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HomeMy WebLinkAbout19870059 Ver 1_COMPLETE FILE_19870828 Permit Class New STATE OF NORTH CAROLINA Department of Natural A,nd,Community Development Permit Number 132-87 'f 2 XMaio 1nt ink?c IL 12, ?X Excavation to NCGS 113-229 f. Issuedto William W. Cochran, 1000 Breakwater Drive, Fort Collins, Colorado authorizing development in Hyde Countyat Pamlico Sound, at Ocracoke, N. C. as requested in the permittee's application dated 4/16/87 i nc 1 udi ng attached plats, 3, sheets 1-3 of 3 revised, dated received 4/21/87 This permit, issued on V2 VIC7 , 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) All excavated materials will be confined landward of the normal high water (NHW) elevation contour and any irregularly flooded wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. The limits of the excavated material retention, area-will be marked by -the permittee and approved by the N. C. Division of Coastal Management and the Corps of Engineers prior to commencement of work., (2) The diked disposal area, will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh and/or surrounding waters. (3) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or below the mean low water level to prevent gully erosion and unnecessary siltation. (4) The terminal end of the pipeline will be positioned at or greater than fifty See attached sheet for Additi ons 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 nrr nnrle WV-p 1Jltu nrnspet iq inS o% tPn tnr rmmnltannp Anv maintenance Wnrlr or rirniert modif;rntinn not covered hereunder requires further Departincntal approval. All work must cease when the permit expires on December 31, 1990 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coast?- Management This permit and its conditions are hereby accepted. Signature of Permittee VA??l A William W.`Cochran " Permit #132787 Page 2 ADDITIONAL CONDITIONS (50) feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. (5) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water-quality standards. (6) The excavation will be conducted below the mean high water level and not exceed 6 feet below the elevation of normal water level. (7) Neither submerged or emergent wetlands will be excavated.or filled. (8). The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized.' (9) The dike and spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) days of :project completion. (10) Submittal and approval of an erosion/sedimentation" control plan will be required for this project. The plan must identify;all'measures to be utilized during` site''. development to restrain;;sediment from entering adjacent waters .or properties:. This: plan must be ,,filed With the N: C:r Dept. of Natural Resources and Community Development`,Division of Land Resources; Land Quality .Section, P. 0. Box 1507; Washington, N27889. -' - (1`1) The activit will b ?. y be conducted.in-.:such a manner as 'to"`prevent significant increases in turbidity,outside,the are&.ef construction or construction-related discharge (12) Use of ,the permitted 'activity` must ';riot interfere with the public's right to free navigation on all navigablewaters of the United States. (13) The permitt.ee: will `maintain the. :authorized pier. >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... ., 7, ,NOTE: Care should be taken to ensure ?thatsewage and/or other wastes are not ;discharged from boats docked at this pier. Such a discharge either directly or indirectly, to adjacent, waters could contravene state water quality standards, thereby violating state law. NOTE: The permittee and/or"his contractor is urged to., meet with representatives of the Div. of. Coastal Management, and/or the Army-,Corps',of Engineers prior to.project'initiation . NOTE: The proposed pier hould be clearly marked with durable, reflective mater u to reduce its potential as a navigational hazard during hours of darkness or inclement weather. NOTE: The proposed project is certified under General,Water Quality Certification No. 1273 issued 'on Nov. 10,1978, for discharges.-bf liquid effluent from diked upland disposal 'areas.< July 10, 1987 MEMORANDUM TO: Bill Mills FROM: George Matthis G SUBJECT: William Cochran mod fication On January 12, 1987 this office denied a CAMA permit requested by Mr. William Cochran for the excavation of a boat basin and access channel and construction of a pier with 8 slips on Pamlico Sound at Ocracoke, Hyde County. This denial was based on objections from the Division of Health Services, Shellfish Sanitation Section (closure of open shellfish waters) and the Division of Marine Fisheries (excess amount of bottom excavation for a SFR boat basin). A review of the record indicates your office did not object. Mr. Cochran has recently submitted a modification of his proposal that reduces the amount of excavation and size of the pier. No longer are individual slips proposed. However, the Shellfish Sanitation Section still objects due to possible closure of waters even though extensive sampling by the Division of Marine Fisheries indicates minimal utilization of the area by shellfish. Virtually no resource is present. Given the above information, would this project be considered as a probable violator of the Anti-Degradation Policy and/or would your agency now object to this proposal? 4?- ror?? ?r ii5aue.5 ale me, Yx, ? ?5 w??rse e lee-I as/T tat CLf J4 rA y Gv 0sa re ,?Du? ski ??joe 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 January 12, 1987 David W. Owens S. Thomas Rhodes, Secretary Director Certified Mail Return Receipt Requested Mr. William W. Cochran 27 Treaty Elm Lane Stow, MA 01775 Dear Mr. Cochran: This letter is in response to your request for a permit under the Coastal Area Management Act and the State Dredge and Fill Law to excavate a boat basin and access channel at your property on the Pamlico Sound at Ocracoke, N. C. Processing of your application, under a joint State/Federal review, including onsite investigation by cooperating agencies, is now complete. Based on this review, the Division of Coastal Management has made the following findings: (1) Excavation of the boat basin and access channel will remove significant areas of shallow water bottom which is a productive system and important to the overall functioning of the Pamlico Sound fisheries resource; (2) The potential for elevation of coliform bacteria in public shellfish harvest areas located in the vicinity of the project will increase, thus causing a closure of the waters to the taking of shellfish; (3) Alternatives to the access channel/boat basin proposal are available that would significantly reduce the impact to adjacent waters; (4) The need for a basin/docking system of this size is questionable for single family residences; and, (5) The project is inconsistent with the following partial listing of State Guidelines for Areas of Environmental Concern (AECs): a) 15 NCAC 7H.0206(c). Management Objective (for estuarine waters). This rule establishes, as the highest priority, the management and conservation of the important features of estuarine waters so as to safeguard and perpetuate their biological values; P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer i Mr. William W. Cochran Page 2 January 12, 1987 b) 15 NCAC 7H.0206(d). Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and its vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; c) 15 NCAC 7H.0208(a)(2)(B). This standard requires that there be no suitable alternative outside of the AEC for the project and that the applicant select a combination of sites and design that will have a minimum adverse impact upon coastal marshland, and spawning and nursery areas; d) 15 NCAC 7H.0208(a)(2)(C). This standard states that development shall not violate water and air quality standards; e) 15 NCAC 7H.0208(b)(1). This standard requires that navigation channels, canals and boat basins must be aligned so as to avoid primary nursery areas, highly productive shellfish beds, beds of submerged vegetation or significant areas of regularly or irregularly flooded coastal wetlands; f) 15 NCAC 7H.0208(b)(1)(D). Widths of the canals and channels shall be the minimum required to meet the applicant's needs and provide adequate water circulation; g) 15 NCAC 7H.0209(e)(4). This standard requires that development (within the estaurine shoreline AEC) not have a significant adverse impact on estuarine resources; and, h) 15 NCAC 7H.0602. Pollution of Waters. No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the State to the extent that such waters would be closed to the taking of shellfish under standards set by the Commission for health services pursuant to G. S. 130-169.01. 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)(5), 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 Mr. William W. Cochran Page 3 January 12, 1987 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.O. 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 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,,' l uirT,t 0? w ????1/ 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 January 28, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC086-N-048-0259 171, % E7, F, 0 2 Mr. William W. Cochran, II 27 Treaty Elm Lane Stow, Maine 01775 Dear Mr. Cochran: By copy of North Carolina Department of Natural Resources and Community Development letter to you of January 12, 1987, we have been informed that your application for State authorization to excavate an access channel and basin and to construct a pier with mooring pilings off Pamlico Sound in Ocracoke, Hyde County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army application is hereby denied, and your file has been retired. You may wish to appeal this State decision. Should you do so, please keep us informed because the outcome of your appeal would influence our future consideration of your application for Federal authorization. Mr. Hugh Heine of my staff is available to answer any questions you may have or to assist you in developing a revised plan. He may be reached at telephone (919) 343-4725. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Paul W. Woodbury Colonel, Corps of Engineers District Engineer -2- 0?- Copies Furnished: 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. 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. 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 Mr. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 November 7, 1986 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC086-N-048-0259 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: Reference the application of Mr. William W. Cochran for a Department of the Army permit to excavate an access channel and basin and construct a pier with mooring pilings on Pamlico Sound, near Ocracoke, Hyde County, North Carolina. Also, reference our letter to you of June 12, 1986, and our letter of September 30, 1986, to the Federal review agencies. The Federal agencies have reviewed Mr. Cochran's revised plan. We recommend that the following conditions be included in the State authorization: a. All excavated materials will be confined landward of the normal high water (NHW) elevation contour and any irregularly flooded wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. The limits of the excavated material retention area will be marked by the permittee and approved by the North Carolina Division of Coastal Management and the Corps of Engineers prior to commencement of work. b. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and at a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. c. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. i -2- d. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the normal low water (NLW) elevation contour to prevent gully erosion and resultant unnecessary siltation. e. Neither submerged or emergent wetlands will be excavated or filled. f. Excavation will not exceed 6 feet below the elevation of normal low water. g. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. h. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. i. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard or the North Carolina Wildlife Resources Commission will be installed and maintained by and at the expense of the permittee. J. The permittee will maintain the authorized pier and pilings 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. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: Mr. William Mills /Water Quality Section ,,.,/Division 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 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. David Gossett Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 1507 Washington, North Carolina 27889 -3- DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal<CAMA Permit(s) from A I / A. PERMIT: 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 af.t er.a reas.onable.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 will be acted on., or after The proposed project is.certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. eer No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. 19 / 46 WATER QUALITY SECTION' DIVI SION OF ENVIRONMENTAL MANAGEMENT i c?srrd mrr,e,. r y 4 . .ueas , 3.,-,_ _ ha]1,,..not .be,. ncrea ,ed te,. , ., b moret1 han 10 NTU s as a, r-e suit of ' P .>,..ctivity after a reason" pro proposed a the 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 will be acted on or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, _ D) No 1431 issued on October 16, 1977, for sewer line construction. 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead' construction. 1983, for Rip-Rap Placement. " No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978,.for discharges of liquid 1983, for incidental bridge, effluent from diked upland disposal construction. areas. J + p WATE R QUALITY SECTION' DIVISION OF ENVIRONMENTAL MANAGEMENT NKZ)A.1. A I)F/C:r1, ir•"•i/401 REV DATE 05/21/86 ACTION > ADD f°7:LE:: > DFC::AMA401 PSWD : FORMAT NRDF t': AMA NEXT RC D 5 00054 ACTION ...: ADD. ENTER DATA, REC. ADDED :1:;i 00052 FRD DATA PROJO: 0005 3 PI OJ : C•OC:HRAN, B11..1 .. COUNTY: HYDE REGION: 0-r AS S I:CrNT:::D TO: W.. M CA3 JOINT NOTICE: N T YF'I . CERTIFICATION RECOMMENDATION DATES YYMMDD 404 PN : 401 RE Q: ISSUE: Y RECEIVED: c:, 05 CAM A ONLY: GC: UPLAND DIKE DENY: INITIAL REPORT: DF /C::AMA : Y GC: HOLD: FINAL REPORT: C:i,~,? 521 RECEIVING STREAM: PAMLICO SOUND CLASS: SA BASIN: TA`: COMMENTS: APPLICANT OWNS APPROX. 2 ACRES JUST OFF SR 1341 AT OCRACOKIE, NC:; PROPOSAL TO DREDGE 725 X 50 X 6 FT DEEP ACCESS CHANNEL INTO PAMLICO SOUND; ALSO A 220 X 170 X u FT DEEP BOAT BASIN NEXT TO I°I]:GH GROUND; CONSTRUCT A 1 70 F".T. LONG WOODEN PIER WITH 10 BOAT SLIPS ALL. SPOIL WOULD BE CONTAINED IN AN UPLAND D:I:Kf-_':; THE APPLICANT PROPOSES TO CONSTRUCT A 4--BEDFiPPM HOUSE ON THE PROPERTY THIS DIVISION WOULKNOT GENERALLY FAVOR THE LOCATION OF A NEW MARINA ADJACENT, TO SA WATERS---°HOWEVEfi` I`r` IS MY UNDERSTANDING THAT THIS DEVELOPMENT IS STRICTLY PRIVATE--WHILE THERE ARE CONCERNS REGARDING THE PROPOSED DEVEL.c:lPME:NT. AND WATER QUALITY, I CANNOT F'ROJE::CT' THAT WQ STANDARDS WILL BE VIOLATED COPIES: WARO -•C::I: NTRAL.--M:CLL S--G.iOOD RE n MAY 1) o N6 WATEK NA' OPERA]-1,n 0 "J-s; r ?C? 4- MEMORANDUM t0: Bill ? `' Moore '"e'', JFt FROM: George H. Wood SU9JECt: Application for CAMA MaJor permit and/or bredg arfd Fill Perm] t v DATE: May 2, 1986 Attathed is•an application by BILL COCHRAN Which was received by me on Y _ 41241$6 Yam considering this application coMplete, have acknoWlydged receipt, and have begun processing. If you havp•any questions, do not hesitate to contact mp. . MEMORANDUM T0: Hill Moore FROM: George H. Wood SUBJECT: Application foit r LAMA Mayor permit and/or bredge ar?d Fi 1 1 Perm OATS : May 2, 1986 Attached 1's*an application by I L COCHRAN which was rectiv@d by me on _ .ai2a_i86 Yam considering this application cNolete, have acknowledged receipt. And have begun processing. It you have'ahy questionso do not hesitate. to contact me. OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT W14czEf 1. Applicant's name BILL COCHRAN ^c;`,VC 2. Location of project site ..Pamlico Sound on Ocracoke v _ 84 series 148-370 S 10 & 11 3. Investigation type: Dredge & Fill X CAMA 4. Investigative procedure: (A) Dates of site visit 9/11/85 4/30/86 (B) Was applicant present yes no 5. Processing procedure: Application received 4/24/86 OfficeElizabeth City 6. Site description: (A) Local Land Use Plan Hyde County Land classification from LUP developed Development constraints identified in LUP none (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters X Estuarine waters---T ? Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing none Planned Septic tank and drain field (F) Type of structures: Existing none Planned Si ngl a fami lg rPci rlanr P (G) Estimated annual rate of erosion _ O _ Source apP1 cant 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other (B) Non-vegetated wetlands: .Shallow water habitat 73, 5q_ ft_ (C) Other: Isolated Juncus roemerianus 45,000 sq. ft. (D) Total area disturbed: 118,650 square feet. 8. Project summary The applicant is proposing to dredgea 725 foot long b_y 50 foot wide channel to a 150 foot wide by 200 foot long boat basin and fill Lot #4 of the Isaac and John O'Neil heirs tract located at the end of N.C. Highway S.R. 1341 in Ocracoke to prepare the site for single family residential construction. BILL COCHRAN BIO REPORT PAGE 2 SITE DESCRIPTION The applicant owns lot #4 of the Isaac and John O'Neil heirs tract on Ocracoke which is at the end of S.R. 1341 and adjacent to Pamlico Sound. The property is very low and supports a lush stand of Juncus roemerianus and Distichlis s icata. A shallow ditch transects the property which is connected to the property to the south of S.R. 1341 by a culvert. The marsh area and the property to the south of S.R. 1341 is bound on all sides by highground and no connection to adjacent waters can be found. These ridges and roads prevent regular or irregular flooding and therefore this marsh is not considered coastal wetlands as defined in G.S. 113-229(n)(13) despite the lush marsh and organic soils. The adjacent waters are very shallow due to a shoal which extends approximately 700 feet into Pamlico Sound. Review of the 1984 aerial photography does not indicate any submerged vegetation on this shoal. The applicant is requesting authorization to dredge a 725 foot long by 50 foot wide by 6 foot deep channel into Pamlico Sound. This channel will connect the -6 foot waters of the sound to the proposed open water basin which will be 170 feet wide by 220 feet long. Proposed in the basin is a 170 foot long pier with mooring pilings to accomodate 10 boats. The channel and basin will be excavated by hydraulic dredge and the.spoils will be retained in the 300 foot long by 150 wide low area of the property. The effluent will be returned to waters of Pamlico Sound. The spoil will be dewatered and smooth to prepare the site for the construction of a 4 bedroom single family residence. The reported purpose of the proposed p roject is to construct a private residence and boating facility. ANTICIPATED IMPACTS The project will result in the excavation of 73,650 square feet of shallow water habitat in Pamlico Sound. The disposal area contains 45,000 square feet of isolated Juncus roemerianus and Distichlis s icata marsh. The effluent from the diked disposal area will return to Pamlico Sound. Approximately 6,098 cubic yards of spoil will be generated by this proposal and the diked disposal area should be able to hold 10,000 cubic yards of materials. The spoil will be primarily sand, therefore, the spoil disposal area should be adequate to retain the spoil. The channel will connect the -6 foot deep basin with waters as deep in Pamlico Sound. CAMA REVIEW The project site is classified as developed in the Hyde County Land Use Plan. Submitted by: George H. Wood Date: May 2, 1986 r '^9 APR 2 N APPLICATION FOR G PERMI T TO EXCAVATE ANOICR FILL WATER QUALITY CERTIFICIION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT the ArmY Oparunent of Ogatm«it of Adnilnlsuatlon State of North CatWlne ErgNieen, WIImM+{Mit Okitrkl (GS 14&12) Department of Natural Iteseurca end Cernittuntty Development Coorps s of f 2nckwer 3291 (GS 117-229, 14}215.3410). 143.215.3(c), 113A•118 (33 CF A . pi,aw type or print and fill in all blanks. If information is not applicable, so indicate by plackM NIA in blank. 1, Applicant Information Cochran, William W A. Name Last First Middle t 1Sth Avenue g. Address 1027 Eas Street, P 0. Box or Route 303 -759 - 39CO Broomfield Colorado 80020 (303) 469-2020 City or Town Stale Lip Code Phone 11. Location of Proposed Hyde Project. A. County B. 1, City, town, community or landmark Ocracoke 2. Is proposed work within city limls? Yes No X C. Creek, river, sound or bay upon which protect is located or nearest named body of water to project Pamlico Sound 111. Deuription of Project X A. 1. Maintenance of existing protect 2. New work B. Purpose of excavation or fill 725' 50 s -6' MLW 1. Access channel -- lengt h width r h 170 220 depth 6 i MLW -6' th de 2. Boat basin length _widt 300' idth 150 p depth 3.66 3. Fill area length w 4. Other length _,_.?width depth N/A Bulkhead length N/A 1 C Average distan ce walerwud of MHW (sh e(ehne) . . N/A 2. Type of bulkhead construction (material) 0. Excavated material (total for protect) Sand 1. Cubic yards 6098a 14 2. Type of matenal E. Fill material to be placed below MHW (see also VI A) N/A 1. Cubic yards None 2, Type of material IV. Land Type, Disposal Area, and Construction Equipment X A. Does the area to be excavated include any marshland. swamps or other wet)and7 Yes No 6. Does the disposal area include any marshland, swamps or other wetland' Yes x No C. Disposal Area Lot #4 Section 1, O'Neil Heirs Property _ 1. Location 2. Do you claim title to disposal area' Vec 0. Fill miletial viuice if Idl is tube lrucscd in _ _./A E. How will exlayalcd material be enttapped and erouon coruri,lled' Landlocked, entrapped by existih round isolated from ad'acent water & wethinds and F. Type of equipment ti, he used Hydraulic dredge, L dozer to sprea son ,water ?e , G. Will marshland he crossed in transporting equipment to project site' 11 ves, explain NO to Dar-11111 lta". 1 n17 e V. tYnamitilled Ure of rroisst Aare (? et A. 1. Mvaw Private boating facilit None 2. Cprttmertitrl F our a room House, 3. H uslrt6 Devq&*wn nt or Ir+sumill t?h.rDriveway an . sep sys W or tour e ooln ouse - perm attached A. 1. Lot sifth) 1.98 acres hi O i to 6 i" 2 Elevation of lot(s) above mrAn hsgls water ----- --------'i 3. Soil type and texture Sand4 Bedroom house 4. Type of building facilities or structures -- Planned S=ti c System _ S. Sewage disposal and/or waste water treatment A. Elt T'nL1SS'- E Describe _Standard Se tic S stem Zr fo4 Bedroom house 6. Land Classification (circleepn-) DEVELOP":D RA!r:i(IUNNA COMMUNITY RURAL CONSERVATION OTHER -• (See CAMA Local Land Uw Plan Synapol) VL pertalnint to Fill and Water Quality. A. Does the proposed orniecI .r..jolve the placement of fill materiaK below r-1ee11 'ugh wa(er? Yes_-No L 1, Will any runoff or discharge enter adjacent water as a result of protect activity or planned use of the area following protect completion' Yes-No-CX- 2. Type of discharge MBA 3. Location of discharge N/A -"'-' T?one - accretion VII. Hewnl rate of shoreline erosion Iif known): VIII. List permit numbers and iuue dates of previous Department of Army Corps of Engineers or State permiu for wwk In project area, if applicable: See attached letters from ACF' dated June 14, 1982 & June 1.7, 90 days IX. Length of time required to complete proicct: X Is addition to the completed application form, thelollowing items must be provided: A. Attach a copy of the de pd (with State application only) or other instrument under which applicant claims title to the affected property. OR it applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims, title plus written permission from the owner to carry out the orciect on his land. 9. Attach an accurate work plat drawn to scale on 8`h X 11" white paper (see instruction booklet for details). Note: Original drawings preferred • only high quality copies accepted. C, A copy of the application and plat must be served upon adjacent riparian landowners by tedistered or certified mail or by publication (G.S. 113-229 (d))Enter date served 0. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 davs in which to submit comments to agencies listed below. r,- l,- -A My-a- nevi (9 F. Hilton. 4367 Hialeah Avenue/Va. Beach, VA 23464 Mr. Russell Newell, Jr., 4800 University Lrive, XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinais approved coastal manatement orotrarn and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. GATE i i l 2-11 IM ?6 Applicant's Signature 1( „. 'rr nrNfrr-cr cfnr x7no k4Ail ii,) IatC7R1)f.T?()IVS . SITE APR2 PAMLICO SOUND LOCI o,.--- -?' DEEP WATER N 5.0 ACC ?. -5.0 t'ELEV.IN FEET `C? .? BELOW MLW,0.0 -4.5-. N, - 4.0 -5.0 t -4.0 4.0"NN PROPOSED CHANNEL 50'x725'x-6' -4.01 -4.0 -3.5 North -3.5 -3.5 0 ?-\> ( PAML. ICO SOUND o _3.5 if 0 o u PROPOSED DOCKS /72. jMLW PROPERTY LINE-1,/ PROPERTY LINE Russell Newell ?-PILL AREA LOT No. 3 )CRAC( SLAND 0' I 2 STATUTE MILES David E. Hilton PROPERTY LINE -PROPOSED SEPTIC SYSTEM PROPOSED BUILDING LAND ELEVATIONS INDICATED IN FEET ABOVE MLW 0.0' LOT No.5 0 50 100 200 SCALE IN FEET JOHN GASKINS'DRIVE PROPOSED CHANNEL AND DOCK PAMLICO SOUND OCRACOKE, HYDE COUNTY, N.C. WILLIAM 1027 E. BROOMFIELD COCHRAN 15 TH. CO., 80020 MARCH 3, 1986 SHEET I OF 3 roe H PROPOSED PER SIDE ELEVATION NO SCALE 12% 12" CAP LOGS M_H.W. M_LW DREDGED BOTTOM 1, I+F IVARIES PROPOSED PIER SECTION "A-A" NO SCALE PROPOSED CHANNEL AND DOCK PAMLICO SOUND OCRACOKE, HYDE COUNTY, N.C. WILLIAM COCHRAN 1027 E. 15 TH. BROOMFIELD, CO„ 80020 MARCH 3, 1986 SHEET 2 OF 3 PROPOSED PIER PLAN ( 3"x 10" STRINGERS NO SCALE ?-- 2"x 12"DECKING Apr ? ?- 'R6 ()CM • LC PROPOSED CHANNEL M.L.W.=0.0f ELEVATION - 6 PRESENT ELEVATION - 4' PROPOSED EXCAVATION SECTION "A- A NO SCALE JOHN GASKINS DRIVE HIGH POINT ELEVATION 6' , TOP OF FILL HIGH POINT ELEVATION G' 51 3! M .H .W. = 0.0 PRESENT LOW POINT---' ELEVATION V ABOVE MHW S ECTION • "B-BNO SCALE PROPOSED CHANNEL AND DOCK PAMLICO SOUND OCRACOKE, HYDE COUNTY, N. C. WILLIAM COCHRAN 1027 E. 15 TH. BROOMFIELD., CO., 80020 MARCH 3, 1986 SHEET 3 OF 3 RWLIVE.D USCS Mal h •r "Oro"' ors N04-33E Fee I a i 1, Dovld Rosa Sm ilh,a•rllfy 1he1 this nap was proposed froston aeluol nod aurviy wade undo my d (seat •upsrvision,thot the w 1 to 6,000,Ih01 his eoD conforms ratio yr•al•lOn saoasded ?it?h GS 47-30 as oma n?d•d Sept. 10, 1985 NORTH CAROLINA... HYDE COUNTY I,a Nolory Public of the Stat• and County dfore eo ld, ae/11fy .1ho1 Dovld Rosa Smlth,R.L. S. did per•onolly appear before meth): dale and achnowled9•d the ,:cut Ion of tA• Pose doln9 certificate . W ITNESS mfr hand and ato no this t0 day of Sep l., 1988.. / P°a,N b0'b. 0bE ,R??1 HIV/ \90 \JFid S??NS GP 60 0 60 120 11" 190 1 1 1 - I_. I i I Graphic (Feet) Scale Comas. Esplns 2.28-1990 v - i - Khl/ 1H CAR?? ?, . E' ' -.........mot •? SEAL ' 9 L-866 ??•Ross rl 11,.... AIM24" 044 • EC oiED S74, 2? ? yJ A •w o Z e 0' 7iF?f,< PROZ7' JUN ? US 000-MEBAP UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV 345 COURTLAND STREET ATLANTA, GEORGIA 30365 JIdV B X99 Colonel Wayne A. Hanson District Engineer U.S. Army Corps of Engineers, Wilmington P.O. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Mr. Hugh Heine SUBJECT: Bill Cochran (Public Notice No. SAWCO-86-N-048-0259) Dear Hanson: 4t UN 10 19,06 WATER OUAIITY SECTbN ?. This is in response to the subject public notice proposing to dredge a channel and boat basin and fill a black needlerush wetland on Ocracoke Island, Hyde County, North Carolina. The applicant is requesting author- ization to dredge a 725-ft. long by 50-ft. wide by 6-ft. deep channel into Pamlico Sound. The channel will connect the -6 ft. waters of the Sound to the proposed open water basin which will be 170-ft. wide by 220-ft. long. Within the proposed basin, the applicant intends to construct a 170-ft. long pier with mooring pilings to acccmodate 10 boats. The channel and basin will be excavated by hydraulic dredge and the spoils will be utilized to fill an onsite wetland area for the construction of a private residence. As a result of this fill activity, approximately 45,000 sq. ft. of black needlerush (Juncus roemerianus) and saltgrass (Distichlis sip rata) will be eliminated. In addition, the dredging activity will remove about 73,650 sq. ft. of shallow water habitat%ft m the Pamlico Sound. It is evident that the proposed activity will eliminate a valuable aquatic resource, and will result in significant, unacceptable adverse environmental impacts. Consequently, it is our belief that the proposed project is contrary to the Section 404 Guidelines and should be denied. Sincerely yours, ii . William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch cc: See attached cc: Mike Gantt, Field Supervisor U.S. Fish and Wildlife Service Raliegh, NC R. Paul Wilms, Director NC Division of Environmental Management Preston Pate, Chief Field Supervisor NC Office of Coastal Management W. Donald Baker NC Wildlife Resources Commission John Parker, Permits Coordinator NC Office of Coastal Management Randy Cheek, Area Supervisor National Marine Fisheries Service Beaufort, NC J.T. Brawner, Regional Director National Marine Fisheries Service St. Petersburg, FL 4 J i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 May 2, 1986 Regulatory Branch SUBJECT: File No. SAWC086-N-048-0259 r. r• gy, i.1 t 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: T R- r F '110 'N I -R QUALITY SEC Enclosed is the application of Mr. William W. Cochran II for a Department of the Army permit and a State Water Quality Certification to excavate an access channel and basin, construct a pier, and place excavated material in wetlands on Pamlico Sound, near Ocracoke, Hyde 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 June 27, 1986, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure DIVISION OF ENVIRONMENTAL MANAGEMENT Office of Director ? 9 G - Attached is referred to: !?i1 Z?L, z -y Ptease.prepare a final - / draft - reply by for signature by the: Governor - Deputy Secretary - Director - Secretary - Asst. Secretary - Ass't.Director - In your response, please note correspondence was referred by : - Indicate carbon copies to _ Indicate blind carbon copies to - In taking action, coordinate efforts with _ Please review attached and give me your comments by Coordinate your review and comment with _ Please handle Please note and advise me as appropriate Please note and file Please discuss this with me For your information Remarks: P1PaSP raturn harkgrniind infnrmatinn with drafted responses. Log Number JUN 10 1986 WATT QUALITY SECTION ..- - N ? -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. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 William W. Cochran II 1027 Last 15th Avenue Broomfield, Colorado 80020 April 21, 1986 District Engineer Wilmington District Corps of Engineers P.U. Box 1890 Wilmington, N.C. 28401 RE: Lot #4, Section 1, O'Neal Heirs Property Dear Sir: r ?, v r -IV Enclosed herewith is an application for a dredging permit for the above referenced property which includes the application papers, three sheets of drawing, a survey, a Hyde County Health Department permit and two previous letters from Charles W. Hollis. I hereby request that you proceed with the processing of this permit. Respectfully submitted, I?Z, ?Ll kle"224 William W. Cochran II ,W WWC:ltr:en w? APPLICATION FOR PERMIT TO EXCAVATE ANOMA FILL WATER QUALITY CERTIFICATION CA MA PERMIT FOR MAJOR, DEVI LOPMENT EASEMENT IN LANDS COVERED BY WATER epaiimant pf Its* AMY ` o"utmant of Adrtslnlstratlon Stun, of Noah Carrollna Bpi of En/Ineeni, W tlrniir l " Ok *1 (GS 14b 111 Depusment of Nitunt ftewwrew am Communlty Development 133 Cf R 209.320.1191 (GS 11) ]29, 141215.3(sl(11, 1?) 213.3(c), IIIA•1111 A 1-1 Pkass type or print and fill in all blanks. If information It not app(Icable, so indicate by placing N/15 _ Qa4vi sr r,?r (, Applicant Information Cochran, William W. A. Nuns Last First Middle ln?? raGfi 151-h AVerili- - B. Address Street, P 0. Box or Route Colorado (30020 .303 469-2020 B,LQofnf ]. Phone State Zip Code C?tv or (own 11. Ltwtion of Proposed Pde ct. A. County Ocracoke 0. 1. City, town, community or landmark X 2. It proposed work within crtY limns? Yes No C. Creek, river, sound or bay upon which project it located or neuest named body of water to proieet Pamlico Sound 111, Description of Proiect x A. 1. Maintenance of existing prolect 2. New work 11. Purpose of excavation or fill 50 5 ' -6' MLW 1. Access channel length 7 2 s `width h 170 220 depth de th _ 6 e MLW 2. Boat basin length widt 0' idth 15 300 p depth ' 3 .66 3. Fill area length - --- w 1. Other length width depth N/A Bulkhead length N/A 1 C Average distan ce waierward of MHW (shc rchne) . . N/A 2. Type of bulkhead construction (material) 0. Excavated material (total for protect) Sand 1. Cubic yards 609 8.14 2. Type 01 matenal E. Fill raterial to be pieced below MHW (see also VI A) N/A 1. Cubic yards None 2, Type of material IV. LmW Type, Disposal Arca, and Cansuuclion Equipment. X A. Does the area iu be exc.rvaled include any marshland, swamps or other Welland' Yet No 0. Does the dispnsal arcs include env marshland, swamps Or Other wetland' Yet X No C. Disposal Arta Lod. $4? Section 1, O'Neil Heirs Property 1. Location 2. Do yuu claim title in dispoul area! yps D. Fill material s,iurce if Idl is to be tnrc?cd in NZA E. How will excavated matrrral be entrapped and etosron contnrl?td' Landlocked, entrapped by existing igh round isolated from adjacent water & wetlzinds Hydraulic dredge, B ldozer to spread san , water 3e F. Type of cywpmcnl to he used --1-d tools O, Will marshland he unssed in uar»porting equipment to project site? 11 yes, explain No DA F-g 1 Ilev. 10178 <I V. Mwntte d Linn cal h,,*6 t Arne (tom' r*1 A. 1. 1""#W private boating facil" 2. ctrl Pone our De morn ouse 3. Next Jnt 0-0-0otowsasst or 1 rarlal ? t?ttsaDriveway an _ sep sys exn -or o r c jr ooouse - perrra a _ c ec ?. 1. Lot slip(s) 1.98 acres T. Elwatlcrs of lot(t) above ,rerun high water 3. Soll tyfsa and texture _ Sand - Bedroom house 4. Type of building fuilittcs or structures 4 - S. Sewage disposal arsdlor wastt water treatment A. Existirrt r'Olll+'- Planned Sit stem i; Describe _Standard .Septic System for 4 Bedroom house 6. LandClasstficatinn (circle DEVELOPE.p RA-fLI-ENs. COMMUNITY RURAL CONSERVATION OTHLR _ (See CAMA Local Land Usa Ilan Syrsoplis) VI, pwtalnint to fill and water Quality. )CK A. Does the proposed ptnject x..volve the placement of fill materials below mean'ugh water? Yes__.._ 0 D. 1. Will any runuff car discharge enter adjacent waters as A result of protect activity or planned usg of the area following protect completion, Yts_____NO Xz 2. Type of discharge - M/A 3. Location of discharge N/A - None - accretion VII, f'rrsatnt rata of shoreline erosion Of known): VIII. Uot pwmit numbers and issue dates of previous Department of Army Carps of Eniusaen a Sute permits for wait in project area, if applicable: See attached letters from ACS' dated dune 14, 1.9 E2 & dune 1.7, 90 days IX. Lwilith of time required to complete proiect: X In addition to the completed application form, the followlrq itenu must be provided: A. Attach a copy of the deed (with Sute application only) or othet insuument under which applicant claims title to the affected prooerty. OR If applicant it not claiming to be the owner of said property, then forward A copy of the deed or other instrument under which the owner claim, title plus written permission from the owner to carry out the protect on his land. 8. Attach an accurate work plat drawn to scale on RA X 11" white paper (see instruction booklet for details). Note: original drawings preferred • only h.qh quality captes accepted. G A copy of the appl,caUOn and plat must be served upon adjacent riparian landowners by tegistered or certified mail or by purliLaljon (G.S. 113.229 (d))E.nter due carved 0. List names and complete addresses of the rtparun landowners with property adioining applicant's. Such owners have 30 d.ys to which to submit comments to Atzenues listed below. Q1101r. and Mrs. David F. Hilton, 4367 Hialeah Avenue/Va. Beach, VA22464 Mr. Russell Newell Jr.4£300 University rive, car , ; XI. Certification requirement: I certify that to the best of my knowledge, the prooosed activity complies with the State of North CaroltnAh approved coastal manatsement program and will be conducted in a manner consistent with such program. 19 86 . XII. Any permit issued pursuant to this aoaltcatinn will allow only the development described to this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, fillint, And land clea(in DATE) Auplicant'$ Signature D&F-ft] SEE REVERSE SME FOR MAILING INSTRUCTIONS SITE PAMLICO SOUND CLOCATI DEEP ' WATER ?c / - 5.0 - 5.0 G ?Y ?_ELEV.IN FEET BELOW MLW, 0.0 `C -4.5-\ 4 -4.0 -5,0 -4.0 G- 4,0N PROPOSED CHANNEL \! -4.0 50'x725x-6? -4.0 -3,5 North -3.5 -3.5 ° 0 PAMLICO SOUND _3'5 0 0 -3.5 -7 o ° '7/ PROPOSED DOCKS 0 -2. °-2.5 - / y/MLW PROPERTY LINE--1, H W ? PROPERTY LINE i R Russell Newell ?3. PILL AREA LOT No. 3 OCRACO ISLAND 0/ 1 2 STATUTE MILES David E. Hilton PROPERTY LINE -PROPOSED SEPTIC SYSTEM PROPOSED BUILDING LAND ELEVATIONS INDICATED IN FEET ABOVE MLW 0.01 LOT No.5 LOT No.4 2 1 0 50 100 200 4I? SCALE IN FEET - JOHN GASKINS'DRIVE PROPOSED CHANNEL AND DOCK PAMLICO SOUND OCRACOKE, HYDE COUNTY, N.C. WILLIAM COCHRAN 1027 E. 15 TH. BROOMFIELD, CO„ 80020 MARCH 3, 1986 SHEET I OF 3 M.H.W. M.L.W. PROPOSED PIER SIDE ELEVATION NO SCALE 0 M I r - - f O --T i M O - I I O r? - ? O MOORING 27.5' M INN POST TYR 160 10' 30110' PROPOSED PIER PLAN 3"x 10" STRINGERS NO SCALE 2"X 12"DECKING 12"x 12" CAP LOGS M_H.W 0.O'M.LW. DREDGED BOTTOM VARIES PROPOSED CHANNEL AND DOCK PROPOSED PIER PAMLICO SOUND SECTION "A-A" OCRACOKE, HYDE COUNTY, N.C. NO SCALE WILLIAM COCHRAN 1027 E. 15 TH. BROOMFIELD, CO., 80020 MARCH 3, 1986 SHEET 2 OF 3 PROPOSED CHANNEL M.LW=0.0' ELEVATION - 6 PRESENT ELEVATION - 4' PROPOSED EXCAVATION SECTION CIA- A NO SCALE JOHN GASKINS DRIVE HIGH POINT ELEVATION 6' TOP OF FILL HIGH POINT ? "B-B" S ECTION NO SCALE ELEVATION 6' M.H.W.= 0,0 PRESENT LOW POINT ELEVATION ?-'ABOVE MHW I, Dovld Rorr S, ilb,c+rlify Ib+l tbl+ mGD'a, pr+por+d Ito* Oa actual fl+ld +urv+y mode uad+r my It 1,60 +up+rvl+ lan.thot In+ (atlo ppr+al+lon k+c wd+d 1 106,0 OO, that thl+ aap cantor m+ ith GS 47-30 ar omoa?dod. w ( { I --^P R.L.S. S+pt• 10, 1965 NORTH CAROLINA... HYDE COUNTY o Hota(Y pubtio otth+ Sta1. Gait Co only ator++old,e+dl(y .Thad Doov Id R O++ S m, lb, R. L. s• did D6 r10^011y app+at bsVast mo lhl¦ do1+ and acknawl+d9+d tn+ V.1 ul ton or ih+ to r+Got np c+rrlficol+ - W ITNESS may nano and -taro th1+1O day of Sepl., 1966 Us CS Grow" murky " NO4 -53E ..are 2.2 Fa+t ' Yaaaa?CCN bpb o 056 _µl41 ,.IVY ?s° ?JEa O?• ?N5 G 60 0 60 120 I6i 6rophic ( FeetI Scole Gorm. 90 ErDlr++ 2-20-19 z Y " n? III U -• I r ?? t ? .t 1 c `„t, 11,11,,,,,,, r ? :'-•.1 1; 7 CAL q L.866 0 ROSS S LAND USE IMPROVEMENT PERMIT OWNER: to__?JcC ADDREss-JO2.1( F /? j? ENVIRONMENTAL HEALTH DIVISION HYDE COUNTY HEALTH DEPARTMENT PROPERTY LOCATION:L-Uf /VD. r /t Y --K?i'1 r> TYPE STRUCTURE- ?- NO. BEDROOMS: L" WA'TE1t sOURG" ? nTi? site/Soil Class - ? ?y"V' Z'- Soil Application Ralf: I ? CI t2U Size of Tank Cal. Nitrification Field No. Lines- //?. ? It. long each Trench Width ft. maximum 'Trench Bottom Depth- below ground surface Trench i/ Bed 19 NOTICE: Minimum horizontal separation of sewag! disposal sys- tem from nearest: W01-100 ft., Waterline-10 ft., ounc atiou-5 ft., Property line-10 ft. Di ,ce -tire-10 lt., 10 ft. Upslope & 25 ft. downslope, Stream canal, marsh or coastal waters-50 ft.(S/A Waters-100 ft. Do not alter the location of this system without prior health department approval or, Do not cover any portion of system until approved on final inspection. y Itif1'R E L T It 11T BY: Sanitarian HOW It- 5 Existing New Repair i Zf r k x I LIN p 110 MM EN' S I VIz _ I / U ,- U r P 659 579 135 P 659 579 134 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL R erse) (See Reverse) (See ev Sent to Mlr l??SS . Street and No. 41800 U, Ar, # l9 17 o P.O., State and ZIP Code 2-'7 7 7 p?? ha??? M? e 0 cs Postage ui b 6 * Certified Fee ------------ Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, 40 a a Date, and Address of Delivery V. Toral Posta ` it s m 8 Postmar or- to L0 Vi co --a O ' U. r . ??Y1 N Sent ton. (r +Mr3.cu? E lFz c .N ? o. ? o . 4 N nd Street a P.O., State and ZIP Code t! iacz ?c At 23 L16 Postage $ , - Certillad Fee 75- ` Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Dale Delivered ?6 Return receipt showing to whom. Date, and Addres TOTAL Posta e.Fw $ Postmark el ' a DEPARTMENT OF THE ARMY WILMINGTON DISI RICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 April 30, 1986 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWCO86-N-048-0259 Mr. William W. Cochran II 1027 East 15th Avenue Broomfield, Colorado 80020 Dear Mr. Cochran: 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 April 25, 1986, for a Department of the Army permit to excavate an access channel and basin, construct a pier, and place excavated materials in wetlands on Pamlico Sound, near Ocracoke, Hyde 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. SAWCO86-N-048--0259 and will be coordinated by Mr. Hugh Heine. He is available to address questions or comments you may have at telephone (919) 343-4725. 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 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 Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 `' G D WILMINGTON, NORTH CAROLINA 28402. 89Q+ 1 V {+ -- June 12, 1986 v IN REPLY REFER TO UN 16 Regulatory Branch wp?ER Q?WsXg EA ?N SUBJECT: File No. SAWC086-N-048-0259 OpERp?(lON Mr. John Parker - Division of Coastal Management North Carolina Depa ent of Natural Resources an Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Mr. William W. Cochran for a Department of the Army permit to construct a pier, excavate an access channel and basin and place excavated materials in wetlands on Pamlico Sound, near Ocracoke, Hyde County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letters of May 30, June 2, June 4 and June 6, 1986 (copies enclosed), the North Carolina Wildlife Resources Commission, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service and the U.S. Environmental Protection Agency, respectively, recommended denial of authorization. All four agencies objected to the loss of approximately 45,000 square feet of vegetated wetlands, black needlerush (Juncus roemerianus) and salt grass (Distichlis spicata), and the excavation of approximately 73,650 square feet of shallow water habitat. They also question the need for such an expansive facility associated with a single family residence. The construction of a simple pier and associated minor dredging of nonproductive substrate, with highground retention, would not be objectionable. We support the recommendations to deny authorization of the application as presented. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosures -2- Copies Furnished without Enclosures: Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27-687 --- 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 Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909 Mr. Richard B. Hamilton Assistant Director North Carolina Wildlife Commission Archdale Building, 512 North Salisbury Street Raleigh, North Carolina 27611