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HomeMy WebLinkAbout93-79 DeHoog, EarlState of North Carolina Department of Natural Resources and Community Development A FEDERAL PERMIT IS REQUIRED PERMIT CONTACT U. S. ARMY CORPS OF ENGINEERS. P. 0. BOX 1890 TO EXCAVAI E AND/OR FILL WILMINGTON. N. C. 29401 (Re: N.C. G.S. 113-229) Issued to: Mr. John Griekspoor Route 2, Box 68, Belhaven, NC 27810 rhis permit authorizes excavation and/or tilling in — _ Beaufort at Pungo River (end of SR 1722 on Woodstock Point) Permit No. _93-79 Permit Class New County, N.C. as requested in the permittec's application dated 6/4/79; incl. attached plats, sheets 1&2 of 2 dated 6/4/79 _ subject to the conditions set forth below. (1) That all backfill material be obtained from a highland source and A confined behind the permitted bulkhead. CA a 1 � oWe 0 IF THE ABOVE CONDITIONS AND THE PLANS AND SPLCIFICA'rIONS SUBMITTED AS PART OF THE APPLICATION )WHERE NOIIN CONFLICT WITH '[HE CONDII IONS) ARE NOT FOLLOWED PRE- CISFL.Y, TIIE PERMITTEE IS SUBJECT TO A FINE, I%IPRISONMUNT, OR CIVIL ACTION AS PROVID- ED IN G.S. 1 13-229 (K ) AND (L ). This Irnnii may h: objected to I•y the permittce within twent.v t 20) days of the date of issuance. Failure to sihntit such objection shall he interpreted as an agreement of compliance with all permit conditions. This pcnnit mint be displayed al(ng with a copy of the application and the project plat in the cab (or pilot- house) of the equipment working on the project, or he easily accessible, on site, to Department personnel when the project isinspected. Any maintenance work or project modification requires further Departmental approval. Subject to permit renewal. all work must cease when the permit terminates. This Irrntit terminates on _— December 31, 1981 Issuing Date: July 26, 1979 Foram Ufii:-tt Revised 7j77 Signed by the thority of the Secretary ,�v/ ei S. Grigg Assistant Secretary for Resource Management Permit Number G�1� 93-79 1 9 1 \9� State of North Carolina *VG sN- Coastal Resources ss}aE Commission of Ft V10,- Pr 11 l i t F\ j FOR MAJOR DEVELOPMENT IN AN AREA OF ENVIRONMENT (Re: N.C.G.S.113A-118) Permit Class New Issuedto Mr. John Griekspoor of Route 2, Box 68, Belhaven, NC 27810 This permit authorizes development in Beaufort County, N. C., at __Pungo River (end of SR 1722 on Woodstock Point) as requested in the permittee's application dated 6/4/79 subject to the conditions set forth below, (1) That all backfill material be obtained from a highland source and confined behind the permitted bulkhead. NOTE: In issuing this permit, the Department of Natural Resources and Community Development agrees that your project is consistent with the approved N. C. Coastal Management Program. 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 PRECISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G.S. 113-126. This permit must be displayed along with a copy of the project plat in the cab (or pilothouse) of the equipment working on the project, or be easily accessible, on site, to Department porsonnel when the project is inspected. Any maintenance work or project modlficatiun requires further Departmental approval. All work must cease when '.he permit expires, unless the permit is n:nnw. J. Permit expires on December 31, 1982 Issuing date July 26, 1979 Signed by the. authority of the Chairman of the Coastal Hesources Commission. , Kenneth D. Stewart, Director Office of Coastal Management Signature of Applicant 44North Carolina Department of Natural 0. Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary DIVED &V is 1979 MAX NS9. &rptmGr. Mr. Doug Nelson Estuarine Management Section Box 768 Morehead City, NC 28557 Dear Mr. Nelson: The attached copy of an application submitted by: John Grie ipli� s Woodstock Point Beaufort Location of Project County 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 CA11A 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 29 June 1979 ` 1n Sincerely, John R. Parker, Jr. Permit Coordinator PKP:sp:321 Post Office Box 27687 Raleigh, North Carolina 27611 Telephone 919 733-4984 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. 1. That all backfill material be obtained from a highland source and confined behind the permitted 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 Div. of Marine Fisheries P.O. Box 769 Morehead City, N.C. 28557 15 June 1979 Memorandum To: John Parker From: David L. Gossett Subject: Application for State Permit John Griekspoor 6/4/79 Location - Beaufort County - At the end of SR 1722 on Woodstock Point near Winsteadville adjacent to Pungo River. Investigative process - Met applicant on site 5/30/79; application received Washington Office 6/12/79. Environmental setting - The applicant owns a 118' long by 50' wide lot adjacent to the Pungo River. There are no dwellings located on the property nor waste- water disposal systems, and during an onsite meeting with the applicant, he did not mention any plans of placing either on the property. Severe erosion has taken place on the property in the past, but the shoreline is fairly stabilized at the present time: The entire shoreline of the property is presently bulkheaded, however, a 66' long section has deteriorated and is overwashed during periods of highwater. Erosion behind this section of bulkhead is continuing and the property has eroded as much as + 44' at one location. The Shoreline Erosion Inventory published by USDA-SCS states that the area in which the proposed project is located has an annual erosion rate of 1.45 feet per year. The eroded area behind the deteriorated section of bulkhead contains a dense area of Spartina alterniflora, however, no other wetland vegetation is present at the site. Vegetation on the highground portion of the property consists of a grassed lawn and a few pines. Project proposal - The applicant is proposing to rebuild the.deteriorated bulkhead. The new bulkhead will be placed near the present one, and will extend no more than one foot to two feet waterward of the present bulkhead. The confined area which presently contains Spartina alterniflora will be backfilled. Environmental impact.- If the project is conducted as proposed, + 675 sq.ft. of Spartina alterniflora behind the deteriorated bulkhead will be filled. The project,as proposed should have a minimal impact upon the environment since the majority of the shoreline has been previously bulkheaded resulting in the wet- land area being fairly isolated therefore offering a minimal amount of detrital material to the estuary. CAMA review - The area in which this project is located has been classified on the Beaufort County Land Classification Map as being rural. The project has been reviewed in regard to the goals and objectives of the Beaufort County Land Use Plan, and has been found to be consistent with the provisions of that document. David L. Gossett APPLICATION 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 Corps of Engineers, W' 'n ton District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 C F R 209)--- �i1Q i Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in I. Applicant A. Name Last B. Address IV First Middle .//�� ��// Street, P. O. Box or Route /_5._2 //flu E A/ A/C a 7 S i o C?,�Is/- City or Town State Zip Code Phone 11. Location of Pro osed Project: A. County 1'A�-�- y( B. 1. City, town, community or landmark CC 2. Is proposed work within city limits? Yes —No X 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 X or Head length-Ar�' width 3,+- depth s 4. Other length width depth C. 1. Bulkhead length Average distance waterward of MH(Wa (shoreline) 2. Type of bulkhead construction (material) Jd2L,rd J/J�L f �iQ�/� �e D. Excavated material (total for project) 1. Cubic yards 416),V e 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards /✓o.✓r 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 No 5e B. Does the disposal area include any marshland, swamps or other wetland? Yes 9 No C. Disposal Area Ly%� / Zfe`AL 1. Location /) C� 2. Do you claim title to disposal area? E i D. Fill material source if fill is to be trucked in /,C nA/ /7 Sm,P C Z E. How will excavated material be entrapped and erosion controlled? F. G. Da F-B 1 Rev. 10/78 -- SUN 6 1979 COASTAL RESOURCES COMM,' V. Intended Use of Project Area (Describe) A- 1. Privafe 2. Comwercial 3. Housing Development or Industrial 4. Otha B. 1. Lot size(s) 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and/or waste wa er treatment A. Existing Planned B_ Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Loca and Use Plan Synopsis) VI. Pertaininig to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes —No B. 1. WA 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 Ale N,?�r 3. Location of discharge h/41Al:e VII. Present rate of shoreline erosion (if known): /I / VII I. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: Ale, Al 2� IX. Leng th of time required to complete project: rJ ✓�� A>S X. In addition to the completed application form, the following items must be provided: A. Attach acopy 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. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certifsed mail or by publication (G.S. 113-229 (d))Enter date served G /✓ 7 ri D. List rsama 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. A7A))'s ns l/nno .C',P. Qi-1. A. / 1 .51, XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina% approved coasidl 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 _ Co — A4 - APPi DaF-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10178 Signature At �GpLa'�ip= fog �.5 rF - •T4�rATe-.( 4:eod�% /Pk•p�a� s% PQo/p6R+y O4 - A snf4ti i /B/..ltc#xq i 4. $' Rbouc M• r� • / t. tiL W� s 1.5' `!?Pa�y�a� Se.2•p...+e,,,,it �,. FfR� f76 W�� 2, Z, A1R t rs! "S S+ebeLiWk /° 44/KNxad , SQ. h �; t g' FAN rAJ4s RKLra i. &A. .5+ 3 G!-Ar sod'). pkoa�e+yof hfl - ppt�' of 7NAppRauil✓rj w llV 1. 5 NMFS SERO FIELD INVESTICATION REPORT I. Investigation Type: Section 10 X 404 X SAWCO 79-N-007-000267 6/28/79 Corps of Engineers A. - Public Notice No. Date Agency Date Received 6/29/79 Extension To B. Pre Application Activity Date Agency C. Post. Application Activity " II. Applicant's Name & Address: ohn Griekspoor, N.C. 27810 to Agency �oute 2, Box 68, Belhaven III. Water Body & Location of Work (City, County, State): Pungo River at Sparrows Point near Belhaven, Beaufort County, North Carolina IV. Purpose of Work (Describe, e.g., water control, hurricane protection, etc.): Repair deteriorated bulkhead and backfill eroded confined area A. Water Dependent: X Yes No Both B. Intended Use: Public X Private Both V. Description of Project (Append schematic of plans) The applicant proposes to rebuild 66' of an existing bulkhead and backfill the eroded confined area A. Fill or Spoil Area: 1. Dimensions: + 66' long by + 32' wide 2. Total Area: + 675 sq.ft. (Wetland) + 1,437 sq.ft. (Non -Wetland) a. Area Vegetated Wetlands: (Submergent) (Emergent) + 675 sq.ft- b. Area non -vegetated wetlands: (Submergent) (Emergent) r � Z 3. Method(s) to retain materials: 4. Method(s) to prevent erosion: Bulkhead 5. Intended use of fill area: Lawn J B. Dredge or Borrow Area: N/A 1. Dimensions (Length, width, depth): 2. Total Area: I(Wetland) (Non -wetland) a. Area Vegetated Wetlands: (Submergent) (Emergent) _ 3. Quantity of materials to be excavated (cu. yds.) Polluted: Yes No Unknown Pollutants (Apparent Source) 4. Kinds of materials to be excavated (e.g. silt): 5. Intended use of excavated area: 6. Methods of excavation: 7. Will borrow area be backfilled: 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 development): The entire shoreline is bulkheaded a considerable distance on both sides of the proposed uroject. *Many jetties and piers extend into the Pungo River along the project area r 3 D.. Project Operation (if applicable): VI. Habitat Description of Project Site and/or Area of Project Influence (Append Map and Annotated Photos): Area 1 A. Vegetated Wetlands Dredged Filled Other2 s I. Predominant Emergent Species SRartina alterniflora + 675 sq.ft. 2. Predominant Submerged Species B: Non -Vegetated Wetlands 1/ Source of data (i.e., planime ter, estimate, etc.) 2/ Define (e.g. vegetation to be affected by impoundment or dater level manipujation) r C. Fish and shellfish resources (list predominant species and identify their primary use of area, e.g., designation of primary nursery by a state): The project area is not considered a primary nursery area for any commercial species Source of information (i.e., personal observation, literature, etc.): N.C. Division of Marine Fisheries - Washington Office D. Endangered, protected or threatened marine mammal, turtle, or fish species (list species,.source of information and note use of habitat as to M-migration, F-feeding, S-s pawn ing/b reeding): None E. Biological significance of area (describe briefly the importance or relationship of proposed work area to fishery resources in area of project influence, e.g., source of detritus, etc.): The wetland area behind the deteriorated bulkhead is presently being kept mowed, therefore, it's offering very little detrital material to the estuary. Filling the area will result in very little loss of detrital matter and will have a minor impact on marine fishery resources C 5 VI I. Potential direct and indirect effect of environmental alteration on fishery resources and/or their use (Brief Summary): 11 VIII. Project alternatives that could prevent or reduce impact on fishery resources: A. Bold in abeyance (summarize reasons, e.g., not enough information in Public Notice or pending EIS): B. Modifications ,i 1. Design (summarize, e.g., reduced length,width, depth; select different spoil disposal sites, etc.): 2. Operation (summarize, e.g., maximize tidal flushing, water levels, monitoring, etc.): 3. Location (e.g., alternative site): Reconstruct the bulkhead landward of the wetland area that is proposed to be filled r k d 7 IR. Other Comments (i.e., project was discussed with applicant, etc.): The writer met the applicant onsite to discuss the project X. Field Reconnaissance Data: A. Investigator(s) Name Agency David Gossett Office of Coastal Management B. Date of Investigation 5/30/79 time A.M. rZ . c "L;L41 VED DEPARTMENT OF THEARMY 'IUN 29 Wilmington District, Corps of Engineers DIV. 1,f,aR, FISH. Wilmington, North xCarolina 28402 ®��®GF 8 FILL MGT. SAWC079-N-007-000267 — 8 June PUBLIC NOTICE MR. JO}{N 'RIFKSPOOR Route 2, Box 68, Belhaven, North Carolina 27810 has applied for a Department of the R AND BACKFILL A BULKHEAD ON PUNGO RIVER AT SPARROW'S POINT NEAR BELHAVEN, Beaufort County, North Carolina. �— The following description of the proposed work is taken from data submitted by the applicant and obser- vations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show an existing wooden bulkhead extending across approximately 66 feet of the applicant's shoreline. This bulkhead ties into an existing structure on the downstream side and extends up to 32 feet beyond an existing bulkhead on the upstream end. Due to the bulkhead's height above the normal water level and to its somewhat deteriorated state, erosion has occurred to the applicant's property during periods of high wind and water. This erosion has created a 2- to 3-foot high bank landward of the existing bulkhead. The area landward of the existing bulkhead slopes gradually from the eroded bank down to the normal water level at the bulkhead. Approximately 180 square feet of smooth cordgrass has become established just inside of the applicant's bulkhead. Plans call for the repair and backfill of the bulkhead along its existing alignment. Future erosion problems are to be eliminated by increasing the height of the bulkhead above normal water level. The purpose of this work is to repair damages to the applicant's property brought about by erosion. Plans showing the proposed work are included with this public notice. The applicant has determined that this proposal is consistent with the NC Coastal Zone Management Plan and has submitted this determination to the NC Office of Coastal Management for their review and con- currence. The proposal shall also be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the NC Division of Environmental Management. b. The issuance of a Permit to Dredge and/or Fill under NC General Statute 113-229 by the NC Division of Marine Fisheries. C. The issuance of a permit under the NC Coastal Area Management Act (CAMA) by the NC Office of Coastal Management or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under NC General Statute 143-341(4), 146-6, 146-11, and 146-12 by the NC Department of Administration and the NC Council of State. The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordi- nated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective maintenance is undertaken. The District Engineer has made a preliminary determination that an Environmental Impact Statement under Section 102(2)(c) of the National 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 appli- cation. Requests 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 worksite 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 unaware 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 observations, 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 pro- posal 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 outlined above, will be received in this office, ATTN: Mr. Steve Brown or telephone (919) 343-4632 until 4:45 p.m., 23 July 1979, �a,P` A. A. KOPCS Major, Corps of Engineers Acting District Engineer Sa'ia'/S/ ,rinoird'f1�s 30-��3�o�vG1 !N;�rba ddcu s� �fda � ro.�dw 30,E+i v3Of ja O' av��t( I'^ s�� rt- y;r., load r,Vl li.� t ♦ �M � w b-.-d a. �s S;r •,l i cl7d�N � p� ' j, �yl r �T ' t 'rry` •�y 9neglr,b' S; Paaj/. "r9' SN,/fSru3/A/l1 17 ---� 0/ rr 31H7 I 217 A leY 4 0 `•. a y / ti � •bS .yoo� I Y n K 10 11 tvI;Ai SoIf iRfl?lel/-aAArra TF'/nI rrit ( RosS •�c'Cte.r u{ IJPo��aS<ci f� l/(/llai �/i'rf SCALP, �:._ /o' North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary 1 June Mr. Joh Griekspoor Route Box 68 Belha en, North rolina 27810 Subject: Proposed Filling Behind Deteriorated Bulkhead Pungo River Beaufort County Dear Mr. Griekspoor: RECEIVED JUN 4 1n7q CIy. v1,,R.2dH. no-cnrr.-ti rl MGT. 3 This letter is to confirm the conversation between you, Mr. Steve Brown, Corps of Engineers, and me at your property on 30 May 1979. As I stated to you, for you to backfill behind the existing bulkhead, State permits will be required, and as you recall, Mr. Brown stated that a Corps of Engineers permit will also be required.' Enclosed please find application forms for both permits, and a booklet on how to complete them. If you have any questions concerning your proposed project, do not hesitate to contact this office. Sincerely, �P1 � I.i1s��kd- Cam David L. Gossett Environmental Consultant DLG:aht cc: --Tres Pate Steve Brown Linwood Jones Enclosures Washington Regional Office 1502 North Market Street, Washington, N. C. 27989 Telephone 9191946-6481 An Equal Opportunity Affirmative Action Emploper