HomeMy WebLinkAbout133-81 Dennis, Edward,Iry
Permit Class
New
Issued
STATE OF NORTH CAROLINA
Department of Natural Resources and Community
and
Coastal Resources Commission
0
Vamit
for
Major Development in an Area of Environme
Concern pursuant to NCGS 113A-118
aExcavation and/or filling pursuant to NCGS
Edward E. Dennis, P. 0. Box 369, Bethel, NC 27812
authorizing development in Beaufort
as requested in the permittee's application dated received 9/1/81
including attached plat dated.5/14/81.
at
Pamlico Beach
This permit, issued on November 6, 1981 , 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
oerttittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) That all excavated materials be confined above the mean high wader elevation
landward of adequate dikes or other retaining structures to prevent spill—
over of solids into any marsh or surrounding waters.
(2) That in order to protect water quality, runoff from the construction area
must not visibly increase the amount of suspended sediments in adjacent
waters. NOTE: Enforcement personnel will determine an increase as
significant if the measured level of suspended sediments is increased by
25 National Turbidity Units.
This permit action may be appealed by the pemhittee
or other qualified persons within twenty ('_0) 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.
All work must cease when the permit expires on
December 31, 1984
to 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 Permitter
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. 80X 1890
WILMINGTON. NORT 402
RECEIVED
-- IN REPLY REFER TO
SAWC081-N-007-000349 2 November 1981
NOV 3 1981
U 3
� l I
Mr. John Parker S✓
N.C. Department of Natural Resources
and Community Development
PO Box 27687
Raleigh, NC 27611
Dear Mr. Parker:
Reference the application r. Edward E. Dennis or an after -the -fact
Department of the Army permit and basin and connection to
the Pamlico River at Pamlico Beach, Pamlico 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 condition be included in the State authorization:
All excavated materials will be confined above the mean high water elev.ition
landward of adequate dikes or other retaining structures to prevent spillover ,f
solids into any marsh or surrounding waters.
Questions or comments may be addressed to Mr. Steve Brown, telephone (919)
343-4632.
Copy Furnished:
Water Quality Section
Division of Environmental Management
N.C. Department of Natural Resources
and Community Development
PO Box 27687
Raleigh, NC 27611
Office of Coastal Management
N.C. Department of Natural Resources
and Community Development
PO Box 769
Morehead City, NC 28557
Mr. David Gossett
Office of Coastal Management
N.C. Department of Natural Resources
and Community Development
1502 North Market Street
Washington, NC 27889
Sincerely,
CHARLES W. HOLLIS
Chief, Regulatory Branch
National Marine Fisheries Service
NOAA
PO Box 570
Beaufort,, NC 28516
U.S. Environmental Protection Agency
Ecological Review Branch
345 Courtland Street, NE
Atlanta, GA 30308
U.S. Fish and Wildlife Service
310 New Bern Avenue
Raleigh, NC 27601
°FF!CE OF
North Carolina Department of Natural °ASTKerrt7IL acst'-1:
Kenna-... Sta..�-.
Resources &Community Development ,C 27
Boa 27687, Raleigh, N.C. 27611
lew James B. Hunt, Jr., Governor Howard N. Lee. Secretary Telephone 919/733 2293
RECEIVED
4 September 1981
SE� 9 19C1 �
Mr. Kenneth D. Stewart, Director
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Stewart:
The attached copy of an application submitted by:
Edward E. Dennis
Applicant's Name
Pamlico Beach Beaufort
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)...
I . . 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
18 September 1981
Sincerely,
o R. ParkJr
Pe it Coordinator
JRP:ap:812
XX (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 excavated materials be confined on high ground behind adequate dikes or other
retaining structures to prevent sppill-over of solids into any marsh or surrounding waters.
(E) Comments are submitted that do not directly relate
to item B and/or.0 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).
&&J-� � . �Aa
signed
date
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Edward E. Dennis
2. Location of project site Beaufort Countv, Pamlico River. Pamlico Beach Community,
photo number 59-756-9J
3. Investigation type: Dredge & Fill: XX CAMA xx
4. Investigative procedure: (A) Dates of site visit 7/18/8o 5/20/81
(B) Was applicant present yes No
5. Processing procedure: Application received 5 1• r d to Office Washington
applicant 5/21/81; receive 1 81
6. Site description:. (A) Local Land Use Plan uea„Pnrr rnonr*
Land classification from LUP
Development constraints identified in LUP None
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline XX
Coastal wetlands Public trust waters
Estuarine waters xx Other
(C) Water dependent: Yes xx No Other
(D) Intended use: Public Private XX Commercial
(E) Type of waste water treatment: Existing Septic tank
Planned None
(F) Type of structures: Existing Single family dwelling
Planned None
(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
None None
(B) Non -vegetated wetlands:
(C) Other:
Shallow earthen plug + 150 sq.ft.
(D) Total area disturbed:
8. Project summary The applicant is proposing to maintain by excavation the mouth of
an existing basin.. Excavation area will be 15' x 10' x 2' in depth.
9. Narrative description
The applicant owns a 200' x 400' lot adjacent to the Pamlico River, on which is
located a single family dwelling being served by an existing septic tank. The
shoreline is stabilized by riprap. Located on the property is a 160' long by 60'
wide by 18" deep boat basin with a 180' long by 10' wide by 18" deep access channel.
At the location where the channel enters the river the water depths are only several
inches deep in the channel making the basin unusable. The applicant is proposing
to deepen the entrance of the channel by excavating an area 15' long by 10' wide
by 18" to 24" deep. All spoil will be placed on existing highground. Also the
applicant is proposing to bulkhead the sides of the channel and basin to prevent
erosion. The bulkhead will be constructed at the normal water level.
10. Anticipated impacts
The project as proposed should have a minimal environmental impact. No wetland
vegetation will be excavated or filled. Some short term turbidity may exist
during project activity.
Submitted by David L. Gossett Office Washington
Date 4 September 1981
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, 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.
1. Applicant Information
A. Name
B. Address
Dennis
Last
Bethel
City or Town
3dward
First
P.O. Box
Street, P. O. Box or Rout
N. C.
State
Earl
Middle
27812 825-3051
Zip Code Phone
IL Location of Proposed Project:
A. County Beaufort -
B. 1. City, town, community or landmark Pamlico Beach
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
Pamilco Sound
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work S
B. Purpose of excavation or fill
1. Access channel length 151 width 101 depth 21
2. Boat basin length width depth
3. Fill area length width depth
4. Other length width depth
C. 1. Bulkhead length 2001 Average distance waterward of MHW (shoreline) 01
2. Type of bulkhead construction (material) Salt treated
D. Excavated material (total for project)
1. Cubic yards 3 2. Type of material Sand
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards None 2. Type of material None
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area 1. Location adjacent high ground behind pro posed bulkhead 2, Do you claim title to disposal area.r yes
D. Fill material source it lill is to be trucked in None
E. How will excavated material he entrapped and erosion controlled? behind bulkhead then seeded
I . 'I ype of equipment to be used Baekhoe
G. Will marshland be crossed in transporting equipment to project site? It yes, explain NO
D& F-131
V. Intended Use of Project Area (Describe)
A. 1. Private X
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot sizes) 200' x 400'
2. Elevation of lot(s) above mean high water 5-10' lot not level
3. Soil type and texture Sandy
4. Type of building facilities or structures 1 house 2b' x45' — Private Dwelling
Boat house 131x26' plmood
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe spetic tank
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. 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 None
3. Location of discharge None
VII. Present rate of shoreline erosion (if known):
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: SAIFKS 75-07-12-431
IX. Length of time required to complete project: 1 Year
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 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
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.
Billy Dail Greenville
Jessie Tart Greenville
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinals approved coastal management program and will be conducted in a
manner consistent with such program.
XI1. 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, f /
DATE r f'f-el '� i{'�/ ( if-��/" /�-•�-c�c-�
Applicant's Signature
D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
ern I WMK r
o17ER.. h,E cabs ser"*J&K V
An
a'
CuvES :
�i
PROJECT
"OOPO%D XIA16 REmomL
llrl� LOAMEL iva
"� uka -gIom.ckemcl
PAMLICO RIVER (5*90v -i,
VROTOSEEN fVEW 13OPlT BRSIN
N,1D CRAKNEL CopX.'TrUC-TION
'84
ED�.�HeO EAQI -D.NN IS
-C-r" i - bo' vasE 5-14-„
WgWN vu. ED Mf i N %% , d0..
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402
m ner�r ner en w
SAWC081-N-007-000349
Mr. Edward E. Dennis
PO Box 369
Bethel, NC 27812
Dear Mr. Dennis:
14 September 1981
After extensive coordination between North Carolina and Federal agencies,
a general permit No. SAWC080-N-000-000291 (inclosure 1) was issued on
27 January 1981, by Colonel Robert K. Hughes, Commander and 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 Certifi-
cation."
A review of your application received 2 September 1981 for a Department of
the Army permit to authorize connection of your existing basin to Pamlico
River (after -the -fact) and excavation of the connection to a depth of 18
inches at normal water indicates that your proposal is a candidate for
Federal authorization under this general permit. Accordingly, the
procen o�sN.C. Office of
Coastal Management.
In this process, the N.C. 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:
1. There is an unresolved objection from any Federal agency.
2. 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 (N.C.
Division of Environmental Management) must certify that the discharge will
not violate applicable Water Quality Standards.
SAWC081-N-007-000349
Mr. Edward E. Dennis
14 September 1981
3. 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.
4. 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 notified 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. SAWC081-N-007-000349 and
will be coordinated by Mr. Steve Brown, telephone (919) 343-46:32. He is
available to address questions or comments you may have.
1 Incl
As stated
Copy Furnished:
Office of Coastal Management
N.C. Department of Natural Resources
and Community Development
PO Box 27687
Raleigh, NC 27611
Water Quality Section
Division of Environmental
Management
N.C. Department of Natural
and Community Development
PO Box 27687
Raleigh, NC 27611
Sincerely,
CHARLES W. HOLLIS
Chief, Regulatory Functions Branch
U.S. Fish and Wildlife Service
310 New Bern Avenue
Raleigh, NC 27601
National Marine Fisheries Service
NOAA
PO Box 570
Beaufort, NC 28516
Resources U.S. Environmental Protection Agency
Ecological Review Branch
345 Courtland Street, NE
Atlanta, GA 30308
Office of Coastal Management
N.C. Department of Natural Resources
and Community Development
PO Box 769
Morehead City, NC 28557
2