HomeMy WebLinkAbout111-96 Minor Mod Williams, SammiePermit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
X Major
/1
Issued to Sammie E. Williams, P.O.
and
Coastal Resources Commission
rrmtt
Permit Number
111-96
NiH�i o � zuoi
} for OAS FAAiJA6�
it in an Area of Environmental Concern mr
113A-118
suant to NCGS 113-229
ard, NC 27824
authorizing development in Hyde County at,
as requested in the rmigee's
attached workplan drawing dated 1/I 1/00. n
Creek, off of SR 11011 in Engelhard
dated letter dated 1/11/00, including the
v
This permit, issued on IQ -4�4-0 i ct 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.
minor
and the installation of a new 42" x 60' culvert under SR 1102 sited t200' south of the existing
crossing and connecting to existing ditches that connect to Far Creek, all in accordance with the
workplan drawing dated 1/11/00.
2) This minor modification must be attached to the original of Permit #111-96, which was issued on
7/29/96, and subsequently renewed on 11/23/99, and all documents must be readily available on
site when Division personnel inspect the project for compliance.
3) All conditions and stipulations of the active permit remain in force under this renewal unless
modified herein.
4) Culvert inverts shall be set at least one foot below normal bed elevation to allow for fish passage.
(See attached sheet for Additional Conditions)
This permiLaction 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 t�ecember 3�n the_t]emtit expires on
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 DENR and the
Chairman of the Coastal Resources Commission.
/�
U6finien!
a D.Moffitt,Directoi
—gE X
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee
Sammie E Williams u Permittl111-96 ,
i + Page 2 `of 2
�' d r i ti• i 4 r � i ..;i'i) :i r f e - _$ ...t •4 5.'. 7 •G +•> n H: . /
^�, ,F c v "' •r �' ADDITIONAL CONDITIONS ` ,
�Ta 7 t`''}j/yF } �edY MK tic rn l♦ '"r. r.-� ), v! v�> t Sri 7� -e r .,.
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4 E +✓5)� + No excavated or fill myatenal will be placed at any time m anyryegetated wetlands or waters r
ti lt�'}'.�l •x ?��� YR ,. uC� ii4 .14��{'SAi.. � ,ft � 7.1� T, �r� � t t} d},��xl `_T f r.. 'r t '
does noVauthonze any excavation other than that necessary to. set theculverts - ,
431•�' ,{%'1{'t J/L
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"r7) _ :The placement of fill is restricted to that necessary to properly ,mstallthe culverts - tx
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Appropriate bedding mate st be placed beneaththe culverts to prevent structural
subsidence
9) t The fill uiatenal will°be`elean a'nd free�of any pollutants except in trace quantities
�tt �rT•` e t Y, Tel-. S~Fr a f d`..�nFf T Y})t'� 1 jv=. /' � �� .{,4 r t�i. ':^ -ir.+' t .. �,_` ;..: ;• -;" t" l,�
" 10) All back fill material will betaXned from a gh ground source and confined by anappropriate
r ," • . erosion control device until the ma erial"is s}�icie tly stabilized.
1 11) All fill material to be placed below normal ,ate r will be confined behind an appropriate
erosion control device.
1'2) The temporary placement or double handling of fill materials within waters or vegetated
wetlands` is not authorized.:
13) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover.
of solids into any marsh or surrounding waters.
14) No excavated or fill material will bepiaced in any location or in any manner so as to impair
surface water flow into or out of any wetland area.
Sedimentation and Erosion Control
15) Sedimentation and erosion control measures must be implemented to ensure that eroded
materials do not enter adjacent wetlands or waters.
16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
17) In order to protect water quality, runoff from the construction must not visibly increase the
amount of suspended sediments in adjacent waters.
General
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
NORTH CAROLINA DEPARTMENT OF
.ENVIRONMENT AND NATURAL RESOURCES
February 24, 2000
Mr. Sammie E. Williams
P. O. Box 454
Engelhard, NC 27824
Dear Sir
DIVISION OF COASTAL MANAGEMENT
lbe enclosed permit constitutes authorization underthe Coastal AreaManagementAct, 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.
Ifyou 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 ofthis
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 initiation. However, if questions arise
conceming 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,
Douglas Huggett
Major Permits/Consistency Manager
DH/amw
Enclosure
1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638
2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE 919-733-2293 FAX 919-733-1495
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST -CONSUMER PAPER
Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
Hyde Far Creek, off of SR l l0l'1Jn Engelhard .
atithot-rzmg development in, County at
as requested in he p6rmrttee's application dated "letter dated l/11/00� 11cludin9 the '
attached workplan drawing dated 1/11/00.
This permit, issued on a�:�I/!/zJ 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.
and the installation of a new 42" x 60' culvert under SR 1102 sited f200' south of the existing
crossing and connecting to existing ditches that connect to Far Creek, all in accordance with the
workplan drawing dated 1/11/00.
2) This minor modification must be attached to the original of Permit 4111-96, which was issued on
7/29/96, and subsequently renewed on 11/23/99, and all documents must be readily available on
site when Division personnel inspect the project for compliance.
3) All conditions and stipulations of the active permit remain in force under this renewal unless
modified herein.
4) Culvert inverts shall be set at least one foot below normal bed.elevation to allow for fish passage.
(See attached sheet for Additional Conditions)
This pennit_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 rust cease O1
when g rmit expires on
ecember s1,
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 DENR and the
Chairman of the Coastal Resources Commission.
na D.Moffitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Sammie E. Williams Permit#111-96
Page 2 of 2
ADDITIONAL CONDITIONS
5) No excavated" or fill material will be placed at any time in any. vegetated wetlands or waters.
6) This permit does not authorize any .excavation �other than that necessary to set the culverts.
7) The placement of fill is restricted to that necessary to properly install the culverts '.,
8) :Appropriate bedding material must be placed beneath the culverts to prevent structural
subsidence
9) The fill material'will"be'clean and free of any pollutants except in trace"quantities.
10) All back fill material will be obtained from a high ground source and confined by an appropriate "
erosion control device until the material is sufficiently stabilized. Y
11) All fill material to be placed below normal water level will be confined behind an appropriate
erosion control device.
12) The temporary placement or double handling of fill materials within waters or vegetated
wetlands is not authorized.
13) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
14) No excavated or fill material will be -placed in any location or in any manner so as to impair
surface water flow into or out of any wetland area.
Sedimentation and Erosion Control
15) Sedimentation and erosion control measures must be implemented to ensure that eroded
materials do not enter adjacent wetlands or waters.
16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
17) In order to protect water quality, runoff from the construction must not visibly increase the
amount of suspended sediments in adjacent waters.
General
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
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Application Processing Notes
Applicant:
Deadline:
Date/Time: Message:
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1 721E OLJE$T R EF V tW r�
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NCDENR TO: THROUGH:
FROM:
DATE:
JAMES B. HUNT JR. SUBJECT:
GOVERNOR
SEE
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MEMORANDUM
Doug Huggett
Terry Moore Iro
Steve Trowell-5T
21 January 2000
Modification of CAMA Permit No. 111-96
RECEIVED
FEB 02 2000
COASTAL MANAGEMENT
CAMA Major permit No. 11 1-96was issued to Mr. Sammy Williams on 29 July 1996
for the construction of a 465' bulkhead, a 6' x 350' dock landward of the bulkhead, and to fill
a 30' x 40' manmade basin' is propertyin Engelhard on Far Creek in Hyde County. The filling
of the manmade basin also include extending an existing culvert that crosses SR 1101 through
the proposed bulkhead. The permit was renewed on 23 November 1999. Mr. Williams is
now requesting to modify his permit to allow him to plug the existing culvert and install a new
42" x 60' culvert f 200' south of the existing crossing under SR 1102 connecting to existing
ditches that connect to Far Creek. NC DOT has agreed to the installation of the culvert and
will perform the work. I recommend that the permit be modified with the conditions listed
below:
1). All excavated material must be placed entirely on high ground above the mean
high water level or any wetland.
2). All spoil material must be stabilized or retained so as to prevent any excavated
material from re-entering the surrounding waters or any wetland.
3). Only the excavation absolutely necessary to bed the culvert pipe is authorized.
4). Culvert inverts shall be set at least one foot below normal bed elevation to
allow for fish passage.
5). All new work is to be carried out in strict accordance to the plat dated
1/11/00.
6). All conditions and stipulations of the active permit remain in force under this
minor modification.
7). This minor modification must be attached to the original of permit No. I I I -
96, which was issued on 7/29/96, as well as the renewal of 11/23/99 and be
available onsite.
t
The $50 check to cover the cost of the pe ®renew has been deposited into the
Department account.
ATTACHMENTS
cc: Charles Jones - Assistant Director, DCM
Raleigh Bland - US Army Corps of Engineers, Washington Regional Office
WASHINGTON REGIONAL OFFICE
943 WASHINGTON SQUARE MALL, WASHINGTON, NG 27889
PHONE 252-946-6481 FAX 252-975-3718
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
Kelly N. Davis
Consulting Biologist/Forester
19770 US 264
Swan Quarter, North Carolina 27885
Tcl: (252)926-1881 Email: keldavistbeNblink com Fax: (252)926-3481
January 11, 2000
Mr. Steve Trowell
NC Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889-3532
Dear Mr. Trowell•
Enclosed please find a modified plat showing the location of the proposed culvert on the
Sammie Williams property that we discussed on January 10, 2000. This project is
located at the intersection of NCSR 1101 and Mr. Williams's boundary ditch, in
Engelhard, North Carolina.
Mr. Williams would like the installation of the 42 inch by 60 foot culvert to be covered in
a modification of his existing CAMA Major Permit No. 111-96 which was renewed on
11-23-99. Enclosed is a copy of a letter from NCDOT indicating they have no objection
to this action. Please confirm that as you stated in our telephone conversation, Mr.
Williams will be able to excavate as needed to properly install this culvert.
Mr. Williams plans to apply for a General Permit to excavate the boundary ditch and
Jarvis ditch after the NC Department of Transportation has replaced an existing culvert in
Jarvis ditch under NCSR 1101.
W. Williams understands that under 111-96 and/or the requested modification he is
permitted to fill in the Cargill basin and underlying culvert, and to plug in the culvert that
crosses under NCSR 1101. He plans to use cement or other materials designated by
DCM to plug the 1101 culvert.
We appreciate your cooperation in this limited review modification. Please contact me if
you need additional information.
Sincerely,
Kelly N. Davis
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THIS DEED, made this the 9 #h day of9etaber, 1999, by ELAINE E.
LOFTUS, single, of the County of Hyde, State of North Carolina, party of the first part, to
WILLIAMS SEAFOOD, INC., a North Carolina Corporation, of P. 0. Box 454, Engelhard,
North Carolina 27824, party of the second part, WITNESSETH:
THAT SAID party of the first part, for Ten Dollars and other valuable
consideration to her in hand paid by said party of the second part, the receipt of which is
hereby acknowledged has bargained and sold and by these presents does grant, bargain, sell,
and convey unto the said party of the second part, its successors, and assigns that certain lot or
parcel of land located in the Village of Engelhard, Lake Landing Township, Hyde County,
North Carolina, which is more particularly described as follows:
BEGINNING IN THE west or southwest comer of that parcel of land
shown as "Tract No. Two .9698 Acre..." on a map entitled, "Land
Surveyed for R. L. Gibbs & Co. Inc...", prepared by David Ross Smith,
RLS, under date of August 22, 1978, a copy of which is of record in the
Office of the Register of Deeds of Hyde County, North Carolina, in
Book 107 at page 690; running thence North 60 degrees 00 minutes 10
seconds West, 30 feet, more or less, to a point in the center line of
N.C.S.R, # 1102; running thence South 31 degrees 07 minutes 40
seconds West, along the center line of NCSR # 11021 10 feet, more or
less to the point where a line running parallel with and 5 feet in a
southwest direction from the southwest bank of the ditch that runs
along or near the northeast boundary of the home place of the party of
the first part which was conveyed to her late husband and her in a deed
from Charlotte M. Neal et a/, dated June 3, 1992, and of record in the
Office of the Register of Deeds of Hyde County, North Carolina, in
Book 117 at page 23 would intersect the center line of NCSR # 1102;
running thence in a southeast direction, parallel with and 5 feet in a
southwest direction from the southwest bank of said ditch, when
measured perpendicular thereto, 240 feet, more or less, to the northwest
edge of the J. H. Jarvis Leading Ditch; running thence North 34 degrees
29 minutes 40 secbnds East, along the said edge of said ditch, 10 feet,
more or less, to the south or southeast corner of that parcel of land
shown as "Tract No. Two .9698 Acre..." on the aforementioned Smith
Map; running thence North 60 degrees 00 minutes 10 seconds West,
along the southwest boundary of the said parcel of land, 211.1 feet, to
the point of beginning.
DAVIS & DAVIS 11 THESE ARE A PART of those lands described in the above referenced deed
ATTORNEYS AT LAW from Charlotte M, Neal to the party of the first part and her late husband.
iWAN QUARTER. N.C.
THIS CONVEYANCE IS made together with an appurtenant easement or right
of way 10 feet in width, running from N.C. SR. # 1102 to the northwest edge of the 1. H.
Jarvis Leading Ditch and having as its northeast boundary, the southwest boundary of the lands
being hereby conveyed. Said easement is to be used as a means of access to the ditch running
through the above described parcel of land for purposes of maintaining said ditch and as a
place to pile spoil from cleaning said ditch.
THE PARTY OF THE first part reserves the right to drain other lands owned
by her adjacent to the above described parcel of land into the ditch running through the said
parcel of land, but she shall have no right to unreasonably interfere with the placement of spoil
on the easement described above or the use of said easement by the party of the first part in
maintaining said ditch.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING.
1. The 1999 and subsequent years' taxes and assessments assessed or to be
assessed against said lands by Hyde County;
2. Such easements as may be outstanding across said lands for utility lines;
'' 11
3. Such rights, if any, as others have to drain through and maintain any
ditches that bound or cross said lands; and,
4. Such easement, if any, as the North Carolina Department of
Transportation has over any part of said land that lies within the right of
way ofN.C.S.R. # 1102.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges
and appurtenances thereunto belonging or in anywise thereunto appertaining unto it, the said
party of the second part, its successors, and assigns, to its only use and behoof in fee simple
absolute forever,
AND THE SAID party of the first part does, for herself and her heirs,
executors, and administrators, covenant to and with the said party of the second part, its
successors and assigns, that she seized of said premises in fee and has a right to convey the
same in fee simple; that the same is free and clear from all encumbrances, except as
hereinabove set out, and that she does hereby forever warrant and will forever defend the title
to the same against all other lawful claims.
IN TESTIMONY WHEREOF, the said party of the first part has hereunto set
her hand, the day and year first above written. `}V�
DAVIS & DAVIS
ATTORNEYS AT LAW Elaine E. LoRus
SWAN QUARTER. N.C.
NORTH CAROLINA
HYDE COUNTY
a Notary Public of the County of Hyde,
State of North Carolina, do here y certify that Elaine E. Loftus personally appeared before me
this day and acknowledged the due execution of the foregoing deed.
1999. Witness my hand and Notarial Seal, this the IV 6m day of n, (.Le �
Notary Public
My commission expires: %�07
NORTH CAROLINA
HYDE COUNTY
The foregoing certificate of
Notary Public of the County of Hyde, State of No Carolina, together with h_ Notariala
Seal attached, is certified to be correct. This instrument was presented for registration this day
and hour and duly recorded in the Office of the Register of Deeds of Hyde County, North
Carolina, in Real Estate Book at page
This the day of 1999 at
o'clock _ M.
c:veymie%V4*Zh w.)aai.waix(,wuwya
)AVIS h DAVIS
WORNEYS AT LAW
iAN QUARTER, N.C.
Register of Deeds.
Hyde County, North Carolina