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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 .,. f+r l t t } * 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 r n n t "r7) _ :The placement of fill is restricted to that necessary to properly ,mstallthe culverts - tx R i'. Y� ./{' 1�V1 M1fri tt• '.�- v' f �" 4 l S t ./ 49 Fi ) n ti9 }):1' �1 f )z �R 4• 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. �9"�a g gOONJ�AS NvwM3N 3�ooa tiNb sgt� lh ' h'd NWwM3N 31oC.� GNV 5S13$Ij 'bj ESL =i�1 3nb-�5 ,As1--3s aoOrn��N3 mnoe I 5wvi- im 31WW'ds I �n SWbt)-)IM -�31wwvS � I IU — /Off s.7/Y —1 fT 111 _ +19 e1 laanM7 � . I :Z sywrniM aiwwvs ail SwbmIM�1Ww`d5 �" ►�I III o�'n 13 ll 1 �9 01 Ntsv9 \ FASO VaL'[ rsYd?2td trod O921vd�� JViii�()it nAuU Ai) 1-9b Division of Coastal Management ccCWA� Application Processing Notes Applicant: Deadline: Date/Time: Message: �L/?�w AS1'16�� 1 721E OLJE$T R EF V tW r� .. TO -sr* 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 RED ey: DANS o vsncq."A(-Tsg nfF-A W F R c�tcK BASIN TO BE I' IFI LLE, 0 III I III ICI SAMMIEWILUAMs 111 SAMMIE WILLIAMS III wwelzl TO 9C I.�i P(.VGG CD SAA Aocz- WILUAMS 4x71 x au' , cu:.vrRr To eC INSrAL�CD JAN VAaY 11, SCA LE 111 = -Is, o S SAMMIE wiw4MS a 1,4 SHERWOOD S�LBY F.4ClIBBS ,*ND EOPIE {jewmArJ AND EDoIE rieWAAAN :5* iZWOOD 5 "t NORTH CAROLINA COPYHYDECOUNTY NNay em�ber" 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