HomeMy WebLinkAbout19870021 Ver 1_COMPLETE FILE_19870304
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
March 4, 1987
Certified Mail
Return Receipt Requested
Ms. Joyce Fulford, Mayor
Town of Beaufort
Pollock Street
Beaufort, NC 28516
Dear Mayor Fulford:
This letter is in response to your request
Area Manaagement Act and the State Dredge
backfill a bulkhead on Taylors Creek to
construction of a bathhouse in Beaufort,
application under a joint State/Federal review,
by cooperating agencies, is now complete.
David W. Owens
Director
for a permit under the Coastal
end Fill Law to construct and
provide highground for the
N. C. Processing of your
including onsite investigation
Based on this review, the Division of Coastal Management has made the
following findings:
1) Construction and backfilling of the bulkhead will result in the loss
of 638 square feet of shallow water habitat;
2)- The proposed bathhouse is not a water dependent structure;
3) An objection to the proposed activity was filed by an adjacent
riparian landowner based on navigation impacts;
4) The area to be filled has a history of being navigated by small
boats from larger craft moored in Beaufort Harbor; and,
5) The project is inconsistent with the following partial listing of
State Guidelines for Areas of Environmental Concern:
(a) 15 NCAC 7H.0206(c) Management Objectives (for estuarine
waters). This rule requires the Division to give the highest
priority to the conservation and management of the important
features of estuarine waters so as to safeguard and perpetuate
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
A. F--I eI;-...o e,."--
Mayor Joyce Fulford
Page 2
March 4, 1987
their biological, social, aesthetic and economic values; to
coordinate and establish a management system capable of
conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine system;
(b) 15 NCAC 7H.0206(d) Use Standards (for estuarine waters). This
rule states in part that priority of use shall be given to
those types of development activities that require water access
and use which cannot function elsewhere;
(c) 15 NCAC- 7H.0207(c) Management Objective (for public trust
areas). This regulation requires protection of public rights
for navigation and recreation, and preservation and management
of the areas so as to safeguard and perpetuate their
biological, economic and aesthetic value;
(d) 15 NCAC 7H.0208(a)(1) General use standards. Uses which are
not water dependent will not be permitted in coastal wetlands,
estuarine waters and public trust waters; and,
(e) 15 NCAC 7H.0208(a)(2)(H). Development shall not impede
navigation or create undue interference with access to, or use
of, public trust or estuarine waters.
Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act and the State Dredge and Fill
Law be denied. This denial is made under N.C.G.S. 113A-229(e), which
provides for. permit denial upon finding a significant adverse impact on
estuarine resources, G.S. 113A-120(2), which requires CAMA permit denial when
the project is found to be inconsistent with the State Dredge and Fill Law,
and G. S. 113A-120(8), which requires denial of projects inconsistent with the
State Guidelines for Areas of Environmental Concern.
If you wish to appeal this denial, you are entitled to a quasi-judicial
hearing to challenge the factual findings or legal conclusions regarding this
denial.- A hearing is similar to a trial, involving appearing before a hearing
officer who listens to the evidence and arguments of both parties and
then makes a recommendation to the Coastal Resources Commission. A decision
by the Commission, adverse to you, may be, appealed in the courts. Your
request for such a hearing must be in the form of a written petition,
complying with the requirements of Chapter 150B of the General Statutes of
North Carolina, and must be filed with the :Office of Administrative Hearings,
P. 0. Drawer 11666, Raleigh, N. C. 27604. The request for a hearing must be
submitted to the Office of Administrative Hearings within twenty days of your
receipt of this letter. A copy of this petition should be filed with this
office. Enclosed, please find a petition which may be used for your hearing
request.
If you request a hearing, you have a choice of hearing officers, either a
hearing officer of the Office of Administrative Hearings, or a hearing officer
Mayor Joyce Fulford
Page 3
March 4, 1987
selected by the CRC (usually a member of the CRC). Unless you waive your
right to a hearing before the Office of Administrative Hearings, the hearing
will be conducted by a hearing officer of that agency. If you prefer to have
your hearing before a hearing officer of the CRC, you must sign the "Waiver"
contained in the enclosed petition form.
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management. program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, (2) is necessary in the interest of national security, and thus, may be
federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral, Assistant Director at 919/733-2293, P. 0. Box 27687,
Raleigh, NC 27611.
Sincerely,
G, c/ j
avid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, N.C.
Enclosure
.rv ncru ncrcn iv
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 24, 1987
SUBJECT: File No. SAWC087-N-016-0193
Town of Beaufort
Pollock Street
Beaufort, North Carolina 28516
Gentlemen:
r r '•x I, t ?
Reference your application for a Department of the Army permit
to construct and backfill a bulkhead on Taylors Creek to provide
area for construction of a boaters' bathhouse in Beaufort,
Carteret County, North Carolina.
Your proposal has been.reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Jai ..« -2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 25887
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Permit Class Permit Number
New ?„ STATE OF NORTH CAROLINA 83-87
by-79-W- ance Department of Natural Community Development _01?
C' i :for
ED
Q Excavation"J6?g?pursuaii to NCGS 113-229
issued to Town of Beaufort, Pol lock Street, Beaufort, NC 28516
authorizing development in Carteret County at Taylors Creek at the end of Turner
Street as requested in the permittee's application dated 12/9/86 i ncl udi ng
attached plats, 4, location, plan view and bath house dated received 12/11186 and "fill"
dated received 1/8/87. A
This permit, issued on y12 , 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 bulkhead will be positioned in strict accordance with the permit drawings.
(2) All backfill materials will be obtained from an upland source and confined
landward of the permitted bulkhead.
(3) The fill material will be clean and free of any pollutants, "except ipn: tr;ace.. _.
quantities. Metal prOdtactsL organic_ "mageria?s; or. unsightly debris" -will
- not'be used: :a -
(4) The permittee will maintain the authorized work in good condition and in.
conformance with the terms and conditions of this permit. The permittee
is not relieved of this requirement if he abandons the permitted activity
without transferring it to a third party.
(5) 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 NTUs
or less are not considered significant.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
Ali work must cease when the permit expires on
December 3.1, 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
Town of Beaufort
ADDITIONAL CONDITIONS
Permit #83-87
page 2 of 2
(6) If the permittee discovers any previously unknown historic or archaeological
remains while accomplishing the authorized work, he will immediately notify
the Wilmington District Engineer who will initiate the required State/Federal
coordination.
NOTE: Section 401 Water Quality Certification #2031 was issued on March 2, 1987
for this project by the Division of Environmental Management.
NOTE: A copy of this permit is being forwarded to the Department of Administration,
State Property Office from which you must receive an Easement prior to
proceeding with your project.
NOTE: Construction plans for the bath house building should be submitted to
the Division of Archives and History (at 109 East Jones Street, Raleigh,
N. C. 27611) for review related to compatibility with the Beaufort Historic
District designs.
W
?e srAreo
., JAN ,
COASTAL p,;:SQUr.? S
State of -North- Carolina.
Department of Natural Resources and Comm unity -Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor January 20, 1987 David W. Owens
S. Thomas Rhodes, Secretary Director
Mr. John R. Par Jr., Chief
Major Pe s Proces ing Sectio
Off' of Coastal Man em
eigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
?TnWri nf_$Pati fort
Applicant's Name
Turner Street, Beaufort Carteret
Location of Project County
X for a State permit to perform excavation and/or.fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section and is being forwarded
to you along with a Field Investigation Report for further application
processing including circulation to State agencies having interest
and/or jurisdiction over the subject matter which might be affected by
the project.
The recommendation of this Section is covered on the reverse
side; gx attached; will be forwarded later.
lj? ha& - )_ - /I -,P- 7
,
ance ' rely
Charles S. Jones, ief
Field Services Section
CSJ:ap:3566
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-2293
An Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY
i WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284021890
February 2, 1987
IN REPLY REFER 1"0
Regulatory Branch
SUBJECT: File No. SAWCO87-N-016-0193
Town of Beaufort
Pollock Street
Beaufort, North
Gentlemen:
Carolina 28516
On February 6, 1986, we renewed general. permit No. SAWCO80-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received January 21, 1987, for a
Department of the Army permit to construct and backfill a bulkhead
on Taylors Creek to provide area for construction of a boaters'
bathhouse in Beaufort, Carteret 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 written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section. 404 of the Clean Water Act, has been
assigned No. SAWC087-N-016-0193 and will be coordinated by
Mr. David Baker. He is available to address questions or comments
you may have at telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2- _
Copies Furnished (without enclosure):
Mr. John Parker
Division of. Coastal Management
North Carolina Department of
Natural-Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
D ision of. Environmental
v/ Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of. Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr.. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section.
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
13'f"r??~j???•
• f_, . , . ice,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
February 26, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-016-0193
Mr. John Parker_
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
RE AAA
2 8 7
(ICE r,"siltai8i^ r nt.a
Reference the application of the Town of Beaufort for a
Department of the Army permit to construct and backfill a bulkhead
on Taylors Creek to provide area for construction of a boaters'
bathhouse in Beaufort, Carteret 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:
a. The bulkhead will be positioned in strict accordance with
the permit drawings.
b. All backfill materials will be obtained from an upland
source and confined landward of the permitted bulkhead.
c. Vegetated wetlands will not be filled.
d. 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.
e. This permit does not authorize the interference with any
existing or proposed Federal project, and the permittee will not
be entitled to compensation for damage or injury to the authorized
-2-
structure or work which may be caused from existing or future
operations undertaken by the United States in the public interest.
f. It is possible that the authorized structure may be
damaged by wavewash from passing vessels. The issuance of this
permit does not relieve the permittee from taking all proper steps
to ensure the integrity of the permitted structure and the safety
of moored boats from damage by wavewash. The permittee will not
hold the United States liable for any such damage.
g. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of this
permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without transferring it to a third
party.
h. 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 are not
considered significant.
i. If the permittee discovers any previously unknown historic
or archeological remains while accomplishing the authorized work,
he will immediately notify the Wilmington District Engineer who
will initiate the required State/Federal coordination.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
i
F
f
Copies Furnished:
-3-
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries.
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Vr , .-.,--_ V
e suh
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
March 2, 1987
Ms. Joyce Fulford, Mayor
Town of Beaufort
Pollock Street
Beaufort, NC 28516
R. Paul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead for Bath House
Town of Beaufort
Taylor's Creek
Carteret County
Dear Mayor Fulford:
Attached hereto are two (2) copies of certification No. 2031
issued to Town of Beaufort dated March 2, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Vir. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, section .0500 to Town of Beaufort pursuant to
an application filed on the 11th day of December, 1986 to construct a
bulkhead for foundation of a bath house.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Taylor's
Creek in conjunction with the proposed bulkhead and bath house in
Carteret County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NiU's or less
are not considered significant).
2. That backfill material used in construction be
clean sand, free of toxic materials.
3. That earthen banks adjacent to the bulkhead be
stabilized with vegetative cover as soon as
possible after construction to minimize erosion.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and. void unless the above
conditions are made conditions of the Federal Permit.
This the 2nd day of March, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. mills
For
R. Paul Wilms, Director
WQC# 2031
e ?a STArF ?
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
March 2, 1987
Ms. Joyce Fulford, Mayor
Tom of Beaufort
Pollock Street
Beaufort, NC 28516
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead for Bath House
Town of Beaufort
Taylor's Creek
Carteret County
Dear Mayor Fulford:
Attached hereto are two (2) copies of Certification No. 2031
issued to Tawas of Beaufort dated March 2, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
?f
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NORTH CAROLINA
Carteret Oounty
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Town of Beaufort pursuant to
an application filed on the 11th day of December, 1986 to construct a
bulkhead for foundation of a bath house.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Taylor's
Creek in conjunction with the proposed bulkhead and bath house in
Carteret County will not result in a violation of applicable water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That backfill material used in construction be
clean sand, free of toxic materials.
3. That earthen banks adjacent to the bulkhead be
stabilized with vegetative cover as soon as
possible after construction to minimize erosion.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall beccme null and void unless the above
conditions are made conditions of the Federal Permit.
This the 2nd day of March, 1987.
DIVISION OF ENVIR VTAL MA1VkGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2031
r
DIVISION Of ENVIRONMENTAL MANAGEMENT-
WATER QUALITY SECTION
Comments concernYng an application,for State Federal CAMA Perm t(s) from ;
A. PERMIT:
j? This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed
project with 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 50 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. CERTIFICATION STATUS:
Certification is not required
for this project.
)_ Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certification wil be acted on
or after Z L /21? A
The proposed project is certified
under General.Certification
A) No. 1179 issued on January 25,
1977, for sewer line construction
B) No. 1272 issued on November 10,
1978, for bulkhead construction.
C) No. 1273 issued on November 10,
1978, for discharges of liquid
effluent from diked upland disposal
areas.
D) No. 1431 issued on October 16,
1980, for boat ramp construction.
E) No. 1664 issued on September 8,
1983, for Rip-Rap Placement.
F) No. 1665 issued on September 19,
1983, for incidental bridge
construction.
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 3, 1987
MEMORANDUM
To: Bill Mills F? a rOperations Branch
From: Dave Goodrich
Wilmington Regional Office
Through: A. Preston Howard, Jr.
Wilmington Regional Office
Subject: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Town of Beaufort
Carteret County
Applicants propose to bulkhead and backfill an area approximately 32' x 22' on
Taylors Creek, classified SC. This work is proposed to provide a foundation for a
public bath house. The project has been reviewed to determine impacts on water
quality. The following comments are provided:
1. The proposed project will require a 401 Certification.
2. It is recommended that the following conditions be included in this
Certification:
a. That backfill used in construction be clean sand, free of toxic
materials.
b. That earthen banks adjacent to the bulkhead be stabilized with
vegetative cover as soon as possible after construction to minimize
erosion.
C. That every reasonable effort be made to perform work in a manner
that will prevent turbidity levels from increasing above 25 NTU's in
Taylors Creek.
DG:APH:bc
cc: DCM - Nelson G. Paul
Wilmington Regional Office
Central Files
C 11.W1 1 L4a1111/:1 1?1'. VUl?l
1. Applicant's name Town of Beaufort
2. Location of. project site _Turner Street and Taylors Creek,, Town 'of IIFauforf
Carteret County, Photo ref-.: 33-1204-P-16
3. Investigation type: Dredge & Fill xx CANA xx
4. Investigative procedure: (A) Dates. of site visit-1/16/87
(B) Was applicant present yes
5. Processing procedure: Application received 1/15/87 Office Morehead qity_
6. Site descriptions: (A) Local Land Use Plan Town of Beaufort
Land classification from LUP Conservatij?,n/Developed
Development constraints identified in LUP Town policies on
AEC development parallel CRC use standards for the estuarine arpas_ The
Town considers marina proposals for their environmental impact as one _
of many factors (nq 26) _-
(B) AEC(s) involved: Ocean-Hazard _ Estuarine shoreline x
Coastal wetlands Public trust waters X
Estuarine waters X Other
(C) Water dependent: 'Yes No X Other
(D) Intended use: Public Private Commercial X _
(E)' Type of waste water treatment: Existing Town waste treatment system
Planned none
(E) Type of structures: Existing docks and piers
Planned bath house
(G) Estimated annual rate of. erosion none Source (bulkheadPd)
7. Habitat description: AREA ?_
(A) Vegetated wetlands: DredgedFilled Other
(B) Non-veoetated wetlands:
Fill area (Shallow
salt water estuarine
area)
(C) Other:
8.
638 SF
Bath house 724.5 SF _
and walkways
(D) lITotal area di.sturbod 724 5 SF
Proj6ct summary Apolicants propose to bulkhead and baQkfill on area in
Taylor's Creek at the Louth enci nfstlT-1,) Star; ;l; in the Town of
_-
Beaufort in Carteret County. The nurnose is t•g--cQna-tx-uct--a bath-hn» ,e?
i; in this location to serve the dock patrons
9. Narrative description
This request from the. applicant is the second in the reference _I
to secure additional bathing and toilet facilities for the
dock patrons. The first proposal was for a Piling supported
wood framed structure protruding out perpendicular to the
Town bulkhead on the extreme west end of the Boardwalk. This 4
proposal was permitted on a variance request by order of the
Coastal Resources Commission and was issued permit 3-86 on
January 8, 1985.
One of the conditions of that permit required an easement be
approved by the Council of State through the.Department of
Administration's State Property office prior to construction.
This was never granted. The State Property office did
indicate_ in denying this permission that they would be
willing to grant an easement to fill instead a small area
of open water in the area where the bath house is being
proposed in this application.
In this area, the existing Town bulkhead returns into the
land and through a series of turns at right angles to this
return wall, connects to the Geer bulkhead on the west.
The area proposed to be filled is strewn with various
concrete and stone objects, along with the existing Town
storm sewer which pipes storm runoff from Turner Street into
Taylors Creek. Minor numbers of oyster sets exist on these
objects.
The applicants are proposing to construct a 232' concrete
tongue and groove bulkhead with concrete cap continuing the -
existing Town alignment. This bulkhead-will turn and return
232' into the high ground along the Town property line where
it borders the Sonny Geer property on the west. The
enclosed area will be backfilled with sand and tie backs placed
as needed. On this area a bath house approximately 28' x 20'
will be constructed out of wood and on the produced grade by
the bulkhead and backfill on a concrete slab.
10. Anticipated Impacts
This project will involve the filling of.638 sq. ft. of shallow
salt water estuarine area with approximately 95 cu. yds of
fill material. The area will be covered by concrete and the
bath house and walkways will consume 7252 sq. ft. Adjacent
waters are classified as SC according to the Division of
Environmental Management and closed to shell fishing according
the the Division of Health Services.
1
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,? ••• ,' • PERMIT TO EXCAVATE AVD/OK FILL - v'WATI`4 QUALITY CIRWICAr
EASEMENT IN LANDS COVCI:CD BY WATC'K CAMA PERMIT dog MAJOR DULLOPrt1ENT
Oepartmcnt or Adminlstration State *(North Carolina [hpartment of the Army
i (GS 146-1 2) Otputrnent of Natur.Q Rrsuurvet and Community Development Corps of CnKineers, 1t'dm,.,eion Uititrir
_ 19S 113.229.143-215.3(.1)(1). 143-2153(c), It3A•t18 (33CrK 209.320.729)
Please type or. print and fill in all blanks. If information is not applic.tble, so indicate by placing N/A i ? h arf _;P
?n
1. Applicant Information 1 986
•.. A. Name TOWN OF BEAUFORT vl?
Last First Middle - t.?X
ft. Address POLLOCK STREET
Street, P. O. Box or Route
BEAUFORT N.C. 28516 (919) 728-2141
• City or 1'owrt State Zip Code Phonc
11. Location of Proposed Project:
• A. County CARTERET
B. 1. City, town, community or l.indrttark _BEAUFORT
2. Is proposed work within city limits? Ycs X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
• TAYIARS CREEK '
Ill. Dcscrip?tion of Project '
A. 1, Maintenance of existing prnje ct 2. New work X
B. Purpose of excav.tion or fill
1. Accessch.tnnel lengti+' ? width dcptlr
• 2.- l3uat b•t;in length width ________.depth
3. Fill area length width depth V
4. Other X length SEE wiathATTACHED dclith DRAWING
?. I. Bulkhead length 22'4" Average distance svaterward of N11- RV (shoreline; 24'
2. Type of bulkhead construction (material) CONCRETE.
I). Excavated matcriat (total for project)
1. Cubic y.trds _ - N/A 2. Type of material _ N/A
E. Fill material to hr placed Win,: I%,[ AV (sec also V1. A)
1. Cubic yards - 87 2. Type of matcriat SAND
IV. Land Type. Disl+us.tl Area, and Consietrc'tion Equipment:'
,
A: [)tics the art% to he c.\c.watcd include any ntarshl;totl, swamps or other wetland? Yes •' No N1
Q, [)ues the disl+?+..rl area inrlud? and rnarshtand, sttantps or other wetland? Yes No N A
C.- Disjtosal Arc.t'• -
1. Location- N/A
I)o you el.rint title to di>t+u?:,t arc.,? N/A "°_ --•
• D. Fill ntatcrial source if till is to be trucked in COMMERCIAL SAND PIT
1;, ;I lr w will cmc,+t•alctt material be entrahlu ,uul crusiun cuntroltrtl? WITH TONGUE AND GROOVE CONCRETE BULKHEAD
If (it c4plilillivill 141 he'tvwd
0e 1Vitl nt.nshl.trnl be tr v-ed in t+,tmlurrlin; ctluil+ment It) l+rujeel tile? If yes, expl,urs NO
+ Sri l ..
,tt 1
t '. . .
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s. ?o+nmcru.tl -'
3: Housing Development or Industrial '
4. Other TOWN OF BEAUFORT BATH HOUSE FOR GENER43L BOATING PUBLI
6. 1. List size(s) 22''4"x32 : '
2. Elevation of lot(ti) above mein high water 2"
3. Soil type and texture SAND '
4. Type of building facilities or structures BATH HOUSE
S• Sewage disposal and/or waste water treatment A.. Existing X Planned
B. Describe. .
_ 6.1and.Classifte.1tiort•(eirclc one)DEVELOPED TRANSITIONAL CO+ti MUNITY RURAL
CONSERVt%'?1Utt-OTNIrR RURAL t'lan Syt
VI. Pcrtaininz to Fill and Water Quality: (Sec CAMA Local Lard Use
• ' .
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X
B, 1: Will any runoff or dicchar o No
?e enter adI jacent waters as a result of project activity or planned use of the
. arcs folios;•in; project eompletion?• Ycs NO- X
2. Type of discharge
3. Location of discharge N A
VII, Present rate of sltsrelit:c erosion (if known):
VIII, List permit numbers and issue dates of previous Department of Army Corps of Engin.ers or State permits for
work in project area, if a?plicablo: - :?? -•
IX. Length of tine required to comtaete•projecc: 60 DAYS
X. In addition to the completed a, plication form, the following items must be provided:
A. Attach a copy of the decd (with State application only) or other instrument unjvr which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then fotsvard a copy of the decd or other instrument under which the osiner claims title plus written ?
permission from the owner to carry out the project on bis land. '
8-, Attach an accurate wort: plat drawn to scale on S%: X.11" white paper (see instruction booklet for
details). Note: 06-iual drawings preferred - only high quality copies accepted.
copy of Elie application and plat must be served upon adjacent riparian landrn•....- by registered or
certified mail or by publication (G.S. 113-229 (d))Entcr date scrved
0. List names and complete addresses of the riparian landowners with propct ty adjoining applicant's.
Such owners have 30 days in ss•hich to submit comments to agencies listed below.
PLH. GEER, JR. -GEER 61L CO. 612 EVANS STREET MOREHEAD CITY, N.C.
TOWN OF BEAUFORT - POLLOCK STREET, BEAUFORT, N.C
XI. Certification requirement: 1 certify that to lite best of my knowled;;r., the proposed ?etivity corn tics
with the State of .North Carolina's approved coastal managenicnc program and will he conducted it a
manner consistent with such program.
X11.. Any permit issue;[ pursuant to this application will allow only. the development dcscribcd in this at:pli-
l+eatiort and plat. Applicants s!i utld therctote describe in the application.111+1 plat all anticipated devcl-
olintcltt a,6vities, ineludint; construction, excavation, filling, and land cle-zing.
Ile l , 1 . .
j N OF BEAUFORT
)ATE
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BEAU FORT DOCKS
TOWN OF BEAU F6RT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
November 24, 1986
Mr. Charles Jones _
Office of Coastal Management U U LJ
3411 Arendell Street
Morehead City, NC 28557
Mr. Jones:
Accompanying is the Town of Beaufort's application to
bulkhead and fill an area for the purpose of building bathroom
facilities for the Town of Beaufor.t's visiting boaters. You and
I have had several discussions regarding this area which is
illustrated on the accompanying drawing. I believe that you are
also familiar with the history of the Town's efforts to obtain
permission to build this badly needed facility. On January 16,
1985, we first contacted you regarding this request. Following
that, we submitted an application to build this facility over the
water of one of the Town's boat slips. After several months of
waiting, this request was denied. The Town then went before the
Coastal Resources Commission and was granted unanimous approval
for permission to build this facility over the water. At that
point, the Town was told by the State Property Office that they
would-not permit the facility over the water. However, the State-
Property Office sent a representative to Beaufort 'to help us
locate a suitable place for this fAcility, since they
acknowledged the great need for.it'. After a long period of
searching, the State Property Office came to the conclusion that
the only suitable location that was not over the water was the
exact location that we are now requesting your permission to
bulkhead and fill for this purpose. The State Property Office
has agreed to give us its permission to do so and has agreed to
deed the newly created property to the Town.
It is significant to note that the permitting authorities
granted permission to the Town to build its present bulkhead
directly adjacent to this area and to fill in the area behind it
which was very much larger than this area in question. This
bulkhead is about 840 feet long. The bult?hend -e are requesting
will be ?2 fePr 4 inches long. The thinking behind this granted
permission was obviously that this 840 feet bulkhead and filled
in area could accomplish much more good than any harm that could
have resulted from permitting it. Time has proven this thinking
,to be correct. The-bulkhead that we are now requesting is
isimply a 22 feet 4 inches extension of this 840 feet bulkhead and
;its purpose is the same as that of the longer bulkhead. Although
time has not had a chance to prove this thinking•to be correct, an
i%investigation of the need for this facility does prove it to be
z
already correct. (Please 'see at excerpts from the Town's
successful variance request on its proposal to build showers over
the water. These facts supporting the need for such a facility
are even more significant now, one 'year later, than they' were then.)
It is also significant to note the condition of the bottom
that the Town is requesting to cover. A large concrete storm
drain covers much of this bottom. The large concrete slabs that
protect this culvert cover even more of the bottom. Additionally,
there is a sewer service pipe that also covers part of this area
and its concrete protection covers even more of this area. There
will never be any marsh grass growing in these areas, nor any
bottom life burrowing into these concrete areas.. There is no
marsh grass at all in this entire area (the closest marsh grass
is 1040 feet away). There is also no bottom life burrowing into
the bottom in this area (much of this area that is not covered by
pipes and concrete is covered by other broken pieces of concrete).
Also, there is a marine fueling station immediately adjacent to
this area. Biologically speaking, this is practically a dead
area and destined to remain so.
It is also significant that the Town has been requesting
permission to build this badly needed facility for 22 months. Of
additional significance is the fact that the construction of the
Town's badly needed public restrooms for land visitors is being
held up until this requested facility is permitted and built.
(Please see attached excerpts from the Town's successful variance
request).
The Town would like to request your assistance in expediting
the processing of this request, particularly since the request is-
of such long standing and the need is so great. Accordingly,
please notify me at your earliest convenience of anything
additional that you require in thi's regard.
Sincerelv,
Haywood Weeks
Enclosures
SS:sh
I
i
2
v?L
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 Field David W. Owens
S. Thomas Rhodes, Secretary Services Section
P.O. Box 769 Director
Morehead City, NC 28557
919 726-7021
CERTIFIED !MAIL December 22, 1986
RETURN RECEIPT REQUESTED
Mr. Haywood Weeks
Beaufort Docks
Town of Beaufort
500 Front Street
Beaufort, NC 28516
Dear Mr. Weeks:
The Division of Coastal Management hereby acknowledges
receipt of your application for state permit to construct a
bulkhead with back fill in order to provide an area to construct
a bathhouse for the Town of Beaufort at the foot 6f Turner Street
adjacent to Taylors Creek in the Town of Beaufort, Carteret
County. We have found that your application lacks information
necessary to consider it complete under Coastal Management
regulations... In order to have a complete application necessary
for us to begin processing, you should submit the following
items:
1. More information is needed on the application form
in the blanks indicated.
2. An accurate work plat of your project should be drawn
to scale and should include the following items;
?'a. A location map
b. Elevations of the adjacent property and the
.existing water depths
c. One-quarter inch border is required around the
perimeter of the drawing
d. An, arrow indicating the direction of North is
also required
e. A cross-section of the proposed bulkhead and back-
fill is needed also. You should follow the examples
Ali enclosed in the instructions attached with thi
letter. s
P.O. Box 27687, Raleif,h, North Carolina 27611.7687 Telephone 919-733.2293
An Equal Opportunity Affirmative Action Fm6lo>yer
3.. You should also notify adjacent riparian property
owners by cdrtified mail. and submit proof to this
office that you have done so.
4. You should submit a check in the amount of $100
written to DDTRCD required to cover the advertisement
and processing.
Once we have received this additional information you will
be notified of the acceptance of your application as complete,
or you will be notified if further clarification.of this request
is needed. If you have any questions concerning this or any other
related matter, please feel free to contact me at my Morehead
City Office.
Sincerely,
Nelson G. Paul
Field Consultant
/kc '
Enclosures
cc: Charles.Jones
John Parker
11
r?
v
r
BEAUFORT DOCKS
TOWN OF BEAUFORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
r
r
I
i
January 5, 1987
Mr. Nelson Paul
Office of Coastal Management
3411 Arendell Street
Morehead City, N.C. 28557
Mr. Paul:
`.'
Regarding your letter of 12-22-86 concerning the Town of Beaufort's
application of 12-9-86, please note the following:
1. You requested that blank E of section IV be filled in. This
blank requests the type of equipment to be used to entrap and control
erosion of excavated material. As indicated in the application there
will be no material excavated. .Also as indicated in the application,
erosion will be controlled by a tongue and groove concrete bulkhead.
No equipment will be used to control erosion. If the question is what
equipment will be used to install the concrete bulkhead, the answer
i?; a crane to lower the concrete sheets into --place and a pressure water
hose to.help seat them.
Regarding the-information requested in section VIII, there are no
U.S. Army Corps of engineer or State permits for work in project area.
That is why none were listed on the application. There is a State permit
for work in an area adjacent to project area. This is #3-86 which is
the same permit referred to in my letter to Charles Jones dated November
24,1986 and which letter accompanied the application as a part of that
application. In that letter this State permit and other pertinent things
were described. On that point, you returned to me all of the material
that we had submitted as parts of the application except this letter.
This letter is most significant and pertinent to the proposed project
and to the application. In fact, without its' contents being considered
as part of this application, the reviewing agencies will be deprived
of important, significant data upon which to base their comments. Accordingly,
since apparently that letter has been separated from the rest of the
application we now formally request that a copy of that letter be made
an integral part of the application and submitted as such to each of
the reviewing agencies or individuals. If this request will not be
granted, we request your written notification to us by return mail stating
that and the reasons thereof. (I have attached a copy of that letter
in case it is not in the file).
The information on blank C of section X is as follows: The adjacent
landowner on the west is P.H. Geer. The copy of the application was
mailed to him on December 10,1986 and received by him on December 12,1986
..
BEAUFORT DOCKS
TOWN OF BEAUFORT
' 500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
Page 2
Mr. Nelson Paul
Office of Coastal Management
as attested by the attached copies of the U.S. Post Office receipts.
The adjacent landowner on the east is the Town of Beaufort. However,
this area of the Town's property which extends continuously over 1,000
feet along the shoreline from this project towards the east is leased
to Beaufort Docks. Although Beaufort Docks is operating under the author-
ity of the Town of Beaufort, notice has also been served on Beaufort
Docks on 12-26-86 as attested by the attached copies of U.S. Post Office
receipts.
2. a. A location map was supplied with the oYiginal application.
and returned to me by you. This same location map has been acceptea
by CAMA on several past approved applications. It is now returned again
to you. Should there be anything wrong with this map alease let me know.
b. Elevations of adjacent property and the existing water depths
are attached.
c. A one quarter inch border is supplied.
d. An arrow indicating the direction of north is supplied. ?
e. A cross section of the proposed bulkhead is supplied.
3. The adjacent landowner on the west was notified on December 10th.
The adjacent landowner on the east was notified on December 26th (see
explanation in paragraph 3 of section 1 of this letter.
4. We had assumed that this would be handled as a modification of
permit #3-86 which dealt with the same subject. However, an additional
check for $100.00 is now supplied.
As requested in the letter to Mr. Charles Jones that accompanied
the application received by your office on December 12th, the Town of
Beaufort would like to again request your assistance in expediting
the processing of this request, particularly since the request is of
such long standing and the need is so great. Accordingly, please notify
me at your earliest convenience of anything additional that you require
in this regard.
Sincerely,
Haywo We :s
HW/jrm
t
BEAU FORT DOCKS
TOWN OF BEAUFORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
January-14, 1987
Mr. Nelson Paul
Office of Coastal Managment
3411 Arendell Street
Morehead City, N.C. 28516
Mr. Paul:
rr?
r
Pususant to our telephone conversation today, accompanying is a copy
of the certified mail notice of our application to Mr.Robert H. Stephens.
We are happy to comply with that request even though it seems strange to
consider Mr. Stephens the adjacent property owner on the east since there
is well over l,ooo feet of property between the project.site and his
property. Within this long space is the entire expanse of the Beaufort
Town Docks and the Inlet Inn Hotel.
-As pointed out before, it has been two years since we first applied
for permission for these showers. Additionally it has been over a month
since we first applied for this present permit. Since the matter is of
such long standing we would appreciate anything you and your office could
do to e;-pedite processing of this application. Accordingly, please let me
know as soon possible if you require anything else.
Sincerely,
Haywood Wee s
Hw/j rm
CC: file
V_Q??w
ti
i
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND `WATER QUALITY CERTIFICATION
'The Department of Natural Resources and Community Development hereby
gives public notice as required by NCGS 113A-119.(b) and 143-215 3(a)(1)
(c) that the Town of Beaufort of Carteret Countv
filed an application on January 15, 1987
for a permit from the Division of Coastal Management to develop in an
Area of Environmental Concern and for certification from the Division
of Environmental Management that a discharge of fill material in project
wetlands will not violate applicable water quality standards.
According to said application the Town of Beaufort proposes to
bulkhead and backfill an area at the south end of Turner•Street-
to construct a bathhouse.
A copy of the entire application and additional information may be
examined (or copies furnished upon request and payment of reproduction
costs) during normal business, hours of the Division.of Coastal Manage-
ment Nelson Paul, Marine Fisheries Building, Morehead City
and/or the Division of Environmental Management David Cotten, NRCD
Regional'Office, 7225 Wrightsville Ave., Wilmincr•ton.
The Division of Environmental management proposes to take final action
on this water auality certification on..or.before February 25, 1987 _
The issuance of the CAMA Major Development permit and the Section 401
Certification may deviate from this projected date depending upon the na-
ture of the continents submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in writing to Mr.
David Owens, Director, Division of Coastal Management, PO'-Box 27687,
Raleigh, N. C. 27611 prior to February.16, 1987 for, consideration
in the CAMA permit decision, and to Mr. Bill Mills, Division of Envron-
mental Management, PO Box 27687, Raleigh, N. C. 27611 prior to
February 16, 1987 for consideration in the water quality certifi-
cation decision. Later comments on the CAMA application will be accepted
and considered up to the time of permit decision.. Project modifications
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.
Publish .on Januarv 30, 1987
j ye ?,. 5rA1p ??
.?4 PNA• W/V.
"y
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'
Field Services Section David W. Owens
S. Thomas Rhodes, Secretary P.O. Box 769 Director
Morehead City, NC 28557
919 726-7021
January 26, 1987 - t
Carteret County News Times
Arendell Street
Morehead City, NC 28557 f'is`t
Dear Sir:
Please publish the attached notices in the January 30, 1987
issue of the News Times. Send us a bill in duplicate and
Affidavit of publication as soon as possible.
Cordially yours,
Nelson G. Paul
Field Consultant
/kc
Attachments
re:- David E. James
Nathan Gillikin
Town of Beaufort
r
i
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action. Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
February 2, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-016-0193
F rJ 17 2 IJ 1'
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of the Town of Beaufort for a
Department of the Army permit and a State Water Quality
Certification to construct and backfill a bulkhead on Taylors
Creek to provide area for construction of a boaters' bathhouse in
Beaufort, Carteret County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by March 23, 1987, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
*thae W. H is
hief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Nelson Paul
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
.. .--FOR
?? ; PERMIT 70XCAVATC AND/Ult FILL - WATT. UAUTY CCItTIfICATIUN
'EASEMENT IN LANDS COVlI:CO BY %VATi:It CAMA PCRh11T (Olt A r O DCVO rMENT ?.
Department of Adminktration State of North Grollna Oepartmcnt or the Army
(GS 1•!6.12) Depirtrncnt of Nitur.J Rr%uurnes and Community Development... _ Corps or CoKinecrt, %vilit-bon Uiuriet
(GS 113 229, Id)•215.)(a1(11, 143.215.3(c), I IJA.118 (33 crK 209.320.3291
Please type or. print and fill in aril blanks. If informatiun is not applicable, so indicate by placing N/A i tj'tr 5rik,n ,
EC X 19
1. Applicant Information 1 ?V
A. Name TOWN OF BEAUFORT v
. Last First' Middle
8, Address POLLOCK STREET
Street, P. O. Box or Route
. BEAUFORT N.C. 28516 (919) 726-2141
• ' City or Down State Zip Code Phone -"
If. Location of Proposed Project:
• A. County CARTEPET
B. 1. City, to%,.n, community or landrtiark -BEAUFORT
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
TAYLORS CREEK
Ill. Deseri fition of Project
A. 1, Maintenance of existing project 2. New work X
(I. F urpo c of cx.cav?liun or fill '
• 1. Accc%% channel Ivngtlr ' width depth
2. Duat b•t;in length width depth
•3, Fill arcs length width ' depth
4. Other X length SEE wiathATTACHED d611th DRAWING
I. Bulkhead length 2214" Average distance waterward of N1H%V (shoreline) 241
2. Type of bulkhead construction (material) CONCRETE.
1). Excavated material ((otal for project)
1. Cubic yards rT/A 2. Type of material I VA
E. Fill material to he placed bclirw All I%V (wc also V1. A)
1. Cubic yards 87 2. Type of Material SAND
IV, Land Tyllc, DislWs.tl Arca, and Consfnrctiort Equipment:'
-A,' Beres the area to he cxc.ivatcd include any marshland, swamps or other %vettand? Yes No NLA
R. Dues the dislir?..tl area include and m.trshlantl, swamps or other wetland? Yes No N/A
C.- Disj)os3l Area'
1. Location ---- N/A _
• 2, Do you claim title to dislws:d area? N/A
% • COMMERCIAL SAND PIT
0. Vill nlatcri.tl ururCe if lilt is to be trucked in
(,, 711uw ??ill c?ravatrd ntatwial he cnlr,il?l?rJ,uul crusian cuntrolled> WITH TONGUE AND GROOVE CONCRETE BULKHEAD
fT. 11 '11,1C ul coplil,rnr'nt ter IW tht'd -
•I
(I:, 1ti'ill 111.11011.110 hr trm"rit in lr.tn,trurlin; rtluilrrnent to hrujccl site? I( yes, explain NO •?
? Brij ?? • , ?_
1.:. , ,
alt 'tt
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2. Cornmcrci.rl
3.' Housing Development or lnduitrirl '
4. Othcr TOWN"OF BEAUFORT BATH HOUSE FOR GENEML BOATING PUHLI
- - - - - - - - - - - - - - - - -
B. 1.; Lot size(s) 22''4"x32' • '
' Zr Elevation of tut(s) above mean high w,rter 24
3. Soil type and texture SAND
4. Type of building facilities or structures BATH HOUSE
S. Sewagc disposal and/ur waste water treatment A.. Existing X f Iannc, I
6. Describe rTn'V
6. 'l:and.Classific:,tiort'(circle onc)I EVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVr? THLR (Sec CAMA Local Land Use Ilan Syr
VI. Pertaining to Fill and Water Quality: { .
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No _
?. ?. Will any Funoff or discharge enter adjacent waters as a result of project activity or planned use of the
area follou'in, project com;azction?• Yes No x
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known):
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
wort; in project area, if a?p!ieabl?: __ z2_=_ IX. Length of tin;c required to eomp!ctc°projecc: 60 DAYS
X. In addition to the completed application foam, the forlowing items must be provided:
A. Attach a copy of the decd (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owncr of said property, '
then fotsvard a copy of the deed or other instrument under which the owner claims title plus written
1,crmission from the owner to carry out the project on his land. ,
8; Attach an accurate work plat drawn to scale on S% X-41 " white paper (sec instruction booklet for
details). (dote: Original drawings preferred - only high quality copies accepted. .
C. A copy of the application and plat must he served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Entcr date sen•cd
D. List nanies and complete addresses of the riparian landowners with property adjoining applicant's.
• Such owncr have 30 days in which to submil comments to ag
geneies listed below.
P.Ii. GEER, JR. -GEER dIL CO. 612 EVANS STREET, MOREHEAD CITY, N .C.
• ' TOWN OF BEAUFORT - POLLOCK STREET, BEAUFORT, N.C,
XI: Certification requirement; I certify that to the best of my knowled_;e., the proposed -Ic[ivity eornplics
•J with tlhe State of No( th Carolina's approved coastal rnandgenient program and w0l he concluded in a
manner consistent si•ith such program.
All. Any permit iswe;l pursuant to this 1pl)licatia)n will alloW only the dcvelolment dcscril-c(; in this al:pti
I cation and plat. A Illic.ants s'ae?ulef Ihcrefore (lcscrihe in the application and plat all anticipateJdcvcl-
jf ! o(?mcttl activities, including construction, c\cavatioo,.(illiog, ;uadl.rnd cl?arinl;,
X)N )A
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M
BEAU FORT DOCKS
TOWN OF BEAU FORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
November 24, 1986;1
Mr. Charles Jones
Office of Coastal Management ;U lJ L?
3411 Arendell Street
Morehead City, NC 28557
Mr. Jones:
Accompanying is the Town of Beaufort's application to
bulkhead and fill an area for the purpose of building bathroom
facilities for the Town of Beaufort's visiting boaters. You and
I have had several discussions regarding this area which is
illustrated on the accompanying drawing. I believe that you are
also familiar with the history of the Town's efforts to obtain
permission to build this badly needed facility. On January 16,
1985,, we first contacted you regarding this request. Following
that, we submitted an application to build this facility over the
water of one of the Town's boat slips. After several months of
waiting, this request was denied. The Town then went before the
Coastal Resources Commission and was granted unanimous approval
for permission to build this facility over the water. At that
point, the Town was told by the State Property Office that they
would-not permit the facility over the water. However, the State
Property Office sent a representative to Beaufort to help us
locate a suitable place for this facility, since they
acknowledged the great need for it. After a long period of
searching, the State Property Office came to the conclusion that
the only suitable location that was not over the water was the
exact location that we are now requesting your permission to
bulkhead and fill for this purpose. The State Property Office
has agreed to give us its permission to do so and has agreed to
deed the newly created property to the Town.
It is significant to note that the permitting authorities
granted permission to the Town to build its present bulkhead
directly adjacent to this area and to fill in the area behind it
which was very much larger than this area in question. This
bulkhead is about 840 feet long. The bulkhead we are requesting
will be 22 feet 4 inches long. The thinking behind this granted
permission was obviously that this 840 feet bulkhead and filled
in area could accomplish much more good than any harm that could
have resulted from permitting it. Time..has proven this thinking
,to be correct. The bulkhead that we are now requesting is
isimply a 22 feet 4 inches extension of this 840 feet bulkhead and
!its purpose is the same as that of the longer bulkhead. Although
time has not had a chance to prove this thinking to be correct, an
(investigation of the need for this facility does prove it to be
r
already correct. (Please see attached excerpts from the Town's
successful variance request on its proposal to build showers over
.t.tie water. These facts supporting the need. for. such. a -facil.i.ty_
are even more significant now, one year later, than they were then.)
It is also significant to note the condition of the bottom
that the Town is requesting to cover. A large concrete storm
drain covers much of this bottom. The large concrete slabs that
protect this culvert cover even more of the bottom. Additionally,
there is a sewer service pipe that also covers part of this area
and its concrete protection covers even more of this area. There
will never be any marsh grass growing in these areas, nor any-
bottom life burrowing into these concrete areas. There is no
marsh grass at all in this entire area.(the closest marsh grass
is 1040 feet away). There is also no bottom life burrowing into
the bottom in this area (much of this area that is not covered by
pipes and concrete is covered by other broken pieces of concrete).
Also, there is a marine fueling station immediately adjacent to
this area. Biologically speaking, this is practically a dead
area and destined to remain so.
. It is also significant that the Town has been requesting
permission to build this badly needed facility for 22 months. Of
additional significance is the fact that the construction of the
Town's badly needed public restrooms for land visitors is being
held up until this requested facility is permitted and built.
(Please see attached' excerpts from the Town's successful variance
request).
The Town would like to request yourassistance in expediting
the processing of this request, particularly since the request is
of such long standing and the need is so great. Accordingly,
please notify me at your earliest convenience of anything
additional. that you require in thi's regard.
Sincerely,
. ) 4t
Haywood Weeks
Enclosures
s'
SS:sh
2
z
? ? ? „a ST/1TF ? ?.
? State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor Field Services Section David W. Owens
S. Thomas Rhodes, Secretary p , e . Bob 7 6 9 Director
Morehead City, NC 28557
919 726-7021
December 22, 1986
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Haywood Weeks
Beaufort Docks
Town of Beaufort
500 Front Street'
Beaufort, NC 28516
Dear Mr. Weeks:
The Division of Coastal Management hereby acknowledges
receipt of your application for state permit to construct a
bulkhead with back fill in order to provide an area to construct
a bathhouse for the Town of Beaufort at the foot *of Turner Street
adjacent to Taylors Creek in the Tgwn of Beaufort, Carteret
County. We have found that your- application lacks information
necessary to consider it complete under Coastal Management
regulations.. In order to have a complete application necessary
for us to begin processing, you should submit the following
items:
1. More information is needed on the application form
in the blanks indicated.
j 2. An accurate work plat of your project should be drawn
to scale and should include the following items;
?'a. A-location map
b. Elevations of the adjacent property and the
existing water depths
c. One-quarter inch border is required around the
perimeter of the drawing
d. An arrow indicating the direction of North is
ii also required
e. A cross-section of the proposed bulkhead and back-
fill is needed also. You should follow the examples
li enclosed .in the instructions attached with this
1 ' letter.
i,
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919.733.2293
An Equal Opportunity Affirmative Action Employer
6
3. You should also notify adjacent riparian prope . rty
owners by cdrtified mail. and submit proof to this.
office that you have done so.
4. You should submit a check in the amount of $100
written to DNRCD required to cover the advertisement
and processing.
Once we have received this additional information you will
be notified of the acceptance of your application as complete,
or you will be notified if further clarification of this request
is needed. If you have any questions concerning this or any other
related matter, please feel free to contact me at my Morehead
City Office.
/kc '
Enclosures
cc: Charles Jones
.John Parker
a
,r
I?
i'
Sincerely,
Nelson G. Paul
Field Consultant
N
}
BEAUFORT DOCKS
TOWN OF BEAUFORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
January 5, 1987
Mr. Nelson Paul
Office of Coastal Management
3411 Arendell Street
Morehead City, N.C. 28557
Mr. Paul:
- ot-
Regarding your letter of 12-22-86 concerning the Town of Beaufort's
application of 12-9-86, please note the following:
,i
I
r
I
i
1. You requested that blank E of section IV be filled in. This
blank requests the type of equipment to be used to entrap and control
erosion of excavated material. As indicated in the application there
will be no material excavated. Also as indicated in the application,
erosion will be controlled by a tongue and groove concrete bulkhead.
No-equipment will be used to control erosion. If the question is what
equipment will be used to install the concrete bulkhead, the answer
i"3 a crane to lower the concrete sheets into -place and a pressure water
hose to help seat them.
Regarding the information requested in section VIII, there are no
U.S. Army Corps of engineer or State permits for work in project area.
That is why none were listed on the application. There is a State permit
for work in an area adjacent to project area. This is #3-86 which is
the same permit referred to in my letter to Charles Jones dated November
24,1986 and which letter accompanied the application as a part of that
application. In that letter this State permit and other pertinent things
were described. On that point,•you returned to me all of the material
that we had submitted as parts of the application except this letter.
This letter is most significant and pertinent to the proposed project
and to the application. In fact, without its' contents being considered
as part of this application, the reviewing agencies will be deprived
of important, significant data upon which to base their comments. Accordingly,
since apparently that letter has been separated from the rest of the
application we now formally request that a copy of that letter be made
an integral part of the application and submitted as such to each of
the reviewing agencies or individuals. If this request will not be
granted, we request your written notification to us by return mail stating
that and the reasons thereof. (I have attached a copy of that letter
in case it is not in the file).
The information'on blank C of section X. is as follows: The adjacent
landowner on the west is P.H. Geer. The copy of the application was
mailed to him on December 10,1986 and received by him on December 12,1986
BEAU FORT DOCKS
TOWN OF BEAUFORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
Page 2
Mr. Nelson Paul
Office of Coastal Management
as attested by the attached copies of the U.S. Post Office receipts.
The adjacent landowner on the east is the Town of Beaufort. However,
this area of the Town's property which extends continuously over 1,000
feet along the shoreline from this project towards the east is leased
to Beaufort Docks. Although Beaufort Docks is operating under the author-
ity of the Toi.m. of Beaufort, notice has also been served on Beaufort
Docks on 12-26-86 as attested by the attached copies of U.S. Post Office
receipts.
2. a. A location map was supplied with the original application.
and returned to me by you. -This same location map has been acceptea
by CAMA on several past approved applications. It is now returned again
to you. Should there be anything wrong with this mapalease let me know.
b. Elevations of adjacent property and the existing water depths
are attached.
c. A one quarter inch border is supplied.
d. An arrow indicating the direction of north is supplied.
e. A cross section of the pro'osed bulkhead is supplied.
3. The adjacent landoivner on the west was notified on December 10th.
The adjacent landowner on the east was notified on December 26th (see
explanation in paragraph 3 of section 1 of this letter.
4. We had assumed that this would be handled as a modification of
permit #3-86 which dealt with the same subject. However, an additional
check for $100.00 is now supplied.
s As requested in the letter to Mr. Charles Jones that accompanied
the application received by your office on December 12th, the Town of
Beaufort would like to again request your assistance in expediting
the processing of this request, particularly since the request is of
such long standing and the need is so great. Accordingly, please notify
me at your earliest convenience of anything additional that you require
in this regard.
j Sincerely,
j Haywo ?Ves
I
?, FRI/ j rm
BEAU FORT DOCKS
TOWN OF.,.BEAUFORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
Mr. Nelson Paul
Office of Coastal Managment
3411 Arendell Street
Morehead City, N.C. 28516
Mr. Paul:
January 14, 1987
v
Pususant to our telephone conversation today, accompanying is a copy
of the certified mail notice of our application to Mr.Robert H. Stephens.
We are happy to comply with that request even though it seems strange to
consider Mr. Stephens.the adjacent property owner on the east since there
is well over l,ooo feet of property between the project site and his
property. Within this long space is the entire expanse of the Beaufort
Town Docks and the Inlet Inn Hotel.
-As pointed out before, it has been two years since we first applied
for permission for these showers. Additionally it has been over a month,
since we first applied for this present permit. Since the matter is of
such long standing we would appreciate anything you and your office could
do to expedite processing of this application. Accordingly, please let me
know as soon possible if you require anything else.
Sincerely,
VQ7 /
Haywood Wee s
HW/ j rm
CC: file
FIELD T1,V1:STTCATT0t1 1%'1,:1,01Vf Long. /•b J/ 4U 04 ya.. 52
1. ,Iv,licant's nacn.e Town of Beaufort
2. Location of. project site Turner Street and Tavlors Creek, wn'o ,Q1:i .
Carteret County, Photo ref 33-1204-n-16
A,
3. Investigation type: Dredge & Fill xx CAt!A xx
4. Investigative procedure: (A) Dates,of site visit1/16/87 JAN 2 ' 1987
(B) Was applicant- present yes
.-WA 0 1
%n I I C, I M3 U!
S. Processing procedure: Application received 1/15/87 Office Morehead City_ 7
6. Site description: (A) Local Land Use Plan Town of Beaufort
Land classification from LUP Conservation/bevel Qped .___
Development constraints ident.iiied in LUP Town policies on
AEC development parallel CRC use standards for the stnarine arPas_ ThP +
Town considers marina proposals for their environmertal impart as ane _
of many factors'(ng. 26)
(B) AEC(s) involved: Ocean 11azard Estuarine shoreline x
Coastal wetlands Public trust waters x _
Estuarine waters X Other
(C) Water dependent: 'Yes No X Other
(D) Intended use: Public Private Con'Lmercial X
(E)' Type of waste water treatment: Existing Town waste treatment system
Planned none
(E) Type of structures: Existing docks and piers
Planned bath house
(G) Estimated annual rate of 'erosion none Source (bUlkheadt-
7. Habitat description:
• AREA
(A) Vegetated wetlands: Dredged Filled other,
(B) Non-vegetated wetlands:
Fill area (Shallow
638 SF
salt water estuarine
areal
(C) Other:
Bath house c?tr_unf-Pre
and walkwavs
(D) !!Total area disturbod: 724.5 SF
8. Proj6.c.t sunun:iry_ Apnlicants propose to bulkhead and _ )a_Cj.?i.j.l..area-i in
724.5 SF
I ; Taylor's Cr_oek at the _gotit-h end of Turn...StXC-Qt In the- Town of
? Beaufort in Carteret County._____Z?ho purpose is to_con5Jtr=-t-a-j;)a..th house
iz in this location.to serve the dock patrons
s
9. Narrative description
This request from the. applicant is the second in the reference
to secure additional bathing and toilet facilities for the
dock patrons. The first proposal was for ,a oiling supported
wood framed structure protruding out perpendicular to the
Town bulkhead on the extreme west end of the Boardwalk. This
proposal was permitted on a variance request by order of the
Coastal Resources Commission and was issued permit 3-86 on
January 8, 1985.
One of the conditions of that permit required an easement be
approved by the Council of State through the.Department of
Administration's State Property Office prior to construction.
This was never granted. The State Property Office did
indicate in denying this permission that thev would be
willing to grant an easement to fill instead a small area
of open water in the area where the bath house is being
proposed in this application.
In this area, the existing Town bulkhead returns into the
land and through a series of turns at right angles to this
return wall, connects to the Geer bulkhead on the west.
The area proposed to be filled is strewn with various
concrete and stone objects, along with the existing Town
storm sewer which pipes storm runoff from Turner Street into
Taylors Creek. Minor numbers of oyster sets exist on these
objects.
The applicants are proposing to construct a 232' concrete r
tongue and groove bulkhead with concrete cap continuing the
existing Town alignment. This bulkhead•will turn and return
232' into the high ground along the Town property line where
it borders the Sonny Geer property on the west. The
enclosed area will be backfilled with sand and tie backs placed
as needed. On this area a bath house approximately 28' x 201_
will be constructed out of wood and on the produced grade by
the bulkhead and backfill on a concrete slab.
10. Anticipated Impacts
This project will involve the filling of.638 sq. ft. of shallow
saltwater estuarine area with approximately 95 cu. Ids of
fill material. The area will be covered by concrete and the
bath house and walkways will consume 72515 sq. ft. Adjacent
waters are classified as SC according to the Division of
Environmental Management and closed to shell fishing according
the the Division of Health Services.
i
PERMIT TO CXCAVATC AND/OK FULL - •'WAT UALITY CCRTIFIC, 1`10N
1 EASEMENT IN LANDS COVL:ItCD-BY IVATE:'R CAMA PERMIT ro.it AL\JOR DCVLLOPMENT ,
Department of Adminisuuion State of North Cirotlna • + Department of the Army
(GS I.16 12) Department of Natural Rnuurtcs and Cornmunity Development Corps of Cnginccrs, 1t•411mm%z(on Uistriet
(9S 113.229, I.33 215.3(a}(1), 143.215.3(c), 113A•118' (33crlt 209.320.329)
Please type or print and fill in all blinks. If information is not applic.rble, so indicate by placing NJA 2t) 5rik I,
u
DEC , 1988
1. Applicant Information A. A. Name TOWN OF BEAUFORT v
_ . Last First- Middle- -
8. Address POLLOCK STREET - -
Street, P. O. Box or Route
BEAUFORT N.C. .28516 .(919) 726-2141
• ' City or Town State Zip Code Phone
if. Location of Proposed Project:
• A. County CARTERET
0. 1. City, town, conirnunit}i or landmark -BEAUFORT
2. Is proposed wort; within city limits? Ycs X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
TAYLORS CREEK
[it. Description of Project
A. 1. h1aintenance of existing project 2. New work X
• Q. Purpose of excav,aiun or fill '
1. Access channel vngth ' ' • width depth
2.. Boat basin length width depth
3. i=ilt arcs fengt)i width depth
4. Other X IcnFth SEE wiilthATTACHED dclith DRAWING
C, 1. Bulkhead length 2214" Average distance svaterward of MIRY (shoreline) 241
2. Type of budkliead construction (material) CONCRETE.
1). Excavated material (total for project) ,
1. Cubic yards N/A 2. Type of miteri tl - 'td/A
E. Fill material to be placed below All IIV (sec also V1. A)
1. Cubic yards 87 2. Type of material SAND
IV. Land Tylic, Dispos.il Area, and Consftuction Equiinncnt: ,
A: Dues the area to he excavatcd include arty mirshlancf. swamps or other wetland? Yes No _NIA
a. Dues trio di slit ,.al area include any marshlancl, swatttps or other wetland? Yes No N A
C.- Disiiosal Area
1. Location N/A
Do you Omni title to disposal area? N/A •- "'
1). Dill nmatcriaf %ouice if till is to be trucked in COMMERCIAL SAND PIT -~?
tutu will C\(ety tctl n+.itctial be entrapped and erosion controlled? WITH TONGUE AND GROOVE CONCRETE BULKHEAD
?r)IIc (if t•4111ihnn•nt lei lie u"e.l
NO
CI:. IVll m.usltl.tn,l br trrn.rd in tian,t?urtin; ct{uilmirnt to 11rcrject site? If yes, explain
.t11
In/7n • .
2. Cotnmcrci,rl
• •' , 3.' Housing Devcluprn.cnt orIndustrial '
4. Other TOWN OF BEAUFORT BATH HOUSE FOR GENE ML BOATING PUBLIC
8. 1. Lot sire(s) 22'•4"x32' .
2. Elevation of tut(s) above mein high water 20
• 3. Soil type and texture SAND
4. Type of building facilities or structures BATH HOUSE '
S, Sewage disposal and/or waste water treatment A.. Existing X Plann-1
B. Describe
------------
6.'t-and.Classification(circle one)(nEVELOPED TRANSITIONAL C0?\1h1UN17')'
RUR:?L
CONSERV,%M l HER (See CAMA Local Land Use 1'1an Syn
Vi. Pertaining to Fill and Water Quality: {
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No
B. 1. Will any Funoff or dischar-c enter adjacent waters as a result of project activity or planned use of the
arca followin; project completion?- Yes No_ x
2. Type of discharge - M/A
3, toeation of discharge N/A
VII. Present rate of shoreline erosion (if known):
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Etsgineers or State permits for
work in prnjcct area, if 2?p;icabl; : - a
IX. Length of time required to eomp!etc•projeet: 60 DAYS
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the decd (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claim 'ino to be the owner of said property, '
then forward a copy of the decd or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
M, Attach in accurate wort: plat drawn to scale on M. X:,l l" white paper (sec instruction booklet for
details). Note: Original drawings *preferred - only high quality copies accepted-
C. A py of the application and plat must be served upon adjacent riparian Itnlov.nrr's by registered or
certified mail or by publication (G.S. 113-229 (d))E titer date served
D. List names and eornplete addresses of the riparian landowners with property adjoining applicant's.
Such owncrs have 30 days in which to submit comments to agencies listed hclow.
Y • • f
P H GEER JR. - GEER OIL CO. 612 EVANS STREET MOREHEAD CITY, N.C.
TOPM OF BEAUFORT - POLLOCK STREET, BEAUFORT, N.C:'
XL Certification requirement: I certify that to the best of my knowledge., the proposed activity eornplies
with the State of North Carolina's : pprovcd coastal management program and will he conducted in a
manner consistent With such program.
Xll.. Any permit issued pursuant to this apptic.,ti,-In
cation and will allow only late drvelopracnt cfcscrihcu in this at:pti
/ pLu. \plrlic•ants stnxrld the rr(orc
ormcnt ics elescrihe in the applicalion anti plat all anlicipatc•J dcvel•
jf 1 aetiwil, inetuditit; construction. CXcavation, filling, and land clrarinlt,
!rf 1, •
j J N OF BEAUFORT ?-,
)ATE ! r 1
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BEAU FORT DOCKS
TOWN OF BEAU FORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
November 24, 1986;!
Mr. Charles Jones
Office of Coastal Management U 1.I[?
3411 Arendell Street --
Morehead City, NC 28557
Mr. Jones:
Accompanying is the Town of Beaufort's application to
bulkhead and fill an area for the purpose of building bathroom
facilities for the Town of Beaufort's visiting boaters. You and
I have had several discussions regarding this area which is
illustrated on the accompanying drawing. I believe that you are
also familiar with the history of the Town's efforts to obtain
permission to build this badly needed facility. On January 16,
1985, we first contacted you regarding this request. Following
that, we submitted an application to build this facility over the
water of one of the Town's boat slips. After several months of
waiting, this request was denied. The Town then went before the
Coastal Resources Commission and was granted unanimous approval
for permission to build this facility over the water. At that
point, the Town was told by the State Property Office that they
would-not permit the facility over the water. However, the State
Property Office sent a representative to Beaufort- to help us
locate a suitable place for this futility, since they
acknowledged the great need for it. After a long period of
searching, the State Property Office came to the conclusion that
the only suitable location that was not over the water was the
exact location that we are now requesting your permission to
bulkhead and fill for this purpose. The State Property Office
has agreed to give us its permission to do so and has agreed to
deed the newly created property to the Town.
It is significant to note that the permitting authorities
granted permission to the Town to build its present bulkhead
directly adjacent to this area and to fill in the area behind it
which was very much larger than this area in question. This
bulkhead is about 840 feet long. The bulkhead we are requesting
will be 22 feet 4 inches long. The thinking behind this granted
permission was obviously that this 840 feet bulkhead and filled
in area could accomplish much more good than any harm that could
have resulted from permitting it. Time_has proven this thinking
/to be correct. The bulkhead that we are now requesting is
rsimply a 22 feet 4 inches extension of this 840 feet bulkhead and
its purpose.is the same as that of the longer bulkhead. Although
time has not had a chance to prove this thinking to be correct, an
i t investigation of the need for this facility does prove it to be
i
already correct. (Please see attached excerpts from the Town's
successful variance request on its proposal to build showers over
the water. These facts supporting the need for such a facility
are even more significant now, one year later, than they'were then.)
It is also significant to note the condition of the bottom
than the Town is requesting to cover. A large concrete storm
drain covers much of this bottom. The large concrete slabs that
protect this culvert cover even more of the bottom. Additionally,
there is a sewer service pipe that also covers part of this area
and its concrete protection covers even more of this area. There
will never be any marsh grass growing in these areas, nor any
bottom life burrowing into these concrete areas. There is no
marsh grass at all in this entire area (the closest marsh grass
is 1040 feet away). There is also no bottom life burrowing into
the bottom in this area (much of this area that is not covered by
pipes and concrete is covered by other broken pieces of concrete).
Also, there is a marine fueling station immediately adjacent to
this area. Biologically speaking, this is practically a dead
area and destined to remain so.
It is also significant that the Town has been requesting
permission to build this badly needed facility for 22 months. Of
additional significance is the fact that the construction of the
Town's badly needed public restrooms for land visitors is being
held up until this requested facility is permitted and built.
(Please see attached excerpts from the Town's successful variance
request).
The Town would like to request your assistance in expediting
the processing of this request, particularly since the request is
of such long standing and the need is so great. Accordingly,
please notify me at your earliest eonv'enience of anything
additional that you require in this regard.
Sincerely,
)4 ?? VWV_/
Haywood Weeks
Enclosures
SS:sh
ti
2
t
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 Field Services Section David W. Owens
S. Thomas Rhodes, Secretary P.O. Box 769 Director
Morehead City, NC 28557
919 726-7021
December 22, 1986
CERTIFIED -MAIL
RETURN RECEIPT REQUESTED
Mr. Haywood Weeks
Beaufort Docks
Town of Beaufort
500 Front Street
Beaufort, NC 28516
Dear Mr. Weeks:
The Division of Coastal management hereby acknowledges
receipt of your application for state permit to construct a
bulkhead with back fill in order to provide an area to construct
a bathhouse for the Town of Beaufort at the foot'of Turner Street
adjacent to Taylors Creek in the Town of Beaufort, Carteret
County. We have found that your application lacks information
necessary to consider it complete under Coastal Management
regulations.. In order to have a complete application necessary
for us to begin processing, you should submit the following
items:
1. More information is needed ' on the application form
in the blanks indicated.
2. An accurate work plat of your project should be. drawn
to scale and should include the following items;
?'a. A location map
b. Elevations of the adjacent property and the
,existing water depths
c. One-quarter inch border is required around the
perimeter of the drawing
1! d. An arrow indicating the direction of North is
rr also required
e. A cross-section of the proposed bulkhead and back-
fill is needed also. You should follow the examples
li enclosed in'the instructions attached with this
letter.
is
P.O. Box 27687, Poleigh, North Carolina 27611-7687 Telephone 919.733-2293
An Equal Opportunity Affirmative Action Employer
f
3. You should also notify adjacent riparian property
owners by cdrtified mail.and submit proof to this
office that you have done so.
4. You should submit a check in the amount of $100
written to DNRCD required to cover the advertisement
and processing.
Once we have received this additional information you will
be notified of the acceptance of your application as complete,
or you will be notified if further clarification of this request
is needed. If you have any questions.concerning this or any other
related matter, please feel free to contact me at my Morehead
City Office.
Sincerely,
Nelson G. Paul
Field Consultant
/kc '
Enclosures
cc: Charles Jones
John Parker
r?
t!
it
i'
r
? w
BEAUFORT DOCKS
TOWN OF BEAUFORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
January 5, 1987
Mr. Nelson Paul
Office of Coastal Management
3411 Arendell Street
Morehead City, N.C. 28557
Mr. Paul:
Regarding your letter of 12-22-86 concerning the Town of Beaufort's
application of 12-9-86, please note the following:
1. You requested that blank E of section IV be filled in. This
blank requests the type of equipment to be used to entrap and control
erosion of excavated material. As indicated in the application there
will be no material excavated..Also as indicated in the application,
erosion will be controlled by a tongue and groove concrete bulkhead.
No equipment will be used to control erosion. If the question is what
equipment will be used to install the concrete bulkhead, the answer
is a crane to lower the concrete sheets into -place and a pressure water
hose to.help seat them.
r,
Regarding the information requested in section VIII, there are no
U.S. Army Corps of engineer or State permits for work in project area.
That is why none were listed on the application. There is a State permit
for work in an area adjacent to project area. This is #3-86 which is
the same permit referred to in my letter to Charles Jones dated November
24,1986 and which letter accompanied the application as a part of that
application. In that letter this State permit and other pertinent things
were described. On that point, you returned to me all of the material
that we had submitted as parts of the application except this letter.
This letter is most significant and pertinent to the proposed project
and to the application. In fact, without its' contents being considered
as part of this application, the reviewing agencies will be deprived
of important, significant data upon which to base their comments. Accordingly,
since apparently that letter has been separated from the rest of the
application we now formally request that a copy of that letter be made
an integral part of the application and submitted as such to each of
the reviewing agencies or individuals. If this request will not be
granted, we request your written notification to us by return mail stating
that and the reasons thereof. (I have attached a copy of that letter
' in case it is not in the file).
i
I? The information on blank C of section X is as follows: The adjacent
landowner on the west is P.H. Geer. The copy of the application was
i mailed to him on December 10,1986 and received by him on December 12,1986
BEAU FORT DOCKS
TOWN OF BEAU FORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
Page 2
Mr. Nelson Paul
Office of Coastal Management
as attested by the attached copies of the U.S. Post Office receipts.
The adjacent landowner on the east is the Town of Beaufort. However,
this area of the Town's property which extends continuously over 1,000
feet along the shoreline from this project towards the east is leased
to Beaufort Docks. Although Beaufort Docks is operating under the author-
ity of the Town of Beaufort, notice has also been served on Beaufort
Docks on 12-26-86 as attested by the attached copies of U.S. Post Office
receipts.
2. a. A location map was supplied with the original application.
and returned to me by you. This same location map nas been acceptea
by CAMA on several past approved applications. It is now returned again
to you. Should there be anything wrong with this map lease let me know.
b. Elevations of adjacent property and the existing water depths
are attached.
c. A one quarter inch border is supplied.
d. An arrow indicating the direction of north is supplied.
e. Across section of the proposed bulkhead is supplied.
3. The adjacent landowner on the west was notified on December 10th.
The adjacent landowner on the east was notified on December 26th (see
explanation in paragraph 3 of section 1 of this letter.
4. We had assumed that this would be handled as a modification of
permit #3-86 which dealt with the same subject. However, an additional
check for $100.00 is now supplied.
As requested in the letter to Mr. Charles Jones that accompanied
the application received by your office on December 12th, the Town of
Beaufort would like to again request your assistance in expediting
the processing of this request, particularly since the request is of
such long standing and the need is so great. Accordingly, please notify
me at your earliest convenience of anything additional that you require
in this regard.
1 Sincerely,
Haywo We cs
HW/ j rm
i
A
BEAU FORT DOCKS
TOWN OF BEAU FORT
500 FRONT STREET
BEAUFORT, NORTH CAROLINA 28516
January 14, 1987
Mr. Nelson Paul
Office of Coastal Managment
3411 Arendell Street
Morehead City, N.C. 28516
Mr. Paul:
r-
Pususant to our telephone conversation today, accompanying is a copy
of the certified mail notice of our application to Mr.Robert H. Stephens.
We are happy to comply with that request even though it seems strange to
consider Mr. Stephens the adjacent property owner on the east since there
is well over l,ooo feet of property between the project site and his
property. Within this long space is the entire expanse of the Beaufort
Town.Docks and the Inlet Inn Hotel.
'As pointed out before, it has been two years since we first applied
for permission for these showers. Additionally it has been over a month
since we first applied for this present permit. Since the matter is of
such long standing we would appreciate anything you and your office could
do to expedite processing of this application. Accordingly; please let me
know as soon possible if you require anything else.
Sincerely,
Haywood Wee s
HW/ j rm
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