HomeMy WebLinkAbout19970458 Ver 1_Complete File_19970617DEPARTMENT OF THE ARMY
Wilmington Post Office Box Engineers
1890
Wilmington, North Carolina 28402 -1890
Action ID No. 199706381
PUBLIC NOTICE
970566
June 12, 1997
THE TOWN OF BEAUFORT, ATTN: Mr. John Young, Post Office Box 390,
Beaufort, North Carolina, 28516, has applied for a Department of the Army (DA)
permit TO ESTABLISH A MOORING FIELD ADJACENT TO TAYLORS CREEK IN THE BEAUFORT
HARBOR, OFF OF FRONT STREET IN BEAUFORT, CARTERET COUNTY, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed mooring field is approximately 17 acres in size,
with space available for about 60 individual moorings. The triangular- shaped
mooring filed would begin across from Orange Street and run parallel with the
Taylors Creek federally maintained channel for approximately 2,800 linear feet
to a point across from Live Oak Street. From this point it would run 910 feet
to the west to a point off Town Marsh, then run 2,120 feet back to the
beginning point. The mooring area will be defined by mooring site markers.
Old moorings including anchors will be removed. New moorings which would
consist of a Helix anchor would be screwed into the sandy bottom. Impacts to
the bottom as a result of these new moorings is anticipated to be very minor.
Commercial, private, and transient boaters with vessels up to fifty (50)
feet in length will be able to utilize moorings. The proposed project is an
attempt by the Town to regulate what has, in the past, been an unsafe
situation for navigation resulting from boaters staking mooring space in the
Harbor without regards to location or appropriate anchorage material.
The Town of Beaufort was authorized to regulate the navigable waters
within its boundaries via ratified bill designated Chapter 710, Senate Bill
660, dated June 26, 1981. The Town has passed a resolution requesting special
rules and regulations from the North Carolina Wildlife Resources Commission
with reference to the safe and reasonable operation of vessels on Taylors
Creek within the territorial limits of the Town. The North Carolina National
Estuarine Research Reserve's Rachel Carson Reserve component is located south
of the proposed project site and has granted the Town permission to use the
area for the anticipated purpose.
This portion of Taylors Creek is within the National Register of Historic
places. The waters are classified as SC.and are closed to shell fishing and
they are approximately -8 feet MLW. The bottom is a sandy /muddy substrate and
there are no seagrass beds or shellfish resources with in the project site,
according to the North Carolina Division of Marine Fisheries. No dredging or
filling will occur as a result of this project.
rp8se of the work is to establish a permitted mooring area overseen by
the Town. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and /or fill under North Carolina
General Statute 113 -229 by the NCDCM.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the NCDCM or their delegates.
d. The issuance of an easement to fill or otherwise occupy State -owned
- submerged land under North Carolina General Statute 143 - 341(4), 146 -6, 146 -11,
and 146 -12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A -50-
66) .
The requested DA permit will be denied if any required State or local
authorization and /or certification is denied. No DA permit will be issued
until a State coordinated viewpoint is received and reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency,
with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
within the comment period specified in the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
2
i
k
y designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Corps of Engineers is soliciting comments from the public; Federal, State
and local agencies and officials; Indian Tribes and other interested parties
in order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the
other public interest factors listed above. Comments are used in the
preparation of an Environmental Assessment (EA) and /or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Jeff Richter, until 4:15 p.m.,
July 11, 1997, or telephone (910) 251 -4636.
3
/ IIv - riL-'W ii / / Y
"sck[ wrT e",oc(
w" ci so
"��, Gl 7 7 N V
o••• c,osco
uswL[ It it 84,occ
No" Cl "o"
V[ "T Cl 4.T' M V
o "A• ck osco
cr
�t
a
\ J
J
� NSRSN
ti
BEAUFORT HARBOR, N. C.
MIDRSNCI SZTF AT BEAUFORT
SCALE OF FEET
Soo 0
500 1000 oo
wrr REviSEC 9—/61994
N
17 RCRE7S
s1., "- ..4r \ 04 L-
V
if
f
O
O
MO Q.
W �
f+ V
Q cc
� U
)
CL �C.
a�
CD
C!� .o
ca
V
O.
SL-
V
d
til
3
_9
r
3 �
_41 -�
S M
O
V c
ca
L
U
m
IM
Cm
�o s
o=
o3 -� N =II�1 I
E
cu
I�II14'1��1��I�I�III�i
ow
co
Il�ll��l��llllil�li!�I,I
I,I 'I II I I ICI I �i
I;II il�illil,lil,l i
M
_c
�o
can
Ll
V-1 c
t
9
VARIABLE
DEPTH
l
1
1
1
i
1
lcl
U
I
1
1
f
Ir
i
ANCHOR
CONE OF
RESISTANCE
/ -n/ V
Y
L
M
40
Cr
S( v
Y
v I V
) y
C�
O 4-
V
E
O
T
d
y
r
a
v
s
d
f,
Environmental Review Tracking Sheet 116s�
DWO - Water Ouality Section
MEMORANDUM
Env. Sciences Branch (WQ Lab)
* Wetlands
O John Domey
O Cyndi Bell (DoT)
O Cgreg Price (airports, COE)
O Steve Kroeger (utilities)
39( erk a aCa,�.b
* Bio. Resources, Habitat, End. Species
O Trish MacPherson
O Kathy Herring (forest/01tw/lQw)
O
* Toxicology
O Larry Ausley
O
Technical Support Branch (Archdale 9th) "-
O Coleen Sullins, P &E 9
O Dave Goodrich, P&E, NPDES
O Kim Coleson, P &E, State
O Bradley Bennett, P&E, Stormwater
O Ruth Swanek, Instream Assess. (modeling)
O Carla Sanderson, Rapid Assess.
O
Operations Branch (Archdale 7th)
O Kent Wiggins, Facility Assessment
O Tom Poe, Pretreatment
O Lisa Martin, Water Supply Watershed
Regional Water Quality Supervisors
Planning Branch (Archdale - 6th) O Asheville O Mooresville O Washington
O O Fayetteville O Raleigh O Wilmington
O Winston -Salem
FROM: Michelle Suverkrubbe, Planning Branch
Attached is a copy of the above document. Subject to the requirements of the North Carolina
Environmental Policy Act, you are being asked to review the document for potential significant impacts
to the environment, especially pertinent to your jurisdiction, level of expertise or permit authority. Please
check the appropriate box below and return this form to me along with your written comments, if any,
by the date indicated.
RESP07 DEADLINE:
NO COMMENT YM4MENTS ATTACHED
Name:
Date:
Thank you for your assistance. Suggestions for streamlining and expediting this process are greatly
appreciated! it
Notes: 11v ors
You can reach me at:
phone: (919) 733 -5083, ext. 567
mis. circmemo.doc
fax: (919) 715 -5637 e -mail: michelle@dem.ehnr.state.nc.us
4
ENVIRONMENTAL ASSESSMENT
FOR
THE TOWN OF BEAUFORT MOORING FIELD
TAYLOR'S CREEK - - -- BEAUFORT HARBOR
BEAUFORT, NORTH CAROLINA
PREPARED
FOR
COMPLIANCE
WITH
G.S. 113A -1 THROUGH G.S. 113A-20
NORTH CAROLINA ENVIRONMENTAL POLICY ACT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
P.O. BOX 27687
RALEIGH, NORTH CAROLINA
27611
919 - 733 -2293
ENVIRONMENTAL ASSESSMENT
TOWN OF BEAUFORT
BEAUFORT HARBOR MOORING FIELD FACILITY
I. PURPOSE. With the passing of the LAMA regulations eliminating
moorings which are not able to be permitted, it has become
necessary for the Town of Beaufort to provide controlled moorings
in an area designated by Town grdinance in a mooring field which is
attached to the application. It is necessary to better control the
use, safety and cleanliness of the creek and harbor. Currently,
individuals are claiming various areas by placing moorings in the
Taylors Creek /Beaufort Harbor area without any control creating an
unsafe condition and creating a hazard to navigation.
II. PERMITTING. A CAMA Major Development Permit Application
i will be submitted to the North Carolina Division of Coastal
�W Management and a Section 10 permit application will be submitted to
the U.S. Army Corps of Engineers. The purposed mooring field will
also meet all local ordinances as required by the Town of Beaufort
and will be consistent with the Town Land Use Plan.
C
III. CURRENT CONDITIONS. The project site is situated north of Town
Marsh in Taylors Creek in an area to be limited on the west by the
Orange Street extension and the east by Live Oak Street. The area
'ITV is comprised of a tract of approximately 17 acres which is more
specifically shown on the map attached to the application. The
waters of Ta for Creek within the project area are classified SC
'waters by t—he Division of Water Quality. SC waters are used-by
aquatic life, promulgation, survival, fishing, wildlife and
secondary recreation. Taylors Creek flows into Newport' River,
Banks Sound and the Beaufort Inlet. Water depths within the
project area are approximately eight feet mean low water. The
project area is currently zoned open space by the Town of Beaufort.
There are no known submerged aquatic vegetation. The area is in
the Beaufor arbor area which as been dredged numerous times and
the Corp_ -c-f Engineers has dredged _ it to amean depth of twelve
_.
eet at mean low- "water: - "
IV. NEED. The applicant, Town of Beaufort, needs to control
the area as this area was hard to comply with its own ordinances
and the LAMA regulations. The Town of Beaufort was authorized to
regulate this area in accordance with that ratified bill designated
Chapter 710, Senate Bill 660, dated 26 June 1981.
The Town of Beaufort plans to construct sixty individual mooring
sites to be used by commercial, private and transient boaters who
frequent the area. That currently there is no organization or
control and the Town is without the ability to enforce and control
this area without the mooring facility being permitted as requested
V, O ,in the application.
J
ufort has become a very popular departure point to the Caribbean
and other points south. There is not presently enough docking to
accommodate their needs and this mooring field will better allow
the Town to accommodate these transients which are an important
economic consideration for the Town of Beaufort and Carteret County
in general.
V. ALTERNATIVE ANALYSIS.
A. No -Build Alternative. The No -Build alternative would
create an unsafe, uncontrolled" chaotic and potentially dangerous
situation or condition within the Beaufort Harbor /Taylors Creek
area. Currently, without the ability to build or construct and
control this mooring field, boats are continually blocking the main
access channels and the Coast Guard is having to come to the area
numerous times per month to make sure the other boats can traverse
the federally maintained channel.
B. Construction of Fixed Docking. There is no area in
which the Town of Beaufort can construct fixed docking in this area
in a manner to accommodate the needs as set forth in the previous
sections of this document. The Town of Beaufort currently does not
own any property on which it can build any other docking to
accommodate this area, it does not have the necessary funds to do
so and that to expand the current facilities would encroach into
the federally maintained channel which is prohibited by the U.S.
Army Corps of Engineers and U.S. Coast Guard.
C. Construction of Upland Marina. The Town of Beaufort
has no land available on which it can construct an upland marina
basin. The Town of Beaufort does not have the land available for
an upland marina. To acquire the property would be cost
prohibitive and that further, to do so would create certain
archaeological problems as the project is located within the
National Register of Historic Places.
D. Applicants Preferred Alternative. T h e preferred
alternative is the plan as set forth in the application to
construct sixty mooring spaces on the south side of Taylors Creek
and north of Town Marsh which will be regulated in order to prevent
boats from getting into the navigable federal channel and that will
further allow the Town of control these boats in accordance with
its zoning regulations and will be able to better protect the
public and police the harbor. There will be a locked head policy
enforced on the vessels. Pump out services will be available by
t e enant and not by the Town that exist on the present municipal
dock. That mobile pump out will also be available by private
contract. Parking will be in accordance with the zoning for the
Town of Beaufort and will be consist with the Land Use Plan.
VI. ENVIRONMENTAL CONSEQUENCES.
A. Chancres in Land Use. This project will not change the
KI
we
eZ4
e lT c_
I IN
._.
current land use but will make it more orderly and controlled. The
enforcement of the locked head policy will reduce potential of
pollution to enter the waters of Taylors Creek.
B. Estuarine Resources. NEKTON. The waters of Taylor's
Creek at the project site support a wide variety of free swimming
species. This range in species is caused by a mixture of inshore
waters and an influx of ocean tides stemming from the close
proximity of Beaufort Inlet t(:�,. Taylor's Creek.
Some of the more Common Species are striped mullet,
pinfish, black sea bass, spots, bluefish, Spanish mackerel, etc.
No impact to Nekton species is expected.
BENTHOS. The bottom of Taylor's Creek contains no seagrass
beds and the benthic organisms in the shifting sand and mud
substrate are very short -lived and their populations fluctuate
widely naturally. There are no shellfish resources. Therefore,
effects on the benthic community will be insignificant.
SS
V C. wetlands. There are no dictional 404 for wetlands or
coastal wetlands located on the project tsi e.
D. Prime or Unique Agricultural Lands. No agricultural
land exists within the boundaries of the project site.
E. Public Lands. The project will be constructed over
public trust lands and in the area in which the legislature
authorized the Town of Beaufort to regulate the navigable
boundaries of this area.
F. Scenic and Recreational Areas. Taylors Creek /Beaufort
Harbor is a very vital and scenic vista and a local and tourist
attraction. Popular recreational activities in this area include
fishing, crabbing, boating, sailing, canoeing and wildlife
observation. Scenic opportunities include the waterfront itself,
historic and cultural amenities to downtown Beaufort and
appreciation of the architectural styles.
Proposed Changes. The proposed project will result in
no changes to the scenic and recreational areas of Taylors Creek.
G. Areas of Archaeological or Historical Value. This portion
of Taylors Creek is within the National Register of Historic Places
and has been an important component of the history of the Town of
Beaufort. Throughout history boats have moored in Taylors Creek
and this proposed project will continue this historic practice in
a much more controlled and regulated manner. This project will not
make any archaeological or historic value changes.
H. Air Quality. The proposed project will have no impact
3
1
on air quality.
" I. Water Resources.
classified as SC waters by
Quality.
The waters of Taylors Creek have be4n
the North Carolina Division of Water
Project depths will range from four feet to eight feet mean low
water with an average depth of eight feet. Taylors Creek is known
for a strong tidal flow by prevailing southwesterly winds.
The boats located within the facility will be designed so that--t-bey
wi e a ixe to permanent anchorsw�iic_Fi _w —i7T -not drag and will
be situated such that when they swing either with ti e or wi—d
they will not go into other existing boats nor the navigable
channel of Taylors Creek.
The tidal flow into Taylors Creek /Beaufort Harbor provides for a
twice daily change of water thus providing for a excellent
flushing.
Proposed Changes. The proposed construction of the
mooring field will concentrate the boats outside of the current
navigable channel. The mooring field will be located-in an open
area and will be unimpeded by any obstructions.
Impacts. Impacts will be limited to the placement of the
anchors and five pilings which designate the mooring field.
Further, the unrestricted placement of mooring arichors will
'hopefully be eliminated.
J. Groundwater Quality. There will be no impacts to
groundwater.
K. Introduction of Toxic Substances. There will be no
introduction of toxic substances. The will be no fueling within
this facility.
L. Noise Level. The proposed project is not anticipated to
elevate noise levels above ambient conditions and the Town has its
own noise ordinance.
M. Water Supply. Water will be available from the town
docks located to the north of said project.
N. Shellfish and Their Habitats. There are no shellfish
resources in the proposed project area. Therefore, no significant
impact to shellfish caused by this project.
O. Wildlife and Their Habitats. ,.,Because of the project
location being situated in a portion of the dedicated, by local
ordinance, existing mooring field of the Town of Beaufort in
Beaufort Harbor, local wildlife and their habitat will suffer
4
little or no impact.
The proposed project will, in reality, lessen any threat
to local wildlife by creating a means for property policing of the
proposed mooring field. The locked head requirements and the
ability to monitor trash disposal, i.e. plastic materials and other
items of environmental concern, will certainly be beneficial to
seagulls, brown pelicans, loons and other wildfowl, and also marine
mammals (dolphins) that visit the area.
P. Eutrophication of Receiving Waters. The proposed
project will not elevate the nutrient and oxygen levels in the
adjacent waters of Taylors Creek. The completed development
project will comply with Division of Water Quality regulations.
Q. Cumulative Impacts. The proposed project will not
significantly add any cumulative impacts to the surrounding area.
In fact, it will probably reduce them.
R. Compliance with Environmental Requirements.
T
Federal. This project will require a permit from the
U.S. Army Corps of Engineers pursuant to Section 10 of the Rivers
and Harbors Act of 1899. The Corps of Engineers will review the
application for compliance with all applicable laws.
State. The Division of Coastal Management coordinates
the review process for all relevant state agencies.
North Carolina Environmental Policy Act. The proposed
project involves the use of public trust area below the mean high
water and, therefore, requires compliance with the NCEPA. The
Environmental Assessment is being submitted as documentation for
such compliance. Based on the assessment of impacts by the
proposed project, a FONSI will be issued or an Environmental Impact
Statement (EIS) will be required prior to permit issuance.
S. Notification.
Riparian Landowners. All adjacent riparian landowners
will receive copies of the LAMA Major Development Permit
Application.
Public Notice. DCM will issue a notice of
application for a LAMA Major Development Permit in the local
newspaper as part of their review process.
Environmental Assessment Submittal. This EA is being
submitted to the Division of Coastal Management for circulation to
commenting agencies.
T. Point of Contact. Any comments or questions regarding
5
this EA should be sent to John Young, Town of Beaufort, P. O. Box
390, Beaufort, NC 28516. Telephone contact is 919- 728 -2141.
U. Findings. The proposed mooring area is not expected to
significantly affect the quality of the environment and will most
likely improve same. The subject site appears to be well suited
for the proposed project. The development will have positive
impacts on the local economy, public, scenic and recreational
opportunities and the appearanc2 of the property itself.
Since impacts to the environment are considered to be
insignificant, an Environmental Impact Statement is not warranted.
If this determination is confirmed by DCM, a Finding of No
Significant Impact (FONSI) will be issued prior to the project
beginning.
V. Sources of Information.
North Carolina Administrative Code, Title 15A DEHNR, Chapter
7, Coastal Management.
Town of Beaufort Zoning Regulations.
North Carolina Division of Coastal Management, Morehead City
Office, Personal Communications.
NCDWQ, DEHNR, Classifications and Water Quality Standards
Assigned to the Waters of the White Oak River Basin.
N.C. Marine Fisheries, DEHNR, North Carolina Fisheries Rules
for Coastal Waters.
U.S. Fish and Wildlife Service. and the National Marine
Fisheries Service, Endangered and Threatened Species Information,
by reference.
North Carolina Administrative Code. Title 15A, EHNR-
Departmental Rules Subchapter 1C. Compliance with North Carolina
Environmental Policy Act.
U.S. Army Corps of Engineers, Navigation Branch, Wilmington
District Office, Channel Alignment and Harbor Line Information.
N.C. General Assembly, Ratified Bill Session, Chapter 710,
Senate Bill 660.
National Register of Historic Places, Washington, D.C., by
reference.
_ a1
State of North Carolina
Department of Environment,
Health and Natural Resources A • 0
Division of Coastal Management ^����
James B. Hunt, Jr., Governor p E H N R
Jonathan B. Howes, Secretary
Roger N. Schecter, Director –
i i
i
May 27, 1997
l i:rI
COASTAL IG'ANrf �r ENT
MEMORAND
TO: Mr. A. Preston Howard, P.E., Director
Division of Water Quality ,y AFL
FROM: John R. Parker, Jr.gls 9-p�
Major Permits Processing Coordinator off,
�o
SUBJECT: CAMA /DREDGE & FILL Permit Application Review
Applicant: Beaufort, Town of
Project Location: off Front Street between Orange Street
extension and Live Oak Street, in Taylor's
Creek, Beaufort, Carteret County
Proposed Project: to establish a permitted mooring field
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 17, 1997. If you have any questions regarding the proposed project, please contact
Ted Tyndall at (919) 808 -2808. When appropriate, in -depth comments with supporting data is
requested.
ISAIV; 5,1_36l ti "'
REPLY: V This agency has no objection to the project as proposed.
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.
C Ate:
SIGNED (Z– L,'—' S i V t– DATE Ca -- Z -- ci
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 N %41 1 Voice 919 - 808 -2808 FAX 919 - 247 -3330 Courier 11 -12- 09 4F C '� Equal Opportunity /Affirmative Action Employer
50% recycled / 10% Post-consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of Beaufort
2. LOCATION OF PROJECT SITE: Carteret County, Town of Beaufort, off Front Street between
Orange St. extension and Live Oak Street, in Taylor's Creek
Photo Index - 1995: 42 -525 (indexed by V -9; U,V -10; T,U,V -11; T,U- 12,13; S,T- 14,15; S,T -16)
1990: Taylor Creek (indexed by E,F -7,8; D,E- 9,10; C,D,E -11; C,D- 12,13,14; C- 15,16)
State Plane Coordinates - X: 2,701,300 Y: 359,200 Beaufort Quad "UR"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 25, 1995
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - April 22, 1997
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Beaufort
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PTA, ES
(C) Water Dependent: Yes
(D) Intended Use: Public docks /moorings
(E) Wastewater Treatment: Existing - City Sewer & Marine . Pumpout
Planned - None
(F) Type of Structures: Existing - Freestanding moorings
Planned - Freestanding moorings
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non - Vegetated Wetlands
Open Water -- controlled
740,520 ft;
Shallow Bottom -- disturbance
130 fe
(C) Other
(D) Total Area Disturbed: 740,650 ftz
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The Town of Beaufort proposes to establish a. permitted mooring field.
t
I
FIELD INVESTIGATION REPORT:
TOWN OF BEAUFORT /CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION:
Project Setting
An Environmental Assessment is being circulated simultaneously with this
CAMA Application. The Town of Beaufort is proposing to establish a mooring field
immediately south of Taylors Creek Channel in the Beaufort Harbor area. The
mooring field would be located adjacent to Town Marsh in the area bound by Orange
Street to the west and Live Oak Street to the east. The project area is comprised of
approximately 17 acres of protected waters averaging approximately -8' below MLW.
The area has traditionally been used by various individuals which have claimed a stake
in the area by placing moorings in the Taylor Creek/Beaufort Harbor without any
regards to the location and type of material used for the anchorage. Consequently such
uncontrolled development has created an unsafe situation with potential hazards to
navigation.
The Town of Beaufort was authorized to regulate the navigable waters within its
boundaries via ratified bill designated Chapter 710, Senate Bill 660, dated 26 June
1981. The Board of Commissioners of the Town of Beaufort have passed a resolution
requesting special rules and regulations from the North Carolina Wildlife Resources
Commission with reference to the safe and reasonable operation of vessels on Taylors
Creek within the territorial limits of the Town of Beaufort. The North Carolina
National Estuarine Research Reserve's Rachel Carson Reserve component is located
south of the proposed mooring field and have granted the Town permission to use the
area for the purpose stated. The Town currently has all the necessary amenities
associated with multiple docks /moorings included but not limited to toilets, showers,
marine pumpout, municipal garbage pickup, and parking.
This portion of Taylor's Creek is within the National Register of Historic places.
The waters of Taylor's Creek are classified as SC and are closed to shellfishing. The
bottom is a sandy /muddy substrate. And based on information provided by the North
Carolina Division of Marine Fisheries there are no seagrass beds or shellfish resources
within the project site.
Project Description
The Town of Beaufort proposes to establish a 17 -acre mooring field with
approximately 60 individual moorings to be used by commercial, private and transient
boaters. The triangular- shaped mooring field would begin across from Orange Street
and run parallel with Taylor's Creek Channel for approximately 2,800'. to a point
across from Live Oak Street, at that point it, would run 910' west to a point off Town
Marsh, turn northwest and run another 2,120' to the beginning across from Orange
I
FIELD INVESTIGATION REPORT:
TOWN OF BEAUFORT /CARTERET COUNTY
PAGE #3
Street (see plat labeled "Mooring Site at Beaufort"). The Town proposes to define the
area by installing mooring site markers (two -sided white signs with a blue stripe and
labeled "A" through "E" and placed on single pilings) at each comer as well as along
the leg adjacent the channel for a total of five mooring site markers. The coordinates
of the signs are defined in the application.
The old moorings including anchors would be removed. The new moorings
would consist of a Helix anchor of variable length with one to three helices. These
anchors would be screwed into the sandy bottom leaving minimal shaft above the
bottom. A chain rode with a length equal to 2 to 3 times the MHW depth would be
attached to a 18" to 30" diameter, white mooring ball which would also have the 6 "-
wide blue strip.
Anticipated Impacts
The formalizing of the mooring field would result in the controlled use of 17
acres of Public Trust Waters. It is however anticipated that the permitted, controlled
mooring field would allow for a safer and cleaner use of the Taylor's Creek/Beaufort
Harbor area. The mooring field would be well defined and marked as a mooring area,
thus reducing impacts to navigation from passing boaters. The enforcement of a
locked head policy should improve water quality. The removal of the existing mooring
anchors (of questionable material) and replacement with the Helix anchors should also
improve bottom clutter. Placing a figure on bottom disturbance is difficult, however
by screwing the anchors into the bottom, only a square foot or two per anchor should
be disturbed. No impact to shellfish or SAVs would be anticipated.
M. Ted Tyndall - Morehead City - May 27, 1997
S
I
TOWN
I_;
BEAUFORT
APPLICATION FOR MAJOR
DEVELOPMENT
►i
TAYLOR'S CREEK MOORING FACILITY
SUBMITTED APRIL 21ST, 1997
Y
TABLE OF CONTENTS
1. FORM DCM -MP -1
2. FORM DCM -MP-4
3. FORM DCM -MP -6
4. COVER LETTER, PROJECT DESCRIPTION
5. TOWN RESOLUTION AUTHORIZING REGULATION OF WATERS WITHIN
ITS BOUNDARIES. (COPY)
6. NORTH CAROLINA GENERAL ASSEMBLY ACT AUTHORIZING THE
TOWN OF BEAUFORT TO REGULATE WATERS WITHIN ITS
BOUNDARIES. (COPY)
7. GENERAL ASSEMBLY OF NORTH CAROLINA RATIFIED BILL OF
SESSION 1981 AUTHORIZING THE TOWN TO REGULATE WATERS
WITHIN ITS BOUNDARIES. (COPY)
8. NORTH CAROLINA STATE ROAD MAP. (1996 EDITION)
9. PROJECT VICINITY MAP
10. PROJECT SITE MAP INCLUDING SITE MARKERS.
11. COORDINATES OF PROPOSED SITE MARKERS
12. DETAILS OF SITE MARKERS
13. LOCAL ACCESS SITE MAP
14. PRE - APPLICATION FOR ADDITIONAL LOCAL ACCESS (COPY)
15. RESTROOM,SHOWERS,SEWER PUMPOUT STATION AND GARBAGE
COLLECTION SITE MAP
16. COORDINATES FOR RESTROOMS, ETC.
17. PHOTO EXHIBITS OF RESTROOMS, PUMPOUT STATION
18. PHOTO EXHIBITS OF LOCAL ACCESS SITES
19. PHOTO EXHIBITS OF SITE AREA FROM DIFFERENT ANGLES
20. DESCRIPTION OF ANCHORING SYSTEM
21. ENVIRONMENTAL ASSESSMENT
22. ENCLOSURE: NORTH CAROLINA NATIONAL ESTUARINE RESEARCH
RESERVE
23. ENCLOSURE: MR. DAVID L. TAYLOR, NORTH CAROLINA DIVISION
OF MARINE FISHERIES
S
Y
Form DCM -MP -1
APPLICATION-
1. APPLICANT
a. Landowner:
Name TOWN OF BEAUFORT
AddressP.O. BOX 390
City BEAUFORT
(To be completed by all applicants)
State NC
Zip 28516 Day Phone 919 -72R -2141
Fax 919 - 728 -3982
b. Authorized Agent:
Name JOHN YOUNG
AddressP.O. BOX 390
City BEAUFORT
State NC
Zip 28516 Day Phone gig-798-9141
Fax 919 - 728 -3982
c. Project name (if any) RFATWORT RARRnR
MOORING FACILITY
NOTE: Permit *W be issued in nano of Lmdowner(s), and /or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County CARTERET
0-4—A ftlfac
b. City, town, community or landmark
TOWN OF BEAUFORT
c. Street address or secondary road number
OFF OF FRONT STREET
d. Is proposed work within city limits or planning
jurisdiction? . X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) TAYLORS CREEK
BEAUFORT HARBOR
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and /or filling activities.
PERMANENT MOORINGS
SINGLE PILES DESIGNATING
MOUIURG AREA
b. Is the proposed activity maintenance of an existing
project, new work, or both? BOTH
c. Will the project be for public, private or commercial
use? _ PTTRT.TC- CnMKFRCTAT.
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. PROVIDE CONTROLLED MOORING
IN AN AREA DESIGNATED BY TOWN ORDINANCE,
A MOORING FIELD(SEE ATTACHED ) ALSO TO BE'
CONTROL THE USE, SAFETY AND CLEANLINESS i
BEAUFORT HARBOR AND TAYLUK CREEK
Form DCM -MP -1
4. LAND AND RATER
CHARACTERISTICS
a. Size of entire tract 17 ACRES r
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
VWT N/A
d. Soil type(s) and texture(s) of tract
N/A
e. Vegetation on tract N/A
f. Man-made features now on tract RANDON MOORINGS
WITH UNAPPROVED ANCHORS & BUOYS
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use pleat.)
X
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
OPEN SPACE
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Aaach Zoning compliance tern, cwe, if applicable)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes z No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
X Yes No
1. Are there wetlands on the site? Yes z No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Anach documentation, if available)
m. Describe existing wastewater treatment facilities.
MUNICIPAL PUMPOUT STATION ON TOWN DOCKS
SEE ATTACHED FOR CO- ORDINATES
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
N/A
o. Describe existing drinking water supply source.
POTAR .F. WATER AVATBLE FROM TOWN DOCK
5. ADDITIONAL rNFORMATION
In addition to the completed application form, the
following 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 properties. 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.
• An accurate, dated work plat (including plan view
and cross- sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.020' ) for a
detailed description.)
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 an
adequate number of 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
Form DCM -MP -1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name TOWN OF BEAUFORT
Address P.O. BOX 390, BEAUFORT, NC
Phone 919 - 728 -2170
Name N.C. NATIONAL ESTUARINE RESEARCH
Address 510 WEST BEAUFORT ROAD, BEAUFORT
Phone 919 - 728 -2170
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized 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 the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
y-
This is the s day of /'i , 1917
Print Name JOHN N. YOUNG
Signature Signature
r or A+aho ' d A eni
Please indicate attachments pertaining to your proposed
project.
DCM MP -2
Excavation and Fill Information
DCM MP -3
Upland Development
DCM MP-4
Structures Information
DCM MP -5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM -MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM -MP -1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and /or Pier(s) N/A
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number N/A
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length N/A
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys
(1) g Commercial _Community _ Private
(2) Number 45 t
(3) Description of buoy
(Color inscription, size, anchor, etc.)
SEE ATTACHED
SYSILEN
(4) Width of water body 900' t
(5) Distance buoy(s) to be placed beyond
shoreline VARIES
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number N/A
(3) Length
(4) Width
g. Other (Give complete description)
BEAUFORT HARBOR MOORING FACILITY
Appli t or jest N
S'
q Z1 47
Date
Form DCM -MP -6
MARINA
DEVELOPMENT
(Required for the mooring of more than 10 vessels)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM -MP -1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
I. MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
X Commercial X . Public Residential
b. Will the marina be open to the general public?
X Yes No
c. If there is residential development associated with
the marina, how many units or lots are planned and
ho Nmaany are currently developed?
d. Check all of the types of services to be provided.
Full service, including travel lift and /or rail
Dockage, fuel, and marine supplies
Dockage ( "wet slips ") only
Number of slips
Dry storage
Number of boats
Boat ramp(s)
% Other (describe) MOORING SITES
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin and /or
channel
X Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types). MIXED MOSTLY SAIL BOATS
n.. _j__J A�'A
g. Typical boat length 30 -35'
h.
50'
Maximum boat length _
i. Are any floating structures planned? NONE
If so, describe
2. MARINA OPERATIONS
a. Check each of the following sanitary. facilities that
will be included in the proposed project.
Office toilets
X Toilets for patrons
Number
Location TwATTFnRT DOCKS
2 Showers
1 Boat holding tank pumpout
Type and location MUNCIPAL LOCATED ON
TOWN DOCKS
b. Describe treatment type and disposal location for all
sanitary wastewater. MUNICIPAL TREATMENT PLAN
PUMPODT LOCATION ON TOWN DOCK
SEE ATTACHED FOR COORDINATES
c. Describe the disposal of solid waste, fish offal and
trash disposal. MUNICIPAL GARBAGE PICKUP
d. How will overboard discharge of sewage from boats
be controlled? SIGNS POSTED SAYING
"DISCHARGE OF WASTEWATER PROHIBITED"
TOWN ORDINANCE
e. Give the location and number of "No Sewage
Discharge" signs proposed. 5- TacATRD ON PILES
YLRING SITE -SEE ATTACHED FOR
Form DCM -MP -6
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste and petroleum products.
g. Where will residue frR39A vessel maintenance be
disposed of ?
h. Give the number of channel markers and "No
Wake" signs proposed.5 MARKER PILES
L Give the location of fuel - handling facilities, and
describe the safety measures planned to protect area
water quality. _RFarrpoRT nnr-ws
j. Describe design measures that promote boat basin
flushing or circulation �A at reduce water quality
impacts.
TIDAL
k. What will be the marina policy on overnight and
Iive -board dockage? AS PER LAND USE PLAN
1. Is the proposed marina located near any shellfish
leases? Yes _ x No
If yes, give the name and address of the leaseholder.
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
N/A
n. How many slips are now available?
MOORING SITES 45f
Revised 03/95
o. Is the marina proposed within a primary or
secondary nursery area? Yes X No
p. Is the marina proposed within an area open to
shellfish harvesting? Yes x No
q. Give the location and number of "Pumpout
Available" signs proposed. 5 ON MOORING SITE
MARKERS
TOWN OF BEAUFORT HARBOR MOORING FACILITY
AP=
signs
`-( — Z r , S -7
Date
TOWN OF BEAUFORT
INSPECTION DEPARTMENT
P. O. DRAWER 390
BEAUFORT, N. C. 28516
SEPTEMBER 16,1996
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
TO WHOM IT MAY CONCERN:
THE TOWN OF BEAUFORT IS MAKING APPLICATION FOR A CAMA PERMIT TO
ALLOW THE ESTABLISHMENT OF A PERMANENT MOORING FIELD FOR THE
TOWN.
AT THIS TIME TOWN ORDINANCES DESCRIBE SUCH A FACILITY IN TAYLOR'S
CREEK SOUTH OF THE BEAUFORT DOCKS. THE TOWN REALIZES THAT IN
ORDER TO COMPLY WITH NEW CAMA REGULATIONS CONCERNING MOORINGS
THAT A CAMA PERMIT MUST BE ISSUED FOR THIS SITE.
THE PURPOSE OF THIS FACILITY IS TO PROVIDE A SAFE AND CONTROLLED
MOORING AREA FOR BOTH HOME PORT AND TRANSIENT VESSELS.
BY BEING A PERMITTED SITE, ENFORCEMENT OF THE TOWN ORDINANCES
PERTAINING TO OUR MOORING FIELD WOULD BE CONSIDERABLY EASIER;
ESPECIALLY THE PORTIONS PERTAINING TO SEWAGE PUMPOUT AND OUR
TRASH ORDINANCES AND OUR VESSEL REGISTRATION POLICY.
THE TOWN REALIZES THE IMPORTANCE OF THE NEW REGULATIONS AND
EVERY EFFORT IS BEING MADE TO GUARANTEE OUR PROJECT WILL MEET
ALL OF THESE NEW RULES AND WILL PROVIDE FOR A SAFE AND CLEAN
MOORING FACILITY.
THE ANCHOR SYSTEM THAT WILL CONSTITUTE A MOORING SITE WILL BE
EITHER A HELIX SYSTEM (SEE ENCLOSURE) OR A SYSTEM COMPARABLE
TO A HELIX SYSTEM AND WILL BE ENGINEERED BEFORE INSTALLATION.
I HAVE INCLUDED A LETTER FROM DR. JOHN TAGGART CONCERNING THE
RACHAEL CARSON SANCTUARY, A WORK PLAT SHOWING WHERE THE
MOORING SITE WILL BE LOCATED, A CROSS SECTION OF THE PILES MARKING
THE SITE, INFORMATION ON THE TYPE ANCHORING SYSTEM TO BE USED(THIS
WILL BE ENGINEERED), COORDINATES ON THE PILES, LOCATIONS OF THE
WASTE PUMPOUT STATION, RESTROOMS AND SHOWERS AND THIER
COORDINANCES AS RQUESTED IN A LETTER FROM MR. TED TYNDALL.
YOUR CONCIDERATION IN THIS MATTER IS APPRECIATED.
SINCERELY YOURS,
OHN YOUNG
PUBLIC WORKS DIRECTO
TOWN OF BEAUFORT
Qt
j Lo-
WA Z:ay
ar
II
it
ci Z"A
II
lip
ol
0
rA
Th
O
0
Z
61
ui
0
O
CAMA APPLICATION INFORMATION FOR THE TOWN OF BEAUFORT
POSITION COORDINATES FOR
A. RESTROOMS 34- 43 "00N, 76-40"01'W
B. SHOWERS 34- 42 "56'N, 76- 39 "57'W
C. PUMPOUT
STATION 34- 42 "55'N, 76- 39 "57'W
D. MOORING SITE
MARKERS
"A!'34-42"56.2'N, 76- 40 "04.7'W
"B" 34- 42 "52.5N, 76 -39 "56.1 "W
"C" 34- 42 "47.8'N, 76 -39 "54.3 "W
"D" 34- 42 "46.5N,76- 39 "43.5W
"E" 34- 42 "44.8N, 76- 39 "49.7W
�--I i F-, ) � 4 7
r O wN
y
1J +••. ff.
J
�\
""CuLE
MWT &RIDGE
"OR CL
60'
K "r CL
15 5 M v
D't•W CLOSED
&ASCULE
R.N IRiDGE
MOA CL
60.
VENT CL
{.T* K.W.
DRAW CLOSED
I
O �
O
7
-9- 6q s \ SRC of
tiT
cool
-.!,Oo\
N,�RSK
13EAUFORT HARBOR , N. C.
MODRI:Nq SITE AT BEAUFORT
SCALE OF FEET'
500 0 500 1000
1500
NAF RE vi SE% 9- 16 1996
C R Cr E K
r
17 PCRF�)
Averej-�.,c JcQ4-Z,,,.
W Ct. Y-_ 21y,
v
M
d d
T
a
O
C'
CY
J
9�
'a
d
I
4 -w
VARIABLE
DEPTH
cl
F/- i 9 9 7
11- o
1
� ANCHOR
CONE OF
/ RESISTANCE
O
O
c�
O
CL
m
Y
� � Q
f�
O a
cc
Co
fi W CL
SOMME
v % .o° M
R�
V
So
x MM
E in `o .;c
cm
wa
=" \ �I�IIII�I��II�I�I�IIIII
sq
CU
�
.3 lilillil�illilililil it
L�
0 0
o
'
> +.,
.5
2
S
Cl)
p
so
1
ti
U Qt
3
��
PROPOSED ANCHORING SYSTEM
TOWN OF BEAUFORT
MOORING FIELD
TAYLOR'S CREEK - - - -- BEAUFORT HARBOR
BEAUFORT, NORTH CAROLINA
CARTERET COUNTY
ENVIRONMENTAL ASSESSMENT
FOR
THE TOWN OF BEAUFORT MOORING FIELD
TAYLOR'S CREEK - - -- BEAUFORT HARBOR
BEAUFORT, NORTH CAROLINA
PREPARED
FOR
COMPLIANCE
WITH
G.S. 113A-1 THROUGH G.S. 113A -20
NORTH CAROLINA ENVIRONMENTAL POLICY ACT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
P.O. BOX 27687
RALEIGH, NORTH CAROLINA
27611
919 - 733 -2293
ENVIRONMENTAL ASSESSMENT
TOWN OF BEAUFORT
BEAUFORT HARBOR MOORING FIELD FACILITY
I. PURPOSE. With the passing of the LAMA regulations eliminating
moorings which are not able to be permitted, it has become
necessary for the Town of Beaufort to provide controlled moorings
in an area designated by Town ordinance in a mooring field which is
attached to the application. It is necessary to better control the
use, safety and cleanliness of the creek and harbor. Currently,
individuals are claiming various areas by placing moorings in the
Taylors Creek /Beaufort Harbor area without any control creating an
unsafe condition and creating a hazard to navigation.
II. PERMITTING. A LAMA Major Development Permit Application
will be submitted to the North Carolina Division of Coastal
Management and a Section 10 permit application will be submitted to
the U.S. Army Corps of Engineers. The purposed mooring field will
also meet all local ordinances as required by the Town of Beaufort
and will be consistent with the Town Land Use Plan.
III. CURRENT CONDITIONS. The project site is situated north of Town
Marsh in Taylors Creek in an area to be limited on the west by the
Orange Street extension and the east by Live Oak Street. The area
is comprised of a tract of approximately 17 acres which is more
specifically shown on the map attached to the application. The
waters of Taylors Creek within the project area are classified SC
'waters by the Division of Water Quality. SC waters are used by
aquatic life, promulgation, survival, fishing, wildlife and
secondary recreation. Taylors Creek flows into Newport River,
Banks Sound and the Beaufort Inlet. Water depths within the
project area are approximately eight feet mean low water. The
project area is currently zoned open space by the Town of Beaufort.
There are no known submerged aquatic vegetation. The area is in
the Beaufort Harbor area which has been dredged numerous times and
the Corps of Engineers has dredged it to a mean depth of twelve
feet at mean low water.
IV. NEED. The applicant, Town of Beaufort, needs to control
the area as this area was hard to comply with its own ordinances
and the LAMA regulations. The Town of Beaufort was authorized to
regulate this area in accordance with that ratified bill designated
Chapter 710, Senate Bill 660, dated 26 June 1981.
The Town of Beaufort plans to construct sixty individual mooring
sites to be used by commercial, private and transient boaters who
frequent the area. That currently there is no organization or
control and the Town is without the ability to enforce and control
this area without the mooring facility being permitted as requested
in the application.
Beaufort has become a very popular departure point to the Caribbean
and other points south. There is not presently enough docking to
accommodate their needs and this mooring field will better allow
the Town to accommodate these transients which are an important
economic consideration for the Town of Beaufort and Carteret County
in general.
V. ALTERNATIVE ANALYSIS.
A. No -Build Alternative. The No -Build alternative would
create an unsafe, uncontrolled, chaotic and potentially dangerous
situation or condition within the Beaufort Harbor /Taylors Creek
area. Currently, without the ability to build or construct and
control this mooring field, boats are continually blocking the main
access channels and the Coast Guard is having to come to the area
numerous times per month to make sure the other boats can traverse
the federally maintained channel.
B. Construction of Fixed Docking. There is no area in
which the Town of Beaufort can construct fixed docking in this area
in a manner to accommodate the needs as set forth in the previous
sections of this document. The Town of Beaufort currently does not
own any property on which it can build any other docking to
accommodate this area, it does not have the necessary funds to do
so and that to expand the current facilities would encroach into
the federally maintained channel which is prohibited by the U.S.
Army Corps of Engineers and U.S. Coast Guard.
C. Construction of Upland Marina. The Town of Beaufort
has no land available on which it can construct an upland marina
basin. The Town of Beaufort does not have the land available for
an upland marina. To acquire the property would be cost
prohibitive and that further, to do so would create certain
archaeological problems as the project is located within the
National Register o_f Historic Places.
D. Applicants Preferred Alternative. T h e preferred
alternative is the plan as set forth in the application to
construct sixty mooring spaces on the south side of Taylors Creek
and north of Town Marsh which will be regulated in order to prevent
boats from getting into the navigable federal channel and that will
further allow the Town of control these boats in accordance with
its zoning regulations and will be able to better protect the
public and police the harbor. There will be a locked head policy
enforced on the vessels. Pump out services will be available by
the tenant and not by the Town that exist on the present municipal
dock. That mobile pump out will also be available by private
contract. Parking will be in accordance with the zoning for the
Town of Beaufort and will be consist with the Land Use Plan.
VI. ENVIRONMENTAL CONSEQUENCES.
A. Changes in Land Use. This project will not change the
0
r
current land use but will make it more orderly and controlled. The
enforcement of the locked head policy will reduce potential of
pollution to enter the waters of Taylors Creek.
B. Estuarine Resources. NEKTON. The waters of Taylor's
Creek at the project site support a wide variety of free swimming
species. This range in species is caused by a mixture of inshore
waters and an influx of ocean tides stemming from the close
proximity of Beaufort Inlet to Taylor's Creek.
Some of the more Common Species are striped mullet,
pinfish, black sea bass, spots, bluefish, spanish mackerel, etc.
No impact to Nekton species is expected.
BENTHOS. The bottom of Taylor's Creek contains no seagrass
beds and the benthic organisms in the shifting sand and mud
substrate are very short -lived and their populations fluctuate
widely naturally. There are no shellfish resources. Therefore,
effects on the benthic community will be insignificant.
C. Wetlands. There are no jurisdictional 404 for wetlands or
coastal wetlands located on the project site.
D. Prime or Unique Agricultural Lands. No'agricultural
land exists within the boundaries of the project site.
E. Public Lands. The project will be constructed over
public trust lands and in the area in which the legislature
authorized the Town of Beaufort to regulate the navigable
boundaries of this area.
F. Scenic and Recreational Areas. Taylors Creek /Beaufort
Harbor is a very vital and scenic vista and a local and tourist
attraction. Popular recreational activities in this area include
fishing, crabbing, boating, sailing, canoeing and wildlife
observation. Scenic opportunities include the waterfront itself,
historic and cultural amenities to downtown Beaufort and
appreciation of the architectural styles.
Proposed Changes. The proposed project will result in
no changes to the scenic and recreational areas of Taylors Creek.
G. Areas of Archaeological or Historical Value. This portion
of Taylors Creek is within the National Register of Historic Places
and has been an important component of the history of the Town of
Beaufort. Throughout history boats have moored in,Taylors Creek
and this proposed project will continue this historic practice in
a much more controlled and regulated manner. This project will not
make any archaeological or historic value changes.
H. Air Ouality. The proposed project will have no impact
3
on air quality.
I. Water Resources. The waters of Taylors Creek have been
classified as SC waters by the North Carolina Division of Water
Quality.
Project depths will range from four feet to eight feet mean low
water with an average depth of eight feet. Taylors Creek is known
for a strong tidal flow by prevailing southwesterly winds.
The boats located within the facility will be designed so that they
will be affixed to permanent anchors which will not drag and will
be situated such that when they swing either with tide or wind,
they will not go into other existing boats nor the navigable
channel of Taylors Creek.
The tidal flow into Taylors Creek /Beaufort Harbor provides for a
twice daily change of water thus providing for a excellent
flushing.
Proposed Changes. The proposed construction of the
mooring field will concentrate the boats outside of the current
navigable channel. The mooring field will be located in an open
area and will be unimpeded by any obstructions.
Impacts. Impacts will be limited to the placement of the
anchors and five pilings which designate the mooring field.
Further, the unrestricted placement of mooring anchors will
'hopefully be eliminated.
J. Groundwater Quality. There will be no impacts to
groundwater.
K. Introduction of Toxic Substances. There will be no
introduction of toxic substances. The will be no fueling within
this facility.
L. Noise Level. The proposed project is not anticipated to
elevate noise levels above ambient conditions and the Town has its
own noise ordinance.
M. Water Supply. Water will be available from the town
docks located to the north of said project.
N. Shellfish and Their Habitats. There are no shellfish
resources in the proposed project area. Therefore, no significant
impact to shellfish caused by this project.
O. Wildlife and Their Habitats. Because of the project
location being situated in a portion of the dedicated, by local
ordinance, existing mooring field of the Town of Beaufort in
Beaufort Harbor, local wildlife and their habitat will suffer
4
little or no impact.
The proposed project will, in reality, lessen any threat
to local wildlife by creating a means for property policing of the
proposed mooring field. The locked head requirements and the
ability to monitor trash disposal, i.e. plastic materials and other
items of environmental concern, will certainly be beneficial to
seagulls, brown pelicans, loons and other wildfowl, and also marine
mammals (dolphins) that visit the area.
P. Eutrophication of Receiving Waters. The proposed
project will not elevate the nutrient and oxygen levels in the
adjacent waters of Taylors Creek. The completed development
project will comply with Division of Water Quality regulations.
Q. Cumulative Impacts. The proposed project will not
significantly add any cumulative impacts to the surrounding area.
In fact, it will probably reduce them.
R. Compliance with Environmental Requirements.
Federal. This project will require a permit from the
U.S. Army Corps of Engineers pursuant to Section 10 of the Rivers
and Harbors Act of 1899. The Corps of Engineers will review the
application for compliance with all applicable laws.
State. The Division of Coastal Management coordinates
the review process for all relevant state agencies.
North Carolina Environmental Policy Act. The proposed
project involves the use of public trust area below the mean high
water and, therefore, requires compliance with the NCEPA. The
Environmental Assessment is being submitted as documentation for
such compliance. Based on the assessment of impacts by the
proposed project, a FONSI will be issued or an Environmental Impact
Statement (EIS) will be required prior to permit issuance.
S. Notification.
Riparian Landowners.
will receive copies of the C
Application.
Public Notice. DCM
application for a CAMA Major De
newspaper as part of their review
All adjacent riparian landowners
'AMA Major Development Permit
will issue a notice of
;velopment Permit in the local
process.
Environmental Assessment Submittal. This EA is being
submitted to the Division of Coastal Management for circulation to
commenting agencies.
T. Point of Contact. Any comments or questions regarding
9
this EA should be sent to John Young, Town of Beaufort, P. O. Box
390, Beaufort, NC 28516. Telephone contact is 919- 728 -2141.
U. Findings. The proposed mooring area is not expected to
significantly affect the quality of the environment and will most
likely improve same. The subject site appears to be well suited
for the proposed project. The development will have positive
impacts on the local economy, public, scenic and recreational
opportunities and the appearance of the property itself.
Since impacts to the environment are considered to be
insignificant, an Environmental Impact Statement is not warranted.
If this determination is confirmed by DCM, a Finding of No
Significant Impact (FONSI) will be issued prior to the project.
beginning.
V. Sources of Information.
North Carolina Administrative Code, Title 15A DEHNR, Chapter
7, Coastal Management.
Town of Beaufort Zoning Regulations.
North Carolina Division of Coastal Management, Morehead City
Office, Personal Communications.
NCDWQ, DEHNR, Classifications and Water Quality Standards
Assigned to the Waters of the White Oak River Basin.
N.C. Marine Fisheries, DEHNR, North Carolina Fisheries Rules
for Coastal Waters.
U.S. Fish and Wildlife Service and the National Marine
Fisheries Service, Endangered and Threatened Species Information,
by reference.
North Carolina Administrative Code. Title 15A, EHNR-
Departmental Rules Subchapter 1C. Compliance with North Carolina
Environmental Policy Act.
U.S. Army Corps of Engineers, Navigation Branch, Wilmington
District Office, Channel Alignment and Harbor Line Information.
N.C. General Assembly, Ratified Bill Session, Chapter 710,
Senate Bill 660.
National Register of Historic Places, Washington, D.C., by
reference.
F
THE MOORING SYSTEM FOR THE PROPOSED MOORING FIELD FOR THE TOWN OF
BEAUFORT WILL BE CONSTRUCTED TO STANDARDS SUITABLE FOR VESSELS
WITH AN OVERALL LENGTH OF UP TO FIFTY (50) FEET AND ALSO WITH THE
ADDED PROVISIONS FOR STORM WINDS AND TIDES AND INSTALLED TO SATISFY
MANUFACTURER'S SPECIFICATIONS FOR THIS APPLICATION. NO HOME -MADE OR
POORLY RIGGED EQUIPMENT WILL BE ALLOWED. ALL ANCHORS AND FITTINGS
WILL BE ENGINEERED AND CERTIFIED.
SWING AREA WILL ALSO BE CALCULATED AND MAINTAINED TO PREVENT DAMAGE
TO VESSEL'S OCCUPYING MOORINGS IN THIS FACILITY.
IT WILL BE THE RESPONSIBILITY OF THE TOWN OF BEAUFORT OR AN AGENT OF
THE MUNICIPALITY TO INSURE THAT THESE REQUIREMENTS ARE MET.
AP IL 18, 1997
JOHN YOU G
PUBLIC WO DIREC OR
PHOTO EXHIBITS DIRECTORY
EXHIBIT A. VIEW OF SITE FROM WEST END OF FRONT STREET
(100 BLOCK)
EXHIBIT B. VIEW OF SITE FROM WEST END OF FRONT STREET
(200 BLOCK)
EXHIBIT C. VIEW OF RESTROOMS (400 BLOCK) FRONT STREET
EXHIBIT D. PROPOSED LOCAL ACCESS SITE #2 ( SOUTH END OF
ORANGE STREET)
EXHIBIT E. VIEW OF BATHHOUSE (400 BLOCK) FRONT STREET
EXHIBIT F. VIEW OF SEWER PUMPOUT STATION (WEST END OF TOWN
BOARDWALK)
i
EXHIBIT G. VIEW OF LOCAL ACCESS SITE # 1, (SOUTH END OF
POLLOCK STREET)
EXHIBIT H. VIEW OF PROPOSED SITE FROM EAST SIDE (800 BLOCK
OF FRONT STREET)
?�l�c4-o
�tj C
i�lo�o j
0 1
0'rayben 'Paul
JAY.CEE
TOWN PARK
�zto� x . L', f ,, c ,,
7
P
ELix
M00RiNCj
sys-UNIS
INC.
Helical Embedment Anchor specifications
P.O. Box 723, Belfast, ME 04915
Tel.: 207 - 338 -0411 Fax: 207- 338 -0415
Toll Free: 1- 800 -866 -4775
SS175 Helical Anchor (13/4" on a side):
1. Helical plate (anchor & extension)- Hot -rolled steel plate, A -635 or A -715 with minimum yield
strength of 80 ksi and minimum ultimate strength of 90 ksi.
2. Square shaft (anchor & extension)- Hot - rolled, round cornered square HSLA steel bar,
ASTM -A -29.
3. Female coupling fitting(extension)- formed as integral part of the square shaft material.
4. Coupling bolts- ASTM -A -193 Grade 137.
5. Welding- All welding shall be in accordance with AWS D1.1, latest revision.
6. Galvanized finish- All material shall be hot - dipped galvanized in accordance with ASTM -A -153.
after fabrication.
7. Maximum installation torque of 10,000 ft -lbs; minimum ultimate tension strength of 100,000 lbs.
SS5 Helical Anchor (11A" on a side):
1. Helical plate (anchor & extension)- Hot -rolled steel plate, ASTM -A -570, A -572, A -607, A -635 or
equal.
2. Square shaft (anchor & extension)- Hot-rolled, round cornered square steel bar, ASTM A -29.
3. Female coupling fitting(extension)- formed as integral part of the square shaft material.
4. Coupling bolts- AST14-A -320 Grade U.
5. Welding - All welding shall be in- accordance with AWS D1.1, latest revision.
6. Galvanized finish - All material shall be hot - dipped galvanized in accordance with ASTM -A -153.
after fabrication.
7. Maximum installation torque of 5,000 ft -lbs; minimum ultimate tension strength of 70,000 lbs.
Rock Anchor (11/4" dia Round Shaft) with no helix:
1. Round shaft hot rolled steel plate.
2. Oval eye - drop forged with 1" dia.
3. Threads -12" of 7 UNC threads.
4. Welding- All welding shall be in accordance with AWS D1.1, latest revision.
5. Galvanized finish - All material shall be hot - dipped galvanized in accordance with ASTM -A -153.
after fabrication.
6. Maximum installation torque of 2,300 ft -lbs; minimum ultimate tension strength of 30,000 lbs
All Helix anchors are manufactured by a facility whose quality systems comply with ISO
(International Organization of Standards) 9001 requirements.
�'1997
T
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1981 -
r
RATIFIED ,BILL
CHAPTER 710
SENATE BILL 660
AN ACT AUTHORIZING THE TOWN OF BEAUFORT TO REGULATE NAVIGABLE
WATERS WITHIN ITS BOUNDARIES.
The General Assembly of North Carolina enacts:
Section 1. The Town of Beaufort is empowered to make,
adopt and enforce ordinances for the navigable waters within its
municipal limits as they presently exist and as the municipal
limits nay be extended by lay in the futdre,`as to:
(1) operation of boats and.- vessels, including
restrictions concerning speed zone, no -wake zones, and types of
activities conducted on the navigable waters within the municipal
limits of the Town of Beaufort;
(2) to restrict the anchoring of boats and vessels as
to location and generally to regulate the anchoring of vessels
within its navigable waters;
(3) to place and maintain channel aids and markers,
anchoring aids and markers, and navigational aids and markers in
conformity with the Uniform State Marking System as adopted for
use on the waters of North Carolina pursuant- to: G. S. 75A- 15(c);
(4) to make all reasonable rules and `regulations as it
deems necessary for the safe and proper.. use - of the navigable
waters within the municipal limits of the Town of Beaufort for
the occupants of boats and vessels, swimmers, fishermen, and
others using said waters;
f\
1
(5) to provide for enforcement of ordinances adopted by
the Tovn of Beaufort under this act in accordance With G.S. 160x-
175.
Sec. 2. In case any rules or regulations of the North
Carolina Wildlife Commission, the U. S. Coast Guard, or the U. S.
army Corps of Engineers shall expressly conflict With ordinances
adopted by the town under the authority of this act, then the
State or federal rule or regulation shall prevail over the town
ordinance to the extent of the conflict.
Sec. 3. The Town of Beaufort may appropriate funds to
carry out the power and authority granted by this act.
Sec. 4. Law officers of the Beaufort. Police Department
shall have the authority to enforce the ordinances adopted by the
Town of Beaufort pursuant to this act. The Town of Beaufort is
further authorized to appoint one or more special or auxiliary
officers who shall have the authority to enforce the ordinances
adopted by the Town of Beaufort pursuant to this act. Those
special or auxiliary officers appointed by the Town of Beaufort
shall take the oath required for regular police officers, and
shall be entitled to all powers, privileges and immunities
afforded by law to regularly employed law enforcement officers of
the Town of Beaufort including benefits under the workers'
compensation act.
Sec. 5. If any part or parts of this act shall be held
to be unconstitutional, such unconstitutionality shall not affect
the validity of the remaining parts of this act.
2
Senate Bill 660
.
Sec. 6. This act is effective upon ratification.
In the General lssembly read three times and ratified,
this the 26th day of June, 1981.
a
JAMES C. GREEN
Janes 'C. Green
President of the Senate
LISTON B.. RAA4SEY
Liston B. Ramsey
Speaker of the House of Representatives
Senate Bill 660
3
a
v ;
§ 5-32 WFAUM, RT TOWN CODE
Sec. 5.32. Commercial fishing activities.
The provisions of this article shall not prohibit the use of the vehicles described and
specified in section 5-31 and within the areas specified in section 5 -31 by commercial fishermen
for commercial fishing. activities. In order for a commercial fisherman to lawfully use the
specified vehicles within the designated areas, as described in section 5 -31, the commercial
fisherman must possess a duly issued and valid North Carolina commercial fishing license
issued by the appropriate state and/or federal agency, and the commercial fisherman must be
actually engaged in the business of commercial fishing.
(Ord. of 6 -7-82, § 2)
Sec. 543. Law enforcement, emergency vehicles, etc.
Nothing in this article shall prohibit the use of police, emergency or firefighting equip-
ment by governmental agencies in order to provide law enforcement protection to the areas
described in section 5-31, or in order to protect life, limb or property.
(Ord. of 6 -7 -82, § 3)
Sec. 5.34. Penalty.
Violation of this article shall constitute a misdemeanor punishable as provided by section
1 -10 of this Code.
(Ord. of 6 -7 -82, § 4)
Secs. 5.35 -5.50. Reserved.
ARTICLRIII. TAYLOR'S CREEK MOORING
DIVISION 1. GENERALLY
Sec. 5.51. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the contest clearly indicates a different
meaning.
Motorboat means any vessel equipped with propulsion machinery of any type, whether or
not such machinery is the principal source of propulsion.
Owner means a person, other than a lienholder, having title to the vessel. The term
includes the person entitled to the use or possession of the vessel subject to an interest in
another person, reserved or created by agreement in securing payment or performance of an
obligation.
Permitted mooring area means the area within West Taylor's Creek lying south of the
United States Army Corps of Engineers channel in Taylor's Creek and lying south of a
straight line between U.S. Coast Guard day buoys 3 and 5 within Taylor's Creek. The north-
,
234
W
F � {
^
BEACH AND SHORE REGULATIONS § 5 -54
ernmost line of the permitted mooring area within'the west end of Taylor's Creek is to be
marked by buoys and other anchoring aids and markers by the town meeting the requirements
of G.S. 75A- 15(c).
Vessel means motorboats, sailboats and every description of watercraft or structure used
or capable of being used as a means of transportation or habitation on the water. Seaplanes,
surfboards or water skis are specifically excluded.
West Taylor's Creek means that portion of Taylor's Creek bounded on the west by an
imaginary line representing a southern extension of the west line of Moore Street, and on the
east by a line representing an imaginary extension of the centerline of Live Oak Street
extended into Taylor's Creek.
(Ord. of 9- 12 -83, § 1)
Cross reference — Definitions and rules of construction generally, § 1 -2.
Sec. 5.52. Unauthorized moorings.
It shall be unlawful for any person to anchor or moor a vessel within West Taylor's Creek
and north of the permitted mooring area and north of a line connecting United States Coast
Guard day buoys 3 and 5. The anchoring or mooring of vessels to pilings, berths, wharfs or
docks on the north side of West Taylor's Creek with the permission of the owner or person in
charge of the location or for reasons of an emergency nature are not prohibited.
(Ord. of 9- 12 -83, § 2)
' Sec. 5.53. Required registration of vessels.
All owners of vessels moored more than 48 hours within West Taylor's Creek within the
town shall be required to register the vessel within 24 hours thereafter with the town at the
town hall, Pollock Street, or such other agent or official designated by resolution of the board
of commissioners from time to time. It shall be the duty of each owner or person in charge of
such vessel to register the vessel with the town hall and to supply in writing the following
information regarding the vessel:
(1) Name and residence of the owner of the vessel.
(2) Mailing address of the owner if different from the residence.
(3) Name, residence and mailing address of the captain or other person in charge of the
vessel if the owner is not on board vessel.
(4) Name, registration number and home port for the vessel if documented with United
States Coast Guard, or name, registration number and place of registration for vessels
not so documented.
(Ord. of 9- 12 -83, § 3; Ord. of 12- 31 -83, § 1)
Sec. 5.54. Anchorage-fees—Generally.
(a) Every person anchoring or mooring a vessel in the mooring area in West Taylor's
Creek shall be obligated to pay to the town an anchorage or mooring fee
235
IF
r
w
•sw�ww.•�.•..sr.w.+.r.�as:e
§ 5-54 B :SA r JRT TOWN CODE
24 -hour period after the first 14 days anchored or moored within the permitted mooring area.
With regard to calculation of the length of time that a vessel has been moored or anchored
within the permitted mooring area for purposes of calculations of the fees and charges due,
once the vessel has been moored within the permitted mooring area for 14 days and the vessel
then leaves the area, the vessel shall be required to pay the required fee for each 24 -hour
period upon returning thereafter, unless the vessel refrains from mooring within the area
thereafter for a minimum of 30 days.
(b) After a vessel has been anchored or moored within the permitted mooring area for the
14-day period, the owner or person in charge of the vessel, as a condition to the continued
mooring or anchorage of the vessel in the area for each 24 -hour period thereafter, shall be
obligated to pay to the town in advance charges and fees imposed herein for each 24 -hour
period thereafter. Failure to pay the fees and charges shall constitute grounds for the removal
of the vessel from the permitted mooring area once the town has given 48 hours' advance
notice in writing as to the removal of the boat for nonpayment by posting written notice on the
vessel and by attempting to give written notice to the owner or person in charge of the vessel.
Any charges or fees incurred by the town with regard to the towing or removal of the vessel
shall be an obligation of the owner and are recoverable by the town in a civil action against
the owner or person in charge of the vessel.
(c) The mayor, or the town administrator in the absence of the mayor, is authorized to
grant an extension up to seven days after the 14-day free mooring period to owners or persons
in charge of vessels who have registered with the town in cases or circumstances constituting
hardship to the owner or person in charge of the vessel due to mechanical breakdowns, sick-
ness, illness or similar circumstances. Any such application for an extension of up to seven
days beyond the 14-day free mooring period shall be in writing and submitted to the mayor or
town administrator in the absence of the mayor. Any decision as to a requested extension by
the mayor or town administrator shall be in writing and available for public inspection.
Additionally, a copy of such extension shall be on board the vessel at all times thereafter.
(Ord. of 9- 12-83, § 4; Ord. of 12- 31 -83, § 2)
Sec. 5.55. Same — Payment on monthly basis.
(a) Those owners of vessels who are either permanent and fulltime residents of the town
or permanent and fulltime taxpayer /residents within the town, shall be entitled to submit in
writing an application for monthly .mooring privileges to the board of commissioners in such
format and containing such information as may be required by the board. If approved by the
board of commissioners, the owner of the vessel shall be entitled to moor within the permitted
mooring area by paying mooring and anchorage charges to the town on a monthly basis.
(b) The board of commissioners shall have the right to revoke or terminate any mooring
privileges on a monthly basis by giving written notice to the owner seven days in advance of
the end of the current month for which the notice is given to the owner's address as shown on
the owner's application to the board of commissioners.
(Ord. of 12- 31 -83, § 5)
236
i.
C
C
,.
BEACH AND SHORE REGULATIONS § 5 -76
Sec. 5.56. Discharge of litter, garbage, pollutants.
It shall be unlawful for any person to place, throw, deposit or discharge or cause to be
placed, thrown, deposited or discharged into waters of Taylor's Creek raw sewage, litter,
bottles, cans, papers or other liquid or solid waste or refuse which render the waters unsightly,
noxious or otherwise unwholesome so as to be detrimental to the public health or welfare or
to the enjoyment and safety of the water for recreational purposes.
(Ord. of 9- 12 -83, § 5)
Cross reference —Solid waste management, ch. 15.
State law reference — Similar provisions, G.S. 75A- 10(c).
Sec. 5.57. Placement of buoys, markers; communication of regulations, costs, etc.
The town shall mark the permitted mooring area with buoys or other markers in confor-
mity with the uniform state marking system pursuant to G.S. 75A-15(c). Additionally, the
town shall disseminate through the news media, pamphlets, magazine publications and other
methods of communication the requirements of this article and the fees and other costs asso-
ciated herewith. The town is authorized to appoint one or more persons as its agent for the
purpose of collecting fees and charges imposed in this article.
(Ord. of 9- 12 -83, § 6)
Sec. 5-58. Violations.
(a) Any person violating the terms and conditions of this article shall be guilty of a
misdemeanor punishable as provided by section 1 -10 of this Code. Violation of section 5 -54
with regard to nonpayment of anchorage or mooring fees shall subject the offender to a civil
penalty in the amount of $10.00 due and payable to the town in addition to any fees or charges
due under section 5-54. The civil penalty and charges and fees due the town may be recovered
by the town in a civil action in the nature of debt if the violator does not pay the penalty and
all fees and charges within a period of 24 hours after the offender has been cited for violation
of this article.
(b) Additionally, this article may be enforced by an appropriate equitable remedy issuing
from the county general court of justice pursuant to G.S. 160A- 175(d). The town shall have the
authority to enforce this article by injunction or order of abatement. The town shall have all
of those rights and remedies for enforcement of this article as specified in G.S. 160A- 175(d).
Each day's continuing violation of the terms and conditions of this article shall be a separate
and distinct offense.
(Ord. of 9- 12-83, § 7)
Secs. 5.59 -5.75. Reserved.
DIVISION 2. TAYLOR'S CREEK NO -WAKE ZONE
Sec. 5-76. Enforcement; placement of markers.
The no -wake regulations for all of Taylor's Creek within the town's jurisdiction, as adopted
by the state wildlife resource commission on January 29, 1979, shall be enforced for all of
• (� �`(�, r- is 's: -' `;
237
�ui � J �� ,'� s• ,
s: `�