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HomeMy WebLinkAbout48-88 Derrick, JackPermit Class New STATE OF NORTH CAROLINA Department of Natural AesBtnd,Community Development a a 229 Permit Number 48-88 23 1988 ------{--------------- Issuedto Jack H. Derrick, et al., 1105 Vance Drive Tarboro NC 27886 authorizing development in Beaufort County at the Pamlico River off of SR 1739/1740 at Rest Haven Subd. east of Bath as requested in the permittee's application dated 1 /13/88 including 2 attachments and 3 Pl)antsd sheets 1-3 of 3 dated 1/12/88 This permit, issued onT�/ b D , 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) The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. (2) The riprap material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. (3) No vegetated wetlands will be filled. (4) Prior to placement of the riprap, a representative of the Division of Coastal Management will be contacted to stake the waterward limit that the material can extend. (5) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction -related discharge. NOTE: The proposed project is certified under General Water Quality Certification No. 1664 issued on September 8, 1983, for Rip -Rap Placement. This permit action may be appealed by the permittee 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 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, 1991 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. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ---------------------- State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary 20 January 1988 Mr. John R. Parker, Jr., Chief Major Permits Processing Section Division of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: The attached copy of an application submitted by: Jack H. Derrick Applicant's Name David W. Owens Director Rest Haven Subdivision Beaufort County Location of ProjectCounty — 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 CAMA major development permit (only) .... for a dredge and fill permit (only) .... has been reviewed by this District Office and is being forwarded to you along with a Field Investigation Report for further application processing, including circulation to State agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Office is covered on the reverse side; x attached; will be forward—ea-Tater. Sincerely, Terry Moore, Manager Washington District P.O. Box 27687, Rakigh, North Carolina 27611-7687 Te coh 919-733-2293 An Equal Oppommity Affinnathe Action Employer X (A) This office has no objection to the project as proposed. (B) This office has no comment on the project as proposed. (C) This office approves of the project (or project concept) and/or recommends these minor refinements for project management. (See Attached Sheet) (D) This office objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)(1) ... that there will be significant (e)(2) ... that there will be signifi- adverse effect of the proposed dredg- cant adverse effect on the value ing ad filling on the use of the and enjoyment of the property of water by the public; any riparian owners; (e)(3) ... that there will be significant (e)(4) ... that there will be signifi- adverse effect on public health, cant adverse effect on the con - safety, and welfare; servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries. (2) Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site rule. (3) Inconsistency with the local Land Use Plan (please elaborate). (4) Inconsistency with Rules, Guidelines, or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that support findings relating to D1-4; or provide general comments. Signature a Jack H. >s' Beaufort County CONDITIONS - (1) The riprap will not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. (2) 9he riprap material must be free from loose dirt or any other pollutant in other than trace quantities. (3) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. (4) Prior to placement of the riprap a representative of the Division of Coastal Management will be contacted to stake the waterward limit that the material can extend. Joe Lassiter - Washington Office - 20 January 1988 OFFICE OF -COASTAL MANAGEMENT�v;h FIELD INVESTIGATION REPORT I. Applicant's name `Jack H. Derrick 2 Location of project site Beaufort 'County,'Rest Haden,-Subdi'vi'sii Dredge"8-Fi11'> ''X'':': o Application received '•'1 Land classification from LP Development constraintq ide KMTM LUPp rvone _ r-�- AEC(e) involved: Ocean HazardEstuarine shoreline Coastal wetlands",-' Public trust waters Estuarine waters.'" X Other Water dependent: Yes No X Other Intended use: Public Private X Commercial Type of wastewater treatment: Existing, -Single unit septic tanks Planned None (F) Type of. structures: Existing. 3 single family dwellings, bulkhead, pier Planned None (G) Estimated annual rate of erosion 0 Source Application 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other N/A (B) Non -vegetated wetlands: N/A (C) Other: Estuarine waters 0 1,125 sq.ft. (D) Total area disturbed: 1,125 sq.ft. 8. Project summary Applicant proposes to place riprap in front of an existing wooden bulk- head in estuarine waters of the Pamlico River 225' x 5' in front of three single family dwellings. Environmental setting �� ��yl,�n5*yne�l�N• -rya a: n, �� iry s .... . ,�,., _ _ ,.vr � �2ra�.e at+-,c',ys, q�i'zg'a r. ... The project is proposed for shoreline on nv',.°tii... .: . the north side of the'pamlico River in the Rest'Haven.Subdivision. The riprap will extend 225' in front of existing bulk a and,.three„single family cottages ..The highground property is residential , sheaduiq r�4lawn's4with pinesand hardwoods. Water bottan is hard sand:'-: No ,primarytmrseiy' kareas;>present: No wetlands present. m,_� -arcs existnng wooeen nuime ';Will. be ; used. No digging the Wuoclen bulkhead and t Envirofinmtal impact o place riprap 225!�Iong by 5'- wide"faith filter-tloth'-against p id that runs -Arf -front- of the is proposed. The'project is being undertaken to stabilize reduce damaging wave action against the bulkhead. The riprap will cover 5 feet of shallow water bottom, although the rock itself will create.a different type of habitat. I would not anticipate significant harm to the impacted resource. Joe Iassiter - Washington Office - 20 January 1988 j°>>,S�Q Byrd oo»oa ° ISO >a�e >o >\\`3 ae o>v> \e. oe sip 021e[-ooaN Ci'�L ScJL >° s ova J, aol IL vqv O'� vN2 Ste`\eo01,2 Cl aJ 'J o btiti``3�l•S Q�dJ 011� ea>`a IS yak oaya>`�b a� .,y�ry .,...K.. Please type or print. Carefully describe all an- d. Describe the planned use of the project. ticipated development activities, including construc- Summer residences ?a, tion excavation filling, paving land clearing and. „ I ot relevant to plicable)Atems City State Zip _ IDay phone; ----t.. _ _ R LandowneryeK & X Authorized agent Project name (if any) None..., If the applicant is not the landowner, also give the nwner'c name and o i irncc a. Street address or secondary road number NCSR 1739/1740 b. City, town, community, or landmark Rest Haven Subd. east of Bath c. County Beaufort d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Pamlico River DFSGi�x w-� �F� a � I 0NFAN)PPI,ANL+SPD - �USF.�OF��. ROPOSEQ 'ROJ�@T� a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Placement of filter cloth and stone along existing bulkhead If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an ex- isting project, new work, or both? Maintenance of existing bulkhead c. Will the project be for community, private, or commercial use? Private a.; Stu .- b. Sizc UV XLLJ q, or Na7-5 ' x22_ ,_ - tional Geodetic Vertical Datum 2.5' to 8. 0' d. Soil type(s) and texture(s) of tract Mixed sand and clay e.'Vegetation .on tract Lawn grasses, pines and other trees - f. Man-made features now on tract 3 dwelling houses.-3 pump -houses, small storag g. What is the CAMA Land Use Plan Classifica- bldgs tion of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Not zoned i. How are adjacent waters classified?N_/A j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? N/A Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed None b. Number of lots or parcels 3 c. Density (Give the number of residential units and the units per acre.) N/A d. Size of area to be graded or disturbed Non e e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? _N/A f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as pavement, buildings, or rooftops. None g. List the materials, such as marl, paver stone, > " asphalt, or concrete, to be used for paved surfaces..- N/A leha's'a stormwater submitted to the Di in of En b. Amount of material to beyexcavated from ,_+ below water level in' cubic yards N/A r $ c. Type of material N/A-.,r° [: - d: Does the7area to be feccavated'include match a land, swamps; other wetlands? N/A 5 e. High ground `ei cavati'on in, cubic yards .:water treatment facilities.'-n I h.. Do you claim^t Have these facilities received state -or local , If not, attach a approval? �_ .. the owner. �^ Describe existing treatment facilities... -_ .^ . i.. Will a disposal. c¢..LL 1GJ 1LLC111.:C ,1 Describe location and type of discharges to; waters of the state (for example surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). N/A m. Water supply source N/A Individual wells n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). None proposegength Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW If so, whe j. Does the. iosal area?: A'_ ipermission.fro= milable for future. Jude any marshland, ?-•N/A :.. i. k. Will the fill'matenal be placed below mean } high water? 1. Amount otfill in cubic, yams N/A m. Type of fill material • '"' '` ` N/A n. Source of fill material N/A o. Will fill material be placed on marsh or other wetlands? N/A p. Dimensions. of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? N/A r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? N / A s. Will wetlands be crossed in transporting equip- ment to the project site? No If yes, explain the steps that will be taken to lessen en- vironmental impacts. N/A 11 S a. Length of bulkhead or rips 225' See attached b. Average distance waterward of mean high water or normal water level 5. 0 ' c. Shoreline erosion during preceding 12 months, in feet None, presently bulkheaded d. Type of bulkhead material Wood e. Amount of fill, in cubic yards, to be placed below mean high water 102 f. Type of fill material Stone Upland fill areas , a; , In addition to the completed,application form; the - following items must be submitted: A copy of the deed (with rate, application only) or, 4 mother tn'strument under which,the'applicant claiiiii K1 rule to -the affected property. If the applicant is` not t claiming to be the owner of said property, then ward a copy of the deed or other instrument under _,"N ^=which the owner claims°title;plus'writtenpermis=+ ry "sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 lh x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). th Name_ Address A' list of previous state or federal permits issued for work on the project tract. Include permit `numbers, permittee, and issuing dates. check.for $100 made payable to the Depart- :nt of Natuial °Rees sourc"and.Community j .velopment to -cover the costs of processing the placation " .K signed AEC hazard notice for_projects: in ocean=""'" ; ant and inlet "aieai. - F A statement on the use of public funds. If the project involves the expenditure of public funds, at- `; tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is th i.i-' day of J621,0k 19 agent Send t completed application materials to the Divisiqrftf Coastal Management Office nearest you and tlV U.S. Army Corps of Engineers. See the map on the inside front cover for the. appropriate DCM office and addresses and phone number. ATTACHMENT TO APPLICATION_. FOR, PERMITS TO-DEVELOP,IN, NORTH CAROLINA'S COASTAL 1 a. All of the landowners of parcels A, B, and C as shown' on drawing sheet 1 of 3 are applicants. Jack H.' Derrick, who is one of the landowners and applicants, is also acting as -- >.-.• agent for all of. the• other- applicants.—The...applicants,..are.....:..:.-.,.,., t....: as -follows: . Jack H. Derrick and Dagmar B. Derrick 1105 Vance Drive Tarboro, North Carolina 27886 (919) 823-9621 Mildred E. Derrick 1506 East Moore Street Valdosta, Georgia 31601 (912) 333-5802 Fred W. Derrick and Deborah S. Derrick 12055 Little Patuxent Parkway Columbia, Maryland 21044 (301) 323-1010 extension 2721 Parcel B Robert H. Bilbro and Carol W. Bilbro 4715 Pamlico Drive Raleigh, North Carolina 27609 (919) 782-1806 William Kearns Davis and Myrtie B. Davis Post Office Box 49 Winston Salem, North Carolina 27102 ' (919) 722-3700 Parcel C David Lawrence Morrill and Olive Mixon Morrill Post Office Box 36 Falkland, North Carolina 27827 (919) 752-1840 7 a. As shown on the attached drawing sheet 1 of 3,' the bulkhead in question is 225' long directly facing the river. At the east end of Parcel C the bulkhead turns 900 and. runs--., ina'general r ;- northeasterly direction an additional distance''o'f' a'ppioximately 601. The application sought is to place filter cloth and stone'' along the entire 225' length of bulkhead directly facing then Pamlico River and to turn and placefilter- cloth;and,stone.-,along the bulkhead to or toward the shoreline along the eastern end of Parcel C as shown on the attached drawing. 6.0 /iauenr &ai^or)t Co"i'l, N. C. — Pr�roposed �kw "enf e-' -PIA- c%i/i t Scene A/anS exlsfi j bk1kheod in✓ ma;r,ter,anee PNrposex .Seale : P(�-.VO,; I%Tpr eanA A. Tae-k h% Perr.-4 ei tx, ci a� : Ste S/iell A' cF I yo✓ Lo ./ole% �f� o� a�, /: car �f %.Au n� p 2 fared Ly sheet 1 u f 3 AI/ fTYNCTNve1 exis)-nj - 1,b neW f k✓N a" ref a "Po Led Scale.. 0- So, µ-tC7 to. �;Q a ol v 0 9 lte:,e /J pu.p0 L/wolll nS 4bove -/-pop slWe 410 49/A o-P Pry 0 le,. Kol 4✓tQ h �y� Q be E:'lled rLo r Z,S'rl, ewj's n klk�ead (( le�ng lh of prajatl' - plece.nr..l' o� � rNe✓CIAd Sil, a ✓opeS r1s( alan9-Z,UTA%ns\ enHr,e len9ri eFp ex;sPo? h4lkbrad� In.r,`.%� n� Ifex tava�i e.-. 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