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