HomeMy WebLinkAbout19920541 Ver 1_COMPLETE FILE_19920101d ?`° SfA7F o
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3411 Arendell Street • Morehead City, North Carolina 28557
James G. Martin, Governor September 11, 1992 Roger N. Schecter
William W. Cohey, Jr., Secretary Director
MEMORANDUM:
TO: Mr. A. Preston Howard, P.E., Acting Director
Division of Environmental Management SEP 1 1"4
FROM: John R. Parker, Chief DIVISION OF
Major Permits Processing Section COASTAL MANAGEM
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James Whidden
Project Location: Lots 21, 22 & 23, community of Salter Path, adjacent to NC Hwy. 58
and Bogue Sound, Carteret County
Proposed Project: To construct 2 piers to accommodate 10 boat slips
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 2, 1992. If you have any questions regarding the proposed project,
please contact Charles Pigott at 919/726-7021. When appropriate, in-depth comments with
supporting data is requested.
?? 5
REPLY is agency has no objection to the project as proposed.
,rev ?v.uS?•
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE, ?-
P.O. Box 769, Morehead City, North _arolina 28557 Telephone 919-726-7021
An Equal Opportunity'Aftirmative Action Employer
To: jffiptm{.Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REVIEWER: GREGS
WQ SUPERVISOR: ADKINS
DATE: 9/28/9
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: 92541 COUNTY: Carteret
PROJECT NAME: James Whidden
PROJECT TYPE: Pier PERMIT TYPE: CAMA
COE #: DOT#:
RCD FROM CDA: DCM DATE FROM CDA: 09/08/92
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503
*STREAM OR ADJACENT WATER BODY: Bogue Sound
CLASS: SA STREAM INDEX #: 20-36-(8.5)
*OPEN OR CLOSED: Closed
WL 114PACT : No WL TYPE : N/A
WL REQUESTED: N/A WL ACR EST: N/A
HYDRO CNECT?: N/A WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: No
RECOMMENDATION : ISSUE
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to construct two
piers to accommodate 10 slips.
WATER QUALITY CERT. (401)
CERT. REQ'D: No
IF YES, TYPE: N/A
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOS
(EXISTIN PROPOSE , SEPTIC TANK TC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL: WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS:, N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
92541.SEP
Page Two
RECO14MENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project
be done in such a manner so as to not cause turbidity outside the
immediate construction area to exceed 25 NTU.
A NPDES Permit request is currently under review by this Office
for the wash-down water discharge at the proposed fish house.
cc: Central Files
Wilmington Regional Office Files
DCM-Charles 0. Pigott
John Parker
t ?
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James Whidden
2. LOCATION OF PROJECT SITE: Lots 21, 22 & 23, community of Salter Path, adjacent to NC
Hwy. 58, and Bogue Sound, in Carteret County
Photo Index - 1989: 159-241 L 10 1984: 32-1168, M 12-13
State Plane Coordinates - X: 2634600 Y: 348800
3.
4.
5.
6.
7.
INVESTIGATION TYPE: CAMA (ONLY)
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/5/92
Was Applicant Present - NO
(F) Type of Structures: Existing - bulkhead
Planned - pier and discharge pipe for "wash-down" water
(G) Estimated Annual Rate of Erosion: -0-
Source - Observed (bulkheaded)
PROCESSING PROCEDURE: Application Received - September 1, 1992
Office - Morehead City
SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Developed/Conservation
(B) AEC(s) Involved: Public Trust Waters, Estuarine Waters
(C) Water Dependent: YES
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - NONE
Planned - septic tank for restaurant
HABITAT DESCRIPTION:
[AREA]
DREDGED FTT.T FTl n'r'urv
(A) Vegetated Wetlands
NONE
(B) Non-Vegetated Wetlands
shallow water area 5560 sq.ft.
[pier footprint]
(C) Other
NONE
(D) Total Area Disturbed: Approximately 5560 sq. ft.
(E) Primary Nursery Area: NO
(F) Water Classification: 'SA' Open: NO
8. PROJECT SUMMARY: The applicant proposes to construct 2 piers to accommodate 10 boat slips.
FIELD INVESTIGATION REPORT - JAMES WHIDDEN, CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION: The applicant's property consist of an approximately
33,000 sq. ft. site located adjacent to NC Hwy. 58, in Bogue Sound, in the community
of Salter Path, Carteret County. This property was historically used in the commercial
fishing business and had several fish/scallop shucking houses located upon it until
recently. Also located on the property was a one-story single-family residence. The
new owner has, however, demolished all buildings in preparation of constructing a
restaurant/fish market. A CAMA Minor Permit has been issued to the applicant which
authorizes the construction of an approximately 80' long x 30' wide commercial
building with adjacent parking areas. A CAMA General Permit (#C-9014) was also
issued and authorized the construction of approximately 110' In. ft. bulkhead. The
bulkhead has been constructed but the restaurant/fish market has not.
The area of Bogue Sound adjacent to the property has been classified as 'SA' waters
and is closed to the harvesting of shellfish. Also, immediately offshore is a small boat
navigational channel which was excavated by Carteret County in the late 1970's
(Permit #60-76). This channel basically runs parallel along the shoreline of the Salter
Path community.
The applicant is now proposing to also operate a jet ski business on the property and is
requesting permission to construct 2 piers into Bogue Sound. Each pier would be
approximately 140' long x 6' wide with an approximately 30' long x 10' wide "L"
platform at its waterward end. Mooring pilings would be installed adjacent to the pier
structures to accommodate 10 boats/jet skis. Two (2) floating platforms (20' long x
10' wide) are also proposed to be placed just shoreward of the mooring pilings.
The applicant is also proposing to pipe and discharge "wash-down" water into Bogue
Sound. This "wash-down' water will be in conjunction with his proposed fish market.
The applicant has applied to the Division of Environmental Management for a NPDES
permit.
10. ANTICIPATED IMPACTS: The project as proposed will result in approximately
5560 sq. ft. of Public Trust Areas being shaded by the proposed pier facilities. As
presently proposed, 10 boats and/or jet skis could moor at the docks. Because of the
relatively shallow water, it can be expected that generally shallow draft vessels would
use the facility. The proposed piers would extend beyond the established pier-head line
and would also extend into the County's navigational channel. A NPDES permit has
not been issued for this facility as of this date.
PREPARED BY: CHARLES O. PIGOTT
DATE: September 11, 1992
,
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name James E Whidden Jr.
Address P.O. Box 193
City Salter Path State N.C.
Zip 28575 Dayphone 354-5645
X Landowner or Authorized agent
b. Project name (if any) Proposed pier
construction - J E Whidden, owner
c. If the applicant is not the landowner, also give the
owner's name and address.
2 LOCATION OF PROPOSED
- PROJECT
a. Street address or secondary road number
Bogue Sound c?ltar Path
direct discharge to Bogue Sound
for wash water which will be used
to clean clams, shrimp and
fish. A v currently
being run.
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Private/-- r ; al
d. Describe the planned use of the project.
Piers will complement apt ski rental,
restaurant and related activitips_
4 LAND AND WATER
CHARACTERISTICS
a. Size fentire tract less than 1 acre
b. Size of individual lot(s) 33,000 sq. feet
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
0 to 14 feet
d. Soil type(s) and texture(s) of tract
pumped in. dredged material
C. Vegetation on tract
nativp gracsec
Man-made features now on tract scallop shells
nothing else except bulkhead.
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
b. City, town, community, or landmark f
SAlter Path
c. County Carteret
d. Is proposed work within city limits or planning
jurisdiction? 1
e. Name of body of water nearest project
Bo ue Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Owner wishes to build
2 piers on a site formerly
used as a scallo; and
mullet packing operation
9.
?/ Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local govemment?
Unzoned
i. How arc adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? -Aa- If so, by whom?
D
DATE-„Q=L- 12- 1
9/89
f. Dimensions of spoil disposal area
N/A -
g. Location of spoil di'rsal area
h. Do you claim title to the disposal area? N / A
If not, attach a letter granting permission from the
owner.
L Will a disposal area be available for future
maintenance? N / A
If so, where? N / A
c. Shoreline erosion during preceding 12 months, in
feet- N/A
d. Type of bulkhead material N.1 A
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. Type of fill material N/A
8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland, In addition to the completed application form, the follow-
swamps, or water areas? ing items must be submitted:
NIA
k. Will the fill material be placed below mean high
water? N n
1. Amount of fill in cubic yards - N/A
m. Type of fill material N / A
n. Source of fill material N/A
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project. O K
o. Will fill material be placed on marsh or other
wetlands? N n
p. Dimensions of the wetland to/be filled
q. How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backho , or hydraulic
dredge)?
s. Will wetlands be crossed in transporting equipment
to project site?N o If yes, explain steps that will
be taken to lessen environmental impacts.
N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water or
normal watcrlcvcl N/A
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
OK
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormWater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
N/A
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
Z_ -7ek
3
9199
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels 3
c. Density (Give the number of residential units and the
units per acre.) N / A
d. Size of area to be graded or disturbed
approximately 70 -0 nn square feet
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pav ement, buildings, rooftops.
Presently the entire area drains
from Salter Path road toward
Bogue Sound and this project will
redefine the course which the
drainage takes (See enclosed
minor permit modification)
m. Water supply source Bogue Banks Water Crop.
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NIA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
-overed in Section 7).
Lenbth • Width Depth
g. List the materials, such as marl, paver stone, asphalt, Access channel
or concrete, to be used for paved surfaces. (NEW) or (NWL)
marl for parking
Boat basin
h. If applicable, has a stormwater management plan Other (break-
been submitted to the Divi0A nof Environmental water, pier, 2 each
Management? boat ramp, t each
i. Describe proposed sewage disposal andlor waste rock jetty)
watcr treatment facilities. Fill placed in
gpZkt i r c y c t P m to hp = P r m i t t e d by wetl and or below
r^• * e t rminty nPp t -nf Fnvi rnnmantgAHW
1 K
j. Have these facilities received state or local approval? Upland fill
No areas
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Harkin . lnt rii nnff_nPrmittPd
\ under _7b"ulkhead permit (attached)
washdown water from clams, shrimp,
2 (See 3-A)
N/A
N/A
300'
20'
30' 6'
10'
10' a
float'
ends
N/A
N/A
b. Amount of material to be excavodAfrom below
water level in cubic yards
c. Type of m aterial N / A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
Nn
e. High ground excavation, in cubic yards
N/A
etc.
9/89
ng
4
Name Bernie S. & Lettie W. Guthr'.
Address . O . Box 16.1 _'9 CERTIFICATION. AND PERMISSIOt•
valter Path N.C. 28575 TO ENTER ON LAND
Name Lucille Guthrie
4d6fess; General Del;l,vrry
falter Path, N.C' 28575
Any permit issued in response to Us application twill
allow only the development described in the applir..-Itioi).
The project wit' be subject to conditions and restric ?ns;°
contained in the permit.
A list of previous state or federal.permits issued for
work on the project tract. Include permit numbers,
pcr i tee, and issuing dates.
71 .
Whiae4i
A check for $100 made payable to the Department of
Iicalth, Environment & Natural Resources to cover the
costs of processing the application.
A signed AEC 1127ard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
I certify that to the best of my knowledge. the propos:
aCtlvity complies with the State of North Carolina's ap-
prpvcd Coastal Management Prograip and will be con-
ducted in a manner consistent with such program.
I further certify that I am aythorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the day of , 19
downer or Authorized agent
9189
IF
ENLARGED MUNICIPAL AND SUBURBAN AREAS
CARTERET COUNTY
NORTH CAROLINA
FAMAto IT nn
NORIIi-CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION Of HIGHWAYS-PLANNING AND RESEARCH BRANCH
1#7 COO.l1A11011 Willi lilt
U. S. DFPARTMENT OF TRANSPORTATION r
FEDERAL HIGHWAY ADMINISTRATION
REVISES
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FEB 2 4 1992 ?. CAMA
t MINOR DEVELOPMENT
--------------
PERMIT
{
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
008-92
Permit Number
i --"Y- i
.t
Issued to James E. Whidden Jr. P.O.?Box 5054 Emerald Isle, N.C. 28594
authorizing development in Carteret County i , at Lot 23 Section 3 Salter Path
Bogue Sound as requested in the permittee's application dated _ January 27, 1992
This permit, issued on February 20. 1992 , is subject to compliance with the application and site drawing
(where consistent with the permit), all applicable regulations and 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.
The re-development of this property, Lot 23, Section 3', Tax parcel 13-36C-1-6, Salter
Path, North Carolina is being authorized under the rules contained in 15 A NCAC 7H .0209e 2,
and the following conditions must be complied-with under this permit:
Construction of a 311x80' commercial building (reference drawing and plat submitted 2-3-92
# 1) within 75' of the Area of Environmental Concern on Bogue Sound at lot 23 section 3
Salter Path.
The parking area within the estuarine shoreline, Area- -of Environmental Concern, shall be
maintained with shell material ONLY. The parking area shall be done in-accordance with
Plat t'/ 2 as submitted on 2-3-92, SEE PLAT. Parking area is highlighted in green. --
Resurfacing of the parking area with asphalt, concrete or other material is
prohibited.-
The existing easement within the estuarine shoreline Area of Environmental Concern as
depicted on Plat 1 & 2 and shown on Salter Path Hap, Hap b6ok 16, Page 47 recorded in
the Carteret County Register of Deeds, shall not be blocked.
The 31'x80' building walkway with ramp shall be constructed of wooden material with permeab:
material underneath.
SEE ATTACHED SHEET FOR CONTINUANCE OF CONDITIONS
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. From the date of an appeal, any work conducted under this
permit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit require further written permit approval.
All work must cease when this permit expires on
December 31, 1995
In issuing this permit it is agreed that this project is consis-
tent with the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
the written approval of the Division of Coastal Management.
deal Permit Officer (signature)
James E. Whidden Jr.
name
P.O. 5054 Emerald Isle, N.C. 28594
address
V ermittee (signature required if special conditions above apply to permit)
PLANNING COMMISSION
QAR wo.R E''r 0 as snayr P. 0.
DRAWER 630
BEAUFORT, N. C. 28516
February 20, 1992
PAGE 2 CAMA PERMIT FOR JAMES WHIDDEN At 008-92
CONDITIONS:
Stormwater runoff may not be diverted upon adjacent properties. Runoff should be
directed to permeable and semi-permeable areas on the property in order to allow for
natural absorbtion into the gravel.
All local, state and federal regulations must be met.
Remainder of "old"-building to.be removed from property. Area around proposed structure
to be filled with approximately 300 to 350 cubic yards of select sand. See Plat # 1.
A barrier line of filter cloth, staked hay bales or other erosion control measure must be
in place prior to initiating any land disturbance or placing any fill between mean high
water and proposed development.
Building permit is required.
All proposed development and associated construction must be done in accordance with the
permitted work plats as originally submitted or revised and approved by the local permitting
authority.
Any change or changes in development must be re-evaluated by the local permit officer and
the.permit:must be modified accordingly.
This permit cannot be transferred without prior approval from the Division of Coastal
Management.
0? , Nancy J. Simpson
CAMA Local Permit Officer
/? Carteret County
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James Whidden
2. LOCATION OF PROJECT SITE: Lots 21, 22 & 23, community of Salter Path,-adjacent to NC
Hwy. 58, and Bogue Sound, in Carteret County
Photo Index - 1989: 159-24, L 10 1984: 32-1168, - (?
State Plane Coordinates - X: 2634600 Y: 348800
sE? ? a ?g92
3. INVESTIGATION TYPE: CAMA (ONLY)
typ$ GROl1P
WE:1 SECj10N .? = 3
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/5/ wp?ER ??
Was Applicant Present -
5. PROCESSING PROCEDURE: Application Received - September 1, 1992
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County
Land Classification From LUP - Developed/Conservation
(B) AEC(s) Involved: Public Trust Waters, Estuarine Waters
(C) Water Dependent: YES
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - NONE
Planned - septic tank for restaurant
(F) Type of Structures: Existing - bulkhead
Planned - pier and discharge pipe for "wash-down" water
(G) Estimated Annual Rate of Erosion: -0-
Source - Observed (bulkheaded)
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FTT .T .F.T) n'ruFu
(A) Vegetated Wetlands
NONE
(B) Non-Vegetated Wetlands
shallow water area 5560 sq.ft.
[pier footprint]
(C) Other
NONE
(D) Total Area Disturbed: Approximately 5560 sq. ft.
(E) Primary Nursery Area: NO
(F) Water Classification: 'SA' Open: NO
8. PROJECT SUMMARY: The applicant proposes to construct 2 piers to accommodate 10 boat slips.
? r
FIELD INVESTIGATION REPORT - JAMES WHIDDEN, CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION: The applicant's property consist of an approximately
33,000 sq. ft. site located adjacent to NC Hwy. 58, in Bogue Sound, in the community
of Salter Path, Carteret County. This property was historically used in the commercial
fishing business and had several fish/scallop shucking houses located upon it until
recently. Also located on the property was a one-story single-family residence. The
new owner has, however, demolished all buildings in preparation of constructing a
restaurant/fish market. A CAMA Minor Permit has been issued to the applicant which
authorizes the construction of an approximately 80' long x 30' wide commercial
building with adjacent parking areas. A CAMA General Permit (#C-9014) was also
issued and authorized the construction of approximately 110' In. ft. bulkhead. The
bulkhead has been constructed but the restaurant/fish market has not.
The area of Bogue Sound adjacent to the property has been classified as 'SA' waters
and is closed to the harvesting of shellfish. Also, immediately offshore is a small boat
navigational channel which was excavated by Carteret County in the late 1970's
(Permit #60-76). This channel basically runs parallel along the shoreline of the Salter
Path community.
The applicant is now proposing to also operate a jet ski business on the property and is
requesting permission to construct 2 piers into Bogue Sound. Each pier would be
approximately 140' long -x 6' wide with an approximately 30' long x 10' wide "L"
platform at its waterward end. Mooring pilings would be installed adjacent to the pier
structures to accommodate 10 boats/jet skis. Two (2) floating platforms (20' long x
10' wide) are also proposed to be placed just shoreward of the mooring pilings.
The applicant is also proposing to pipe and discharge "wash-down" water into Bogue
Sound. This "wash-down" water will be in conjunction with his proposed fish market.
The applicant has applied to the Division of Environmental Management for a NPDES
permit.
10. ANTICIPATED IMPACTS: The project as proposed will result in approximately
5560 sq. ft. of Public Trust Areas being shaded by the proposed pier facilities. As
presently proposed, 10 boats and/or jet skis could moor at the docks. Because of the
relatively shallow water, it can be expected that generally shallow draft vessels would
use the facility. The proposed piers would extend beyond the established pier-head line
and would also extend into the County's navigational channel. A NPDES permit has
not been issued for this facility as of this date.
PREPARED BY: CHARLES O. PIGOTT
DATE: September 11, 1992
Please type or print. Carefully describe all anticipated
development activities, including constriction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name James E. Whidden, Jr.
Address P . 0 . Box 193
City Salter Path State N. Q.
Zip 28575 Dayphone 354-5645
X Landowner or Authorized agent
Owner has made application for a
direct discharge to Bogue Sound
for wash water which will be used
to clean clams- shrimn-and
fish Advertisemn- is is currently
Being run. -
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work
c. Will the project be for community, private, or
commercial use?
Private/comm rcinl
d. Describe the planned use of the project.
Piers will complement Jet ski rental,
restaurant and related activities.
b. Project name (if any) Proposed pier
construction - J E Whidden, owner 4 LAND AND WATER
c. If the applicant is not the landowner, also give the
owner's name and address.
CHARACTERISTICS
a. Size of entire tract less than 1 acre
2 LOCATION OF PROPOSED
-PROJECT
a. Street address or secondary road number
Bogue Sound Salter Path
b. Size of individual lot(s) 3 3 , 0 0 0 sq. feet-
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
0 to 14 feet
d. Soil type(s) and texture(s) of tract
pumped in, dredgers material
e. Vegetation on tract
b. City, town, community, or landmark
SAlter Path f
c. County Carteret
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Bogue Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Owner wishes to build
2 piers on a site formerly
used as a scallop house and
mullet packing operation
9/89
Man-made features now on tract scallop shells
nothing else except bulkhead.
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
9.
_/ Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
Unzoned
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? N o- If so, by whom?
P
SED
,DATE 2- -
Presently the entire area drains
from Salter Path road toward
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
h.
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
apnrnk i m t e I y 90 000 1;q' a -e Le
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
N/A
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
marl for parking
If applicable, has a stormwater management plan
been submitted to the Divis / A of Environmental
Management? /
Bogue Sound and this project_ will
redefine the course which the
drainage takes (See enclosed
minor permit modification)
m. Watersupplysource Bogue Banks Water Crop.
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier, 2 each
boat ramp, 2 each
rock jetty)
water treatment facilities. Fill placed in
s p g t i t s 3 r ,;t Pm to hp p e r m i t t e d y wetland or below
,q1 tPrPt CauntAz Dept •nf Fnvi rnnment-4AHW
11-C
Describe proposed sewage disposal and/or waste
j. Have these facilities received state or local approval? Upland fill
areas
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of .
the state (for example, surface runoff, sanitary
\ wastewater, industrial/commercial effluent, "wash
down"). pn`r.kin 1 nt rii nnff P ermi teed
under bulkhead permit (attached)
washdown water from clams, shrimp,
2 (See 3-A)
b. Amount of material to be excavaodAfrom below
water level in cubic yards
Length Width Depth
N/A
N/A
300'
20'
30' 6'
10'
10' a
float'
ends
N/A
N/A
c. Type of material N / A
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
etc.
ng
9/89
f. Dimensions of spoil disposal area
N/A
g. Location of spoil dNp/osal area
h. Do you claim title to the disposal area? N/A
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N / A
If so, where? N/A
j. Does the disposal area include any marshland,
swamps, or water areas?
N/A
k. Will the fill material be placed below mean high
water? N n -
1. Amount of fill in cubic yards - N/A
in. Type of fill material N/A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlands? _ N o
p. Dimensions of the wetland to be filled
N/A
q.'How will excavated or fill material be kept on site
and erosion controlled?
N/A
r. What type of construction equipment will be used
(for example, dragline, backho , or hydraulic
dredge)? N /A
s. Will wetlands be crossed in transporting equipment
to project site?N o If yes, explain steps that will
be taken to lessen environmental impacts.
N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A
b. Average distance waterward of mean high water or
norinal water level N / A
c. Shoreline erosion during preceding 12 months, in
feet N / A
d. Type of bulkhead material N 4-A
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
L Type of fill material N /-A
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project. 0 K
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
0K
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
N/A
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
nlQn 3
Name Bernie S. & Lettie W. Guthr'.
9 CERTIFICATION. AND PERMISS101`
ress __,? 0 Box 161,t?
Add
f'alter Path N.C. 28575 TO ENTER ON LAND
?
Name Lucille Guthrie r--.
t?.Ut'fes? -_.General Dellv?ry
u'alter Path'i N.C: '28575
Any permit issued in response to this application-will
allow only the development described in the applicatiop.
Toe project will be subject to conditions and restric .rnsa
contained in the permit.
'. •.e.nc
Addx,__;."
A list of previous state or federal.permits issued for
work on the project tract. Include permit numbers,
pet i lee, and issuingdates. ?.
:IV O r4yc
kph i c .er, • z 00 - Z
A check for $100 made payable to the Department of
Health, Environment & Natural Resources to cover the
costs of processing the application.
A signed AEC ha7ard notice for projects in oceanfront
and inlet arras.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-I to 10).
4
I certify that to the best of my knowledge, the propos ,;
aq?vity complies with the State of North Carolina's ap-
prpved Coastal Manageinent Prograpt and will be con-
ducted in a manner consistent with such program.
I-
I further certify that I am aythorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this pen-nit application and follow-up monitoring of
project.
19
This is the --2,2 day of (/_9
A.A
downer or Authorized agent
9/89
G G ?
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SALTER PATH, N. C.
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1949
PHOTOREVISED 1963
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 15, 1992
Regulatory Branch
Action ID No. 199203574 D lop d
n 13
SEP -' 21992 1
Mr. James Whidden
Post Office Box 193
Salter Path, North Carolina 28575
Dear Mr. Whidden:
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that-receive authorization from the State of North Carolina.
A review of your application received September 14, 1992, for Department
of the Army authorization to construct two piers and install pilings on Bogue
Sound to support commercial jet ski rentals, a restaurant and related
activities, Salter Path, Carteret County, North Carolina, indicates it to be a
candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the Raver and Harbor Act, has
been assigned Action ID No. 199203574 and will be coordinated by Mr. Scott
McLendon, in our Wilmington Field Office. He is available at telephone (919)
251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure/as
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 15, 1992
Regulatory Branch
Action ID No. 199203574
Mr. James Whidden
Post Office Box 193
Salter Path, North Carolina 28575
Dear Mr. Whidden:
SEP 21992
WETLANDS GROUP
WATER QUALITY SECTION
gzSyi
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for.construction
activities that receive authorization from the State of North Carolina.
A review of your application received September 14, 1992, for Department
of the Army authorization to construct two piers and install pilings on Bogue
Sound to support commercial jet ski rentals, a restaurant and related
activities, Salter Path, Carteret County, North Carolina, indicates it to be
candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
.Your application, pursuant to Section 10 of the River and Harbor Act, has
been assigned Action ID No. 199203574 and will be coordinated by Mr. Scott
McLendon, in our Wilmington Field Office. He is available at telephone (919)
251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure/ as
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
F r`Quality Section
sion of Environmental Management
h Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
post office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
C _ r P
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 13, 1992
Regulatory Branch
Action ID No. 199203574
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
OCT '16"1992
Reference the application of Mr. James Whidden for a Department of the
Army permit to construct two piers and install pilings on Bogue Sound to
support commercial jet ski rentals, a restaurant and related activities,
Salter Path, Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
C. The permittee must install and maintain, at his expense, any signal
lights and signals prescribed by the U.S. Coast Guard, through regulations or
otherwise, on authorized facilities.
d. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
-2-
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. John Dorney
Wator Quality Section
ision of Environmental
/Management
orth Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 22, 1992 IID
Regulatory Branch
Action ID. 199203574 and State Permit No. 137-92
Mr. James Whidden
Post Office Box 193
Salter Path, North Carolina 28575
Dear Mr. Whidden:
@ U U
JAN _T
7
Reference your application for a Department of the Army permit to
construct two piers and install pilings on Bogue Sound to support commercial
jet ski rentals, a restaurant and related activities, Salter Path, Carteret
County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-C080-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Please note that the
State authorization, and therefore the Federal permit, does not allow any
portion of the piers, floating platforms or mooring pilings to extend any
farther waterward than 60 feet from the mean high water (MHW) elevation
contour. Failure to comply with the State authorization or conditions of the
general permit could result in civil and/or administrative penalties.
if any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
E vO`ironment, Health and
atural Resources
ost Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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