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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