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?
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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
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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
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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
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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:
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HOW It- 5
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New
Repair
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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)
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TOTAL Posta e.Fw $
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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