
B. Intended Use: Public X Private Both
V. Description of Project (Append schematic of plans): The applicant
proposes to maintain an existing 75' long bulkhead and backfill the confined
area. (See attached drawing)
A.
Fill or Spoil Area:
1. Dimensions:
I .- 10,
2. Total Area: + 1,000 sq.ft. (Wetland)
a. Area Vegetated S,'etlands:
(Submergent) vL(Emergent)
b. Area non -vegetated wetlands:
(Submergent) (Emergent)
(Non -Wetland)
3.
tfcthod(s) to retain—terlals: Bulkhead
4. Method(s) to prevent erosion: Bulkhead
5. Intended use of fill area; Lawn
B. Dredge or Borrow Area: Not Applicable
1. Dimensions (Length, width, depth):
2. Total Area: (Wetland) (Non-wetl
a. Area Vegetated Wetlands:
(Submergent). (Emergent)
3. Quantity of materials to be excavated
Polluted: Yes No Unkna
Pollutants (Apparent Source)
4. Finds of materials to be excavated (e.g. silt):
5. Intended use of excavated area:
6. ifetbods of excavation:
7. Will borrow, area be back -filled: . 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 develapmt
The entire shoreline consists of cottages with the majority of the
shoreline bulkheaded.
I:. Project Opernt.on
VI. Fabitat-Description of Project Site and/or =rea of Project Influence
(Append Bap and Annotated Photos) -
Area 1
A. Vegetated Wetlands Dre3ced Filled Other2
1. Predominant
1=ercent Species
Spartina patens
2- Fre tenant
Submerged Species
B. 17on-Vegetated Wetlands
Open water behind
bulkhead
10 sq.ft.
+ 1,000 sq.ft:.
1/ Source of data (i.e., planimeter, est3_ate, er_-)-
2/ Define level canipu'_r vegetation to be affected by i--ua(i-�ent or Laer.
tion) -
P==..r use C ..rca, e.o., cct'_--ct: _ c_ :_ Lr i._.-_e _ L s_c_
The area of shoreline is considered a primary nursery area for the comrhon
mullet, Mugil ceephalus. Striped bass, Roccus saxatilis also utilize the area,
but not as a primary nursery area
Source -of _fo _aticn (i.e_, personal e'_�sc--T ti^n, literc-l`e, etc.):
,N.C. Djvision of Marine Fisheries -Washington Office.
D. Endangered, protected or threatened rarine Y__-I; tL :;c, cr Fish •-
species (list species source of infor at_on a-3 --te rse of cabitat as to
Y.- nrztion, F-fee3in„ None
E. pio1ogicol significance of area (des`ribe briefLy the inor-tnnce or
relationship of proposed stork area to • fishery'rescurces .in area of
project influence, a-g-, source of detritus; etc.)= -
The proposed -project should have Little impact on marine fishery resources.
The bulkhead has been-backfilled behind previously, but the confined
'area has eroded. Numerous tires are behind the bulkhead and beyond
the mean high water mark at present time. If the project is conducted
as proposed very little detrital material will be lost to the estuary.
.. r i ; _ ..: L is c. .. _ i ! :. — .: 1, _ is
II. Project alternatives that could pre-:ent or reduce i=past on fishery
r esour ces:
A. Held in abeyance (sL.:.arize reasons, e.g., not enough-lnfoaatioa
in Public t:otice or pending EIS):
B. 1-bdificatiors
1. Pes.`�n f S_cr'__ 7 a_ _ ___-_=
different site`,
2. Operation (sL�=ri e, e.g., uaz_=ize tidal flushir:S, --a-tar lEses,
aon1toring, etc.):
3. Lccrcien (e.o., alternative site):
Instead of repairing the existing deteriorated bulkhead; a new one
could be constructed at or near the mean high water mark.
IX. other Comments. (i.e., project vas discussed_c.3th applicant, etc_):
Theinvestigator discussed the project with the aoplicant by
telephone on 1013/78. The applicant stated that the bulkhead had
been backfilled previously with dirt, but wa�s_Iroded away when
\/ (see below)
X.. Field Reconnaissance Data:
A. Investizator(s)
David L. Gossett N.C. Division:of Marine Fisheries
n. Date o_'Investiga tion 10/2/78 t=4-o A.M.
I%. bulkhead deteriorated. Tires were placed behind the bulkhead
to help slow the rate.of erosion., _.
21, fill
Or 11 A
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1`I \. DEPARTMENT OF THE ARMY ��` -':v\
\V\� Wilmington District, Corps of Engineers
P. 0. Box 1890 �
Wilmington, North Carolina 28402
i 5 /R:tober 78
SANCO7N-N-UU7-WU,65
PUBLIC NOTICE
. U. G. DAUGXTRI E, 122 East St_ James Street, Tarboro, North Carolina 27886, has applied for a Department
BACKPILL AN 6RISTING BULKHEAD ON THE PAiR.ICO RIVRA AT OLD MWRE'S BEACH MBAR
WINSTEADVIL , Beaufort County'
Carolina.
The following ri do the proposed work is taken from data submitted by the applicant and observations
made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application
show proposed repair of an existing wooden bulkhead along approximately 75 feet of the applicant's shoreline. An
eroded area extending a maximum of 25 feet landward of the existing bulkhead is to be backfilled with approximately
175 cubic yards of material to be obtained from an upland source. No wetland vegetation occurs within the project
area. The purpose of this work is to regain lands lost to erosion and to secure the shoreline against further
losses. Plans shoving the proposed work are included with this public notice.
Applicant has applied to the NC Department of Natural Resources and Community Development for a permit to
excavate and fill and any necessary easement to fill. No Department of the Amy permit will be issued until
the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a
Department of the Amy permit be issued until the NC Office of Environmental Management has determined the
applicability of a Water Quality Certificate as required by PL 92-500.
The District Engineer has made a preliminary determination that an Environmental Impact Statement under Section
102(2)(c) of the Natfomal 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. Request. 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 worksice 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 unavare 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 observation.,
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, historic 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 oWaove,be received Sn this office, ATTN:
Mr. Steve Brown, until 4:45 p.m., 6 November 1978.
gineers
Deputy District engineer
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLINA 79/Oq
IN REPLY REFER TO
SAWC078-N-007-000465 5 January 1979
J P°� 16 1Qi
i
Mr. U. G. Daughtridge _
122 East St. James Street
Tarboro, NC 27886 --
Dear Mr. Daughtridge:
In accordance with the written st o 7 Sept
ber 1978 and the
ensuing administrative record there is inclospermit authorizing
you to repair and backfill a existing bulkh the Pamlico River at
Old Moore's Beach near Winsteadv eaufort County, North Carolina.
If any change in the authorized work is required because of unforeseen
or altered conditions or for any other reason, plans revised to show the
change must 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 conditions
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 or before 31 January 1979 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 compliance with
permit plans and conditions.
r
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SAWC078-N-007-000465
Mr. U. G. Daughtridge
15 January 1979
The inclosed Notice of Authorization, ENG Form 4336, must be conspicu-
ously displayed at your worksite.
2 Incl
1. Permit
2. Form 4336
BCF w/cy Incl 1:,
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W.•York Street
Norfolk, VA 23510
Pa
Sincerely yours,
ADOLPH A. HIGHT
Colonel, Corps of Engineers
District Engineer
BCF w/cy Sp. Cond. and Plan(s):
Mr. R. D. Nelson
NC Division of Marine Fisheries
PO Box 769
Morehead City, NC 28557
o. That if the activity authorized "^'^in is not started on or before _ 3.1.St dnv of T—rv—• 19 79
�d on or before 31 st
lone year from the date of issuance s permit unless otherwise sp,,ohed) and is not cot
day of -Decaigl19 R9 (three years from the date of issuance of this per" ass otherwise specified) this permit, if
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 if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be
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.
s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein.
t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the
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.
11. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit):
1: The new bulkhead will be constructed along the alignment established
by the existing structure.
2. All backfill material will be obtained from a highland source and
confined landward of the completed bulkhead.
IV
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