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HomeMy WebLinkAbout103-96 Minor Mod Rhodes, EarlPermit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environment. Health & Natural Resources and Coastal Resources Commission �Prmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 103-96 ti JUL 1 0 1997 Issued to T. Earl Rhodes, Route 2. Box 199E, Columbia. NC 27925 authorizing development in Tyrrell County at Scunnerriong River, end of River Neck Road (SR 1211) near Columbia , as requested in the permittee's application dated letter dated 5/11/97 including attached worknlan drawings, 2, dated 5/11/97. This permit, issued on 7 — 3 — 4 % , 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 be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This minor modification authorizes the 60 foot extension of the two previously authorized rock jetties and the additional dredging between these jetties. These activities must be performed in compliance with the attached workplan drawings. 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) In lieu of the dredge moratorium, the permittee may choose to place a turbidity curtain or boom across the waterward end of the newly constructed jetties. These sedimentation control devices must be in place prior to the initiation of any dredging, and shall remain in place for the duration of the dredge activities. (See attached sheet for Additional Conditions) 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, 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemittee T. Earl Rhodes ADDITIONAL CONDITIONS Permit#103-96 Page 2 of 2 4) This minor modification must be attached to the original of permit no. 103-96, which was issued on 7/3/96, and both documents must be readily available on site when a Division representative inspects the project for compliance. All stipulations and conditions of the original permit remain in force under this modification unless altered herein. State of North Carolina Department of Environment, WA Health and Natural Resources 1 •0 Division of Coastal Management � James B. Hunt, Jr., Governor ILp E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director July 7, 1997 Mr. T. Earl Rhodes Route 2, Box 199E Columbia, NC 27925 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work in However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John R. Parker, Jr. . Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%`- -C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/l0% post -consumer paper 1 -<----_.... K --- /oo: TO � Itle \a�l`� r 7 T r� r � M47 XrsT/NG n3Di f I �r�si \,lellarr] SibI s h' T.Q I I /I TfOmitjc�' 41- -a v cljj55jj: pA,)i(n 'fv . . -,p- RAp I . Clt -! .YgJ - q-rvrs-1 VTW Form DCM-'MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Mr. d Mrs. � '�hr� Name T. Ear e5 Addresses _IIISi . a .LX3X I qq E City_l1�lW'Y LState N.C. Zip &�A Z Day Phone - r1 i I Fait N At ' b. Authorized Agent: Name N/A Address NIA City NIP, State v 1 A _ Zip Day Phone Fax c. Project name (if any) If /Pr NOTE. Permit will be issued in name ojlmidowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT ((11 a. County. I v rM b. City, town, communi or landmark 1 River Uer`� r.ornm m& c. Street address or secondary road number sA la►► d. Is proposed work, within city ylimits or planning jurisdiction? Yes -}--No—r e. Name of body of water nearest project (e.g. river, creek, sound, bay) ScuOtJerr4r-WV r Ver 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT . a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. acid iwo AA,, Qo - rock am b. Is the proposed activity maintenance of an existing project, new work, or both? 1p� c. Will the project be for public, private or commercial use? Dr; vni 2 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 'Tke. - nna7,ji e gce oFcnrtal is woy�ld' be."dome. -U clroN�ke slime is VAS _l . -Me mrK :'khoe,Plao';mqU class r+% Sel}te5. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract a 3 ..3 0 ± " 6LCMS b. Size of individual lot(s) 0A. c. Approximate elevation of tract above MHW or NWL t 3.0 d. Soil type(s) and texture(s) of tract ( iaT loom i saNA e. Vegetation on tract Rrues o Q0IC0s C14nrRS4 IQWN Q1msee s lei -lewd nrasteS m f. Man-made features now on tract 14AI lsei labor �VtF!i �jnrnl� cirni� rt �1� oit f g. What is the CAMA Land Use Plan land classification of the site? (Cansud' the local lord we pkn.) Conservation Transitional "Developed ` )C -Community {Zes."Ml 'Rural Other h. How is the tract zoned by local government? No,�t3 i. Is the proposed project consistent with the applicable �INzoning? Yes No l (Anach zoning conrliance ceriifrcate, if applicable), j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. • Is the project located - in a National Registered Historic •-District or -does it • involve a -National :.Register listed or eligible property? Yes X No - I.' Are there wetlands'on the site? Yes No Coastal '(marsh) Other meededuie}WXd If yes, -has a delineation been conducted? - ro . , (Anach documentation, if ovailable). in Describe existin wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Uri. a r-,X^OY� o. Describe existing drinking water supply source. Ca,Niv ll)a-F�( 5.. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy or the deed (with state application only) or other. instrument under which the applicant claims title to the affected properties. If. the 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. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 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 an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name bePE. a 1 • Y APr-l'.i�Y 11 U 1 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CQ�0. T. Earl Rhodes LIZ-% • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed 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 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 application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the ' day of //_, 19-2� Print Name Signature Zmdow r or Authorized gent Please indicate attachments pertaining to your proposed project. ✓ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form- DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access . channel oko Canal Boat basin Boat ramp Ca,+a.l Rock N,W+6 Side ' groin Sail, side Rock breakwater Other (Excluding shoreline stabilization) Average Final Existhig Project Lenath Width Depth ' Depth • 1?' Bet ♦ a Top fi'..tx'.. r . m M• :. , s . .< 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic. yards 1cla ca. Vd5 b. Type of material to be excavated d"'Saric, c. Does the area to be ,excavated include coastal wetlands (marsh), submerged. aquatic vegetation (SAVs) or other wetlands _'Yes JL_ No d. Highground excavation in cubic yards U / 2. DISPOSAL OF EXCAVATED . . MATERIAL a. Location of disposal area . ON Sib kir6 IQoa b. Dimensions of disposal area 35 X QOO c. Do yog claim title to disposal area? Yes.. — No , If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? ✓ Yes _ iNo If yes, where? Vris_�� 4 {.ia-6 le.elA Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes —A- No f. Does the disposal i clude any area in the water? Yes A No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead w" Riprap b. Length Septa . 5V Warth4.Snukh sides OFC AMI C. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW. or NWL tine r4nut_ e. Shoreline erosion during preceding 12 months ulAle 4pr4orie, (Source of information) a. - ot.tled a ol•ar006 If yes, (1) Amount of material to be placed in the water N A (2) Dimensions of fill area f Up— (3) Purpose of fill R b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area N k (2) Purpose of fill NIA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? The ezCa-44sa maierinl ill be dtAns;a4 ra-FrolleA. b.y_law-g e f. T e of bulkhead or riprap material C u rL rle R•Q -rao b. g. Amount of fill in cubic yards to be placed below water level . 41). Riprap I Oa Cu V45 (2) Bulkhead backfill h. Type of fill material 'I� RAP- i. So rce of fill material l rC irIA D k Kack Ouaw!4 be u mourli, .C. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes )_ No What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? $ar4�oe. Tru.c,K c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes _-)L— No If yes, explain steps that will be, taken to lessen environmental impacts. ('llr a f'Ars 1 E� 1 Name R� ,ecie 5 Applicant or Project Na Signature 17M I State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director TO: John F THROUGH: Terry FROM: David DATE: 13 Jur SUBJECT: Modil Mr. T. Earl R originally issued for tl into the Scuppernong: jetties in the river. T1 County. I have prov Raleigh Bland (COE) did not respond in wri and USFW did not modification has beet Mr. Rhodes i (see attached plats da 1. 2. I recommenc and suggest the follc ATTACHMENTS cc: Preston Pao Deborah Sa Sara Winsh Chad Thorr Raleigh Blz 10 151301'31 Division of Coastal Management Application Processing Notes Applicant: Deadline: Date/Time: Message: G—r ,-5-1 7-1- ci7 (Mvyv sa.toct C- T4 n3;1lY �rl.in 7-6 -1JfCCvsseo/ c/ /1ivyP• Sr„bf ! I ST •cc�r M. 1424 Carolina Av M Equalt R74 qLN-12-1997 15:27 FROM 'Statd of North Carolina Department of Environment, Health, and Natural Resources Division. of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Michael G. Buhl, Interim Director MEMORANDUM: 101 TO: David Moye, DCM FROM: Sara E. Winslow, Biologist supervisor SUBJECT: Modification CAMA Permit No. 103-96 - T. Earl Rhodes DATE: 3.June 1997 DCM WASH P.01/01 L :HNFi The North Carolina Division of Marine Fisheries approves of the modifications with the following minor amendments. Scuppernong River functions as a spawning and nursery area for blueback herring and alewife. The area is also utilized by white perch, striped bass, spot, croaker, blue crabs and other commercially and recreationally important species as a nursery. The proposed depth of -6 feet should be no greater than the connecting depth in the river. 'Phis agency requests a dredging moratorium associated with the excavation of the material between the jetties. The requested time frame is 15 February through 30 September. This will ensure the environmental integrity of the area is protected during critical times of usage by the above mentioned species. However, if a turbidity curtain or boom is placed across the end of the jetties during excavation no moratorium would be requested. Ski File Post -a" Fox Note 7671 P.O. Box 760, Morehead city. North Carolina 29567-0769 Telephone 919-726-7021 FAX 919.726-0264 MSquel Opportunity AEfirmativoAction Employer 0 60%reryele&10%post-consumer paper TOTAL P_01 ul Duct] 110 a 11NJAI ID F-= Division of Water Quality Washington Regional Office June 9, 1997 To: David Moye From: Deborah Sawyer Subject: Modification of CAMA Permit No. 103-96 Mr. T. Earl Rhodes This office has reviewed the above subject modification request. The request is to construct two (2) rock jetties 100ft. into the Scuppernong River. This is a modification of the original request to construct the jetties 40ft into the Scuppernong River. This office has no objections to the requested modification. If you have any questions or comments, please notify this office. Thank you. ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director TO: David Moye, Division of Coastal Management FROM: Chad D. Thomas, L yT District One Fisheries Biologist DATE: May 23, 1997 - SUBJECT: Modification of CAMA permit No.103-96, for I Earl Rhodes, Scuppemong River, Tyrell County. After review of the proposed modification to CAMA permit No. 103-96, we recommend - that the request be denied. Our original review of the project requested that the 2-,rockyetties not - be constructed since the annual erosion rate on -site was negligible., Although extension of the " jetties may slow settling into the basin it will not alleviate the problem Extension of the jetties may result in environmentally damaging sediment deposition and erosion in the project area. Because the connecting water depth in the river is only 3 ft., we request that the excavated basin depth not be increased beyond that outlined in the original permit. Thank you for the opportunity to review this modification request. If I can provide any additional information please contact me at (919) 335-4961. cc: William Wescott, Coastal Region Habitat Coordinator � raw itj a i. CROSS Ser,-T► arj 4oek GiviN C� ZNtmvcr- C)OAA-I cl4,,s .r GPAN&e 9'p- Rhp r `5cv lFr /jop)ct- X', ViER orrna�—IIATak Mve, 6 `i/%6/` Cd 07"W f<— Colonel Terry R. Youngbluth District Engineer, Wilmington District Department of the Army, Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402-1890 Attention Raleigh Bland Dear Colonel Youngbluth: UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721 Executive Center Drive N St. Petersburg, Florida 33702 May 29, 1997 RECEIVED JUN i 6 1997 COASTAL MANAGEMENT Please reference your May 20, 1997, correspondence concerning a modification to an existing federal authorization issued to Mr.T. Earl Rhodes permitting work in the Scuppernong River, Tyrrell County, North Carolina (Action ID No. 199604562). We have reviewed the proposed modification to increase the length of the existing jetties and conduct more dredging and have determined that the work should have minimal additional impact on National Marine Fisheries Service trust resources. Therefore, we have no objection to federal authorization to the proposed modification. Thank you for the opportunity to provide these comments. If we can be of further assistance, please advise. Sincerely, Andes Mager, Jr` Assistant Regional Director Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC F/SEO2 ® Printed on Recycled Paper b� P w„o� STATE OF NORTH &ROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GovERNoR Plymouth, North Carolina SECRETARY P. Box May0 22, 19968 RECEIVED JUL 01 1997 COASTAL MANAGEMENT Mr. & Mrs. Earl Rhodes Route 2, Box 199E Columbra, N. C. 27925 Ref: CAMA Dredge and Fill Permit - SR 1211 - Tyrrell Co. Dear Mr. & Mrs. Rhodes: The NC:DOT has no objections to your proposed plans. The proposed work is totally within your property limits and does not infringe on our right of way as I understand the application you provided my office. Sincerely, 61 B. RU SJEGGETT DISTRICT ENGINEER BRL/srw Cc: Mr. David Moye .File YME: 06-27-97 Mrs. T. Earl Rhodes, your request of 06-24-97 (attached) to modify the jetties should pose no problems to NC DOT. Therefore we pose no objections to the w rk. B. R ett Dist. Engr. NC DOT BRL/s1 Cc: Mr. David Moye File M niRS aC7 j