HomeMy WebLinkAbout19870015 Ver 1_COMPLETE FILE_19870625Permit Class
New STATE OF NORTH CAROLINA
Department of Natural Resour?es;:and,Community Development
Coastal Retource's'Coutltssion
r
s
1> 0 Major. Development in att f"riionmental
Concern-pursuant. to.,1J{''"A? 18
Excavation andJor,fi gptiisuanf to NCGS 113-229
Permit Number
127-87
Issued to George W. Ballard, P. 0. Box 712, High Point, NC 27264
authorizing development in
New Hanover
County at AIWW, near Snow's Cut at Seabreeze
as requested in the permittee's application dated 3/16/87 i nci udi n
attached plats, sheets 1-3 of 3 dated received 4/1/87.
This permit, issued on f ! , 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The proposed piers have been reduced in length in keeping with Rules of
Coastal Resources Commission which require that piers not exceed the "estab-
lished pier length along the same shoreline for similar use". In this case,
the piers must not extend beyond the pier to the north or approximately
350' from the landward edge of the marsh.
(2) The waterward end of the two piers must be permanently marked with reflectors
so as to reduce the potential for collision by boats plying the waterway.
(3) The activity must be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-related
discharge (increases of 25 NTUs or less are not considered significant).
NOTE: The permittee is advised to contact the DCM representative at the Wilmington
Regional Office and request a pre-construction site meeting to preclude
a possible misunderstanding of Condition #1.
NOTE: The permittee is advised to contact the Planning Dept. of New Hanover
Co. to confirm the compatibility of a commercial operation at the project site.
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31. 1990
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 DNRCD and
the Chairman of the Coastal Resources Commission.
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
vuw
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
April 27, 1987
Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
Raleigh, North Carolina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
George W. Ballard
Applicant's Name
JRP:ap:2480
P.O. Boa 27687, Raleigh, North carotin 27611-7687 Telephone 919-733-2293
David W. Owens
Director
An Equal Opportunity Afkrmadw Action Employer
DIVISION OF EMPIOKHMA',CEMENT
WATER QUALITY SECTION
Comments concertgng iin. application for State Federal CAMA Permit(s) from
T, 1
A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
11 is office has no objection to the issuance of the permit(s) for the proposed
project ith the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant)..,
That the instream turbidity not be increased by more than SO NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFIC :tification ION STATUS:
is not required
for this project.
Certification is required for
this project.- Such action to
process the certification has
been initiated. Proposed
Certification will be acted on
or after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
e
DATE: June 5, 1987 !
TO: Bill Mills JUN "0 1987
Operations Branch KA id ti V CP I
FROM: David H. Cotton ()PERAl7ON5 H?AVCIHI?I
Wilmington Regional-Office
THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
George Wayne Ballard
New Hanover County
The applicant proposes to construc?2 piers, one to off load
commercial fishing boats, the other one to be used as a fuel
dock. The project is adjacent to the AIWW just north of Snows
Cut, classified SA and presently closed to shellfishing.
This office has no object to the project as proposed.
DHC:kc
cc: DCM - Bob Stroud
CF, WiRO
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name George Wayne Ballard
2. Location of project site Seabreeze Community on the AIWW just north of
Snow's Cut - New Hanover County - New Photo 17-212 Grid M-5
3. Investigation type: Dredge & Fill -- CAMA X
4. Investigative procedure: (A) Dates of site visit 1-14-87 4-9-87
(B) Was applicant present YES NO
5. Processing procedure: Application received 4-1-87 Office Wilmington
6. Site description: (A) Local Land Use Plan Wilmington - New Hanover
Land Classification from LUP
Development constraints identified in LUP none for
projects of this nature
(B) AEC (s) involved: Ocean Hazard Estuarine Shoreline X
Coastal Wetlands Public Trust Waters X
Estuarine Waters X Other
(C) Water dependent: Yes No Other X
(D) Intended use: Public Private Commercial Both
(E) Type of waste water treatment: Existing Septic Tank
Planned N /A
(F) Type of structures: Existing Existing buildings
Planned 2 piers and remodeling of a building
(G) Estimated annual rate of erosion N/A Source
--
7. Habitat description: AREA
Dredged Filled Other
(A) Vegetated wetlands:
Crossed bV piers Ap. 1440 sf
(B) Non-vegetated wetlands :
Open Water Covered
by piers Ap. 2564 sf
(C) Other:
(D) Total Area Disturbed: Ap. 4004 sf
8. Project Summary The applicant proposes to construct 2 piers to serve a
commercial fishing operation.
George Wayne Ballard
Page 2
9. PROJECT DESCRIPTION
The project is located on the AIWW in the Seabreeze Community in New
Hanover County. The site is somewhat unique in that it will be built from two
small parcels of land separated by another small parcel. There are two
existing structures located on the northern most parcel of land north of the
project site. The area is classified as SA closed and is designated as primary
nursery area.
The applicant proposes to construct two piers which will serve a commercial
fishing activity. There will be one pier on each of the small parcels of land.
The proposed piers are shown in the plans as approximately 440' long each.
One will have a 22' x 22' platform at the end and will be approximately 5'
wide. The wider pier will be used to off load fish. The other pier will be
used as fuel dock. The structures are proposed to be aligned at or about 85'
from the mean edge of the federal channel. The existing high ground
structures will be remodeled to accommodate the commercial fishing operation as a
sales area and ice house.
10. ANTICIPATED IMPACTS
The two proposed piers would extend approximately 90' more into the AIWW
than does the existing pier to the north of the project area. The applicant
indicates a -7' mean low water (mlw) depth at the proposed pier ends. The
intended use of the pier for commercial fishing vessels requires that the
available low water depth be greater than -4' mlw usually associated with
piers. However, the location of the Snow's Cut channel south of the project
area makes this location more critical than usual for navigation requirements.
If the proposed piers were reduced in length to be in line with the longer of
the two nearby piers the potential impairment to navigation would be
eliminated. The applicant has provide notarized statements of no objections
from the adjacent neighbors due to the encroachment within 15' of the side
lines.
SUBMITTED BY: C. Robert Stroud, Jr. DATE: 4-10-87 OFFICE: WiRO
e?
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WATER
WATER OUALITY CERTIFICATION
LAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army '
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Distr.
(GS 113.229, 143.21S.3(a)(1), 143.215.3(c), 113A-118 (3 TAk4 .. 9
?ao.sX
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A? IaAnkP.R
?racS?
1987
1. Applicant Information OFFICE OF COASTAL MANAGE MEN)
A. Name Ballard George Wayne t!JIi!4INGT`lN f<EG,ONAL OFFICE
Last First Middle
B. Address 2-0- Box 7126 ,x
Street. P. O. Box or Route
-High Point, N. C. 27264
City or Town State Zip Code Phone
If. Location of Proposed Project:
A. County New Hanover
Seabreeze
0. 1. City, town, community or landmark
2. Is proposed work within city limits? Yes No D_
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Atlantic Intracoastal Waterway
111. Description of Project
A. I . Maintenance of existing project n a 2. New work Build a Pier
B. Purpose of excavation or fill
1. Access channel na length width depth
2. Boat basin na length width depth
3. Fill area na length width depth
4. Other n length width depth
C. 1. Bulkhead length n a , Average distance waterward of MHW (shoreline)
2. 'fype of bulkhead construction (material) na
U. Excavated material (total for project)
1. Cubic yards nn 2. Type of material na
1• ill material to be placed below MHW (sec also VI. A)
1. Cubic yards 2. Type of material na
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No n a
8. Does the disposal area include any marshland, swamps or other wetland? Yes No n a
C. Disposal Area
1. Location n a
2. Do you claim title to disposal area? na
t). 1 ill material source if fill is to be trucked in. _ n a
I:. I h,w will excavated material be eptrapped and erosion controlled? _ n a
1 . I ytic ul equipment to be used '113 =
G. Will marshland be crossed in transporting equipment to project site? If yes, explain _ Yes, Only to the,
extant rgqtiJ rAeJ in hni lding a pier
V. Intended Use of Project Area (Describe)
A. 1. Private- na
2. Commercial Commercial Doc
3. Housing Development or Industrial n a 1\11K R R101
4. Other na .. ,?^ ,ENS
Gf. Oct
S. 1. Lot size(s) 2 lots apprx. .5 and 2.2 acres
w a
2. Elevation of lot(s) above mean high water- _ ;Pprox. 4' ?--
3. Soil type and texture Gann
4. Type of building facilities or structures Existing resturant and 2 story house.
5. Sewage disposal and/or waste water treatment A. Existing tes Planned
na
B. Describe 9 ovici-iny gPntin tanks
6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (SeeCAMA Local Land Use Plan Syn
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of rill materials below mean high water? Yes No _ X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the.
area following project completion? Yes NoX_
2. Type of discharge a .
3. Location of discharge na
VII. Present rate of shoreline erosion (if known): none
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: na
IX. Length of time required to complete project: --- - 365 days
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument udder which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on SK X 11"white paper (see Instruction booklet for
details). Note: Original drawings preferred -only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or 119' /o -Aie'Pr<
certified mail or by publication (G.S.113-229 (d))Enter date served- 4 f/ q T« u e 0 o y 0,9-TeS w
Sig A 4:7'(A Re5 #9-aif g0-1 P42 14'v JlAN0 dc,Ju-en s p?s?pe? S /•?/-? ?'
D. List names and compi aderessey of the riparian landowners with •prope? adjoNtinB apiificant's.
Such owners have 30 days in which to submit comments to agencies listed below. _a a 7
W? 1lI? - sh y z? 17euL Q 7f7Qee-I
,S-)i-13aeeZP• e.4 r- 6 11yv4 Ar? , Ep.
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
X II. Any permit issued pursuant to this application will allow only the development described In this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE. ,
Applicant's Signature
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SHEET 3 of 3
ADJACEi\? R11'AR::.N LANDOWNERS STATtt,I-
General SwtutC 1'.3-229 requi;es aIha! fi ??.: 1^ Lridov,neTS u'I:: roj`C(iJ0171111? S; ro}?C?CG? ~
R.8_r .;
excavation and/or fiil project be river thir;,. ! :C) oafs i:? whici) to com.nirnt on the project. Tri
form allows the adjacent riparian landowner to express either: ; 1) that he objects to the project or, (2)
that he does not object and desires to waive his right to the 30-day period so that the processing
of the application can progress more rapidly- Of course, the adjacent riparian landowner need not
sign this form at all, if he so chooses.
1, , am an adjacent riparian property owner and have
seen a copy of the application submitted by
dated 19 , wherein said applicant requests a permit to excavate, fill, or otherwise
alter the land or water adjacent to my property.
i have no objection to the project as presently proposed and hereby waive, that right of
objection as provided irrG. S. 113-229.
D 1 have bjections to the
I. i AA , * I <
^i as presently proposed and comments arc attached.
Signature of Adjacent Riparian Landowne
-';Forward Comments To: n 88XX61 `?E NVr
• ? ? R O ?` vo e?t? N?IccNW4 oo b
.Department of Natural Resources and Ctgflt v;
Office of Coastal Management ?`'?. f 3 ?,o6
7225 Wrightsville Avenue Wilmington, %,
North Carolina.284.03
AH 1 198
LA,'\'DC\':YERS STAT MAE- N. -T
AD1ACEN7 Rlf'ARi-:N
General Stztut: 1 1 3-2'2'9 regvi;es ;Iha! Lrid: v"Icrs 'A-"!! f,r(' Criy adjoining a proposed
excavation and/or fii? project be ci%er. thin} (,C-.) days in which to co.:a-nt on the project.
form allows the adjacent riparian landowner to express either: ( 1 ) that he objects to the proiect or, (2)
that he does not object and desires to waive his rir-h: to the 30-day period so that the processing
of the application can progress more rapidly. Of course, the adjacent riparian landowner need not
sign this form at all, if he so chooses.
am an adjacent riparian property owner and have
seen a copy of the application submitted by
dated 19 , wherci;n said applicant requests a permit to excavate, fill, or otherwise
alter the land or water adjacent to my property.
have no objection to the project as presently proposed and hereby waive that right of
E?' C jection as provided in-G. S. 113-229.
D I have objections to the project as presently proposed and comments are attached.
Signature of Adjacent Riparian Landowner
' ;Forward Comments To:
Date
Department of Natural Resources and Community Development
Office of Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina .284-03
4' CUMMiSSIUN EXPIREb
JANUARY 3-1..1988
3 3a - `s1 !
A
?ov?o
.,. ANr
w
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Field Services Section Director
7225 Wrightsville Avenue
Wilmington, NC 28403
(919) 256-4161
March 25, 1987
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. George Wayne Ballard
P. O. Box 7126
High Point, NC 27264
Dear Mr. Ballard:
This is with reference to the application submitted by you requesting a permit
to build a pier on properties located within the Seabreeze Community on the AIWW
in New Hanover County.
Based on my preliminary review of the information, I am requesting the
following additional information or clarifications:
1. Please indicate who owns what property adjacent to the pier(s).
2. Do you in fact propose two piers.
3. Since it appears that structure(s) will be constructed within 15' of the riparian
corridor, notarized statements of no objection must be provided.
4. Please complete Items IX C. and IX D. of the application.
5. Will the fuel tank be new?
Please respond to the above at your earliest convenience in order that the
matters can be resolved.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
Mr. George Wayne Ballard
March 25, 1987
Page 2
If I can be of any assistance or if you have any questions concerning the
above, please advise.
Sincerely,
0 _ kc?CA??-? C)
C. Robert Stroud, Jr.
Field Consultant
CRS / trw
cc: Hugh Heine, COE
Charles Jones, DCM
SENJ
mil' yww_?
F
pp,?l I ! I y4,
State of North Carolina Lill]
Department of Natural Resources and Community Dev lope ent-
Division of Coastal Management
512 North Salisbury Street * Raleigh, North Carolina 27611
James G. Martin, Governor David W. pwrns
S. Thomas Rhodes, Secretary Field Services Section Director
7225 Wrightsville Avenue
Wilmington, NC 28403
(919) 256-4161
March 25, 1987
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. George Wayne Ballard
P. O. Box 7126
High Point, NC 27264
Dear Mr. Ballard:
This is with reference to the application submitted by you requesting a permit
to build a pier on properties located within the Seabreeze Community on the AIWW
in New Hanover County.
Based on my preliminary review of the information, I am requesting the
following additional information or clarifications :
Yl . Please indicate who owns what property adjacent to the pier(s). C k)
D?
Do you in fact propose two piers% S
(Since it appears that structure(s) will be constructed within 15' of the riparian
corridor, notarized statements of no objection must be provided.
/ Please complete Items IX C. and IX D. of the application.
k,&'.' Will the fuel tank be new? 2S
Please respond to the above at your earliest convenience in order that the
matters can be resolved.
PQ Box 27687, Ratco, North Carolina 27611-7687 Telcowine 919-733-2293
Mr. George Wayne Ballard
March 25, 1987
Page 2
If I can be of any assistance or if you have any questions concerning the
above, please advise.
Sincerely,
0,
pr6-'CA
C. Robert Stroud, Jr.
Field Consultant
CRS/trw
cc: Hugh Heine, COE
Charles Jones, DCM
APR I T
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RALEIGH, N.C. 27629
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