HomeMy WebLinkAbout84-83 Deal, PeterPermit Class
New STATE OF NORTH CAROLINA
Department of Natural Resources and Community Developmen
Issued to Peter Glen Deal, Route 2, Box 195, Aurora, NC 27806
t
authorizing development in Beaufort County at Goose Creek
as requested in the pernittee's application dated 4/11/83 including
attached plats, 2, 1 dated 4/7/83 and 1 no date
This permit, issued on .Tune 14 1983 , 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
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) All back fill material will be obtained from a highground source and
confined behind the permitted bulkhead.
(2) All fill material to be placed below normal water level will be confined
behind the permitted bulkhead.
(3) No marsh grass will be excavated and/or filled.
(4) In order to protect water quality, runoff from the construction area must
not visibly increase the amount of suspended sediments in adjacent waters.
(5) The back fill material will be properly graded and provided a ground
cover sufficient to restrain erosion within thirty (30) days of project
completion.
NOTE: In keeping with the provisions of GS 146-6(c) the State Property
Office of the Department of Administration has granted authorization
to fill State—owned submerged lands as described in this permit.
NOTE: This project is certified under Section 401 General Water Quality
Certification No. 1272 for bulkhead construction.
This permit action may be appealed by the pemtittee
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 he.
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.
All work must cease when the permit expires on
n.... h 'Al � 1 oar,
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.
Kenneth D. Stewart, Director
Office of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pernittee
North Carolina Departmen
Resources &Community D
-Rol James B. Hunt, Jr., Governor Joseph
21 April 1983
Mr. Kenneth D. Stewart, Director
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Stewart:
Natural COASTAL MAN`
t.
Kenneth
:)pment
islet', Secretary Telephone 919
RCEIV D
i pq 25 log3
6 �✓
The attached copy of an application submitted by:
Peter Glenn Deal
plicant's Name
Whealton's Point Beaufort County
Location of Project County
xX 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 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
5 May 1983
JRP:bli:2480
S erely,
John R. rker, Jr.
Permit Coordinator
OF
P. 0. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer
RR ;. (A) This agency interposes no objection to the proposed work.
j (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.
r
(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.
CONDITIONS ON SEPARATE SHEET
(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 Fede agencies).
si ed
y- a/ Jq
date
Peter Glenn Deal
Beaufort County
A
CONDITIONS
(1) All back fill material will be
obtained from•a',,highground source
and
confined
behind the permitted bulkhead.
(2) All fill material to be placed
below normal water level will
be confined
behind
the permitted bulkhead.
(3) No marsh grass will be excavated and/or filled.
it jj,)�7/ ///
FA37 TAgc--K
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Peter Glenn Deal
2. Location of project site Beaufort County - Whealton's Point off of SR 1901, Goose
Creek, photo number 54-804, M-11, M-12'
3. Investigation type: Dredge & FillXX CAMA XX
4. Investigative procedure: (A) Dates of site visit 4/12/83
(B) Was applicant present Yes
5. Processing procedure: Applicat-ion received Complete 4/18/83 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
Coastal wetlands
Estuarine waters XX
Estuarine shoreline XX
Public trust waters
Other
(C) Water dependent: Yes No XX Other
(D) Intended use: Public Private XX Commercial
(E) Type of waste water treatment: Existing None
Planned Septic tank
(F) Type of structures: Existing None
Planned Single family dwelling
(G) Estimated annual rate of erosion 6' Source Personal observation
7. Habitat description:
(A) Vegetated wetlands:
None
(B) Non -vegetated wetlands:
(C) Other:
Open water
(D) Total area disturbed:
AREA
Dredged Filled Other
None None
N one
+ 1,206 sq.ft.
+ 1,206 sq.ft.
8. Project summary The applicant is proposing to construct a 201' long bulkhead which
will average ± 6' beyond the NWL. The purpose of the project is to retard erosion
and to reclaim land recently lost to erosion.
9. Narrative description
The applicant owns 2.2 acres adjacent to Goose Creek (AIWW) in Beaufort County. The
property has an elevation of approximately 3.5' and the soils are sandy loam: No
structures are present on the property at this time, however, a single family
residence is planned at a later date. The dwelling will be served by a septic tank
sewage disposal system which is also planned.
The applicant's property is experiencing severe erosion due to recent winter storms.
I visited the site on 3 September 1982 and staked a no permit alignment for a
bulkhead which was never constructed. During my last visit on 12 April 1983, it
was obvious erosion had occurred since several of my original stakes were still
present waterward of the present NWL.
At this time, the applicant is proposing to retard erosion and to reclaim that
land lost since 3 September 1982, by constructing a wooden bulkhead. The bulkhead
will be 201' long and will average 6' beyond the NWL. Once completed the confined
area will be backfilled with materials from an upland source. The bulkhead will be
stopped short of the marsh present on the northern end of the property.
10. Anticipated impacts
The project as proposed should have a minimal environmental impact. + 1,206 sq.ft.
of open water area will be filled. No wetland vegetation will be excavated or
filled.
David L. Gossett - Washington Office - 4/21/83
t
. due ••.ed L��A - -"
APPLICATION
FOR J
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, Wllmhpson District
(GS 113.229, 143.215.3(a)(1), 143.21S.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.
1. Applicant Information
A. Name
G«1-V1V
B. Address I`_/ G /"^y /`TS
/7Ul�C/2t� Street, P.O. Box or Route
A/.C' 078G6 322-S677
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County!!:'
B. 1. City, town, community or landmark zlllksd 6;pc
2. Is proposed work within city limits? Yes —No -4— _
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
III. 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 length width JZ r
depth
4. Other length width
depth
C.
1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) �Pr'' T TL' rJ-' ?
!c,: • :=;
=
D.
Excavated material (total for project)
1. Cubic yards A/o•N£ 2. Type of material
E.
Fill material to be placed below MHW (see also VI. A)
1. Cubic yards Zoo 2. Type of materiaNLIt/
L.G'i.
.��"�' . �� •."'" ."-
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location 1'r/
2. Do you claim title t8 disposal area?= 1". /4
D. Fill material source if fill is to be trucked in _ -_ .4. a r ' L_ A ty r`
E. How will excavated material be entrapped and erosion controlled? 11/ 14
F. Type of equipment to be used - A/ I)
G. Will marshland be crossed in transporting equipment to project site? If yes, explain /V O
Da F•B i
Rev. 10/78
V. Intended Use of Project Area (Describe)
A. 1. Private '/"n !/" err^,-r/Aje5_ L3�r7Ci� /
2. Commercial
3. Housing Development or Industrial
4. Other
B. I. Lot sizes) Z • Z AGc'<'-5
2. Elevation of lot(s) above mean high water. /
3. Soil type and texture
4. Type of building facilities or structures
A -/pp /�
5. Sewage disposal and/or waste water treatment A. Existing
B. Describe
Planned -T1'-A42r-
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY' URAL
CONSERVATION OTHER (See CAMA Local tAiFlUse 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 k 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 771 f1
3. Location of discharge /yi%+
VI 1. Present rate of shoreline erosion (if known): �T�2.1 1 ") f % tr %'f'
Vill. List permit numbers add Issue dates of previous Department of Army
work in project area, if applicable: NnyV F
S
IX. Length of time required to complete project:
of Engineers or State permits for
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 8A 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 ri arian landowners by registered or
certified mail or by publication (G.5.113-229 (d))Enter hate ��� f �'�` �'- �� ��' �
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 applic on d plat all anticipated devel-
opment activities, including construction, excavation, filling, and.tand clea ing.
DATE
App} cant's Signature
D&F-92 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
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,' North Carolina Department of Natural
!, Resources &Community Development
James B. Hunt, Jr., Governor ___,jpsapk'VT.Vrimsley, Secretary
14 March 1983
Mr. Pete Deal
Route 2, Box 195
Aurora, North Carolina 27806
Subject: Proposed Bulkhead
South Creek
Beaufort County
Dear Pete:
OFFICE OF
COASTAL MANAGEMENT
Kenneth D. Stewart
Director
Telephone 919/733 2293
Field Services
P.O. Box 1507
Washington, NC 27889
(919) 946-6481
This letter confirms the conversation at your property on 9 March 1983 between you,
Mr. Steve Brown, U.S. Army Corps of Engineers, and me regarding your desires to
construct a bulkhead.
Enclosed are the permit application forms and a booklet on how to complete them
that I stated I would forward to you. Prior to you submitting the forms, if you
would contact me I will be glad to discuss the application package with you.
If you have any questions do not hesitate to contact me.
Since r¢ 1�//�^%
livid L. ossett
Environmental Consultant
DLG/aht
cc: Heston Pate - Chief, Field Services Section, OCM
Steve Brown - U.S. Army Corps of Engineers
P. O. Box 27687 Raleigh, N. C. 27611 7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402
IN REPLY REFER 70 April 20, 1983
Regulatory Branch
SUBJECT: File No. SAWC083-N-007-0158
Mr. Peter <1enn Deal
)
Route 1, Box
Aurora, North Carolina 27806
Dear Mr. Deal:
RECEIVED
22 1117
After extensive coordination between North Carolina and Federal
agencies, a general permit No. SAWC080-N-000-0291 (enclosed) was
issued on January 27, 1981, by Colonel Robert K. Hughes, District
Engineer, Wilmington District, U.S. Army Corps of Engineers, which
provides Federal authorization for those construction activities
that require and receive authorization from the State of North
Carolina in the form of a Coastal Area Management Act (CAMA) permit
for major development and/or a permit to excavate and/or fill and/or
a Water Quality Certification.
A review of your application received April 19, 1983, for a
Department of the Army permit to construct and backfill a bulkhead
on Goose Creek at Whealtons Point in Beaufort County, North
Carolina, indicates that your proposal is a candidate for Federal
authorization under this general permit. Accordingly, the
processing of your a 11' n will be accomplished by the North
Carolina 0 ice of Coastal Management. In this process, the North
Carolina Division of Environmental Management will review your
proposal and a determination will be made as to the need for a State
Water Quality Certification. Comments from Federal review agencies
will be furnished to the State. If there are no unresolved
differences of State -Federal positions or policy, the final action
taken on your application by the State will satisfy the terms of our
general permit. The terms of the general permit will not be
satisfied if any of the following situations exist:
a. There is an unresolved objection from any Federal agency.
-2 -
b. A State Water Quality Certification has not been issued (if
required). Section 401 of the Clean Water Act requires that prior
to the issuance of any Federal permit that may result in a discharge
into waters or wetlands, the State agency responsible for water
pollution control (North Carolina Division of Environmental
Management) must certify that the discharge will not violate
applicable Water Quality Standards.
C. The proposed work would have a significant effect on the
quality of the human environment. The District Engineer will make
this determination prior to the conclusion of the State process.
d. There is a significant and substantive unresolved objection
from any individual, group, or agency.
If your application is withdrawn from this general permit
process, you will be so not and informed of its further
management in writing. When your application is successfully
processed to conclusion under this general permit, you will receive
written notice from the District Engineer. Only after receiving
such confirmation should you begin work.
Your application has been assigned application No.
SAWC083-N-007-0158 and will be coordinated by Mr. Steve Brown,
telephone (919) 343-4632. He is available to address questions or
comments you may have.
Sincerely,
G. Wayne Wright
Acting Chief, Regulatory Branch
Enclosure
-3 -
Copies Furnished:
Office of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Water Quality Section
Division of Environmental
Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Office of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 769
Morehead City, North Carolina 28557
U. S. Fish and Wildlife Service
310 New Bern Avenue
Raleigh, North Carolina 27601
National Marine Fisheries Service
NOAA
Post Office Box 570
Beaufort, North Carolina 28516
U. S. Environmental Protection Agency
Ecological Review Branch
345 Courtland Street, Northeast
Atlanta, Georgia 30365
Mr. David Gossett
Office of Coastal Management
North Carolina Department of Natural
Resources and Community Development
1502 North Market Street
Washington, North Carolina 27889