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HomeMy WebLinkAbout146-76 Doerter, Carlis RcQul T r State of North Carolina Department of Natural and Economic Resources PERMIT TO EXCAVATE AND/OR FILL (Re: G. S. 113-229) NQ i Permit No. 146-76 Permit Class Issued to: Carl R. Doerter NEW 421 Cardinal Drive, Goldsboro, North Carolina 27530 This permit authorizes excavation and/or fill work in Hyde County, N. C. at Germantown Bay (end of SR 1140) as requested in the permittee's application dated 6/30/76 & attached plats, 2, no date subject to the conditions set forth below. (1) That all excavated materials be confined on high ground behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters. (2) That no excavated or fill material be placed at any time in any marsh or waters of the state outside of the alignment of the fill area indicated nL the plat. (3) That in order to protect juvenile shrimp populations, no excavation or filling will be.permitted between the dates of April 1 through September of any year without the prior approval of the Division of Marine Fisherie (4) That fill material to be placed behind the bulkhead be stabilized with a vegetative cover or by some other appropriate means within four weeks after completion of the filling activity. (5) That all spoil and disturbed areas be stabilized within four weeks after the land disturbing activities in order to restrict erosion into adjacent waters. (6) That the work be conducted in such a manner as to prevent significant increases in turbidity outside of the area of construction (increases of 25 JTU's or less are not considered significant). THAT 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. 113-229 (K) AND (L). That this permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure to submit such objection shall be interpreted as an agreement of compliance with all permit conditions. That this permit must be displayed along with a copy of the application and the project plat in the cab (or pilot -house) of the equipment working on the project, or be easily accessible, on site, to Department person- nel when the project is inspected. That any maintenance work or project modification requires further Departmental approval. Subject to permit renewal, all work must cease when permit terminates. This permit terminates on December 34 1978 .1 Q��$ Issuing Date: August 17, 1976 , Signed by the authority of the Secretary of the Depart�me t of Natural & Econo %'cc Resources oe 3 Form D&F-g Revised 3/76 Edward G. McCoy Diiector Division of Marine Fisheries NERNorth Carolina Department of Natural & Economic Resources JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY July 19, 1976 Date Mr. James T. Brown, Chief Estuarine Studies Section Division of Marine Fisheries Box 769 Morehead City, North Carolina 28557 Dear Mr. Brown: The attached copy of an application submitted by: Carl R. 42oerter plicant's Name DIVISION OF MARINE FISHERIES EDWARD G. MtCOY DIRECTOR BOX 27687, RALEIGH 27611 TELEPHONE 919 829-3767 Germantown Bay - Hyde County Location of Project County for a state permit to perform excavation and/or fill work in coastal North Carolina 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 to the Division of Marine Fisheries not later than ENTIRE FILE ATTACHED. Note: Sincerely, Doerter responded to your form c� letter of 7-2 by sending to us his app. and plats - and deed. Bi w L. Leo Tilley, Assistant Director Division of Marine Fisheries LLT:dah (Please use reverse side for comments and signature.) CI (A) This agency interposes no objection to the proposed work. ❑ (B) 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) Agency findings relating to item(s) A and/or B are hereby detailed. ❑ Detailed comments continued on attached sheet. No objections with the following conditions: (1) That all excavated materials be confined on high ground behind adequate dikes or other retaining structures to prevent spill -over of solids into any marsh or surrounding waters; (2) That no excavated or fill material be placed at any time in any marsh or waters of the state outside of the aligbment of the fill area indicated on the plat; (3) That in order to protect juvenile shrimp populations, no excavation or filling will be permittdd between the dates of April 1 through September 30 of any year without the prior approval of the Div. of Marine Fisheries. ❑ (D) Comments are submitted that do not directly relate to item B but are relevant to the public interest. (These comments will be for- warded by the Department of Natural and Economic Resources to appropriate State or Federal agencies.) J. T. Brown Signed 7-19-76 Date Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 July 19, 1976 MEMORANDUM TO - Jim Brown From R. D. Nelson Subject App. for State permit - Carl R. Doerter 6-30-76 Location - Hyde County - Germantown Bay at the end of SR 1140 Investigative process - Site investigated 4-8-76; app. rec. 7-2-76 in Raleigh. Modification requested 7-2-76 from Raleigh. App. rec. Morehead 7-12-76. Environmental setting - The project site is located at the end of SR 1140 near the head of Germantown Bay. The overall site is a lot lying on the east side of SR 1140, and fronting on the upper end of Germantown Bay. The lot is vegetated by various grasses, shrubs and underbrush with some hardwood trees and evergreens. Adjacent to the shoreline, the water's edge is covered by old shell piles and various types of debris. Very little marsh is present along the shoreline in the immediate vicinity of the proposed project. The nearshore area adjacent to the site is covered with oyster shells over what appears to be a mud -sand substrate. No submerged aquatic vegetation was in evidence at the time of the on -site investi- gation. Project description - The applicant proposes to construct an oyster processing fa- cility at this site. In association with the facility will be a dock and bulkhead. The bulkhead will run some 222' along the south side of the property, and is to.be constructed at the mean high water line. Immediately offshore of the bulkhead, the applicant plans to excavate a boat basin measuring 2122' long by 40' wide to a depth of 6' MLW. Approximately 11,000 cu.yds. of sand, shells and silt material will be removed and deposited on the high land immediately behind the proposed bulk- head. The overall site will be increased in elevation from its present 3' to appro- ximately 7' at its highest point near the middle of the lot. A seafood processing plant will be constructed immediately behind the bulkhead on the highland. Environmental impact - If the project is constructed as proposed, approximately 8M sq. ft. of sand, shell and mud habitat will be excavated. No marsh grass will be excavated as a result of this project. The overall bottom substrate should return to near normal within a relatively short time following construction. Some short- term turbidity will result during project excavation. R. D. Nelson APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL State of North Carolina y�{l�"� fry . Department of the Army Department of Natural and Economic Resources y. Corps of Engineers, Wilmington District (Re: GS 113-229) !(() a I970 (Re: River and Harbor Act of 1899) Please type or print and fill in all blanks. If the information requested is not applicable, so indicate by placing N/A in the blank. Applicant Information: A. Name OIV. OF MARINE FISHERIES 2 0214RL B. Address "_- --- (--1J-�treeio�z'o`r-itoute "------- o City or own City or State Zip Code Phone II. Location of Pro o ed Pr t: -0—T A. County_ o eccf 1 C — 5/2/ ( B. 1. City, town, community or landmark R/7711lf7-6 j / -_-- 2. Is proposed work within city limits? Yes No—X--- C. reek, river, sound or bay upon which project is located or nearest named body of water to project6EAMAM TOW r� Neflk LND bF S. it q. III. Description of Operation: A. I. Maintenance of existing project 2. New work B. Purpose of excavation or fill 1. Access channel length- wid 2. Boat basin length —2/or4S7- wid 3. Fill area 4. Other length width _depth C. 1. Bulkhead dimensions a, � ? x / I ? 2. Type of bulkhead construction (material) TQ629 DD D. Excavated material (tot'a/l for ro ec ) 1. Cubic yards— 2. Type of material —C�ANJ) /S4j (- E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards IVO /t/E 2. Type of material IV. Land Type, Excavated Material, and Construction Equipment: A. Does the area to be excavated include any marshland? Yes _No—& B. Does the disposal area include any marshland? YesNo x_ C. Disposal area 1. Location CLAKM661J L Vl !� <f) 11&&W 2. Do you claim title to disposal area? _, )! €S D. Fill material source if fill is to be trucked in E. How w�i.1�1 excavated material be entrapped or encased? "6 X6991) 00C'72 Yil-RD 15t26X C�E/f/it1 a t�.E�9 F. Type of equipment to be used G. Will marshland be crossed in transporting equipment to project site? (If yes, explain) Al Q V. Describe Intended Use of Project Area: FA 1. Private _ 2. Commercial ovs/Mcc6C i 3. Housing Development or Industrial 4. Other D& F-B7 R.., zna B. 1 . Lot 6''utu'X G y_g'X-a--5,a�x ms,- 6 `10= $ VC( tkQ& 2. Elevation of lot(s) above mean high water C2 3. Soil type or tcxturc b1A? Y-SNCz(- 1n1X7VVC- to old¢ / �J F 4. Type of building facilities or structures ME W6. ��1N/Iq A* T 5. Method of sewage disposal or treatment,-S—lLG_7_F}&l.C_felR T/ 1✓ /tJf}S7E Aeon-CSS wRrt r3 IL�cw; — 4�Q�C���t:,_ i�1�5_P_m 0- 9 VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes_NoA,— B, I. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? YesX,--No_ ti 2. Type of discharge tMOCC-$S Tt,R \ KtEY TW Q 3. Location of discharge Sit Ind � pl�iJ VII. Present rate of shoreline erosion (if known): UN t&N(OW.V 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: A/ONL IX. Length of time required for project activity: Af- /JK5 X. In addition to the completed application form, the following items must be provided: A. Attached a copy of the deed (with to e a lication 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. (Note: Federal law requires the applicant to be the owner or his designated agent). B. Attach an accurate work plat drawn to scale on 'z" 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 rut stered o certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served ' 3G� / Such owners have 30 days in which to submit comments to agencies listed below. D. List the names and complete addresses of the riparian landowners with property adjoining applicant's tract. DATE (, `30— %.4_ Send one completed copy each to: Permit Section Division of Marine Fisheries Department of Natural & Economic Resources P. O. Box 27687 Raleigh, North Carolina 27611 Ph. 919-829-3767 Applicant's Signature District Engineer Department of the Army Wilmington District Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28401 (Note: attach Corps cover letter) Ph.919-763-9971 Ext.565 D&F-B2 Rev. 3/74 -7� TOP OF Pi?C{POSEQA �--� EAIM Z - NZ Of-A,)4k. N It 1 6' PRO�oSeb PRoTECi AFPTH CRoss Stcnon! Ra KNFAD �!1()RRIS� SLAT i�Lf1� I , ((I - r r. �rCkif}AHTpW//�y aay PRo M f_ea�Gs ns�$. NAN PA fl7fiiau�D t f Fob 1-4 r a ALP, D c rig I i. cow N07t : HPPRoxrrAAre4' //, 33+ 9 JJ _ PPt�PnsED__ Nr'ul Q1a.tEr -- IDE PO s i O <SENin 4 qut-a ao9b.5 HOCASt -,(�uL.KHI AO ANO DOCK-. O,.i t4,gH G/RduNj�-Ovafz LOT CAgi + -Qa RTFR. 62CA AS SNnWN Onf /,ITTAtN60 Gemm�ara N -1yoc _Cry, S H E-E TS , 1 a ' P.1/C. Cn° Al A - 4&km,.. A^,-ec r: "f 6 -. ice,:_ ✓t 1., rA��?fii^'� ' MEMORANDUM TO From Subject - John Parker R. D. Nelson Mod, request State Permit 146-76 Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 November 7, 1977 r Carl R. Doerter We have received a copy of the attached letter to the Corps from Mr. Doerter requesting a modification of Federal permit cited. In a recent conversation, Mr. Doerter indicated he would also like to modify the existing State Permit 146-76. When I investigated the site September 3, 1977, I found that the excavation had already been completed. Inspector Linwood E. Jones will probably issue a cita- tion within the next few days. As soon as the court case is cleared up, we can process the request for an extension of the bulkhead indicated on the plat. The bulkhead will probably need to be constructed approximately 3' beyond the normal MHW line because of the presence of oyster shells which must be avoided._ I sug- gest that you write Mr. Doerter a letter to the effect that we will hold his re- quest in abeyance until all possible legal action is cleared up in the matter. Thank you. Doug Nelson CC Corps of Engineers OYSTERS SEA SCALLOPS SHRIMP FISH CRAB ''TV, _! Pp". , J. 0y3t." " Homer Johnstone, Col. CE Department of the Army Corps of Engineers Wilmington, North Carolina RE: Dear Colonel Johnstone, Vv� ## SAWC076-N-04)8-123-1007 Please find attached a modified drawing showing the detail of some additional excavation and bulkhead work that must be done in order to insure continued growth of our business. We are most interested in securing a modification to our present permit to allow this needed work. Please be assured that all restrictions and guidelines Will be adhered to. For clarification, this is simply an extension of the work already completed. Please feel free to contact me by mail or in person at the above address to answer any questions that may arise. you in advance, I am, Car] R Doorter, Pres'dent CRD/c . ' / Enc. +,OS n7 s 01 .. dOd , a 1 Ni1Y. rlr�'Q�v v m aSi�L~MOb:YN ..- i �I tiV111 �1V �•_!�._ .1 �� North Carolina Department of Natural & Economic Resources JAMES E..HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY Mr. Carl R. Doerter 421 Cardinal Drive Goldsboro, N. C.27530 Dear Mr. Doerter: DIVISION OF MARINE FISHERIES EDWARD G. McOOY DIRECTOR BOX 769. MOREHEAD CITY 28557 TELEPHONE 919 726-7021 August 23, 1976 At your request, Mr. Connel Purvis sampled the area proposed for exca- vation under your Permit No. 146-76. The sampling report reveals that shrimp populations are not now present in sufficient quantities to warrant the time limit placed on your permit as Condition No. 3. We are, therefore, deleting the restriction which prohibits excavation between April 1 through September 30. It should be noted that this deviation from permit condition is for 1976 calendar year only. By copy of this letter, I am informing the Corps of Engineers and our Law Enforcement Section of our decision. If we can be of further assistance in this matter, don't hesitate to contact me. Cordially yours, R. D. Nelson, -' Environmental Consultant RDN/rt CC Corps of Engineers Law Enf., Insp. Shannon = V%_1 7 • ~�6 AMERICAS DEPARTMENT OF WILMINGTON DISTR&T G0 UA IN REPLY REFER TO SAWC078—N-048-023-0035 JUL 2z �yiy ' pIV. t,�AR• FISH. pREDGE & fill MGT. Mr. Carl PO Box 25 Doerter Scranton, NC 27875 25 July 1979 Dear Mr. Doerter: In accordance with the written est o 7 Octo er 1977 and the ensuing administrative record, there is inclosed n after -the -fact permit authorizing excavation of previously completed and to authorize the construction of a bulkhead with backfill on Germantown Bay near Germantown, Hyde County, North Carolina. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office. Such action is necessary as revised plans must be reviewed and the permit modified. Please carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: 1. You must complete your work on or before 31 December 1981. 2. You must notify this office in advance as to when you intend to commence and complete work. 3. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. The inclosed Notice of Authorization, ENG Form 4336, must be conspicu- ously displayed at your worksite. 2 Incl 1. Permit 2. ENG Form 4336 Sincerely yours, A. A. KOPCSAK Major, Corps of Engineers Acting District Engineer A C tt7 u C SAWC078-N-048-023-0035 Mr. Carl R. Doerter BCF w/Incl 1: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, VA 23510 2 25 July 1979 BCF w/Sp. Cond. and Plan: Mr. R. D. Nelson NC Division of Marine Fisheries PO Box 769 Morehead City, NC 28557 MAINTENANCE DRED ING: (1) That when the work authoriae®hemin includes periodic maintenance dredging, It maybe performed under this permit for �-� years from the date of issuance of this permit (ten years unless otherwise indicated); and (2) That the X permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. II. Special Conditions (Here list conditions relating specifically to the proposed structure or work authorized by this permit): 1. The permittee will stake and flag the proposed bulkhead alignment. This alignment must be approved by a representative of the Corps of Engineers prior to any active construction. . • .. . 2. That all excavated materials be confined on high ground behind adequate dikes or other retaining structures to.prevent spill -over of solids into any marsh or surrounding waters. 3. That no excavated or fill material be placed at any time in any marsh or waters of the State outside of the alignment of the fill area indicated on the plat. 4. That in order to protect juvenile shrimp populations, no excavation or filling will be permitted between the dates of'April 1 through September 30 of any year without the prior approval of the Division of Marine Fisheries. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. PERMITTEE CARL R. DOERTER- BY AUTHORITY OF THE SECRETARY OF THE ARMY: DATE DATE DISTRICT ENGINEER, US. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and cond:-ions of this permit. TRANSFEREE �. DATE r v C f; r SAW sGeAwro�l � o '0 LL 51L � II5'i d . Il GAWRI'-Il SCA 1 00T-) P. , 1 opo' t3 Sco F�C4 or 0� AA Slot+ u Ipc' i of i