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HomeMy WebLinkAbout116-03 Cooper, Anthony Wade Permit Class Permit Number NEW 116-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RECEIVED and -- Coastal Resources Co s ►• SEP 2 4 2003 e1+ S1 k A-0FCOW&I��A MEN1 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 Issued to Anthony Wade Cooper, 15 Hoff Lane,Belhaven,NC 27810 Authorizing development in Beaufort County at manmade canal off Pungo Creek, off SR 1717, near Belhaven , as requested in the permittee's application dated 5/25/03. including attached workplan drawings (2), both dated 5/25/03. This permit, issued on August 14,2003 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The alignment of the permitted bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The permitted bulkhead shall be aligned as depicted on the attached workplan drawings. 3) The bulkhead must be constructed prior to any backfilling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 na D. Moffitt,Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal "VW N/ Management Program. ignature of Permittee Anthony Wade Cooper Permit#116-03 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material will be clean and free of any pollutants except in trace quantities. 7) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 50 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead and within the existing boat basin. Docking Facility 9) This permit authorizes the shore parallel dock located landward of the permitted bulkhead that is expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non- water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 10) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is resper.sible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11) This permit authorizes a maximum of two (2)boat slips. NOTE: The perminee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 13) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Anthony Wade Cooper Permit#116-03 Page.3 of 3 ADDITIONAL CONDITIONS General 15) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 16) The authorized structures and associated activity must not cause an unacceptable interference with navigation. 17) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 18) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. NOTE: The permittee is advised that any development or land disturbing activity that is considered non- water dependent is not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission (EMC) Tar-Pamlico River Basin buffer regulations in place at the time of such development. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 030863), which was issued on 7/16/03. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310737. AGa NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 15,2003 Mr.Anthony Wade Cooper 15 Hoff Lane — Belhaven,NC 27810 Dear Mr. Cooper: 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, 6714 Mail Service Center, Raleigh,NC 27611-6714, (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 initiation. 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. _. erely, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Wade Cooper 2. LOCATION OF PROJECT SITE: Off SR 1717, on a man made canal off Pungo Creek near Belhaven in Beaufort County, North Carolina. Photo Index - 2000: 118-1441; L-8; 1995: 116-1265; W-14; State Plane Coordinates - X: 2,697,300 Y: 645,400 Pantego Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 25 June 2003 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application"Received- 25'June 2003 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan- Beaufort County Land Classification From LUP - Community (uplands), Conservation(Canal) (B) AEC(s) Involved: EW,PTA,ES,PTS (D) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned N/A (F) Type of Structures: Existing - single story residence Planned - Bulkhead and dock (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED EILI D QTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands 1,120 ft2 Canal/basin bottom (C) Other 780 ft2shaded Uplands (D) Total Area Disturbed: 0.04 acre or ± 1,900 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct 130' of bulkhead in a man made canal with a 6' wide dock on the landward side. The bulkhead is to be built across an existing 28' wide x 40' long upland boat basin. The boat basin is to be backfilled to the existing grade of the adjacent uplands. a Wade Cooper Beaufort County Project Setting The project site is located off SR 1717, Hoff Road, on a man made canal off Pungo Creek a tributary to the Pungo River in Beaufort County near Belhaven, North Carolina. This canal system is located below the HWY 99 Bridge on the south side of Pungo Creek just below Archbell Point. The lot is located adjacent to the right away for SR 1717 at the terminus of the ±50' wide x +2,000' long man made canal. The site is a developed .5-acre lot vegetated with upland grasses and scattered hardwood trees. The upland grasses, mainly Saint Augustine grass, are maintained to the top edge of the canal bank. Located on the lot is a modular home on a brick foundation. There is a 28' wide x 40' long upland basin off the man made canal on the north side of the lot. Pungo Creek is classified as SC NSW by the Environmental Management Commission and as Coastal Waters by the Division of Marine Fisheries below the HWY 99 Bridge. Project Description The applicant proposes to construct 130' of bulkhead in the man made canal from the property line adjacent the SR 1717 right away to the property line on the northwest side across the mouth of the upland basin. The bulkhead alignment will average 4' below the Normal Water Level (NWL). The applicant proposes to backfill the bulkhead and upland boat basin to the height of the adjacent yard/uplands. The applicant proposes to construct a 6' wide x 130' long dock on the landward side of the proposed bulkhead. Anticipated Impacts There will be some localized short-tern turbidity during the construction of the bulkhead. The project will eliminate an existing basin at a right angle off the existing man made canal. Steve Trowell - Washington Regional Office - 27 June 2003 e 'Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City town, community or landmark p 1 oven 1. APPLICANT c. Street address or secondary road number a. Landowner: �1)� We— Coope'r Name I't rnOh�( d• Is proposed work within city 1' its or planning jurisdiction? Yes No Address 5 No t'"� L>V e. Name of body of water nearest project (e. . river, Ci ty L �1a� State M L creek, sound, bay) Pu A�o -C� Zip 2-7 r 1 ot Day Phone 145Z -96t 013 Fax N 16 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address ro o e b ad. b k M' City State ar �r 61 lyc 1- O n la*tdwarA� sue- 9 10U1k-heC-A• Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? I30-1'>< Fax c. Will the roject be for public,private or commercial r 1 ye.4 C.. c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposes project. If more space is needed, lease attact NOTE: Perna will be issued in name of Landowncr(s), and/or additional ,ages, 54,a et- project name. U p u - Puc, , y W"I erS CAnA- a Pad m ct et Cr,Wes Qt,( I-kre,d. 4. 5 -;-&L.It26 S' �eMI"r%e 2. LOCATION OF PROPOSED ate. pr ut*dt L e4er 6-4- acecSs PROJECT RlcL-bil ex1sl btc-4= bcAtl a. County eo U�f r Revised 03/95 Form DCM-MP-1 M. Describe existing wastewater treatment facilities. 4. LAND AND WATER rx I S h h r 6"41 c- 4A A l- CHARACTERISTICS a. Size of entire tract 12 GG re- n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) �/L G C.f'L wastewater, industrial/commercial effluent, "wash down" and midential dischar es.) c. Approximate elevation of tract above NfHW or S U f' t cr u n o NWL 3 d. Soil type(s) and texture(s) of tract o. Describe existing drinkin water supply source. SGtidy C oun 1�WA e. Vegetation on tract S- '- aNJ-.S11h1e �1 taJ1 V or i o uS h Ar C�- w'yo,Aa f. Man-made features now on tract 0oyWe- Willa 1'n 4( I r_ ` c r.\c-, 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site. (Cowuir the local land Lae plan.) following items must be submitted: Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then /V 14 forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No �v/A- (Attach zoning compliance cenificate, if applicable) An accurate, dated work plat (including plan view .J t((�� cralP_tn hlar� ♦VJJ Jwr.VUW ua4♦.'_ugu� �a�..u'- 'v►�... .� v.�—.. j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes _� No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-lim Register listed or eligible property? prints or other larger plats are acceptable only if ar Yes No adequate number of quality copies are provided b) applicant. (Contact the U.S. Army Corps u I. Are there wetlands on the site? Yes No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of pla If yes, has a delineation been conducted? requirements and it must be sufficiently detailed tc (Anach docurncntation, if available) guide agency personnel unfamiliar with the area to the Revised M9.9 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSIW TO ENTER ON LAND 0 A Stormwater Certification, if one is necessary. - -- - 10 A list of the names and complete addresses of the I understand that any permit issued in response to thi adjacent waterfront (riparian) landowners and application will allow only the development described signed return receipts as proof that such owners the application. The project will be subject to condition have received a copy of the application and plats and restrictions contained ;n the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the propose that they have 30 days in which to submit comments activity complies with the State of North Carolina' on the proposed project to the Division of Coastal approved Coastal Management Program and will b Management. Upon signing this form, the applicant conducted in a manner consistent with such program, further certifies that such notice has been provided. Name 'S ,*rJ n%in�J1 certify that I am authorized to grant, and do in face Address 1101 a '� d7firy grant permission to representatives of state and feden Phone /'a Sa `9 yb — 3 6&'q review agencies to enter on the aforementioned lands u connection with evaluating information related to th Name K I c kv rf permit application and follow-up monitoring of ti Address I�o Ae kl ,%Uel, NC. a7da project. Phone I further certify that the information provided in th Name application is truthful to the best of my knowledge. Address Phone This is the .25 day of XQV ka-CV3 • A list of previous state or federal permits issued for //�� work on the project tract. Include permit numbers, Print Name ftf1�ll► Q&/ WAJe— G oopel permittee, and issuing dates. Signature Lmutawner ar Authorized Agent ._.. _,L- ,._e __��en_,,..aA--., . .M.+„_+1,a no„a,t,,,ant_nf._ Please indicate attachments pertaining to your propos t] c4heck LVL QvJv 1LlaUV pa f auw ....... .+. __- Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the V'DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development ✓ DCM MP-4 Structures Information 10A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 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. 400 copies of this public document were printed at a total cost of$52.48 or $ .13 per copy. Revised 03/95 a Form DCM-W-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 1. EXCAVATION N other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards fill activities. All values to be given in feet. b. Type of material to be excavated Average Final Existing Project c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes No channel (MLVIr) or (NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat "3 t 3' MATERIALbasin )f P lle..- a. Location of disposal area Boat ramp b. Dimensions of disposal area Rock groin c. Do you claim title to disposal area? Yes No Rock If no, attach a letter granting permission from thf breakwater :r - �'` owner. Other d. Will a disposal area be available for futur, maintenance? Yes No (Excluding If yes, where? shoreline • stabilization) RPvicPA M104 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water lag GUbi c yards ' aoacbaSih (2) Dimensions of fill area a?, X it0' f. Does the disposal include any area in the water? Yes No (3) Purpose of fill To 4-1, if eprS ' nR b Oa�- bay t h b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X_ No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area �� Bulkhead Riprap (2) Purpose of fill b. Length t 13 of c. Average distance waterward of MHW or NWL q 5. GENERAL d. Maximum distance waterward of MHW or NWL y' in CQ►�a I CXis hasih a. How will excavated or fill material be kept on ite e. Shoreline erosion during preceding 12 months and erosion controlled? 4" �i II ma+eria I / Caa 1 n (Source of information) in ucx -i4.en S GGdt°v f. Type of bulkhead or riprap material N C. ,Shea L Oi Wood b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? `I water level Duren '-rrut-L 1Srna ullJ o7er (1) Riprap (2) Bulkhead backfill t A00 6!ea Jy_-51n a`' SU)6ep back r, c. Will wetlands be cr3ssed in trans orting equipment h. Type of fill material Barg to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 10 Cu borrow ei, 4. OTHER FILL ACTIVITIES Applicant or Project Name (Excluding Shoreline Stabilization) /4 1A e= Signature a. Will fill material be brought to site? ► a +�`�0 3 Yes No Date 400 copies of this public document were printed at a total cost of$11.00 or $ .03 per copy. Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys N/# Permit, Form DCM-MP-1. Be sure to complete all (1) — Commercial _Community_Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a, ock and/or Pier(s) 1) _ Commercial _Community',Private (2) Number 1 (3) Length 13 0' (4) Width of water body (4) Width 61 (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes - No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) loll (iii) Width (1) _ Commercial _Community Private (6) Platform(s) Yes _ No (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed N/A g. Other (Give complete description) (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL b. Boathouse (including covered lifts) /V�I* (1) Commercial Private(2) Length �l} 0l4 wale- COq� (3) Width Applicant or Project Name c. Groin (e.g. wood, sheetpile, etc.) N/J� Signature (1) Number ��oZ5 • 0.3 (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) Nl)} (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands 4 2Xf Z � �/�Sr�,,,k•�r �urn o�- CAA 1 o Yowl elr 3 s . Typicr- 1 Z%kYVe-4- X Sec-4on `ryPicr-1 C3okt- SrcA- ov% C,'"oSS S cc.�no n \1 ti e W AIA,"af W.,dr. Cooper f CA I `Ct ' 4 t aitJ, � � 3 ,5 - T -T -7 �1�51�� Qv 1K�GAi- 1 �r•�aSp-�- � t X wl o' p - urea 6 6"P IleJ-- L � t j � t p14� v N o�- Su►1e. jDtr+e45ioM shown /_�A,�, �✓�-Gam~` VN M itf towll "IJ Ila • k;I 10,7e Pers "YA ^. tom• . ,. . •,•..::,4 I �- ,�. . ', � i ._. _t,-•� A� A WHO Point .7M ...................�t No-g, . .... I.S1 if � 60 OAT Ali Z- Psd Y S. Pt 92 Arhball x. to x C, d 1+ tzz 14 JK g+ 47 ,44%�& Name: PANTEGO Location: 035' 30' 02.9" N 076' 39' 42.6" W Date: 6/27/103 Caption: Site Location map Scale: 1 inch equals 2000 feet Wade Cooper Project 5/25/03 Copyright(G) 199/, Maptech, Inc. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Wade Cooper County: Beaufort LOCATION OF PROJECT: Off SR 1717, on a man-made canal off Pungo Creek near Belhaven in Beaufort County, NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 25 June 2003 FIELD RECOMMENDATION: ATTACHED CONSISTENCY DETERMINATION: FIELD REPRESENTATIVE: Steve Trowell DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: _ ���� B) DATE APPLICATION RECEIVED IN RALEIGH: -7 4l ci3 FEE REC'D: $400 PUBLIC NOTICE REC'D: END OF NOTICE DATE:'`° 7/Z9/v3 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: ON: Z/3/d3 C) 75 DAY DEADLINE: 9 j o3 150 DAY DEADLINE: MAIL OUT DATE: -7 3 D 3 STATE DUE DATE: FEDERAL DUE DATE: EZF1v3 FED COMMENTS REC'D: 3/J?j PERMIT FINAL ACTION: ISSUE DENY DRAFT ON R 13 Zo3 AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional representative -7 3 u3 Coastal Management - LUP Consistency / Determination 711IUS ✓ Division of Community Assistance -717143 Land Quality Section 7/-7/v'3 „/ A/c- Division of Water Quality w c)3 616 3 V u/u3 Storm Water Management (DWQ) 71id/G3 State Property Office Division of Archives & History /a3 Division of Environmental Health Division of Highways 7 Wildlife Resources Commission ✓ AK- Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Permit# ( � - ? DCM Coordinator: Jt MAILING DISTRIBUTION:Permitee: AY44onv Wae. Cgq&.,- DCM Field Offices: E izab t}. C;t y Morehead City Washington Ay lr etr- US Army Corps of Engineers (USACE): Washington: -Mike Bell (NGDOT) Raleigh Bland Wilmingto Ti DOT) is Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John.Dorney 4ohn Hcr y . Water Resources: John Sutherland Wildlife Resources: David McHenry Benttet-M'�„ JDavi 0 NGD49IT) Travis Wllspn (NC D0T) FAXING DISTRIBUTION: DCM Field Offices: —£litabeth(3ity- Morehead City Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bel (NCDOT) �Biddizeerne��9�-� Raleigh Bland Wilmington �Ty (NCDOT) r DEPARTMENT OF THE ARMY � j WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office REC�VED P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO �[n L r 2 2003 August 27, 2003 01 OFWAVALMANAGEMEW Regulatory Division NNW Action ID No. 200310737 and State Permit No. 116-03 Anthony Wade Cooper 15 Hoff Lane Belhaven,North Carolina 27810 Dear Mr. Cooper: Reference your application for a Department of the Army permit to place fill material within an existing man-made basin and construct a dock and a bulkhead, on property located off State Road 1717, adjacent to Pungo Creek, near Belhaven, in Beaufort County,North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your 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 and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone (252) 975-1616,extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager -2- Copies Furnished: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Ronald J. Mikulak,Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 -3- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 f \ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO August 13, 2003 Regulatory Division 110 2003 )MOF00 lk-m& Action ID No. 200310737 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment k and Natural Resources �1�t 1638 Mail Service Center Raleigh,North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Wade Cooper for a Department of the Army(DA) permit to place fill material within an existing man-made basin and construct a dock and a bulkhead, on property located off State Road 1717, adjacent to Pungo Creek, near Belhaven, in Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration,of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,to remove,relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. -2- 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, W - 044 Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 f -3- Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS,Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 W A T`cq0 Michael F.Easley,Governor William G.Ross Jr.,Secretary \0 (� North Carolina Department of Environment and Natural Resources rAlan W.Klimek,P.E.Director _{ Division of Water Quality CO O C Coleen H.Sullins,Deputy Director Division of Water Quality DIVISION OF WATER QUALITY July 9, 2003 JUL 101 2003 Mr. Anthony Wade Cooper 00 15 Hoff Lane Belhaven, NC 27810 Subject: CAMA/Stormwater Review SW7030701 Bulkhead and Dock Beaufort County Dear Mr. Cooper: The Washington Regional Office received a copy of your CAMA application for your proposed bulkhead and dock project located at 15 Hoff Lane near Belhaven, NC on July 1, 2003. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H. 1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Roger Thorpe at (252) 946-6481, extension 214 . Sincerely, /c fim ulligan Water Quality Regional Supervisor Washington Regional Office cc: Doug Huggett, DCM - Raleigh Washington Regional Office Central Files ZA NDE�t N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 �� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary Memorandum TO: Doug Huggett, Major Permits Coordinator FROM: Ed Lynch, District Planner RE: MAJOR CAMA PERMIT CONSISTENCY REVIEW Applicant: Wade Cooper Beaufort County, off SR 171 on a man-made canal off Pungo Creek near Belhaven DATE: July 9, 2003 This project is subject to the 1997 BEAUFORT COUNTY LAND USE PLAN. The Land Use Classifications for the project site are Community (upland) and Conservation (Areas of Environmental Concern) in the Beaufort County Land Use Plan. PROJECT SUMMARY This proposed project involves the construction of 130' of bulkhead in a man-made canal with a 6' wide dock on the landward side. Areas of Environmental Concern impacted by the project include Public Trust Areas, Estuarine Waters Estuarine Shoreline and Public Trust Shoreline. APPLICABLE POLICIES • Residential, Commercial, and Industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine waters, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations. (page IV-16) • Beaufort County supports the use standards for estuarine waters and public trust areas as specified in 15A NCAC 7H.0207. (page IV-18) • Beaufort County supports the construction of bulkheads, which fulfill the use standards, set forth in 15A NCAC 7H. (page IV-10) PLAN CONSISTENCY It is my interpretation that the proposes project appears to be consistent with the 1997 Beaufort County Land Use Plan, provided that all work is constructed in accordance with applicable local, state and federal rules and requirements. CC: Terry Moore David Moye Kristie Corson Jeff Schaffer Charles Jones Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 Fax: 252-975-3716 An Equal Opportunity/Affirmative Action Employer—50% Recycled/ 10% Post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.Box 1890 IN REPLY REFER TO Wilmington,North Carolina 28402-1890 2003 Ae VFYM 7U14�V . Regulatory Division 2o�, 3t`,-12 - I Action ID: "r. _Applicant: Coo Waterway: F"C � County: �"���� � Work Type: Mr. Ron Sechler Mr. Doug Huggett TiAl National Marine Fisheries Svc, NOAA Division of Coastal Management Pivers Island NC Department of Environment, Health Beaufort, NC 28516 and Natural Resources Post Office Box 27687 Mr. Garland B. Pardue Raleigh, NC 27611-7687 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service ; Post Office Box 33726 IVI DCV, Raleigh, North Carolina 27636-3726 F Ff., `n Regional Office Division o Coastal Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section— Region IV and N to al sources n Water Management Division �� ? � I,'� �`stir, W (:i,�C f1,4 U.S. Environmental Protection Agency . �t� o� . � r. , 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed. Y r co e is a recommendations would be appreciated on or before W ;. u� or Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (252)975-1616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure DEPARTMENT OF THE ARMY \� WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO July 8, 2003 V Regulatory Division tou3 Action ID No. 200310737 (00 Anthony Wade Cooper 15 Hoff Lane Belhaven, North Carolina 27810 Dear Mr. Cooper: On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received July 3, 2003, for Department of the Army(DA) authorization to place fill material within an existing man-made basin and construct a dock and a bulkhead, on property located off State Road 1717, adjacent to Pungo Creek, near Belhaven, in Beaufort County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should You bezin work.. -2- Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned Action ID No. 200310737 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 John Domey Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Terry Moore,District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 RECEIVED M w i AUG 0 8 2003 ��- JUL 7 2003q1 q NCDENR y qEMAMON OFFICE Oaono� �Carolina Department of Environment and Natural Resources 0 Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary July 3,2003 /5 1, R 7 0 MEMORANDUM IP TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WADE COOPER PROJECT LOCATION: OFF SR 1717, ON A MAN MADE CANAL OFF PUNGO CREEK NEAR BELHAVEN IN BEAUFORT COUNTY, NORTH CAROLINA. PROPOSED PROJECT: CONSTRUCT 130' BULKHEAD IN MAN MADE CANAL WITH A 6' WIDE DOCK ON THE LANDWARD SIDE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 24, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. A, This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED Q , 11 DATE (p 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper JUL 0 8 2003 F FIVr WCDENR JUL 0 7 2003 North Carolina Department of Environment and Natural Resources State Property C`f Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary July 3,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WADE COOPER PROJECT LOCATION: OFF SR 1717, ON A MAN MADE CANAL OFF PUNGO CREEK NEAR BELHAVEN IN BEAUFORT COUNTY, NORTH CAROLINA. PROPOSED PROJECT: CONSTRUCT 130' BULKHEAD IN MAN MADE CANAL WITH A 6' WIDE DOCK ON THE LANDWARD SIDE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 24, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY ' "Phis agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED 2 wG ATE '� hq03 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper i North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross,Jr.,Secretary MEMORANDUM TO: Mr. William McNeil, Director VI Division of Community Assistance FROM: Doug Huggett JUL Q 7 i"'' Major Permits Processing Coordinator WOOF STA I� DATE: 1 July 2003 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Wade Cooper Project Location: Off SR 1717, on a man-made canal off Pungo Creek near Belhaven in Beaufort County, NC Proposed Project: The applicant proposes to construct 130' of bulkhead in a man-made canal with a 6' wide dock on the landward side. The bulkhead is to be built across an existing 28' wide x 40' long upland boat basin. The boat basin is to be backfilled to the existing grade of the adjacent uplands. Please indicate below your position or viewpoint on the proposed project and return this form by 22 July 2003. If you have any questions regarding the proposed project, please contact Steve Trowell at 252-946-6481, Extension 4291. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. his office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 2— 3-1 3 943 Washington Square Mall,Washington,North Carolina 27889 Phone_252-946-6481 1 FAX:252-948-0478 1 Internet:www.nowastalmanaaement.nett NCDOT DIV 2 DIST 1 Fax:252-946-7433 Jul 10 '03 8:42 P. 01/01 NODE a Noah Carolina Department of Environment and Natural Resources Division of Coastal anagement Michael F, Easley,Govemo, Donna D, Moffitt, irector William G.Ross Jr.,Secretary July 3, 20 3 ill 11at MEMORANDUM TO: Mr. Roberto Canaics JUL 8 2003' State Construction/Materials Branch Division of highways ; DIV. OF HIGHWAYS DIVISION 2, DIST. A FROM: Doug Huggett j W Major Permits Processing Coordinator j SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WADE COOPER PROJECT LOCATION; OFF SR 1717, ON A M4N MADE CANAL OFF PUNGO CREEK NEAR BELHAVEN BEAUFORT COUNTY, NORTH CAROLINA. PROPOSED PROJECT: CONSTRUCT 130' BULIC AD IN MAN MADE CANAL WITH A 6' WIDE DOCK ON THE LANDWARD SIDE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 24, 2003. If you have any questions r garding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245, When appropriate, in-depth comments with supporting data is requested, REPLY This agency has no abjection to the project a i proposed. This agency bas no comment on the propose project. This agency approves of the project, only if a recommended changes are incorporated. This agency objects to the project for reason described in the attached comments. SIGNED ! DATE a i i _... ..._. ........ T" Pc*t-It'Fax Note 7671 post-it'Fax Note 7671 To! T From O C .Dept. co,/Dept. Co nc.us Phone M Phone N PhpnB �1 FaK M d� F8lk M , - Fax p �� �� ia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary July 3, 2003 �VED MEMORAN'DUM JUL 15 2003 TO: David McHenry IN—CRft ANIIIIIIIIEW Wildlife Resources Commission RALM ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WADE COOPER PROJECT LOCATION:OFF SR 1717, ON A MAN MADE CANAL OFF PUNGO CREEK NEAR BELHAVEN IN BEAUFORT COUNTY, NORTH CAROLINA. PROPOSED PROJECT: CONSTRUCT 130' BULKHEAD IN MAN MADE CANAL WITH A 6' WIDE DOCK ON THE LANDWARD SIDE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 24, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY /This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This age appro s of the project, only if the recommended changes are incorporated. ►s agency objec to the pr iect for reasons described in the attached comments. SIG D DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ��consze� v North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross,Jr., Secretary MEMORANDUM TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries R FROM: Doug Huggett D Major Permits Processing Coordinator DATE: 1 July 2003 G6 ► -HABITAT SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Wade Cooper Project Location: Off SR 1717, on a man-made canal off Pungo Creek near Belhaven in Beaufort County,NC Proposed Project: The applicant proposes to construct 130' of bulkhead in a man-made canal with a 6' wide dock on the landward side. The bulkhead is to be built across an existing 28' wide x 40' long upland boat basin. The boat basin is to be backfilled to the existing grade of the adjacent uplands. Please indicate below your position or viewpoint on the proposed project and return this form by 22 July 2003. If you have any questions regarding the proposed project, please contact Steve Trowell at 252-946-6481, Extension #291. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 7 Z O 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.noaoastalmanaaement.nelf Aria NCDENR ll% North Carolina Department of Environment and Natural Resources Division of Coastal Management Jlt[_ 7 2003 Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretaryt July 3,2003 14 MEMORANDUM '4 ► TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources ( 5 �Q N' FROM: Doug Huggett Major Permits Processing Coordinator- SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WADE COOPER PROJECT LOCATION: OFF SR 1717, ON A MAN MADE CANAL OFF PUNGO CREEK NEAR BELHAVEN IN BEAUFORT COUNTY, NORTH CAROLINA. PROPOSED PROJECT: CONSTRUCT 130' BULKHEAD IN MAN MADE CANAL WITH A 6' WIDE DOCK ON THE LANDWARD SIDE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 24, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED ' /�i'` `'� DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-14951 Internet: http:lldcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MEMORANDUM ' JUL. 0 3 2003 TO: Doug Huggett FROM: Steve Trowel1 THROUGH: Terry Moore DATE: 27 June 2003 SUBJECT: Wade Cooper Major CAMA/Dredge and Fill Permit Application This memo is in reference to the Major CAMA/Dredge and Fill Permit Application submitted by Wade Cooper for construction of a bulkhead,backfilling of an existing basin and construction of a dock on a man made canal adjacent his property located off SR 1717 on Pungo Creek in Beaufort County near Belhaven, North Carolina. 'I-have reviewed the application in regards to the use standards in NCAC 7H, specifically .206 and .0208 and have determined that the applicant's proposal is consistent with those standards. I recommend that the permit be issued with the standard bulkhead conditions. DeveloMeni Type FEE DCM% DWQ% 14300160143SI r r%q 1625 6253 43001602 4351 DO095 2341) L Private,non-c�al development that does not involve the filling excavation ng or exvation of arty 5250 100%(5250) 0%($0) wetlands or open wale:areas: It. Public or commercial development that does not involve the filing or S4DO 100%($400) 0% excavation of any wetlands or open ($0) water areas: 111. For development that involves the _ fitting and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A.B,C.or 0 below applies: III(A). For Private,non-commercial development,If General water Quality Certificatiom No.3301(see attached) 5250 100°k(5250) 0%(SO) can be applied 111(Bk For public or commercial development,if General water Qua lty Certification No.3301(see attached) �� 100%(5400) 0%(SO) can be applied 1144 If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and S400 60%(S240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: 111(1)� If General Water Quality Certification No.3301(see attached) SOD 6D°le(S240) 40%($160) can not be applied IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or $4T5 60°0(52E5) 40%(5190) open water areas OF COASTq North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross,Jr.,Secretary 1 July 2003 Washington Daily News Post Office Box 1788 Washington, NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 4 July 2003 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 946-6481. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notices, and an original invoice to CHRIS POPE, COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699 1638. Thank you. Sincerely, Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed: Original mailed: 7 / -6�3 _: 1 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmaneaement.net/ NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 25 June 2003. According to the said application, Wade Cooper, applicant, proposes to construct 130' of bulkhead in a man-made canal with a 6' wide dock on the landward side. The bulkhead is to be built across an existing 28' wide x 40' long upland boat basin. The boat basin is to be backfilled to the existing grade of the adjacent uplands, off SR 1717, on a man-made canal off Pungo Creek near Belhaven in Beaufort County, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC during normal business hours. Comments mailed to DONNA MOFFITT, DIRECTOR, COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638 prior to 29 July 2003 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. Please publish on 4 July 2003 in the Washington Daily News for the NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH NC 27699-1638, ATTN: CHRIS POPE. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross,Jr., Secretary 1 July 2003 Mr. Wade Cooper 15 Hoff Lane JI11_ I A 2003 Belhaven,NC 27810 OlOMWALMN Dear Mr. Cooper: RAIM The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located off SR 1717, on a man-made canal off Pungo Creek near Belhaven in Beaufort County, NC. It was received on 25 June 2003 and appears to be adequate for processing at this time. The projected deadline for making a decision is 9 September 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. I I3A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Steve Trowell, Field Representative Division of Coastal Management Washington Regional Office enclosure c: Doug Huggett Terry Moore 943 Washington Square Mall,Washington,North Carolina 27989 Phase:252-946-6481 1 FAX:252-948-0478 1 Internet:www necoastalmanaaement.nett No I Ir I CAMA E MIT APPLIED FOR PROJECT: Lr "DFDu La E.lU ITV A NApi-impEL* A (o,' Wlpg LD46 VPtAjQBbAT& A). 11U 15 —/o & JWVFj)1;:.b�rr, YHE LCX 7, Q2AoF- a7ntx4r UPLAtiDs DFF Se 1111. L W PUN Rt KAVSE.UI FW N 6SAUIO *.S c-5 q .TD Ly ZD03 E�GAc. Nor,Cl�-- WA514►N GTOn 2*01 NEWS COMMENTS ACCEPTED THROUGH z� �uw 2003 APPLICANT: FOR MORE DETAILS CONTACT HE LOCAL PERMIT OFFICER BELOW: \ 1AJ)6 NOEL `��F, " I eb r.L 15 HbEr LA 4E -Y )Y) brtbA5TKW7AU64YUAr ELH F-� NC Vill q43 A514INGroa VAU NA 25.2- 44- P-LEPHDAF WA5H )NGToo 7-104 -tD 42 ► X291 COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. D to of Delivery item 4 if Restricted Delivery is desired. �qz&yvz ■ Print your name and address on the reverse so that we can return the card to you. C. Signature■ Attach this card to the back of the mailpiece, X O� ❑Agent or on the front if space permits. A�_ Addressee D. Is delivery ad&6ss different from' ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Ricky Tripp 45 Hoff Ln Belhaven NC 27810 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7001 1940 0.002 3473 2436 (Transfer from service PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. 9,,at of DeIN item 4 if Restricted Delivery is desired. �� ■ Print your name and address on the reverse so that we can return the card to you. C. rure ■ Attach this card to the back of the mailpiece, X ❑ Agent or on the front if space permits, e e D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No NCDOT - Danny Taylor District Engineer 1701 West Fifth St 3. Service Type Washington NC 27889 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7001 1940 0002 3473 2429 (Transfer from service la, PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 �1 JUN.25.2003 2:53PM SOUTHERN BK BELHAVEN NO.736 P.2 pK1219Pa299 FOR REGISTRATION REGISTER OF DEEDS Prepared by',and return to: JENNIFFR LECGETT WH17EHURGT MiSa a. Raynor 9ERUFORT COUNTY, NC 2001 SEP 27 10.32 Si PM Attorney at Law SK 1219NCGR299-3001EVLWE S FEE �PSID 00 STATE OF NORTH CAROLINA INSTRUMENT R 20010o6721 COUNTY OF BEAUFORT THIS"DEED, made and entered into this the A? day of September, 2001, by and between HFLEN S. ROSEBERRY, widow, by and through her attorney in fact, WILLIAM R. ROSEBERRY, of Raleigh, North Carolina, hereinafter referred to as GRANTOR; to ANTHONY W. COOPER, single, of 15 Hoff Lane, Belhaven, North Carolina 27810, hereinafter referred to as GRANTEE. P i W I T 'N E S S E T H: Thatithe said Grantor in consideration of the sum of TEN DOLLARS (�10.00) and other good and valuable consideration to her in hand paid by said Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents, does bargain, sell and convey unto the said Grantee, his heirs and assigns, the following parcel or tract of land in the County i of Beaufort, State of North Carolina, and in Bath Township and more part£.cularly described as follows: It being Lot 5 shown upon a map entitled" Property of John doff and Jimmy Brinn," recorded in Map BOPk 23 Page 77. Beaufort County Registry. Said map is incorporated herein by reference for a full and compl6te description This being the same property conveyed to Ferdinand W. Roseberry (now deceased) and Helen S. Roseberry by deed dated' February 27, 1980 and recorded in Book 790 page 150 of the Beaufort County Registry, i ea TO HAVE AND TO HOLD the aforesaid tract or parcel of land, a o 0 a n S together with all rights, ways, privileges and appurtenances qq" thereunto belonging or in anywise appertaining unto him, the said GRANTEE, his heirs and assign$, in fee simple; but subject to the following restrictions: Said property shall be used for residential purposes, and no unsightly shacks shall be erected uppn said property. GRANTEE shall have the right to use the canalslshown on the aforesaid map, but shall not unreasonan_,.y block the canals with boats. Subject to the foregoing restrictions, the Grantor i 1 i, I I li i JUN.25.2003 2:54PM SOUTHERN BK BELHAVEN NO.736 P.3 II�c1219PG300 covenants With the Grantee that she is seized in fee simple of the land above described and has good right and title to convey the same; that the same is free and clear of all liens and encumbrances, except ad valorem taxes for the current year, and she will forever warrant 'and defend the title to the same against all lawful claims and demands whatsoever. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and affixed. her seal this the day and year first above written. (SEAL) HELEN S. ROSEBERRY BY WILLIAM R. ROSEBERR ATTORNEY IN FACT I STATE OF ---,THCA�RyOLINA �'COUNTY OF 0`,1-r,1 1. tz b r4, P r_- I, �Qr1tbC7�� a Notary Public in and for the State and County aforesaid do hereby certify that WILLIAM R. ROSEBERRY, IAttorney-in-Fact for HELEN S. ROSESERRY, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed document for and in behalf of HELEN S. ROSESERRY, that his authority to execute and acknowledge said document is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds in Beaufort County, North Carolina, in Book Page , on the day of September, 2001, t ai t too his knowledge, HELEN S. ROSEBERI2Y is not deceased at the time of the execution and acknowledgment of this document, and that this document was executed under and by virtue of the authority given by said instrument granting him power of attorney; and the said WILLIAM R. ROSEBERRY acknowledged the due execution of the foregoing and annexed document for the purposes therein expressed for and in behalf of the said FP.[ 1 S. RCbhS=. WITNEgS my hand and official seal this � day of September, 2001. &zm 3 NOTARY PUBLIC My Com. Exoiresr t�J o�cccur..., r•�SP 8 Rgvy', , r � 5 h,LASS RAi- NOTARY O'rlf *� I -J ARY ? <y VOLK Q,e C.; r �r PUB r T_ I