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HomeMy WebLinkAboutLand Use Plan Update Public Participation Plan-20081 r r r i r APPENDICES 1-5 1 Appendix 1— Public Participation Plan 1 Appendix 2 — Vision Statement/Goal Workshops Report r Appendix 3 -- Citizen Involvement Poll (CIP) Report r Appendix 4 -- Review of 2003 LUP Policies 1 Appendix 5 — Pasquotank River Basinwide Report and Portions of the Tar —Pamlico River Basin Report 1 1 1 1 1 1 1 Appendix 1 ' Dare County 2008 LUP Update Public Participation Plan 1 Public participation is an important element of any land use planning document. This document details the various public participation activities that will be ' undertaken during the update process of the Dare County Land Use Plan. Tentative dates are provided however, it is recognized that these dates are subject to change since this Public Participation Plan is one of the first steps ' taken in the update process. The Dare County website site and local government access channel will be used extensively to provide meeting ' notification of public participation activities and progress reports of the LUP update. The Dare County Planning Board will be designated by the Board of ' Commissioners as the steering committee for the update process. The Planning Board has served in this capacity for every land use plan update completed by Dare County. Most of the work on the LUP update will be completed in-house ' by the Dare County Planning Department staff with assistance from the Dare County Information Technology Department. Some consultant services will be utilized during the latter stage of the update process at workshops on the draft policies before a draft version of the update is forwarded to the Dare County Board of Commissioners. rIn order to accommodate the numerous special interest and community groups in Dare County, a Planning staff will maintain a community outreach mailing and email list of community groups that wish to receive notices of all workshops and ' meetings held in conjunction with the update process. There are many community groups in the County that represent a broad range of interests such as environmental groups, civic organizations, economic development groups, ' homeowners associations, and professional organizations. This outreach process will allow the County to facilitate the groups' desire to participate in the update process and receive their input based on their stated objectives and ' interests of their respective organization. A hyperlink on the Dare County webpage for the update process will be available ' which will be used for on-line completion of the Citizen Involvement Poll, for meeting notification, and progress reports on the update. 1 Page 1 Appendix 1 Phase One — Analysis and Review of Current Policies and Issues Citizen Workshops -- A series of citizens input workshops throughout Dare County for property owners and residents will be held in the fall of 2007. The workshops will consist of three 2-hour long sessions with the first hour dedicated to a review of the 2003 LUP policies and their saliency to current conditions. The second hour will focus on the discussion of a vision statement and identification of additional issues and concerns that should be addressed in the 2008 update. Notice of the workshops will be advertised in the local newspapers, posted on the Dare County website and flyers posted at County offices, libraries and other public buildings. One workshop will be held in Buxton for Hatteras Island residents, one workshop will be held in Kill Devil Hills for residents of the northern beaches, and one workshop will be held in Manteo for residents of the Mainland and Roanoke Island. It is anticipated to conduct these workshops in later September or early October. Citizen Involvement Poll (CIP)— An on-line questionnaire will be provided on the Dare County website for completion by property owners, residents and other interested parties. Copies of the CIP will be mailed to all resident and non- resident property owners in the unincorporated areas. To encourage participation of residents and citizens in the incorporated areas of Dare County, the CIP will be offered on the Dare County website for completion. Newspaper ads will be used to notify the public of the opportunity of the on-line CIP completion. Copies of the CIP will also be placed in all County offices and libraries for pick-up and return mail service. A deadline of October 31 for return of the completed CIP will be set. Results of the CIP will be compiled by the Dare County Information technology Department and a report of the results prepared by the Planning Department. These results will be used in combination of other public input activities in the development of the policies and goals for the 2008 LUP. Phase Two — Plan Development Planning Board Work Sessions -- The Planning Board will conduct numerous workshops separate from their regularly scheduled monthly meetings in order to prepare a draft LUP. Results of the phase one public participation activities will be analyzed. A vision statement will be developed as required by the State land use plan guidelines. Demographic information and maps will be created and policies on the CAMA-specified management topics and other local issues will be drafted by the staff and presented to the Planning Board at these workshops. The exact format and duration of these workshops will be determined at a later date. It is anticipated that these workshops will begin in early 2008. Notice of Page 2 , F 7 H Appendix 1 the workshops will be posted on the Dare County webpage and advertised as required by the open meeting law of North Carolina. The workshops will be open to the public however interaction at this stage will be between the Planning Board and Planning Department staff. A rough draft of the plan, including policy statements will be completed at these work sessions. Policy Assessment Workshops -- Upon completion of a rough draft of the LUP update, a second series of public workshops will be conducted at the same locations of the phase one input sessions. The focus of these workshops will be the draft policies and associated maps. Revisions to the policy statements may be necessary as a result of the input at the policy assessment workshops. Similar notification procedures used for the phase one workshops will be used for these workshops. ' Following the policy assessment workshops, final revisions to the draft LUP and policy statements and maps will be made by the Planning Board and staff. Phase Three — Review of Draft Plan CAMA Review — The Division of Coastal Management staff will be involved in the LUP process and provide coordination and review services to ensure consistency with the CAMA land use plan guidelines. The Planning staff will maintain contact with the CAMA staff throughout the LUP update process. Notice of workshops and meetings will be provided to the CAMA staff. Copies of the draft policies and maps will be submitted to the CAMA staff for feedback ' following the policy assessment workshops for their comments as required by the State regulations. Revisions to the document and maps that are necessary as a result of the CAMA review will be discussed with the Planning Board and made as needed. It is anticipated that the CAMA review will occur prior to the ' Planning Board making an official recommendation on the LUP update to the Dare County Board of Commissioners. Planning Board Review — After the development of a draft plan and any revisions that may be necessary as a result of the policy assessment workshops, a recommendation from the Planning Board to the Board of Commissioners is ' required. The Planning Board may chose to conduct a public hearing on the draft plan before a recommendation is made to the Board of Commissioners. However, the Planning Board may decide that a public hearing is not necessary ' depending on the amount of public participation held during the development of the draft LUP. The CAMA guidelines do not require a hearing at the Planning ' Board level but leave this option to the discretion of the local government. Page 3 WNM --Z4. 1 Appendix 1 , Board of Commissioners Review — The draft LUP will be presented to the Board of Commissioners following a recommendation by the Planning Board. This does not constitute official adoption of the LUP which can only occur after a ' formal public hearing is conducted following the procedures set forth in the CAMA land use planning guidelines. A copy of the draft plan, as presented to the Board of Commissioners will be posted on the Dare County website and ' copies available for viewing in the Planning Department offices and the Dare County libraries. Copies of the draft plan will be sent to all local governments in Dare County and for their review and comment. ' The Board of Commissioners may adopt the LUP, upon completion of a Public Hearing. Tentative date: December 2008. ' n I Page 4 Appendix 2 DARE COUNTY LAND USE PLAN PUBLIC PARTICIPATION WORKSHOP RESULTS September 25-27, 2007 "Planning Today, for Dare's Tomorrow" Page 1 Appendix 2 1 Abstract A critical component to any public initiative is the role and input of the affected citizens. The ' current update of the Dare County Land Use Plan seeks to "employ a variety of educational efforts and participation techniques to assure that all socio-economic segments of the community and non-resident property owners have opportunities to participate during plan development" , [15A NCAC 7L .0506 (a)]. The first of these efforts was to conduct public participation workshops with a twofold purpose of educating the public on the intent and scope of the Land Use Plan, as well as the solicitation of public concerns and ideas about the future of Dare ' County. The workshops were conducted during a three day period from September 25-27, 2007. Each ' workshop was held in a separate targeted region of the county (Roanoke Island, Kill Devil Hills, and Hatteras Island), advertised intensively, and conducted during the evening, to generate as much public participation as possible. ' The following results contain those comments received at each workshop and categorized by discussion topics. These comments will be used to complement other research strategies and ' public participation methods that staff will employ to conduct a comprehensive update of the Dare County Land Use Plan. Page 2 I E 1 anal{t. '�i'.. aaslil. Appendix 2 Roanoke Island - September 25, 2007 ' Total Attendance: 9 PlanningSStaff/Facilitators (4): Elmer Midgett, Chairman, Planning Board; Ray Sturza, Planning ' Director; Donna Creef, Senior Planner; Ryan Simons, Planner Commissioners (2): Warren Judge, Chairman; Virginia Tillett Plammniz Board Members (1): John Myers Agency Representatives (1): Cyndy Holda, National Park Service Citizens (2): Cyndy Holda, Robin Mann ' Comments received on Workin-a Waterfronts: - The development of working waterfronts may be a measure to preserve culture, - The commercial fishing industry is a traditional economic catalyst; r- Methods should be developed to avoid the displacement of residents due to the rising value of land; ' Comments received on Public Access: - The county should pursue ways to acquire and improve public sound/ocean access; ' - A balance should be struck between publicly and privately owned waterfront to control sound/ocean access; - "Quality of life" programs for residents should be maintained and improved; - The county and federal agencies should cooperate in efforts to improve public water access on Hatteras Island; - The county and federal agencies should cooperate in efforts to manage off -road vehicle ' access on Hatteras Island; - An emphasis should be placed on free and convenient public water access on Hatteras Island; - Clarification should be provided on the ownership/title status of National Park Service properties on Hatteras Island; - Street end public beach access is not a strong possibility on Hatteras Island; Workforce Housing:: Comments received on - The term "workforce" housing should supplant "affordable" housing in the county's ' lexicon, due to the subjective and nebulous nature of the term "affordable"; - Seek community acceptance of the "workforce" housing concept; ' Comments received on Stormwater Regulations: New stormwater regulations drafted by the Division of Water Quality are viewed negatively; The county should monitor progress of efforts to further regulate stormwater management by the Division of Water Quality; The county should look to acquire erosion -prone lots; Page 3 Appendix 2 - "Tailor-made" stormwater standards may need to be developed, which recognizes the , Y P � g unique features of Dare County, with a focus on managing stormwater without ' prohibiting growth; Comments received on Environmental Topics: ' - "Green" initiatives, such as recycling and alternative energy, should be considered; - Our visitors expect services such as curbside recycling; ' - Wind energy is an emerging technology, with potential costs and benefits; - Look to 2003 Policy #32 on sea -level rise for possible revision; - Off -shore energy exploration, due to rising energy costs, should be considered; - Architectural controls should be implemented to regulate the aesthetics of certain tourist- ' oriented commercial structures, including limitations on outdoor displays of goods; - The presence of "big box" stores with limited regulation, compromises the historical, family -oriented nature of Dare County , Comments received on Wastewater Treatment: - Central wastewater systems may potentially lead to higher density. However, if managed ' correctly, such as targeting the capacity of the facility, growth and density can be controlled; ' - Policies on central wastewater should be reconsidered; - Private wastewater treatment systems may need to be acquired by the county in the event of their failure; Hatteras Island — September 26, 2007 ' Total Attendance: 17 Planning Staff/Facilitators (3): Elmer Midgett, Chairman, Planning Board; Donna Creef, Senior ' Planner; Ryan Simons, Planner Commissioners (0): Planning Board Members (1): Beth Midgett ' Agency Representatives (1): Charlan Owens, NC Division of Coastal Management Citizens (,12): Frank Jacobs, Amberly Dyer, Ricki Shepherd, Carol W. Sanderson, K.P. Lapeya, Sylvia Mattingly, Don Rankin, Jarvis Williams, Danna McDaniel, Bernie Tetreault, Karen Tetreault, John F. Conner, Jr. Comments received on Workforce Housing and Housing in General: ' - Zoning regulations should be "inclusionary" to encourage "workforce" housing; - Some policies inhibit development directly related to establishing "workforce" housing ' ("linkage"); - The integrity of existing wellfields should not be compromised for the sake of establishing "workforce" housing. These wellfields are of greater importance than what ' is suggested in the SED-1 zoning district language; Page 4 Appendix 2 - Potential uses for the now defunct USCG base (zoned NH) need discussion; - Density and minimum lot size requirements for single family, duplex, and multi -family ' development may need adjustment; - Oceanfront rental structures should be distinguished from non -rented houses with separate regulatory requirements; - A regulatory distinction may be made between single family homes and vacation rental accommodations; ' Comments received on Development Standards: ' - The Village of Avon lacks a sense of "place", which may need to be.remedied with revised zoning and density standards; - Development should be directed in a way which emphasizes "nodes", rather than the sprawling nature of "strip" development; - Further develop pedestrian paths as an alternative means for visitors to experience Hatteras Island; - Where inconsistencies exist, land use policies should be reconciled with enforced ordinances; - A corridor management plan would address structural aesthetics along NC Hwy. 12; - Architectural reviews of "big box" structures and "tourist oriented businesses" are means ' to improve structural aesthetics; - Further regulate structural fill material; - The porosity of surfaces (particularly for residential parking) determined for lot coverage ' calculations and stormwater management purposes may need reconsideration; - Residents should be notified of potential zoning changes; ' Comments received on Environmental Topics: - SED-1 setback requirements should be reduced, particularly those affecting the wellfield ' AEC's, and acknowledge that such a change would only affect a limited amount of properties; - Install "flapper valves" to properly maintain Peter's ditch; - Monitor reforestation in Buxton Woods; - Maintain drainage ways including ditches and canals; - Clean and maintain the old dump site on Hatteras Island, as it continues to devolve into ' an eyesore; Comments received on Governmental Cooperation ' - The county should continue to monitor efforts by the Division of Water Quality to increase stormwater regulations, and recognize that if imposed, these regulations could have a dramatic affect on development on Hatteras Island; - Beach driving is a desirable feature of Hatteras Island, and a cooperative effort should be made to properly manage off road vehicle access, rather than their prohibition; - Acknowledge the uniqueness of Dare County, and Hatteras Island in particular, and relay that sentiment to other regulatory agencies; Page 5 1 Appendix 2 - Advocate and monitor efforts to replace the Bonner Bridge, and develop policies to support the replacement strategies endorsed by the Board of Commissioners; - The county should continue to work cooperatively with state regulatory agencies; Comments received on Stormwater Management - Stormwater recharge remains an important environmental issue on Hatteras Island; - Identify local cemeteries as "local areas of concern" when developing the required maps for the LUP update; - Current stormwater management regulations should re reconsidered; - Develop methods to alleviate flooding along the "S" curves on Hatteras Island; Comments received on Other Topics - A legitimate public boat launching area in Rodanthe should be considered, perhaps at the current ferry dock location; - Public access to sound waters should be acquired and improved; - Working waterfronts is a measure to preserve culture; - Recognize emerging wastewater treatment technologies, and consider these advancements when regulating development; - Septic tank maintenance requirements need development and enforcement, particularly as it relates to the degradation of fill material; Kill Devil Hills — September 27, 2007 Total Attendance: 8 Planning Staff/Facilitators (3): Elmer Midgett, Chairman, Planning Board; Donna Creef, Senior Planner; Ryan Simons, Planner Commissioners (0): Planning Board Members (3): John Myers, John Finelli, Cathy Morris Agency Representatives (0): Citizens (2): Johnnie Robbins, John Robbins Comments received on Utility Topics: - Central water service and other public utility expansion needs consideration; - Privately owned central wastewater facilities may pose a threat to public health; - Aesthetic characteristics of wastewater treatment facilities need regulation; - Drip irrigation systems should be disapproved, or consider requiring back-up systems in the event of drip irrigation system failure; - No "pump and haul" septic systems; Comments received on Environmental Topics: - Windmills are a viable alternative residential energy source; Page 6 I F_� Appendix 2 t - There are "cumulative" impacts of growth and development; ' - The phrase "at a rate" should be removed from the Resource Protection vision statement on the handout (this handout was provided at the public meeting); - Superior water quality should be maintained and encourage best management practices ' for lawn maintenance (low impact developments); - Support legal fishing activities, and the NC saltwater fishing license; - There exist many distractions and hazards to drivers along Hwy. 158; ' - Wildlife management policies which address water fowl need consideration; Comments received on Transportation Topics: ' - The regional airport should be improved and/or relocated; Public transportation needs improvement, including the possible consideration of seasonal services to address traffic problems during the peak season; ' - Develop multi -use paths; Monitor dredging activities to ensure they are conducted appropriately, and that navigation channels are maintained; Comments received on Development Standards: ' - The definition of "floating structures" needs clarification, so that it does not inadvertently prohibit piers or conventional vessels; - Maintain bedroom density limits; - The efficacy of where single family and multi family structures are permitted should be reevaluated; - Architectural review standards should be applied to commercial structures, including ' churches and publicly owned buildings; - Stronger regulation of personal water crafts and "jetboats" is needed; - The cumulative impact of individual boat slips, and their consistency with marina developments, needs consideration; - Implement architectural reviews of "big box" structures and "tourist oriented businesses" as a means of improving structural aesthetics; Comments received on Other Topics: I Relay the uniqueness of Dare County to other regulatory agencies; Continue to offer "workforce" housing development incentives; Page 7 Appendix 3 N®r C A R Dy1� 2007 Citizen Involvement Poll Results Report Prepared by the Dare County Planning Department December 2007 Page 1 1 1 1 Appendix 3 2007 Dare County Citizen Involvement Poll In September 2007, the Dare County Board of Commissioners adopted a Public Participation Plan (PPP) in conjunction with the update of the Dare County Land Use Plan. This PPP outlines the various activities and workshops planned to solicit public input for the 2008 Land Use Plan update. Public participation is an important element of the update process and Dare County makes significant efforts to incorporate citizens and property owners into the update process. One of the tools used to garner public input was a Citizen Involvement Poll (CIP) of various questions on land use issues and other local matters. Copies of the CIP were mailed to all resident and non-resident property owners in unincorporated Dare County. A large number of the County's property owners are non-residents but their views and opinions are important to the Board of Commissioners and the CIP provides these non- resident property owners an excellent opportunity to participate in the land use plan update process. A total of 13,448 questionnaires were mailed to property owners. The CIP was also available on the Dare County website for completion. Any citizen or resident of the County who was not a property owner was able to complete the survey on-line. Copies of the CIP were also available for pick-up in the County offices or for mailing if requested. This report details the results of the CIP with a narrative analysis and results tables for each question. A Likert scale ( Strongly Agree, Agree, No Opinion, Disagree, and Strongly Disagree) was the response format for the majority of the questions. Several of the questions offered a different set of responses due to the subject nature of the question. All of the responses were tabulated using a software program provided by the Dare County Information Technology Department. The first section of this report is a narrative analysis of the results. The second section is a series of tables. Each table lists the survey question, how many individuals answered the question, how many skipped the question, the total number of responses as a percentage and a total number count for the response category of Strongly Agree, Agree, No Opinion, Disagree, or Strongly Disagree. A total of agreement or disagreement was calculated by the Planning Department staff with the majority category indicated in boldface text. Each table also provides a breakdown of the responses filtered by resident or non-resident property owner status. Public input from workshops and other public forums will be analyzed with the CIP results and used by the Dare County Planning Board and Planning staff in drafting the 2008 update of the Dare County Land Use Plan. The CIP provides a good foundation of public input. Page 2 Appendix 3 CIP ANALYSIS A total of 2,050 responses to the survey were received by mail or by completion of the CIP on-line. This represents a 15.3% response rate based on the number of surveys that were mailed. Of this total, 1,067 responses (54.3%) were completed by Dare County residents and 885 responses were completed by non- resident property owners. Four demographic questions were included in the opening of the CIP to determine residency status and location of property ownership. Respondents were asked to indicate their area of residence by tax district and where they owned property by tax districts. A complete breakdown of the responses is provided in the tables included with this survey report. The Avon tax district had the highest number of responses (326) with the Manteo outside district (314) and the Colington district (292) ranking second and third respectively. Following the demographic questions, the CIP asked respondents to list what they felt were the most important issues facing Dare County. Table 5 ranks the issues that were mentioned most often in the responses to question 5. Affordable housing and the replacement of the Bonner Bridge tied with the most responses at 172. Question 6 addressed the limitation of estuarine bulkheads by the State of North Carolina. 47.3% of the respondents indicated that Dare County should support efforts by the State to limit the use of estuarine bulkheads while 31.6% expressed disagreement or strong disagreement with the question. Questions 7 and 8 focused on the adequacy of the 30-foot CAMA estuarine buffer and ocean front setbacks. In regards to the 30-foot estuarine setback, a majority (60.2%) indicated they felt this buffer was adequate. Concerning ocean front setbacks, the results are evenly matched with 41.5% indicating agreement and 41.4% indicating disagreement. Regarding the regulation of land clearing on private property, a slight majority of the responses (971 versus 805) felt that land clearing regulations should not adopted by Dare County. Among the resident property owners, 288 indicated strong disagreement with the adoption of local land clearing regulations. Question 10 asked about the adequacy of federal flood elevations for first floor elevations of buildings. Of the 1849 responses to this question, 1202 expressed strong agreement or agreement with the statement and 300 expressed disagreement or strong disagreement. Question 11 posed the need to re-evaluate the 15,000 square feet minimum lot size. The responses were evenly matched with 39.5% of the responses supporting the re-evaluation of minimum lot size standard and 42.2% not supporting any re-evaluation. 18.5% indicated "no opinion" on this question. Question 12 addressed the use of fill material on lots beyond what is required for wastewater improvements and whether this practice should continue to be unregulated by Dare County. A slight majority (53.3% or 1006 responses) disagreed or strongly disagreed with the question. Among resident property owners, 56.7% Page 3 E 1 L7 LI Appendix 3 indicated disagreement or strong disagreement with the question, a figure slightly higher than the combined resident/non-resident responses. Current federal regulations for wetland protection were addressed in question 13. Most respondents, both resident and non-resident, indicated agreement with the adequacy of the current regulations. Of the 1844 answers, 763 were in the agree category combined with 246 answers of strongly agree for a total level of support of 53.6% or 1009 responses. The adequacy of marina development was the focus of question 14. The highest ranking category for this question was "no opinion" with 43.2% which seems to indicate that most respondents did not understand the question or did not feel informed enough about the issue to respond with agreement or disagreement. The ' next question asked whether floating homes/structures should be prohibited. 58.0% or 1102 of the individuals answering the question agreed with the prohibition on floating homes/structures. The continuation of single family homes as the preferred land use in unincorporated Dare County was the issue of question 16. An overwhelming majority (80.9%) expressed support. This strong level of support was shared by both residents and non-resident property owners. Question 17 involved the use of single family homes as boarding houses and whether this use should be evaluated by Dare County. Of the 1882 responses, 943 answered strongly agree or agree, 350 offered no opinion, and 593 answered disagree or strongly disagree. The format of question 18 varied by asking respondents what they felt was the appropriate dwelling density range for multi -family structures Three options were offered —with 72.9% selecting 3-5 units per acre as the preferred range, 19.6% selecting 6-8 units per acre, and 7.7% selecting 10-12 units per acre. These percentages followed the same patterns among the resident property owners and non-resident property owners. Should single family homes that are rented on a short-term basis have different standards for parking, trash pick-up and water rates? The results for question 19 indicated that 46.2% of the respondents did not think rentals should be treated differently. However, when filtered by residency status, the results indicate a 58.2% of residents agreed that rentals should be held to different standards while 60.5% of the non-resident property owners disagreed with the concept of different standards. This is not surprising since the majority of the non-resident property owners use their homes as short-term rentals. Currently Dare County does not regulate parking lot/street vendors. Question 20 asked whether this unregulated state should continue. 53.5% indicated that such uses should continue to be unregulated. 19.2% indicated no opinion. The proliferation of tourist -oriented stores was the focus of question 21 and whether these uses should be studied for possible regulatory standards. A clear consensus of the respondents (70.3% or 1327 answers) felt Page 4 Appendix 3 these uses should be studied. This consensus was evident in both the resident and non-resident answers. Also, the proliferation of tourist -oriented commercial establishments was listed by several respondents as an important issue in question 5. Questions 22 and 23 broached the topic of home occupations and the parking of heavy equipment in residential neighborhoods. Question 22 asked if the current regulation of home occupations is adequate. 51.2% of the total respondents indicated agreement. A large number of respondents (33.5%) indicated no opinion. Regarding the possible prohibition on the parking of dump trucks and heavy equipment in residential neighborhoods, the majority (70.8%) answered that such a prohibition was a good idea. Does there need to bean annual limit on the number of building permits for unincorporated Dare County? Of the 1895 answers, 406 strongly agreed, 574 agreed, 297 offered no opinion, 392 disagreed, and 230 strongly disagreed. Question 25 asked if funding for the enforcement of junked vehicles and unsightly structures should be increased. There was strong support among residents and non-residents for increased funding. 1416 respondents indicated support for a 74.6% majority. The adequacy of sign enforcement in unincorporated Dare County was examined in question 26. 46.4% indicated agreement, 27.8% indicated no opinion, and 25.9% indicated disagreement. The next three questions addressed the use of central wastewater treatment and collection plants, whether Dare County should investigate their construction, and whether they are acceptable alternatives when privately -owned or should only be government owned. Concerning the investigation of construction of central wastewater plants, 62.5% of the total responses offered support for the concept. This support was stronger among the non-resident property owners, perhaps because many of these individuals live in urban areas serviced by central wastewater treatment systems. 50.9% of the respondents to question 28 felt privately - owned central wastewater systems were acceptable. 27.4 % indicated no opinion on this question. Government ownership did not seem to make a difference to the respondents with only 46.3% indicating that central wastewater was more acceptable if owned by a government agency. The status of ownership, public versus private, did not appear to influence support relative to central wastewater facilities. Questions 30 and 31 followed the theme of central wastewater treatment with these two questions asking if lot sizes should be decreased and dwelling densities increased for properties served by a central wastewater system. The status of public ownership versus private ownership was also factored into the questions. In response to publicly -owned wastewater systems, 53.0% or 998 individuals disagreed or strongly disagreed with decreased lot sizes and increased dwelling densities for properties served by central wastewater systems. This percentage increased to 61.8% of disagreement if the central wastewater facility is privately -owned. Page 5 11 u n 0 1 J Appendix 3 The next question inquired about the zoning of Dare County waters to protect traditional uses and activities. A high percentage (72.2%) of the respondents agreed with this concept. This level of support was evident among both resident and non-resident property owners. Should Dare County seek consensus from the State to re-evaluate the strict regulation of the SED-1 zoning district that applies to the Buxton Woods maritime forest? 1869 individuals responded to this question. 911 indicated no opinion, for a total of 48.7%. A total of 353 individuals answered strongly agree or agree and 609 answered disagree or strongly disagree. Most of the respondents to this question were resident property owners. Among the 1008 resident property owners that answered this question 215 selected strongly agree or agree and 328 selected disagree or strongly disagree, the largest number of responses among resident property owners was no opinion with 467 responses. The location of non -maritime related industrial uses on oceanfront and soundfront properties was the topic of question 34. 1229 respondents agreed that non -maritime industries should not be permitted on oceanfront and soundfront sites. This represents a majority opinion of 65.2% of the 1887 individuals that chose to answer this question. This support was similar in both the resident and non-resident responses. Question 35 examined the funding of a full-time stormwater management and ditch maintenance department. There was support for this effort among both residents and non-residents. A total of 65.2% of the answers indicated agreement with this question. Question 36 asked about the re-evaluation of current lot coverage standards. No clear consensus can be determined from the results of this question. 1866 individuals chose to answer the question, with 39.6% choosing strongly agree or agree, 30.3% chose no opinion for their answer, and 30.4% chose disagree or strongly disagree. This same pattern was true for the resident and non-resident responses. No determination of consensus was also the case with question 37 which questioned the adequacy of current State stormwater regulations. The highest number of responses was no opinion at 36.8%, followed by 35.2% responding disagree or strongly disagree and 28.3% indicating strongly agree or agree. The topic of expenditures of occupancy taxes and land transfer taxes on non -tourist related items and infrastructure was examined in question 38. 64.5% of the 1880 responses expressed the need to re-evaluate the allocation of these two taxes. 18.4% disagreed with the need to examine how these taxes are spent. The next two questions concentrated on off -shore exploration of oil and natural gas. The current Dare County policy opposes off -shore exploration of oil and natural gas. Question 39 asked if the County should continue to oppose exploration and question 40 asked if the exploration should be supported in light of recent fuel increases. 55.4% of the 1895 respondents felt the current policy opposing exploration should be continued. Of this 55.4% majority, 39.1% indicated strong agreement. 6.5%of the respondents selected no opinion to the question and 38.4% of the respondents disagreed with the continuation of the current policy. When the Page 6 1 Appendix 3 question was posed relative to high fuel costs, the level of support for continued opposition to exploration decreased to 39.6% of the 1895 respondents. Question 41 addressed a similar topic, alternative means of energy production. There was a strong level of support for encouragement of alternative means in unincorporated Dare County. 77.2% of the 1902 individuals that answered this question felt alternative means of energy production, including personal use windmills, should be supported. The next two questions involved transportation issues. Should Dare County and its municipalities investigate a County -wide public transit system? Only 49.6% indicate such a concept should be investigated. 16.4% offered no opinion to this question. Question 43 asked if current NCDOT funding for transportation improvements in Dare County is adequate. 45.2% of the total answers indicated that the funding is inadequate. There were a large number of no opinions offered for this question, with non-residents selecting this response more often than residents. Question 44 examined whether Dare County should resist efforts by the federal government to further restrict beach driving on federal lands. 65.1% of the respondents indicated Dare County should resist efforts to restrict beach driving. Of this 65.1% majority, 45.6% of the responses were in the strongly agree category. This strong level of agreement was selected by 44.0% of the resident property owners that answered this question and 47.6% of the non-resident property owners that answered this question. This topic was also listed many times as an important issue in question 5 found earlier in the survey. Support for the acquisition of lands for future public projects was addressed in question 45. There was support for additional acquisitions with 62.3% of the answers or 1169 individuals offering support for such efforts. This majority was true for both resident and non-resident property owners. Re -direction of current funding to promote tourism to funding of quality of life issues for Dare County residents was the next question. 68.1 % or 1278 persons agreed with this question. The breakdown of resident versus non-resident resulted in a higher level of agreement (78.1%) of the residents responses compared to 56.1% of non-residents responses. The last 3 questions were of a different format. Question 47 questioned what response to shoreline management the barrier island communities should take: abandon shoreline, beach nourishment, seawalls and groins, or relocate inland. Of the 1678 individuals that chose to answer this question, beach nourishment was chosen as the preferred alternative at 46.5%, followed by abandon shoreline at 25.4%, seawalls and groins at 24.9%, and relocate inland at 17.4%. The pattern of preferred alternatives was the same for both resident and non-resident respondents. Beach nourishment was favored by 35.5% of Dare County residents that responded to this question. Among non-resident property owners, beach nourishment garnered 60.2% of the responses over the other alternatives. Continuing with the shoreline management issue, question 48 presented 5 payment options for shoreline stabilization: occupancy tax, special district taxes, user fees, Page 7 r 1 Appendix 3 ' federal/state funding, or property taxes. Of the 1738 responses, federal/state funding was selected by 57.7% or 1002 persons. The second preferred option was occupancy tax at 36.4%, followed by user fees at 26.6%, special district taxes at 22.1% and property taxes at 12.2%. This same order of preferred options was selected regardless of residency status. In the last question, respondents were presented with 9 options and asked to indicate whether they would support paying higher taxes to fund each option. Only one of these options, acquisition of land for public use gained a majority of the responses (50.1%). Several other options such as stormwater management/ditch maintenance and bicycle path construction had favorable responses in the high 40 percentile range. The option of county mass transit system generated the most opposition among responses with 60.1%. Page 8 Appendix 3 What is your residence status? Res onse Percent Count Resident Property owner 52.9% 1067 Non-resident property owner - - - : 43.9% 885 Resident Renter 1.3% 26 Other 1.9% 39 answered question 2017 skipped question 33 Where do you live? Res onse Tax District Percent Count . Avon 7.3% 88 Buxton 8.8% 106 Colin on 15.6% 187 Duck 0.8% 9 East Lake 0.3% 3 Frisco 8.7% 104 Hatteras 5.6% 67 Kill Devil Hills town 3.7% 44 Kill Devil Hills outside 3.0% 36 Kitty Hawk 2.7% 32 Manns Harbor 2.5% 30 Manteo (town). 1.2% 14 Manteo outside 19.2% 230 Martins Point 3.4% -' 41 ' Mashoes 0.3% 3 Nags Head 3.1 % 37 Rodanthe 1.5% 18 Salvo 2.8% 33 Southern Shores 1.7% 34 Stumpy Point 2.4% 29 Wanchese 5.1% 61 Waves 1.4% . 17 answered question 1199 skipped question 851 Page 9 1 I Appendix 3 Where do you own property? Res onse Tax District Percent Count Avon 16.4% 326 Buxton 8.1% 160 Colin on 14.7% 292 Duck 1.2% 23 East Lake 0.4% 7 Frisco 1 L8% . 234 Hatteras 9.0% 179 Kill Devil Hills town 3.8% 76 Kill Devil Hills (outside) 3.9% 78 Kitty,Hawk 2.9% 58 Manns Harbor 2.4% 48 Manteo town 1.4% 28 Manteo (outside) 15.8% 314 Martins Point 2.5% 49 Mashoes 0.4% 8 Nags Head 3.5% 70 Rodanthe 4.5% 90 Salvo 6.9% 136 Southern Shores 1.7%° 34 Stum Point 1.2% 24 Wanchese 3.8% 75 Waves 2.9% 58 answered question 1984 ski d uestion 66 Status of property Percent Count Permanent residence 54.3% 1058 Weekly rental 23.9% 466 Monthly<rental 7.0%" 136 Business 3.4% 66 Vacant _ . 12.1% 235 Other 17.0% 332 answered question 1949 skipped question 101 Page 10 Appendix 3 What issues do you think are most important to the future of Dare County? Answered question - 1338 Skipped question 1713 Response Number Affordable housin workforce housing 172 Bonner 'Bridge r lacement -- short 17 long 16 172 Wetlandprotection/conservation of natural resources. 77 Property taxes 75 Wastewater/septic issues 73 Beach access/public access 71 Continued beach drivin /ORV use 62 Drinking water/central - general comments 55 Beach nourishment —support 55 Traffic congestion 53 Transportation improvements/infrastructure needs 51 Bike aths/ multi -use paths 46 Growth control/overdevelopment/zoningcontrol/overdevelopment/zoning restrictions 45 Stormwater management 44 Repairs to NC 12 43 Drug and alcohol abuse 39 Commercial development regulations/limitation of tourist -oriented retail stores 39 .Schools 37 Junk vehicles, junk boats, etc 35 Density limitations 32 Use of fill material on property 23 Commercial fishing/fisheries resources 20 Rising insurance rates 19 Controlling government spending 19 Illegal aliens 19 Tourism —importance to local economy 19 Economy growth/ expanded opportunities 18 Large residential homes " 18 No beach nourishment 17 Mid Currituck bridge construction 15 Central water on Roanoke Island (support) 11 Central water on Roanoke Island (oppose) 9- 9— Working Working waterfronts/ ublic access 7 Economic development - not just tourism 5 Prohibited beach drivin ORV use 4 Buxton Woods — revisions for more flexibility - 3 Buxton Woods — no revisions 3 Page 11 L E I F-� 1 Fj n Appendix 3 Efforts by the State of North Carolina to limit the installation of bulkheads should be supported b Dare Coun . Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 20.1% 374 Strongly A ee+ Agree 22.4% 226 17.2% 143 Agree 27.2% 505 47.3% 879 25.5% 257 29.4% 244 No Opinion 21.3% 396 17.1% 172 26.3% 218 Disagree 18.4% 342 Strongly Disagree + Disagree 19.6% 197 16.8% 139 Strongly Disagree 13.2% 246 31.6% 588 15.6% 157 10.6% 88 answered question 1859 1007 830 skipped question 191 86 94 The State 30-foot setback along ditches and canals that interconnect with estuarine water bodies is adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 17.3% 326 Strongly Agree + Agree - 19.4% 196 15.1% 128 Agree 42.9% 807 60.2% 1133 43.5% 439 42.1% 357 No Opinion 19.7% 370 15.0% 151 25.4% 215 Disagree 13.5% 253 Strongly Disagree + Disagree 13.9% 140 12.9% 109 Strongly Disagree 6.9% 129 20.4% 382 8.5% 86 4.8% 41 answered question 1881 1010 848 skipped question,169 83 76 Oceanfront setbacks for construction are adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 9.2% 174 Strongly Agree + Agree 9.3% 94 9.2% 78 Agree 32.3% 608 41.5% 782 29.7% 301 35.5% 301 No Opinion 17.3% 326 15.8% 160 19.1% 162 Disagree 24.6% 463 Strongly Disagree + Disa ee 25.4% 257 23.5% 199 Strongly Disagree 16.8% 316 41.4% 779 20.1% 204 12.9% 109 answered question 1883 1014 867 skipped question 167 79 77 Dare County should adopt regulations to control land clearing and tree removal on your property. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 16.4% 311 Strongly Agree + Agree 15.7% 160 17.4% 148 Agree 26.0% 494 42.4% 805 23.7% 242 29.3% 250 No Opinion 6.6% 125 5.5% 56 8.0% 68 Disagree 27.4% 519 Strongly Disagree + Disa ee 27.2% 278 27.0% 230 Strongly Disagree 23.8% 452 51.2% 971 28.2% 288 18.5% 158 answered question 1897 1022 852 skipped question 153 71 72 Page 12 Appendix 3 Current Federal flood regulations for first -floor elevations of buildings are adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 11.3% 212 Strongly Agee + Agree 12.91/o 130 9.7% " 82 Agree 52.7% 990 64.0% 1202 51.5% 521 53.8% 455 No Opinion 20.3% 381 18.0% 182 22.9% 194 Disagree 11.1% 209 Strongly Disagree+ Disa ee 11.9% 120 10.4% 88 Strongly Disagree 4.8% 191 15.9 300 5.9% 1 60 3.4% 1 29 answered question 1879 1011 846 skipped question 171 82 78 The 15,000 square feet minimum lot size for new subdivision lots should be re-evaluated. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 12.6% 235 Strongly Agree + Agree 14.4% 145 10.6% 89 Agree 26.9% 503 39.5% 738 27.9% 280 25.8% 217 No Opinion 18.5% 345 16.0% 161 21.4% 180 Disagree 28.0% 524 Strongly Disagree + Disa ee 27.8% 279 28.5% 240 Strongly Disagree 14.2% 266 42.2% 790 14.1% 1 142 14.0% 1 118 answered question 1869 1005 842 skipped question 181 88 82 The placement of fill on lots in excess of that required for the installation of wastewater improvements should continue to be unregulated. Totals Resident ; Non-resident Percent Count Percent Count Percent Count Strongly Agree 10.4% 197 Strongly Agree + Agree 12.5% 127 7.9% 67 Agree 22.4% 424 32.8% 621 21.6% 220 23.2% 197 No Opinion 14.1 % 267 9.4% 96 19.7% 167 Disagree 31.5% 595 Strongly Disagree + Disa ee 30.9% 315 32.3% 274 Strongly Disagree 21.8% 1 411 53.3% 1006 25.8% 1 263 17.1% 145 answered question 1890 1019 848 skipped question 160 74 76 Current federal re ulations to protect wetlands are adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 13.1 % 246 Strongly Agree + Agree 13.8% 140 12.4% 105 Agree 40.5% 763 53.6% 1009 38.1% 386 43.4% 368 No Opinion 10.8% 204 9.4% 95 12.5% 106 Disagree 20.1 % 379 Strongly Disagree + Disa ee 20.6% 208 19.4% 165 Strongly Disagree 15.7% 1 296 35.8% 675 18.3% 1 185 12.6% 1 107 answered question 1884 1012 849 skipped question 166 81 75 1 Fj Page 13 u 0 k P Appendix 3 Current State regulations for the development of marinas are adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 7.6% 144 Strong1y Agree + Agree 8.7% 88 6.6% 56 Agree 28.9% 544 36.5% 688 30.6% 311 26.% 226 No Opinion 43.2% 815 36.9% 375 51.0% 431 Disagree 12.6% 238 Strongly Disagree + Disagree 14.0% 142 10.8% 91 Strongly Disagree 7.9% 148 20.5% 386 10.1% 103 5.1% 43 answered question 1885 1017 845 skipped question 165 76 79 Floating homes/structures should be prohibited. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 26.8% 509 Strongly Agree + Agree 24.9% 255 29.2% 249 Agree 31.2% 593 58.0% 1102 28.0% 287 34.6% 295 No Opinion 20.5% 390 _ 21.3% 218 19.7% 168 Disagree 15.3% 290 Strongly Disagree + Disa ee 16.9% 173 13.5% 115 Strongly Disagree 6.4% 122 21.7% 412 9.1% 93 3.3% 1 28 answered question 1900 1024 853 skipped question 150 69 71 Dare County should continue to advocate single family homes as the preferred land use in unincorporated Dare County. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 41.1% 775 Strongly Agee + Agree 39.0% 397 43.5% 369 Agree 39.8% 751 80.9% 1526 39.6% 403 40.3% 342 No Opinion 7.6% 143 7.4% 75 7.5% 64 Disagree 8.4% 159 Strongly Disagree + Disagree 9.7% 99 6.8% 58 Strongly Disagree 3.4% 64 11.8% 223 4.4% 45 2.1% 1 ' 18 answered question 1888 1017 849 skipped question 162 76 75 Dare County should evaluate the use of single family homes as boarding /rooming houses. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree . 16.3% 307 Strongly A ee + Agree 15.3% 155 17.8% 151 Agree 33.8% 636 50.1% 943 35.4% 359 32.1% 272 No Opinion 18.6% 350 17.3% 175 20.0% 169 Disagree 20.7% 390 Strongly Disagree + Disa ee 21.6% 219 19.4% 164 Strongly Disagree 10.8% 203 31.5% 593 10.6% 107 ' 11.0% 93 answered question 1 1882 1013 847 skipped question 1 168 80 77 Page 14 Appendix 3 Multifamily structures should only be permitted at which d Iling densities. Resident Non-resident Percent Count Percent Count Percent Count 3-5 units per acre 72.9% 1324 69.8% 685 76.3% 621 6.8 units per acre 19.6% 356 21.8% 214 17.1% 139 10-12units peracre 7.7% 140 8.6% 84 6.9% 56 answered question 981 981 814 skipped question 112 112 110 Single family homes that are rented on a short-term basis should be considered as commercial activity with different standards for parking, trashpick-u and water rates. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 23.7% 448 Strongly Agree + Agree 32.5% 329 13.3% 113 Agree 21.1% 398 44.8% 846 25.7% 261 15.5% 132 No Opinion 9.3% 175 7.7% 78 11.0% 94 Disagree 24.9% 471 Strongly Disagree + Disa ee 20.6% 209 29.9% 255 Strongly Disagree 21.3% 402 46.2% 873 13.7% 139 30.6% 261 answered question 1890 1014 853 skipped question 160 79 71 Parkin lot/street vendors should continue to be unregulated. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 7.4% 141 Strongly Agree + Agree 9.2% 94 5.3% 45 Agree 25.9% 490 53.3% 631 29.1% 296 21.6% 184 No Opinion 19.2% 363 18.6% 189 20.0% 171 Disagree 34.9% 660 Strongly Disagree + Disa ee 31.9% 324 38.6% 330 Strongly Disagree 12.9% 244 47.80/( 904 11.4% 116 14.8% 1 126 answered question 1894 1017 854 skipped que,stion 156 76 70 The proliferation of tourist -oriented retail stores should be studied for regulatory standards. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 31.6% 596 Strongly Agee + Agree 38.6% 391 23.6% 201 Agree 38.7% 731 70.3% 1327 35.4% 359 42.3% 360 No Opinion 14.0% 265 12.0% 122 16.6% 141 Disagree 10.8% 203 Strongly Disagree + Disa ee 9.3% 94 12.3% 105 Strongly Disagree 5.1% 97 15.9% 300 4.8% 49 5.5% 1 47 answered question 1888 1013 852 skipped question 162 80 72 Page 15 I Appendix 3 Dare County zoning regulations for home offices/home occupations in residential nei hborhoods are adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 9.8% 185 Strongly A ee + Agree 12.0% 121 7.3% 62 Agree 41.4% 779 51.2% 964 47.4% 480 34.0% 287 No Opinion 33.5% 630 23.8% 241 45.6% 385 Disagree 11.2% 210 Strongly Disagree + Disagree 12.1% 122 9.9% 84 Strongly Disagree 4.3% 80 15.5% 290 4.9% 50 3.4% 29 answered question 1880 1012 845 skipped question 170 81 79 Dare County should amend current zoning regulations to prohibit the parking of dump trucks, 18-wheelers and other similar heavy equipment in residential nei hborhoods. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 32.8% 624 Strongly Agee + Agree 30.0% 307 36.1% 309 Agree 38.0% 721 70.8% 1345 35.1% 359 41.6% 356 No Opinion 12.1% 230 12.3% 126 ' l 1.2% 96 Disagree 12.0% 228 Strongly Disagree + Disagree 15.1 % 154 8.5% 73 Stron ly Disagree 5.3% 101 17.3% 329 7.6% 78 2.7% 23 answered question 1900 1022 855 skipped question 150 71 69 An annual limit on the number of residential and commercial building permits should be considered in unincorporated Dare County. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 21.4% 406 Strongly A ee +'Agree 18.3% 186 25.0% 214 Agree 30.3% 574 51.7% 980 28.3% 287 32.9% 282 No Opinion 15.7% 297 15.7% 159- 15.8% 135 Disagree 20.7% 392 Strongly Disagree+ Disagree 22.1% 224 18.9% 166 Strongly Disagree 12.1% 230 32.8% 622 15.9% ' 162 7.6% 65 answered question 1895 1016 856 skipped question 155 77 68 Dare County should increase funding for enforcement activities to address the removal of junked vehicles and unsightly structures. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 33.9% 644 Strongly A ee + Agree 34.5% 353 33.1 % 282 Agree 40.7% 772 74.6% 1416 38.8% 397 42.8% 365 No Opinion 10.5% 200 9.1% 93 12.3% 105 Disagree 10.4% 197 Strongly Disagree + Disagree 11.9% 122 8.8% 75 Strongly Disagree 4.7% 90 15.1% 287 5.9% 60 3.3% 28 answered question 1899 1023 853 skipped question 151 70 71 Page 16 Appendix 3 Current County regulation of signs, including off -premise billboards is adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 6.0% 114 Strongly Agree + Agree 7.2% 73 4.7% 40 Agree 40.4% 763 46.4% 877 44.3% 450 35.7% 303 No Opinion 27.8% 525 22.9% 232 34.0% 289 Disagree 17.5% 331 Strongly Disagree + Disa ee 16.7% 169 18.5% 157 Strongly Disagree 8.4% 1 159 25.9% 490 9.2% 93 7.4% 63 answered question 1889 1015 850 skipped uestion 162 78 74 Dare County should investigate the construction of publicly -owned and operated central wastewater collection and treatment facilities for all areas on unincor orated Dare County. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 20.6% 389 Strongly Agree + Agree 21.5% 218 19.7% 169 Agree 41.9% 792 62.5% 1181 38.7% 392 45.4% 389 No Opinion 17.9% 338 16.1 % ` 163 20.1 % 172 Disagree 12.1% 229 Strongly Disagree + Disagree 13.1% 133 10.7% 92 Strongly Disagree 7.8% 148 19.9% 377 10.7% 1 108 4.3% 37 answered question 1892 1012 857 skipped que,stion 158 81 67 Privately -owned and operated on -site central wastewater collection and treatment plants are acceptable alternatives only when natural soil conditions reclude the use of traditional on -site wastewaters stems. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 8.4% 157 Strongly A ee + Agree 8.4% 85 8.3% 70 Agree 42.5% 797 50.9% 954 42.6% 430 42.7% 360 No Opinion 27.4% 513 24.5% 247 30.8% 260 Disagree 14.5% 271 Strongly Disagree + Disagree 14.8% 149 13.8% 116 Strongly Disagree 7.6% 142 22.1% 413 10.0% 101 4.6% 39 answered question 1876 1010 843 skipped question 174 83 81 Off -site central wastewater treatment and collection systems should be authorized only if owned and operated by a government agency . Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 14.4% 271 Strongly Agee + Agree 15.2% : 154 13.6% 116 Agree 31.8% 603 46.3% 874 31.3% 315 32.9% 281 No Opinion 25.4% 474 23.3% 236 27.3% 233 Disagree 20.7% 391 Strongly Disagree + Disa ee 20.5% 207 20.6% 176 Strongly Disagree 8.2% 154 28.9% 545 10.1% 102 5.9% 50 answered question 1889 1012 854 skipped question 161 81 70 Page 17 n 1 P Appendix 3 Decreased lot sizes/increased dwelling densities should be available for property served by a central wastewater treatment plant that is owned and operated b the local governments. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 6.0% 113 Strongly Agree + Agree 6.7% 68 5.3% 45 Agree 25.1% 472 31.1% 585 26.5% 267 23.6% 201 No Opinion 16.1% 304 14.8% 149 17.6% 150 Disagree 29.9% 563 Strongly Disagree + Disagjee 29.1 % 294 30.7% 261 Strongly Disagree 23.1% 435 53.0% 998 23.1% 233 23.0% 196 answered question 1883 1009 851 skipped question 167 84 73 Decreased lot sizes/increased dwelling densities should be available for property served by a central wastewater treatment plant that is owned and operated b a private company. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 4.6% 86 Strongly A ee + Agree 4.9% 50 4.1 % 35 Agree 16.8% 318 21.4% 404 17.3% 175 16.1% 137 No Opinion 17.1 % 322 16.3% 165 18.1 % 154 Disagree 33.9% 639 Strongly Disagree + Disa ee 33.8% 343 34.0% 289 Strongly Disagree 27.9% 527 61.8% 1166 27.9% 283 28.0% 238 answered question 1888 1014 851 skippedquestion 162 79 73 Dare Coun should zone its surrounding water bodies to protect traditional activities and uses. ` Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 30.1 % 566 ' Strongly Agree + Agree 29.0% 294 31.9% 269 Agree 42.1% 791 72.2% 1357 40.7% 413 43.4% 366 No Opinion 10.1% 189 8.9% 90 11.6% 98 Disagree 11.8% 222 Strongly Disagree + Disa ee 13.6% 138 9.4% 79 Strongly Disagree 6.2% 117 18.0% 339 8.0% 81 4.0%° 34 answered question 1881 1014 844 skipped question 169 79 1 80 Dare County should seek consensus from the State that the strict regulations of the SED-1 zoning district for the Buxton Woods maritime forest should be re-evaluated. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 5.9% 111 Strongly Agree + Agree 7.1 % 72 4.5% 38 Agree 13.0% 242 18.9% 353 14.2% 143 11.3% 95 No Opinion 48.7% 911 46.3% 467 51.6% 432 Disagree 16.5% 308 Strongly Disagree + Disa ree 16.7% 168 16.6% 139 Strongly Disagree 16.1% 301 32.6% 609 15.9% 160 16.2% 1 136 answered question 1869 1008 838 skipped question 181 85 86 Page 18 1 Appendix 3 Non -maritime related industrial uses should not be permitted on oceanfront and soundfront pro erties. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 31.9% 601 Strongly A ee + Agree 30.3% 307 33.7% 286 Agree 33.3% 628 65.2% 1229 31.7% 322 35.1% 298 No Opinion 13.9% 263 14.6% 148 13.2% 112 Disagree 14.6% 276 Strongly Disagree + Disa ee 16.1% 163 13.0% 110 Strongly Disagree 6.5% 123 21.1 % 1 399 7.6% 77 5.3% 1 45 answered question 1887 1015 849 skipped question 163 78 75 Dare County should establish and fund a full-time stormwater manage ent and ditch maintenance department. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 21.2% 402 Strongly A ee + Agree 23.6% 240 18.6% 159 Agree 44.0% 834 65.2% 1236 43.5% 443 44.7% 382 No Opinion 17.1 % 324 14.5% 148 20.3% 173 Disagree 12.8% 242 Strongly Disagree + Disa ee 12.4% 126 13.1% 112 Strongly Disagree 5.1% 1 97 17.9% 339 6.3% 1 64 35% 30 answered question 1895 1019 854 skipped question 155 74 70 Current lot covera a standards for residential and commercial uses should be re-evaluated. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 9.5% 177 Strongly A ee + Agree 11.9% 119 6.8% 57 Agree 30.1% 562 39.6% 739 31.2% 313 29.1% 244 No Opinion 30.3% 565 20.9% 210 41.4% 348 Disagree 22.9% 427 Strongly Disagree + Disa ee 26.9% 270 17.9% 150 Strongly Disagree 7.5% 139 30.4% 566 9.3% 93 5.1% 43 answered question 1866 1003 840 skipped question 184 90 84 Current State regulations to address stormwater runoff are adequate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 5.2% 98 Strongly A ee + Agree 5.9% 60 4.3% 36 Agree 23.1% 432 28.3% 530 26.0% 263 19.5% 164 No Opinion 36.8% . 689 28.9% 292 46.5% 391 Disagree 25.2% 472 Strongly Disagree + Disagree 26.3% 266 23.7% 199 Strongly Disagree 10.0% 187 35.2% 659 13.0% 131 6.3% T 53 answered question 1874 1010 841 skipped question 176 83 83 Page 19 L 7 Ell 1 I 1 Appendix 3 The use of occupancy taxes and land transfer taxes should be re-evaluated to allow expenditures on non -tourist related items and infrastructure improvements. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 20.6% 387 Strongly A ee + Agree 29.0% 295 10.5% 88 Agree 43.9% 825 64.5% 1212 44.5% 453 42.8% 360 No Opinion ` 17.3% 325 12.0% 122 24.0% 202 Disagree 12.0% 226 Strongly Disagree + Disagree 9.3% 95 15.3% 129 Strongly Disagree 6.4% 1 121 18.4% 347 5.3% 1 54 7.6% 64 answered question 1880 1017 841 skipped question 170 76 83 Dare County should continue to oppose off -shore exploration for oil and natural gas off the NC coast. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 39.1% 741 Strongly Agree + Agree 39.3% 401 38.9% 332 Agree 16.3% 309 55.4% 1050 14.5% 148 18.6% 159 No Opinion 6.5% 123 5.5% 56 7.5% 64 Disagree 20.3% 384 Strongly Disagree + Disagree 21.3% 217 19.1% 163 Strongly Disagree 18.1% 342 38.4% 726 19.6% 200 16.1% 137 answered question 1895 1020 853 skipped question 155 73 71 Off -shore exploration for oil and natural gas off the NC coast should be supported in response to increased fuel costs in the US. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 18.4% 349 Strongly Agree + Agree 20.6% 210 15.7% 134 Agree 21.2% 402 39.6% 751 22.2% 226 20.2% 173 No Opinion 7.9% 150 7.6% 77 8.1 % 69 Disagree 21.0% 398 Strongly Disagree + Disagree 18.9% 193 23.7% 203 Strongly Disagree 31.7% 600 28.9% 998 30.9% 315 32.5% 278 answered question 1895 1019 855 skipped question 155 74 69 Alternative means of energy production, including personal use windmills, should be encouraged in unincorporated Dare County. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree , 37.1% 706 Strongly Agree + Agree 41.3% 421 32.6% 280 Agree 40.1% 762 77.2% 1468 38.1% 389 42.4% 364 No Opinion 10.8% 206 10.7% 109 10.9% 94 Disagree 7.8% 149 Strongly Disagree + Disagree 6.2% 63 9.8% 84 Strongly Disagree 4.4% 83 11.9% 232 3.9% 40 4.5% 39 answered question 1902 1020 859 skipped question 148 73 65 Page 20 Appendix 3 Dare County and its municipalities should investi ate a County -wide public transits stem. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 16.8% 318 Strongly Agree + Agree 22.8% 232 9.9% 84 Agree 32.8% 620 49.6% 938 36.3% 369 28.7% 243 No Opinion 16.4% 309 12.0% 122 21.8% 185 Disagree 21.8% 411 Strongly Disagree + Disa ee 18.9% 192 25.5% 216 Strongly Disagree 12.4% 234 34.2% 645 10.3% 105 14.4% 122 answered question 1888 1018 848 skipped question 162 75 76 Current State/NCDOT transportation fundin of road improvements in Dare County is ade uate. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 3.8% 71 ee Strongly A + Agree 3.9% 39 3.8% 32 Agree 24.7% 465 28.5% 336 26.6% 269 22.6% 191 No Opinion 26.5% 499 21.7%. 219 32.2% 273 Disagree 27.7% 521 Strongly Disagree + Disa ee 28.2% 285 27.0% 229 Strongly Disagree 17.5% 328 45.20/(o 849 19.8% 200 14.6% 1 124 answered question 1880 1010 847 skipped question 170 83 77 Dare County should resist efforts by the Federal government to further restrict beach drivingon Federal lands. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 45.6% 867 ee Strongly A + Agree - 44.0% 447 47.6% 411. Agree 19.5% 371 65.1% 1238 19.8% 201 19.2% 166 No Opinion 6.8% 129 7.3% 74 6.0% 52 Disagree 13.8% 262 Strongly Disagree + Disaglee 14.4% 146 13.1% 113 Strongly Disagree 14.6% 278 28.4% 540 14.9% 151 14.3% 1 123 answered question 1903 1017 863 skipped question 147 76 61 Acquisition of additional lands for future public projects should be sup orted. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 20.0% 376 Strongly A + Agree 18.8% 190 21.5% 181 Agree 42.3% 793 62.3%ee 1169 41.8% 422 42.8% 361 No Opinion 17.7% 332 16.6% 168 19.0% ` 160 Disagree 12.4% 232 Strongly Disagree+ Disa ee 13.5% 136 11.1% 94 Strongly Disagree 7.9% 148 20.3% 380 9.5% 96 5.9% 50 answered question 1877 1010 844 skipped question 173 83 80 Page 21 u I 7 C Appendix 3 Current funding used to promote tourism should be re-evaluated for spending on quality of life issues for Dare County residents. Totals Resident Non-resident Percent Count Percent Count Percent Count Strongly Agree 30.1 % 565 Strongly A ee + Agree 41.4% 419 16.5% 139 Agree 38.0% 713 68.1% 1278 36.7% 371 39.6% 334 No Opinion 13.6% 255 8.4% 85 20.1% 169 Disagree 13.3% 250 Strongly Disagree + Disagree 10.0% 101 17.3% 146 Strongly Disagree 5.2% 98 18.5% 348 3.8% 38 6.8% 57 answered question 1877 1012 843 skipped question 173 81 81 The barrier island communities of Dare County should implement which of the following: Resident Non-resident Percent Count Percent Count Percent Count Abandon Shoreline 25.4% 426 30.3% 273 19.2% 145 Beach nourishment 46.5% 780 35.5% 320 60.2% 456 Seawalls, groins, hardened structures 24.9% 418 26.2% 236 23.4% 177 Relocate inland 17.4% 292 20.0% 180 14.3% 108 Answered question 1678 901 757 Skipped question 372 192 167 Which of the followin2 o tions should be used to fund shoreline stabilization: Resident Non-resident Percent Count Percent Count Percent Count Occupancy tax 36.4%. 633 42.5% 388 30.1% 243 Special district taxes 22.1% 384 27.3% 249 16.5% 133 User fees 26.6% 463 25.9% 236 27.0% 218 Federal/State funding 57.7% 1002 49.9% 455 67.0% 541 Property taxes 12.2% ` 212 9.5% 87 15% 125 1738 912 808 312 181 116 Page 22 Appendix 3 I would support higher taxes to fund: Response Resident Non-resident Yes No No Yes No No Yes No No Opinion Opinion Opinion Stormwater management/ditch 46.2% 41.5% 12.3% 45.3% 44.6% 10.2% 47.3% 38.0% 14.7% maintenance 858 770 228 449 442 101 398 320 842 Bicycle/multi-use paths 49.4% 43.1% 7.6% 50.3% 42.6% 7.1% 48.3% 43.6% 8.1% 926 808 142 508 430 72 408 368 68 Acquisition of land for public 50.1% 41.8% 8.1% 47.8% 43.7% 8.5% 52.7% 39.5% 7.8% use and recreation 934 780 152 479 438 85 444 333 66 Removal of junked 46.8% 46.5% 6.7% 44.5% 49.4% 6.0% 49.1% 43.3% 7.6% vehicles/unsightly structures 872 865 125 444 493 60 414 365 64 County mass transit system 29.6% 60.1% 10.3% 36.0% 54.9% 9.1% 22.1% 66.1% 11.8% 551 1118 192 359 539 91 186 556 99 Road improvements to 36.7% 49.9% 13.4% 33.9% 54.2% 12.0% 40.4% 44.4% 15.2% accelerate NCDOT projects 679 924 248 337 539 119 337 371 127 Curbside recycling pick-up : 43.4% 49.3% 7.3% 42.6% 51.4% 6.0% 44.7% 46.4% 8.9% 811 920 136 426 515 60 377 392 75 Shoreline access improvements 44.9% 44.7% 10.4% 42.9% 47.8% 9.3% 47.4% 40.8% 11.8% 840 835 194 431 480 93 400 344 100 Community centers 32.3% 54.7% 13.0% 37.2% 52.8% 10.0% 27.0% 56.5% 16.5% 602 1019 242 372 528 100 227 476 139 Page 23 M M M M M M M Appendix 4 ANALYSIS OF 2003 LUP POLICIES AND IMPLEMENTATION STRATEGIES Natural Resources WETLANDS Policy Implementation Strategies Response Policy #1 Dare County advocates the use of existing (2002) State and Federal regulatory programs for protecting and preserving coastal wetland areas of environmental of concern. Dare County reserves the right to review, comment, advocate, or oppose any proposed regulations or programs that may affect the regulation of coastal wetland areas of environmental concern. 1. Implementation and enforcement of CAMA use Policy #2 Dare County supports the use of mitigation for the loss standards for coastal wetland AECs as identified under FULLY IMPLEMENTED, the county maintains a of wetland areas for public purpose projects. Private 15NCAC7H, Sections .0205 and.0208. 2. The County will continue to administer the CAMA full-time permit officer who continues to implement development projects that proposed wetland mitigation local permit enforcement program and maintain the staff CAMA use standards for coastal wetland AECs and may be supported by Dare County if such projects will necessary for this work. enforces wetland management permit programs. The have been in serve an identified public need and/or policy of the land 3. As may be necessary to facilitate implementation of current policies effective use plan. For booth public and private mitigation permit programs for wetland management. protecting these natural systems. projects, up to 25 /o of the mitigation should take place on site or in Dare County. Policy #3 Dare County supports the U.S. Army Corps of Engineers nationwide permit program as administered in 2002. This support is based on the current scope of permitting limits on the nationwide program and not on any changes that may result in a different policy. Page 1 Appendix 4 OCEAN SHORELINE FULLY IMPLEMENTED, the county maintains a Policy #4 1. Implementation and enforcement of the CAMA use full-time permit officer who continues to implement Oceanfront shoreline development should continue to standards for ocean hazard areas as contained in CAMA use standards for ocean hazard areas. The be managed to protect and preserve the natural and 15NCAC7H, Sections .0306 through .0310. county continues to enforce the National Flood recreational resources along the oceanfront. Dare 2. Implementation and enforcement of the National Insurance Program's base flood elevation standards, County reserves the right to review, comment, Flood Insurance Program's base flood elevation including the adoption of the September, 2006 advocate, or oppose any proposed regulations or standards, including the standards for those areas where update of the Flood Insurance Rate Maps. These programs that may affect the regulation of ocean wind driven waves create potential for damage by maps ensure that standards applying to V-zones can hazards areas of environmental concern. velocity also known as V-zones. be properly enforced. The application of thesepolicies have been effective in protecting and preserving the natural and recreational resources along the oceanfront. Page 2 M i M ' M M M M M M M M a M M M M M M Appendix 4 ESTUARINE SHORELINE WATERS Policy #5 Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this is the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program. Dare County reserves the right to review, comment, advocate, or oppose any proposed regulations or programs that may affect the regulation of estuarine waters and/or the estuarine shoreline. 1. Implementation and enforcement of the CAMA use standards for estuarine shoreline AECs as stated in 15NCAC7H, Section .0209 FULLY IMPLEMENTED, the county maintains a full-time permit officer who continues to implement Policy #6 Dare County supports the installation and maintenance 2. Refer property owners to the Elizabeth City regional CAMA use standards for estuarine shoreline AECs. of estuarine bulkheads. Offshore breakwaters, slopes, office for assistance with bulkhead permits. The permit officer refers applicants to the Elizabeth rip -rap, and voluntary setbacks in excess of CAMA 30- 3. Oppose efforts to eliminate or prioritize the use of City regional office for assistance in securing foot buffer rules should be promoted as additional estuarine bulkheads. bulkhead permits when necessary. These measures methods for estuarine shoreline management in lieu of have effectively protected against shoreline erosion. estuarine bulkheads along estuarine shorelines where these less invasive techniques would be equally effective in abating a shoreline erosion problem Policy #7 Development of estuarine systems islands that are only accessible by boat shall be carefully managed. Low intensity uses such as open space, recreation, and detached single family residential development shall be the preferred uses of these islands. Page 3 Appendix 4 PUBLIC TRUST AREAS Policy #8 Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters. 1. Implementation and enforcement of the CAMA use standards for public trust areas AECs as stated in 15A Policy#9 NCAC 07H, Section .0207. Dare County advocates a local level management 2. Consideration of Dare County management standards program to address the competition among recreational for the use of public trust waters by various competing users of the public trust waters. Dare County reserves recreation users. the right to review, comment, advocate, or oppose any proposed Federal or State regulations or programs that affect the public trust waters or public trust areas. Policy #10 Development in any public water supply AEC should be managed to protect the long-term viability of the groundwater resources. PUBLIC WATER SUPPLY AEC'S 1. Continued support for the CAMA use standards for public water supply wellfield AECs as contained in 15NCAC7H, Section .0406. 2. Dare County will continue to implement and enforce the provisions of the SED-1 zoning ordinance for the Buxton Woods maritime forest. 3. Nomination of Skyco public wellfields for designation by the Division of Coastal Management as a Public water Supply Area of Environmental Concern. Page 4 FULLY IMPLEMENTED, the county maintains a full-time permit officer who continues to implement CAMA use standards for public trust area AECs. The county continues to monitor the use of public trust waterss by various competing recreation interests, and has taken measures to restrict certain uses through vehicles such as conditional use permits. The current policies have been effective in preserving and protecting the public's right to access and use public trust areas. FULLY IMPLEMENTED. The county maintains a full-time permit officer who continues to implement CAMA use standards for public water supply AECs. The status of the Skyco public well fields as an AEC continues to be monitored. While the policies have been effective in protecting groundwater resources, the efficacy of the SED-1 zoning district may need to be reevaluated during the next review of the LUP, due to a number of requests to amend the district. M M = = M M M M = M = M Appendix 4 GROUNDWATER RESOURCES 1. To continue efforts to make a central water supply PARTIALLY IMPLEMENTED. The county has available to all areas of unincorporated Dare County. Proceeded in extending central water service so Coordinate with Water Department (multiple years, several areas of the county successfully. However, Policy #11 Stumpy Point 2003) efforts to do so in Wanchese has recently been met Dare County recognizes groundwater resources as an 2. Review any proposals by private sector withdrawals with some resistance from the public. Development essential element for the County's drinking water greater than withdrawals for individual residential Proposals which which seek to withdraw from the supply. The management of groundwater resources private wells. public water supply continue to be reviewed and their protection is a priority issue in Dare County. 3. Dare County will consider a permitting program for critically by county officials. These measures have private wells used as a drinking water supply (2004) Proven effective at protecting and preserving local 4. Contract with independent planning consultant to groundwater resources. A Carrying Capacity Study update Carrying Capacity Study for Dare County. (2004) has yet to be implemented by Dare County, however, the prospect of administering such a study is still a matter of consideration. SURFACE WATER OUALITY Policy #12 Dare County supports efforts by local, state, and federal agencies to preserve, protect and improve water quality. These efforts include the designation of Outstanding 1. Continue local water quality monitoring program. FULLY IMPLEMENTED. The Dare County Resource Waters and shellfish water classification 2. Support State legislation for basin -wide water quality Department of Environmental Health maintains a criteria established by the State of North Carolina. regulations, as exemplified by HB 1858 introduced in rigorous surface water quality monitoring program. the NC House in 2000, which proposed that counties The Health Department also advocates for basin - Policy # 13 upstream from the coastal area develop and implement wide water quality regulations. These policies have Dare County encourages the management of surface water quality management plans. been effective in maintaining the pristine quality of water quality on basin -wide approach recognizing the Dare County's surface waters and shellfish habitat. importance of water quality in other inland regions influence and impact the water quality of the coastal regions. Page 5 Appendix 4 SHORELINE ACCESS FULLY IMPLEMENTED. The county continues to Policy #14 1. Continue to evaluate opportunities for additional evaluate opportunities for additional access facilities Dare County supports North Carolina's shoreline access facilities and grant funding programs to provide and grant funding programs to provide for their access policies as stated in 15A NCAC 7M, Section money for their construction. construction on a case by case basis. The county .0303. Dare County recognizes shoreline access to both 2. Continue to pursue federal Shoreline Protection Plan maintains a full time Shoreline Manager whose ocean and estuarine shorelines as a key component in for beach nourishment to provide sandy beaches and responsibility includes the monitoring of federal the local tourist economy. public ownership. Shoreline Protection Plans and beach nourishment activities. These measures have been effective at properly managing and promoting shoreline access. CHANNEL MAINTENANCE Policy #15 Dare County advocates the maintenance of all existing navigable channels and will FULLY IMPLEMENTED, the Oregon Inlet and work to secure permit authorization for those non- Waterways Commission and staff continue to be the federal projects that require CAMA permit 1. Continued funding for Oregon Inlet and Waterways Primary advocates and monitors of the conditions authorization. Commission and staff to provide support for the on- and issues regarding navigable waterways in Dare going efforts to secure jetty permit authorization. County. The Commission and staff have been Policy #16 effective in their role, particularly with regards to Dare County advocates and supports the permit Oregon Inlet and the fishing industry in Dare authorization and federal funding necessary to County. construct jetties to stabilize Oregon Inlet. Page 6 M = = = = M M = = = = M = ! M M M Appendix 4 BEACH NOURISHMENT 1. Continue to serve as the non-federal sponsor of the FULLY IMPLEMENTED. The county maintains a Dare Beaches Hurricane Protection Plan. full-time Shoreline Manager whose responsibilities Policy #17 2. Use the Dare County Beach Nourishment Committee include monitoring beach nourishment strategies. Beach nourishment is the preferred shoreline to advise the County Commissioners on policy issues Other measures related to ocean shoreline management alternative along the ocean beaches of related ocean shoreline management. management, well as the preservation and Dare County. 3. Coordinate with NCDOT and the appropriate federal maintenance off NC 12 continue to be considered on agencies on matters relating to shoreline movement and a case by case basis. These efforts have been its impacts on NC 12. effective at balancing the environmental and economic implications of beach nourishment strategies. 1JL V LLUY1V1LIN 1 1MJrAL,1 J UN KLJUUKI LJ FULLY IMPLEMENTED. While no codified Policy #18 vegetation protection standards have yet been Development projects shall be designed and constructed implemented, the issue remains a topic of to minimize detrimental impacts on surface water 1. Consider tree removal and vegetation protection consideration for the county. Developers are quality, groundwater quality and air quality. standards for commercial sites. encouraged to preserve topographic and vegetative Structures should be designed to fit the natural 2. Encourage property owners to design residential sites conditions, and in some cases, required to install topographic conditions and vegetation versus limit impacts on the natural topography and vegetation. certain vegetative features (e.g., buffers) as a modifications to natural conditions to accommodate condition of approval for development. These structures. strategies have been effective at limiting adverse impacts to the natural terrain and vegetation Dare MINERAL 1. Enforcement of dune standards contained in Dare FULLY IMPLEMENTED. The county continues to Policy #19 County Zoning Ordinance enforce standards to protect shorline dune systems. Dare County advocates local level management of those Borrow pit and sand mining activities are monitored 2. Dare County will evaluate the need for local level mining activities that are not subject to permit for compliance with State standards, while local regulations to address mining activities that are exempt authorization by the State of North Carolina. from State -level permitting. (2004) level regulations remain an issue for consideration. These efforts have effectively regulated sand mining activities, and limited degradation of dune systems Page 7 Policy #20 The continued productivity of commercial and recreational fisheries shall be fostered through restoration and protection of the unique coastal ecosystems upon which they depend. Policy #21 Dare County supports measures to protect and preserve designated primary nursery areas. Dare County also recognizes the importance of all areas in our surrounding waters that serve as habitats for the area's abundant fisheries resources. Policy #22 State and federal agencies with the authority to manage fisheries resources should be the responsible parties for the resolution of conflicts involving fisheries resources in Dare County. However, Dare County reserves the right to review, comment, advocate, or oppose any proposed regulations or programs that may affect the fisheries resources or management. Policy #23 Dare County supports the development of the aquaculture industry as a source of fishery production as long as the proposed fishery or fish species does not negatively impact native or indigenous fish species. Policy #24 Dare County recognizes the traditional practices of commercial fishing in Dare County and supports the use of traditional shellfish and other fish harvesting methods including trawling. Appendix 4 FISHERIES RESOURCES 1. Support efforts for basin -wide water quality regulations. As such programs are developed, Dare County will become engaged in the process using resolutions and other techniques to demonstrate our support of basin wide water quality efforts. 2. Continued implementation of CAMA 30-foot buffer rules, CAMA AEC regulations, and other local zoning setbacks. Page 8 FULLY IMPLEMENTED. The county maintains a full-time permit officer who continues to enforce the CAMA 30-foot buffer and AEC regulations. Local zoning setbacks are strictly enforced during the building permit review process. The county advocates the development of "working waterfronts" in an effort to promote responsible and sustainable use of sensitive estuarine shorelines, while contributing to the preservation of certain historically -significant maritime industries. These efforts have been substantially effective at preserving fisheries resources and fishing activities. i = M = = = = = M = = = = i = M M M Appendix 4 MARITIME FORESTS FULLY IMPLEMENTED. Despite various efforts to amend or repeal measures of the SED-1 zoning district, most components of the district have 1. Continued enforcement ofSED-1 zoning district. remained fully enforced. However, the S-1 district Policy #25 2. Support of funding sources, like the Clean Water has been amended to allow mobile homes, in an Dare County advocates a combination of limited Trust Fund, for acquisition of lands in Buxton Woods effort to promote affordable housing options. Dare development guided by the local SED-1 zoning and other maritime forest settings. County continues to advocate funding for the ordinance and a program of public acquisition to 3. Consideration of other measures on vegetation preservation of maritime forests. While no manage the Buxton Woods maritime forest. protection incentives for the maritime forest areas on vegetation protection standards have yet beenimplemented, Colington and Roanoke Island. the issue remains a topic of consideration for the county. The county currently encourages vegetation protection measures to be included in subdivision covenants. These strategies have been effective at preserving maritime forests and other vegetative features throughout the county. COMMF.RCiA1: FORF.STRV Policy #26 Commercial forestry activities shall be supported by Dare County, so long as activities are done in accordance with the standards and recommendations of No strategy necessary at this time due to minimal Commercial forestry activities continue to play a the U.S. Forest Service. The County also advocates the amount of commercial forestry activities in Dare County minimal role in the commerce of Dare County. voluntary participation in the State of North Carolina's best management practice program for forestry management. Page 9 Appendix 4 PRODUCTIVE AGRICULTURAL LANDS Policy #27 Dare County supports the use of certain portions of the Mainland area for crop agriculture. The County also FULLY IMPLEMENTED. While no new or advocates voluntary participation in the State of North Proposed wholesale livestock operations have been Carolina's best management practices program for 1. Monitor and advocate State -sponsored legislative introduced in Dare County, the county continues to farm management. efforts that address the location and permitting of monitor legislative activities which might regulate wholesale livestock operations. these operations. This may prove effective if Policy livestock operations are proposed in the future. Wholesaalele or industrial livestock operations are opposed. ARCHAEOLOGICAUHISTORICAL RESOURCES Policy #29 The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have NOT YET IMPLEMENTED. While this strategy been identified by the NC Department of Cultural 1. Seek funding from the State of North Carolina to has not yet been implemented, the county continues Resources, Division of Archives and History, as undertake a comprehensive inventory of those historic to recognize the importance of preserving archaeologically or historically significant. On a case- architect and landscape, not already in public archaeological and historic resources. Efforts to by -case basis individual protection/management ownership, to be used as a planning tool to identify any preserve these resources will continue to be strategies should be implemented to ensure historic, cultural, and/or archeological resources. considered, and may be effective tools to increase archaeological and/or historical resources are not cultural awareness. destroyed. WILDLIFE RESOURCES Policy #30 FULLY IMPLEMENTED. The county continues to Dare County supports the maintenance of preserve advocate for public access to federal property for the areas for wildlife habitat and access to the public to 1. Work with appropriate federal agencies to allow the purposes of hunting, fishing, and similar activities. these areas for managed wildlife harvesting and continued access to federal property in Dare County for 'These efforts have effectively balanced the observation. hunting, fishing and other similar activities. protection of wildlife resources and promoting traditionally popular activities such as hunting and Page 10 M M M = = = Policy #31 Dare County supports as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program. Policy #32 Dare County believes that there is insufficient, reliable data to quantify the rate of sea level rise. The phenomenon needs additional study. Until a more reliable and conclusive database has been established, Dare County will continue to rely of CAMA standards for development in CAMA designated "areas of environmental concern" or AECs. Appendix 4 Regulatory Issues TOPOGRAPHIC CONDITIONS 1. Continue to participate in the Community Rating System and implementation and enforcement of the Dare County Flood Ordinance. M FULLY IMPLEMENTED. The county maintains a full-time floodplain administrator who is responsible for the enforcement of the Dare County Floodplain Ordinance and all applicable floodplain management regulations. This strategy has been effective at protecting property loss from flood hazards as much as is applicable. Until a more reliable and conclusive database has No implementation strategies were identified at the time been established, Dare County will continue to rely of the 2003 Land Use Plan Update. on CAMA standards for development in CAMA designated "areas of environmental concern" or AECs. STORMWATER MANAGEMENT Policy #33 1. Consideration of stormwater management ordinance FULLY IMPLEMENTED. Stormwater Stormwater runoff should be managed to the greatest to address those projects that are not subject to State management contintues to be a substantial degree possible to protect the water quality of the public stormwater regulations with an emphasis on addressing consideration for Dare County. While no local trust waters surrounding Dare County, particularly stormwater runoff on sites that are adjacent to Class SA ordinances have been drafted to supplement State Class SA waters. waters. regulations, the concept remains under 2. Recommendation of a full-time stormwater/ditch consideration. Subdivisions are reviewed with maintenance program. (coordinate with Public Works scrutiny to ensure stormwater management issues Department and NC Department of Transportation. are addressed. A Floodplain Hazard Ordinance has Policy #34 3. The Dare County Planning Board shall continue to been adopted to restrict fill material in VE flood Dare County recognizes the public health issues address drainage issues associated with proposed new zones. The regulation of fill material on vacant lots associated with mosquitoes and standing areas of water subdivisions. continues to be considered, however no consensus and the public safety issue for motorists resented b P Y P y 4. Draft amendments to the Dare County Zoning has been reached to date. These measures have stormwater ponding on roadways. Ordinance to address the use of fill material on vacant effectively managed stormwater thus far, however sites to alter the existing natural ground elevations and improvements to the current management strategies drainage as the need arises. (2204/2005) will continue to be considered. Page 11 Policy #35 Dare County supports the development of marinas to provide boating access to the area's water bodies. Marina development should comply with all State and federal guidelines concerning location and design. The County encourages the dry stack option of boat storage. Appendix 4 MARINAS 1. Dare County will rely on local land use plan consistency review process used by State and Federal agencies to implement this policy since all proposed marinas require a CAMA major permit. 2. Examine the Dare County Zoning Ordinance and shorelines to ensure the proper location or exclusion of marinas and marina development. FULLY IMPLEMENTED. Marina developments are monitored on a case by case basis. The siting of marinas are oftentimes addressed in various zoning districts and corresponding maps. The county also continues to rely on the CAMA review process to ensure proper marina development. These strategies have been effective at regulating the location of marina developments, while recognizing the importance of providing opportunities for the development of adequate boat launching and storage facilities. FLOATING STRUCTURES Policy #36 Dare County is strongly opposed to the mooring of 1. Consideration of local regulations to prohibit the FULLY IMPLEMENTED. By ordinance, floating floating homes and other floating structures, as defined location of floating homes and structures in the structures are effectively prohibited in all portions o in 15A NCAC 7M0602, anywhere in Dare County and surrounding public trust waters of Dare County. (2004) unincorporated Dare County. its surrounding waters. LAND DISTURBING/TREE REMOVAL ACTIVITIES 1. Enforcement of sand dune protection standards in the FULLY IMPLEMENTED. The county continues to Policy #37 Dare County Zoning Ordinance. Dare Count advocates best management practices of enforce standards to protect shorline dune systems. Y g P 2. Draft amendments to the Dare County Zoning The county has adopted a Floodplain Ordinance to the NC Forest Service for tree removal and land Ordinance to address the use of fill material on vacant restrict fill material in VE flood zones. These clearing on private property. sites to alter the existing natural ground elevations and strategies have been effective limit the amount of drainage as the need arises. land disturbing activities. Page 12 Appendix 4 MANMADE HAZARDS Policy #38 Due to potential land use conflicts and hazardous conditions. Dare County does not support the No implementation strategies were identified at the time The Dare County Regional Airport has not expansion of the Dare County Regional Airport at its of the 2003 Land Use Plan Update. substantially expanded. current location. Policy #39 Proposals to expand the area of the existing bombing ranges on the Dare County mainland should be reviewed on a case -by -case basis with support or No implementation strategies were identified at the time Any proposals will be reivewed on a case by case opposition offered depending on the terms of the of the 2003 Land Use Plan Update. basis. proposal and its potential impacts on the local community and the importance to our Nations' national defense. Policy #40 The County recognizes the importance of four-wheel drive vehicle access to the beaches of Hatteras Island that are under the management authority of the federal government. Efforts to prohibit beach driving on these federally -managed areas are not supported. Proposals to impose additional driving restrictions will be reviewed on a case by case basis with support or opposition offered depending on the proposal and its potential negative impacts on the local tourist economy. BEACH DRIVING/OFF-ROAD VEHICLES 1. The County will continue to monitor actions of the U.S Department of Interior to further restrict beach driving and/or initiate other management programs that will impact or prohibit beach driving access along Hatteras Island. These monitoring activities may include participation at public hearings and workshops or correspondence with our congressional delegation and other federal officials. Page 13 FULLY IMPLEMENTED. The county monitors closely any activity which may prohibit beach driving along Hatteras Island, and actively participates in rule -making for off -road vehicle access to Cape Hatteras National Seashore. Understanding the cultural importance of beach driving on the island, the county will continue to advocate properly managed public access for four- wheel drive vehicles. These actions have effectively preserved public vehicle access along Hatteras Island. Appendix 4 FEDERAL AND STATE SUPPORT Policy #41 Additional Federal or State regulatory programs or expansion of existing programs will be reviewed on a FULLY IMPLEMENTED. The county continues to case by case basis. Dare County reserves the right to monitor state and federal proposals which impact support, oppose, review, or comment on additional the citizens of Dare County, and will continue to regulations that may impact Dare County and its 1. Monitor federal and state proposals and participate as participate in decision -making processes whenever economy. Local Public Hearings by federal or state needed. applicable. This strategy has been effective at agencies should be extensively advertised and maintaining open dialogue and cooperative conducted in Dare County before any new regulations relationships among local, state, and federal are adopted or existing programs are expanded. agencies. Page 14 M S Appendix 4 Growth and 'Development WASTEWATER Policy #42 The current minimum lot size standards shall not be reduced regardless of the availability of central wastewater treatment or the availability of a combination of central wastewater treatment and a central water supply. 1. The creation of a wastewater treatment authority or Policy #43 commission to address wastewater treatment issues Dare County advocates the use of on -site septic including the maintenance of traditional tank/drainfield systems as the primary method of wastewater treatment in unincorporated Dare County. septic/drainfield systems, package treatment plants, non - PARTIALLY IMPLEMENTED. The county is Non-traditional methods of wastewater treatment traditional methods of wastewater treatment, such as the peat systems, and the monitoring of existing septic tank actively seeking permits for the construction of a should be used only when natural soil conditions and nitrification fields. (2004-2006) wastewater treatment facility in Stumpy Point. ty Py dictate their use and not solely to accommodate larger 2. Continue to pursue opportunities to address Construction of this project should commence in P J structures or a greater dwelling density. wastewater issues in unincorporated Dare County 2008Other opportunities which might address . er o PP g including construction of a -owned package county -wide wastewater treatment are constantly publicly treatment plant or publicly -owned small centralized explored. While several wastewater treatment Policy #44 Package treatment plants maybe considered only when treatment plant as a remedial measure to replace issues remain to be considered, actions thus far have proven effective at treating wastewater in an natural conditions prohibit the use of septic systems, as existing outdated septic systems that threaten estuarine environmentally sensitive manner. remedial efforts to correct existing failing septic water quality due to their location in poorly drained soils improvements, or if required by ordinance and should or to facilitate a publicly -financed or publicly -endorsed be constructed to serve a specific development without housing developments. excess capacity for off -site wastewater treatment connections. Policy #45 Maintenance of privately owned package treatment plants should be supervised by the NC Utilities Commission or other public agencies. Page 15 Appendix 4 TRANSPORTATION Policy #46 Dare County recognizes the vital importance of NC 12 to Hatteras Island and the need to protect this transportation route, including Bonner Bridge. Recommendations by the NC Department of Transportation on NC 12, including beach FULLY IMPLEMENTED. The county continues to nourishment, the replacement of Bonner Bridge, require all subdivisions that feature private roads to elevated sections of the highway, or other options that bear a disclaimer stamp on the final plat indicating may be identified, will receive the highest level of 1. Continue to require all subdivisions that feature that Dare County will never be responsible for the consideration from Dare County. private roads to bear a disclaimer stamp on the final plat indicating that Dare County shall never be responsible road maintenance. Restrictive covenants shall also contain language concerning the road maintenance Policy 947 Dare County encourages intergovernmental cooperation for the road maintenance. Restrictive covenants shall responsibility. Due to clean-up and repair needs with the municipalities and its surrounding counties to also contain language concerning the road maintenance which tend to arise in the wake of major stom events such as Hurricane Isabel, the county continues to study of the transportation needs of Dare County and responsibility. P y encourage that new subdivisions dedicate roads as our region. 2. Work with our State legislative delegation to secure public rather than private. The county continues to authorization for a NC Department of Transportation private road maintenance and repair assessment monitor NCDOT activities regarding private road Policy #48 Dare County shall not be responsible for the cost of program. g maintenance and repair assessment. A Bonner maintaining or repairs to privately owned streets. Bridge replacement committee has been established Experimental programs sponsored by the State to to address issues related to the eventual replacement maintain private roads shall be supported. of the bridge spanning Oregon Inlet. These stragetigies have been effective at maintaining and improving transportation systems in Dare County. Policy #49 Whenever possible, local roads should be designed to interconnect to result in alternative transportation routes subordinate to the principal and well-known highway system Page 16 M M M M M M M M M M ' = M M M M M M M M Appendix 4 SOLID WASTE Policy #50 Dare County advocates participation in a regional solid 1. Develop a public information campaign using public FULLY IMPLEMENTED. The county contines to waste authority and continued operation of voluntary information office brochures and local governmental utilize a variety of public information mediums to recycling efforts. Additional programs for hazardous access channel to circulate information about hazardous notify the public of waste collection. This has been materials disposal and large item pick-ups are waste collections and large item pick-up schedules. an effective method of ensuring that solid waste is encouraged. collected as frequently as applicable. COMM[JNITY GROWTH PATTERNS Policy #51 Dare County values its coastal village atmosphere and will continue to work toward the development of use - specific zoning maps for those areas currently unzoned. 1. Continue work to develop use -specific zoning maps for those portions of unincorporated Dare County that PARTIALLY IMPLEMENTED. The county has are unzoned or have minimal S-1 zoning. (2002-2005) 2. Work with the Town of Manteo to coordinate zoned the previously unzoned villages of Wanchese, Manns Harbor, and Mashoes, and anticipates a Policy #52 Private sector development is encouraged to regulation of development on Roanoke Island continued effort to zone other portions of the county. acknowledge Dare County's coastal village qualities where the County's unincorporated boundary joins the A Carrying Capacity Study remains a topic of and incorporate these traits in their development plans Town's boundary. consideration, but such a study has yet to be and building designs. 4. Contract with independent planning consultant to implemented. Some additional draft development update Carrying Capacity Study for Dare County. (2004) standards have been drafted and reviewed, however, Policy #53 5. Draft for Dare County Board of Commissioners a concensus has not been reached. Gross -floor Public services shall be provided to meet the needs of, consideration a set of building design, limitations have been adopted in all areas of Dare but not to serve as an incentive to growth and landscaping, and parking standards for commercial uses County. The strategies which have been adopted development. as overlay districts along NC 12 on Hatteras Island and have effectively managed certain community growth other areas of unincorporated Dare County. patterns. Policy #54 Dare County reserves the right to review additional acquisitions of private property for public ownership on a case -by -case basis. Page 17 Appendix 4 RESIDENTIAL DEVELOPMENT Policy #55 1. Amend the Dare County Zoning Ordinance to delete Detached residential structures shall be the preferred the term "single family" residential houses and replace PARTIALLY IMPLEMENTED. While the land use in unincorporated Dare County. Although the with "detached individual residential housing units" in possiblity that neighborhoods may contain seasonal expanding market for seasonal accommodations as recognition of the possibility that neighborhoods may rentals or structures in the neighborhood may be structures that resemble traditional domiciles has contain seasonal rentals or that structures in the occupied by unrelated individuals is recognized, use resulted in a shortage of year-round housing, it is neighborhood may be occupied by unrelated individuals. of the term "single family" has proven effective with agreed that the policy advocating residential structures (2003) no immediate public request for its change having as the preferred land use shall continue. 2. Adopt standards that address unsightly structures and been made. The county continues to address conditions that are more flexible than the current unsightly structures, nuisances, and home Nuisance Ordinance, which is designed to address public safety and welfare issues rather that eyesores. occupations on a case by case basis. New zoning districts have been established in Wanchese, Maims Policy #56 Dare County recognizes the diverse housing needs of (2004) Harbor, and Mashoes which address limited the community. Private sector development projects 3. Amend Zoning Ordinance to better define an densities for residential development. An intended to expand housing opportunities for year- acceptable level of home occupations (2004) intergovernmental Affordable Housing Committee round residents are encouraged. Partnerships between 4. Consider revisions to Zoning Ordinance to lower the has been established to address workforce housing the private sector and the public sector will be reviewed number of permitted dwelling densities for multifamily in Dare County. These strategies which have been on a case -by -case basis when appropriate. Regional structures. (2003) implemented have been effective at properly efforts to address the housing needs of the Outer Banks 5. Consideration of an intergovernmental task force on managing residential development as a preferred will also be reviewed on a case -by -case basis. housing issues. (2003) land use in Dare County. Page 18 M i M M M S M i M M M M M M M M M M M Policy #57 Dare County will address opportunities for commercial development by adopting zoning maps for those portions of unincorporated Dare County currently unzoned or with minimal S-1 zoning regulations. Policy #58 Dare County encourages the continued existence and development of locally owned businesses in unincorporated Dare County. Policy #59 Large franchise operations proposing to locate in unincorporated Dare County are encouraged to individualize their establishments to reflect Dare County's coastal village character and not rely solely on corporate building designs, color designs or manner of construction. Policy #60 Redeveloped areas and structures shall conform to current development standards. Appendix 4 COMMERCIAL DEVELOPMENT 1. Adopt zoning amendments to include building design standards, landscaping, lighting and sign control standards. (2003) 2. Continue zoning initiatives with focus on detached residential development with limited commercial areas. (2003-2005) REDEVELOPMENT 1. The County shall enforce the NC State Building Codes for coastal construction and the Dare County Flood Ordinance in the event of reconstruction. 2. Whenever feasible, non -conforming structures destroyed by an act of nature or an accident will be rebuilt to comply with applicable zoning codes. 3. The re -use and rehabilitation of historic structures is encouraged as a means of preserving Dare County's coastal village environment. Page 19 FULLY IMPLEMENTED. The county continues to consider zoning amendments which serve the best interests of its citizens. Recent zoning initiatives have been persued to embrace detached residential development as the preferred land use, with limited commercial development. Gross floor area limitations have been established, and new zoning districts have been adopted in Wanchese, Manns Harbor, and Mashoes. These stragegies have proven effective in creating desired land use patterns related to commercial development. FULLY IMPLEMENTED. The county employs a staff of inspectors whose responsibility centers on enforcing the NC State Building Code. And though the county generally requires that non -conformities come into compliance when destroyed by natural means, Dare County seeks to act sensitively when these circumstances occur. The county continues to encourage the preservation and proper rehabilitation of historic structures. These strategies have been effective at promoting responsible redevelopment and swift economic recovery following disaster licy #61 3ustrial development that is environmentally suited Dare County and its surrounding water bodies is couraged. Dare County also supports the traditional iustries of commercial fishing, boat building, and construction. Policy # 62 Opportunities to diversify and expand Dare County's local tourist economy should be investigated. Appendix 4 INDUSTRIAL DEVELOPMENT 1. Proposals for industrial development in zoned areas will be reviewed for compatibility under the provisions of the Dare County Zoning Ordinance. For unzoned areas and those areas currently zoned S-1, use -specific zoning maps will be established and the designation of industrial zoned areas thoroughly evaluated based on geographic proximity to water bodies and other sensitive natural areas. 2. Update the Zoning Ordinance to evaluate the scope of uses allowed in the I-1 zoned areas of unincorporated Dare County. 3. Investigate the need for a County -owned industrial park on the Mainland of Dare County. ENERGY FACILITIES Policy #63 Dare County is opposed to the development of any 1. Any major energy facility proposed to be located in petro-chemical energy facility or related improvements Dare County shall make a full disclosure of all costs and within its jurisdictional lands and/or waters. This benefits associated with the project. This disclosure includes all structures, operations, and activities shall be in the form of an environmental impact associated with petro-chemical energy facility statement independent of and not funded by any petro- development such as, but not limited to on -shore chemical company or the Mineral Management Service. support bases for offshore exploration activities, staging 2. In the event an energy facility is proposed for Dare areas, transmission and/or productions pipelines, County, the County will support the policy statements pipeline storage yards, and other similar structures and administrative regulations referenced in activities and improvements related to petro-chemical 15NCAC7M, Section .0400 entitled "coastal energy energy facility development, exploration, or production. policies." Dare County supports research and development of non fossil fuel alternatives for energy production. Page 20 PARTIALLY IMPLEMENTED. Industrial development is reviewed with substantial scrutiny by the county to ensure its compatibility with its vicinity and the Zoning Ordinance. New zoning districts in Wanchese, Manns Harbor, and Mashoes address the impact of industrial development with similar caution. The I-1 zoning district has been amended to include gross floor area limitations. No immediate need for an industrial park on the mainland of Dare County has yet been identified. These measures have effectively regulated the limited industrial activity in Dare County. FULLY IMPLEMENTED. While no recent energy - related development has been proposed in Dare County, any such future proposal will be monitored closely for compliance with current policies and strategies. This will effectively ensure that any proposed energy facility will be constructed with minimal risk to the community. M = Appendix 4 TOURISM Policy #64 Dare County recognizes the vital importance of tourism to our local economy and supports efforts to maintain our status as a desirable place to visit and vacation. Dare County also recognizes the need to address the infrastructure and service demands of our seasonal populations. The use of tourist -generated revenues, such as occupancy taxes, to address the year-round and seasonal population needs is encouraged. 1. Use revenues generated by tourism to fund quality of FULLY IMPLEMENTED. The county continues to monitor revenue generated by tourism for its Policy #65 Dare County supports the concept of combining natural life related projects such as sidewalks, bikepaths, application towards "quality of life" related projects. resources and tourism to promote the area's ecological streetscape and landscaping improvements and open This will effectively ensure that the tourism industry values, known as "eco-tourism". space acquisitions will continue to be recognized for its importance to the economy of Dare County. Policy #66 The quality of life of Dare County residents should be carefully balanced with the growing tourist -based economy of the Outer Banks. Maintaining a good quality of life for our permanent population and ensuring a safe and enjoyable vacation experience should be a goal of all local, state, and federal agencies responsible for the promotion of tourism in Dare County and North Carolina. BIKEWAYS/WALKWAYS/GREENWAYS Policy #67 1. Continue to work with participating agencies to FULLY IMPLEMENTED. The county continues to Dare County supports the development and pursue opportunities for construction of additional walkways/bike paths throughout all of unincorporatedconstruction support efforts which might promote the construction of sidewalks, bike paths, greenways, and Dare County, including interconnection of the Roanoke of additional pedestrian paths. The other walking/jogging trails to provide a safe setting for Voyages multi -use path into Wanchese county may continue consideration of seeking funds these types of outdoor recreation and as alternative 2. Request revenues through local funding or grants to for other pedestrian projects, including greenways. transportation routes. provide an areawide greenway plan (2004) These strategies have been effective at promoting the development of multi -use path facilities. Page 21 Appendix 4 Storm Hazard Mitigation, Reconstruction and Recovery FULLY IMPLEMENTED. The county, through Policy #68 several enforcement programs including those Dare County shall use construction standards and 1. Dare County will continue to enforce all applicable mandated by CAMA , continues to implement those zoning regulations to mitigate the effects of high winds, Federal, State, and local regulations relating to regulations imposed by local, state, and federal storm surge, flooding, wave action, and erosion. construction in storm hazard areas. agencies regarding storm hazard areas. This inter- agency cooperation has been effective at addressing Policy #69 The County maintains a fully -staffed Emergency Dare County is committed to maintaining a full-time No implementation strategies were identified at the time Management Department. During periods of local emergency management department and emergency of the 2003 Land Use Plan Update. emergencies, the Emergency Management Dept. is operation centers and places a high a priority on capable of immediate response, while operating hurricane preparedness and response. from a secure operations center Policy #70 The Dare County Board of Commissioners shall be ultimately responsible for supervising the No implementation strategies were identified at the time implementation of various policies and procedures of the 2003 Land Use Plan Update. regarding reconstruction and recovery after a natural disaster. Policy #71 Recovery priority shall be directed to restoring or repairing infrastructure improvements such as transportation routes, utilities and medical and No implementation strategies were identified at the time emergency management facilities. Once the of the 2003 Land Use Plan Update. infrastructure has been restored, recovery priorities shall then be directed at essential commercial and primary residential structures. Page 22 M Appendix 4 Storm Hazard Mitigation, Reconstruction, and Recovery Policy #72 In the event of extensive hurricane damage to publicly - owned utilities or other improvements requiring replacement or reconstruction, alternative locations that No implementation strategies were identified at the time will mitigate the potential for similar repetitive losses of the 2003 Land Use Plan Update. will be examined and implemented wherever feasible and practicable. Policy #73 In the event of a damaging hurricane or other disastrous event, the Dare County Board of Commissioners may declare a moratorium on all No implementation strategies were identified at the time building permits and/or rezoning requests pending an of the 2003 Land Use Plan Update. evaluation of the damage and any reconstruction strategies that may serve to mitigate future damage or repetitive losses. FULLY IMPLEMENTED. The county takes 1. The County will continue efforts to inform, educate, substantial measures to involve the public in all and involve the public in planning for the future of the forms of community planning activities, giving County, primarily through the regular and special particular consideration to meetings conducted by Policy # 74 meetings of the Dare County Planning Board and Board the Board of Commissioners and Planning Board. Dare County supports the active involvement of all of Commissioners. Several methods of information distribution, including extensive use of the county website and interested persons in its land use planning and policy 2. The County will encourage continued representation mailings are used. Residents are also encouraged to development activities. by a broad range of Dare County residents on its participate as members of various advisory boards. Planning Board. When requested, any citizen may recieve periodic 3. Continue to maintain the mailing list for the Planning mailings informing them of Planning Board Board meetings. meetings and agendas. These measures have been effective in keeping the public abreast of Planning Department issues and activities. Page 23 Pasquotank River Basinwide Water Quality Plan August 2007 of µ nTE9 '01w North Carolina Department of 3�r Division of Water Quality AMA Environment and Natural Resources o�, Basinwide Planning Unit Figure i General Map of the Entire Pasquotank River Basin in North Carolina and Virginia VIRGINIA � NORTH CAROLINA 0 4.5 9 18 27 36 Miles Southern Shores Kitty Hawk Kill Devil Hills '"'CCC\ Nags Head Planning Section Basinwide Planning Unit May 8, 2007 Figure ii General Map of the Pasquotank River Basin in North Carolina GATES '�, CAMQEM CU �- 03-01\-50 o PAS UOTANK 03-01-'42 Elizab-' i Winfal lyl Hertford L , Southern Shores 'YjVe r 03-01-53 TYR 04 �,— Columbia_, - P--Riper s WASHINGTON / Legend OSubbasin Boundary Municipality Primary Roads County Boundary Hydrology Planning Section Basinwide Planning Unit January 8, 2007 0 3 6 - \ Kitty Hawk Sound Albemaxle 0 Kill Devil Hills 7. „ Nags Head 0 0 co i mot, �. -0ARE Q 41VHYDE �_ 3 0 N 1 0 c 0 a I N 03-01-55 W F s 12 18 24 -- �>- Miles 1 1 Chapter 2 Pasquotank River Subbasin 03-01-51 Including: Alligator River and portions of the Albemarle, Croatan and Roanoke Sounds 2.1 Subbasin Overview Subbasin 03-01-51 at a Glance Land and water Area Total area: 978 mil Land area: 568 miz Water area: 410 miz Land Cover percent Forest/Wetland: 53% Surface Water: 39% Cultivated Crop: 8% Urban <1 % Pasture/ Managed Herbaceous: <1 % Counties Dare, Hyde and Tyrrell Mnnieipalitigs Manteo Monitored Waterbody Statistics Aquatic Life: Total: 8.8 mi/106,724.7 ac Supporting: 8.8 mi/106,7247 ac Recreation Total: 8.8 mi/132,%4.3 ac Supporting: 8.8 mi/132,564.3 ac Shellfish Harvesting. Total:- 54,628.7 ac Supporting: 52,547.2 ac Impaired: 2,081.5 ac This subbasin contains the Alligator River and several tributaries. Most streams are of low relief and often swampy. Channelized ditches are common. Most waters in this subbasin are brackish estuarine, including Albemarle, Croatan and Roanoke Sounds, and the Alligator River to the Intracoastal Waterway (ICWW). Ecologically, the subbasin contains characteristics of the Chesapeake - Pamlico lowlands and tidal marshes, as well as nonriverine swamps and peatlands. Land cover generally consists of evergreen forests, mixed forests, forested wetlands and marshes. The Alligator River upstream of US 64 and all of its natural tributaries (not canals, Alligator Lake or ICWW) are classified as Outstanding Resource Waters (ORW). Based on their designations by the Marine Fisheries Commission as primary nursery areas, two tributaries (upper Scarboro Creek and Doughs Creek) to Shallowbag Bay are classified as High Quality Waters (HQW). This subbasin contains a mixture of public lands and Significant Natural Heritage Areas including Roper Island, Durant Island, Pocosin Lakes National Wildlife Reserve, the Alligator River National Wildlife Refuge and the Preyer Reserve. Portions of Dare, Hyde and Tyrrell Counties can be found in this subbasin with the highest concentration of urbanized areas located on Roanoke Island in the Towns of Manteo and Wanchese. Rapid population growth is occurring in Dare County and along coastal areas. Additional information regarding population and land use changes throughout the entire basin can be found in Chapter 11. There is one major and five minor National Pollutant Discharge Elimination System (NPDES) discharges in this subbasin with a total permitted flow of 1.5 MGD. The major NPDES facility is the Manteo Wastewater Treatment Plant (WWTP) with a permitted flow of 1.0 MGD. The Manteo VWVTP discharges to Shallowbag Bay [AU# 30-21-3] on Roanoke Island and significant noncompliance issues were identified during the last two years of the assessment period. There are two stormwater discharge permits in this subbasin. For the listing of NPDES permit holders, refer to Appendix III. IChapter 2 - Pasquotank River Subbasin 03-01-51 33 Figure 4 Pasquotank River Subbasin 03-01-51 � ever us 64 --, N / Albemarle Sound 16 Miles RO41�10 re J Planning Section Basinwide Planning Unit January 8, 2007 J M M M M a M M M M M M M M M M M M M M M= M M M = M M M i M = M! == M Table 5 Pasquotank Subbasin 03-01-51 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter % Exc REC Rating Station Result SH Rating GA Stressors Sources ALBEMARLE SOUND 30b SB 106,724.7 S Acres S MA3 NCE S MA3 NCE Dioxin Industrial Site MA5 NCE MA5 NCE Portion of Albemarle Sound in subbasin 03-01-51. Waters of Albemarle Sound (All waters south and east of a tine running in a southerly direction from Homiblow Point (North end of Norfolk -Southern Railroad Bridge) to a point of land on the east side of R Baum Creek 30-20-5 SA;HQW 10.9 S Acres +dtt r ; I PRO Fecal Coliform Bacteria From source to Croatan Sound H-2 Broad Creek 30-21-7a SA;HQW 126.0 S Acres N'D ri : 1 PRO Fecal Coliform Bacteria Marina DEH closed area at head of creek H-1 30-21-7b SA;HQW 392.2 SAcres N7 F.i S APP Approved area at mouth of creek H-1 Callaghan Creek 30-20-4 SA;HQW 24.8 S Acres Ni, P.C` I PRO Fecal Coliform Bacteria From source to Croatan Sound H-2 Cedar Bush Bay 30-20-7 SA;HQW 207.8 SAcres Nil tiD S APP Entire Bay H-2 Pasquotank Subbasin 03-01-51 Table 5 Pasquotank Subbasin 03-01-51 shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter % Exc REC Rating Station Result SH Rating GA Stressors Sources Croatan Sound 30-20{2)a SA;HQW 24,496.4 S Acres i D S N68 NCE S APP N69 NCE From Northwest Point on Roanoke Island following a line 1-2 west to Reeds Point on the Daze County mainland to a line running from a point of land just below Long Wretch Creek on Dare County mainland to the Southern tip of Smith Island south of Roanoke Island 30-20{2)b SA;HQW 169.3 SAcres f,4[1 1 PRO Fecal Coliform Bacteria The waters of Croatan Sound enclosed in a line beginning at H-2 a point near north shore of Spencer Creek at 35 degrees 51' 45" N- 75 degrees 44' 53" W; and thence 250 yeards in an easterly direction to a point at 35 degrees 51' 45" n- 75 degrees 44' 43" west 30-20-(2)c SA;HQW 340.9 S Acres NI) raC i PRO Fecal Coliform Bacteria The waters of Croatan Sound which include all waters H-2 within a line beginning at a point on the shore at 35 degrees 53' S6" N- 75 degrees 41' 36" W, thence WSW 800 yards to a point in the sound at 35 degrees 53' 38" N- 75 degrees 41' 53 W, thence 1975 yard 30-20-(2)d SA;HQW 156.3 S Acres M) PRO Fecal Coliform Bacteria The waters of Croatan Sound which include all waters on H-2 the North shore of Baum Creek to a straight line to Fl. Beacon number 2 at 35 degrees 50' 27" n-75 degrees 40' 06" W, thence in a straight line tto a point on an island at 35 degrees 50' 05" N- 75 de 30-20-(2)e SA;HQW 92.2 S Acres vG N 1 PRO Fecal Coliform Bacteria The waters of Croatan sound which include all waters below H-2 Oyster Creek southeast to Cut Through. DEH closed area Croatan Sound 5-e 30-20.(2)f SA;HQW 22.1 SAcres r;D ( PRO Fecal Coliform Bacteria DEH Closure Area at Mann's Harbor H-2 Cut Through 30-20-8a SA;HQW 128.6 S Acres ^ D i s S APP From DEH closure line to Croatan Sound H-2 30-20-8b SA;HQW 178.5 S Acres T,'E, 1 PRO Fecal Coliform Bacteria From Roanoke Sound to DEH closure line H-2 Pasquotank Snbbasin 03-01-51 M M M M M M M M M M M a M M M M M M M M Table 5 Pasquotank Subbasin 03-01-51 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter %Exc REC Rating Station Result SH Rating GA Stressors Sources Doughs Creek 30-21-3-2 SC;HQW 21.2 S Acres IND S N86 NCE From source to Shallowbag Bay Hog I Creek 30-20-9 SA;HQW 15.4 SAcres ND ?tD S APP Entire Creek H-2 Intracoastal Waterway (Pungo River -Alligator River Canal) 30-16-12 SC;Sw 8.8 S Miles S MA12 NCE Turbidity 9.E S MA12 NCE Turbidity Unknown From Currituck-Fairfield Township line to Alligator River Johns Creek 30-21-5 SA;HQW 10.7 S Acres P 0 :, 1 PRO Fecal Coliform Bacteria From source to Roanoke Sound H-1 Long Wretch Creek 30-20-10 SA;HQW 1.7 S Acres i 'D P i% S APP From source to Croatan Sound H-2 Mill Landing Creek (Mill Creek) 30-21-8 SC 29.8 S Acres ND S N67 NCE From source to Roanoke Sound Oyster Creek 30-21-9 SA;HQW 84.2 S Acres NCB N` S APP Entire Creek H-2 Oyster Creek (Croatan Sound) 30-20-6 SA;HQW 62.8 S Acres iNd D- 1 PRO Fecal Coliform Bacteria From source to Croatan Sound H-2 Pamlico Sound 30-22j SA;HQW 18,083.5 S Acres ND S APP Portion of Pamlico Sound (from Croatan and Roanoke H-6 Sounds to a line running from Sandy Point south of Stumpy Point Bay to the northeast tip of Ocracoke Island) in subbasin 03-01-51. Pasquotank Subbasin 03-01-S1 Table 5 Pasquotank Subbasin 03-01-51 AU Number Classification Length/Area Aquatic Life Assessment Year/ Description AL hating Station Result Parameter % Exc Shellfish Recreation Assessment Harvesting REC Rating Station Result SH Rating GA Stressors Sources Pond Island 30-21-4a SA;HQW 165.1 S Acres ' 0' tv') I PRO Fecal Coliform Bacteria WWTP NPDES The waters surrounding the Island within 1,000 feet from H-1 shore within subbasin 03-01-51 Roanoke Sound 30-21a SA;HQW 9,134.1 S Acres N'D r4p S APP Those waters in subbasin 03-01-51 in the western portion of 1-2 Roanoke Sound, from a line running from Northwest Point on Roanoke Island northward to Rhodoms Point on Colington Island, thence a line running eastward through Wright Memorial Monument, to a line 30-21b SA;HQW 130.2 SAcres NU+1: 1 PRO Fecal Coliform Bacteria WWTP NPDES DEH closed area on east side of Roanoke Island extending H-1 from mouth of Shallowbag Bay to Johns Creek along the shoreline 30-21c SA;HQW 109.2 S Acres dU : Li 1 PRO Fecal Coliform Bacteria DEH closed area west of Pond Island in subbasin 03-01-51 H-1 30-21d SA;HQW 351.4 S Acres J i PRO Fecal Coliform Bacteria DEH closed area adjacent to Mill Landing on east side of H-1 Roanoke Island Rockhall Creek 30-21-6 SA;HQW 5.7 S Acres ',10 N,) i PRO Fecal Coliform Bacteria Entire Creek H-1 Sand Beach Creek 30-21-5-1 SA;HQW 38.7 SAcres rn '!U 1 PRO Fecal Coliform Bacteria WWTPNPDES From source to Johns Creek H-1 Shallowbag Bay 30-21-3 SC 534.1 S Acres NR S N70 NCE Fecal Coliform Bacteria WWTP NPDES Entire Bay Ammonia WWTP NPDES Low Dissolved Oxygen WWTP NPDES Smith Creek 30-20-I1 SA;HQW 3.3 SAcres w`.; fd ) Entire Creek S APP H-2 Pasquotank Subbasin 03-01-51 M= M i=== M = = = M= M M M M M Table 5 Pasquotank Subbasin 03-01-51 shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter %Exc RECRating Station Result SHRating GA Stressors Sources ,Spencer Creek 30-20-3 SA;HQW 86.8 SAcres ND ND I PRO Fecal Coliform Bacteria From source to Croatan Sound H-2 Use Categories: Monitoring data type: Results: Use Support Ratings 2006: AL - Aquatio Life MF - Fish Community Survey E - Excellent S - Supporting, I - Impaired REC - Recreation MB - Benthic Community Survey G- Good NR - Not Rated SH - Shellfish Harvesting MA - Ambient Monitoring Site GF - Good -Fair NR*- Not Ratedfor Recreation (screening criteria exceeded) ML- Lake Monitoring F - Fair ND -No Data Collected to make assessment N- DEH RECMON P - Poor NR+-Not rated because draft criteria used for rating NI - Not Impaired Results GA - DEH SS Classification and Growing Area S- Severe Stress CE-Criteria Exceeded> 10%and more than 10 samples APP- Approved M-Moderate Stress NCE-No Criteria Exceeded CAO- Conditionally Approved -Open N- Natural Miles/Acres CAC- Conditionally Approved -Closed FW- Fresh Water PRO- Prohibited S- Salt Water Aquatic Life Rating Summary Recreation Rating Summary Fish Consumption Rating Summary Shellfish Harvesting Rating Summary S in 8.8 S Miles S in 8.8 S Miles I in 106,724.7 S Acres S in 52,547.2 S Acres S in 106,724.7 S Acres S in 131,806.2 S Acres I o 9.9 S Miles I in 2,081.5 S Acres NR a 534.1 S Acres ND 1.1 S Miles I e 126,031.2 S Acres ND 1.1 S Miles ND 100,949.7 S Acres 1 e 497.2 FW Miles ND 125,497.0 S Acres ND 497.2 FW Miles 1 e 4,980.6 FW Acres ND 497.2 FW Miles ND 4,980.6 FW Acres ND 4,980.6 FW Acres Pasquotank Subbasin 03-01-SI A map including the locations of the NPDES facilities and water quality monitoring stations is presented in Figure 4. Table 5 contains a summary of assessment unit numbers (AU#) and lengths, streams monitored, monitoring data types, locations and results, along with use support ratings for waters in the subbasin. Appendix V provides definitions of the terms used throughout this basin plan. No benthic samples were collected during this assessment period (2000 — 2005); however, data was collected from three ambient monitoring stations (MA3, MA5 and MA12). No water quality standards were exceeded. Many of the waters in subbasin 03-01-51 are classified for shellfish harvesting (Class SA). Many also have the supplemental classification of High Quality Waters (HQW) or Outstanding Resource Waters (ORW). Several management strategies are in place to protect these waters. Waters in the following sections and in Table 5 are identified by an assessment unit number (AU#). This number is used to track defined segments in the water quality assessment database, list 303(d) Impaired waters, and to identify waters throughout the basin plan. The AU# is a subset of the DWQ index number (classification identification number). A letter attached to the end of the AU# indicates that the assessment is smaller than the DWQ index segment. No letter indicates that the AU# and the DWQ index segment are the same. 2.2 Use Support Assessment Summary All surface waters in the state are assigned a classification appropriate to the best -intended use of that water. Waters are regularly assessed by DWQ to determine how well they are meeting their best -intended use. Table 6 provides a summary of use support for waters in subbasin 03-01-51. In subbasin 03-01-51, use support was assigned for aquatic life, recreation, fish consumption and shellfish harvesting categories. Waters are Supporting, Impaired, Not Rated, and No Data in the aquatic life and recreation categories on a monitored or evaluated basis. All waters are Impaired in the fish consumption category on an evaluated basis based on fish consumption advice issued by the Department of Health and Human Services (DHHS). There are no water supply watersheds designated in this subbasin. Criteria for making use support determinations for the shellfish harvesting category were based on Division of Environmental Health (DEH) Sanitary Surveys (SS) growing area classifications. The problem parameter for all shellfish waters is the potential for fecal coliform water quality standard exceedances. Differences in acreage estimates between basin cycles are not just related to changes in water quality; they are also due to changes in acreage are related to more refined methods of estimating acreages, changes in growing area classifications, extension of closure areas as a result of additional boat slips, and changes in use support methodology. For more information about use support determinations, refer to Appendix II or the Supplemental Guide to North Carolina's Basimvide Planning. Support Document for Basinwide Water Quality Plans found at DWQ's website http://h2o.enr.state.nc.us/basinAvide/SupplementaIGuide.htm. 40 Chapter 2—PasquotankRiver Subbasin 03-01-51 1 1 Table 6 Summary of Use Support Ratings by Category in Subbasin 03-01-51 Use Support Aquatic Life Recreation Shellfish Harvesting Ratin Freshwaterl Saltwater Freshwater Saltwater Freshwater Saltwater Monitored Waters Supporting 0 i 0 8.8 mi 0 52,547.2 ac 1068.8 - - ac 0 13 ac Impaired* 0 0 0 0 2,081.5 ac (3.8%) Total 0 8.8 mi 0 8.8 mi 0 106 724.7 ac 131 806.2 ac 54 628.7 ac nmonitored Waters Not Rated 0 534.1 ac 1.1 mi 0 0 0 0 No Data 497.2 mi 497.2 mi 1.1 mi 0 0 4,990.6 ac 125,497 ac 4,980.6 ac 100,949.7 ac Total 497.2 mi 1.1 mi 497.2 mi 1.1 mi 0 0 4,980.6 ac 126 031.1 ac 4 980.E ac 1-00,949.7 ac otals FAli Waters 497.2 mi 9.9 mi 1 497.2 mi 9.9 mi 1 0 54,628.7 ac 4,980.6 ac 232,756 ac 14,980.6 ac 232,756 ac * The noted percent Impaired is the percent of monitored mikslacres only. ' 2.3 Status and Recommendations of Previously and Newly Impaired Waters 1� The following waters were either identified as Impaired in the previous basin plan (2002) or are newly Impaired based on recent data. If previously identified as Impaired, the water will either remain on the state's 303(d) list or will be delisted based on recent data showing water quality improvements. If the water is newly Impaired, it will likely be placed on the 2008 303(d) list. The current status and recommendations for addressing these waters are presented below, and each is identified by an assessment unit number (AU#). Information regarding 303(d) listing and reporting methodology is presented in Chapter 15. For more information about use support determinations for the Impaired Class SA waters presented in Table 7 below, refer to Appendix II or the Supplemental Guide to North Carolina's Basimvide Planning: Support Document for Basnnwide Water Quality Plans found at DWQ's website http://h2o.enr.state.ne.us/basinwide/Supl2lementaIGuide.htm. Refer to Figure 4 for a map of subbasin 03-01-51. Table 7 Summary of DEH Growing Areas H-1, H-2 and I-2 Classifications in Subbasin 03-01-51 Class SA Waters Assessment Unit # Growing Area DEH Growing Area Classification Broad Creek 300--21 � PPP H-1 Johns Creek 30-21-5 PRO H-1 Pond Island 30-21-4a PRO H-1 30-21a APP Roanoke Sound 30-21b PRO H-1,1-2 30-21 c PRO 30-21 d PRO Rockhall Creek 30-21-6 PRO H-1 I Chapter 2—Pasquotank River Subbasin 03-01-51 41 1 Sand Beach Creek 30-21-5-1 PRO H-1 Baum Creek 30-20-5 PRO H-2 Callaghan Creek 30-20-4 PRO H-2 30-20-(2)a APP 30-20-(2)b PRO Croatan Sound H-2, I-2 30-20-(2)d PRO 30-20-(2)e PRO 30-20- 2 f PRO Cut Through 30-20-8a APP H-2 30-20-8b PRO Oyster Creek Croatan Sound 30-20-6 PRO H-2 Spencer Creek 30-20-3 PRO H-2 PRO=Prohibited, CAC=Conditionally Approved Closed, CAO=Conditionally Approved Open 2.3.1 West Shore Roanoke Sound Growing Area H-1 The following DWQ Class SA waters and the Impaired assessment units associated with these waters are located within Growing Area H-1. If the entire Class SA water is located within more than one growing area it is noted in Table 7 or refer to the basinwide Growing Area map in the Executive Summary. According to the Sanitary Survey of Roanoke Sound, Area H 1(DEHShellftsh Sanitation & Recreational Water Quality Section, October 2002 and August 2006), little change in bacteriological water quality has occurred since the last review in 2002; however, some water quality improvements have resulted in opening of shellfish waters. Area H- 1 includes waters of the Roanoke Sound, Shallowbag Bay, Broad Creek, and Mill Creek. Roanoke Sound is bordered on the east by the Outer Banks and on the west by Roanoke Island. H-1 is located in Dare County, which is undergoing rapid population growth with large influxes in seasonal populations. Manteo population is estimated at approximately 1,100 permanent residents and with a seasonal peak population of approximately 3,500 people (CAMA LUP-Town of Manteo, 2007). However, much of the survey area in area H-1 is uninhabited marshland. Wildlife and waterfowl are abundant in the marshland areas of this growing area. Notable activities on Roanoke Island include new housing developments and the construction of wetlands. This area has had significant flooding with heavy rainfall events affecting low-lying areas and flooding septic systems. The growing Pirate's Cove subdivision also hosts the largest marina in the area with 181 boat slips. The survey reports all violations noted from previous surveys have been corrected. The Manteo Municipal WWTP is the only WWTP in H-1 that discharges to the sound. The discharge location is approximately 3,400 feet offshore in Shallowbag Bay. The WWTP has a history of exceeding its permit limits for fecal coliform, petroleum, and ammonia levels in its effluent. 42 Chapter 2 — Pasquotank River Subbasin 03-01-51 1 1 C As a result of the DEH 2O06 survey report, approximately 45 acres around Manteo have been reclassified from Prohibited to Approved for shellfish harvesting and an additional 240 acres are classified as Approved in the Wanchese area. However, approximately 34 acres are Prohibited east of Wanchese Harbor due to development and observed pollution in runoff waters. Broad Creek [AU# 30-21-7a] Broad Creek (126 acres) is Impaired for shellfish harvesting. Broad Creek is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacteria levels. Broad Creek will remain on the state's 303(d) list of Impaired waters. The marina along Broad Creek is limited to 29 boats with no boats over 24' in length. Runoff from boat maintenance and from the parking lot of the marina drains to Broad Creek and eventually to waters east of Wanchese Harbor. Constructed wetlands have recently been completed in the mouth of Broad Creek and were observed to be hosting an abundant waterfowl population with associated accumulated fecal matter. Further downstream (AU# 30-21-7b), 392 acres are classified as approved and supporting shellfish harvesting Johns Creek [AU# 30-21-51 Johns Creek (10.7 acres) is Impaired for shellfish harvesting. Johns Creek is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacterial levels. Johns Creek will remain on the state's 303(d) list of Impaired waters. Pond Island [AU# 30-21-4a] Pond Island (165.1 acres) is Impaired for shellfish harvesting. Pond Island is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacterial levels. Pond Island will remain on the state's 303(d) list of Impaired waters. Roanoke Sound [AU# 30-21b, 30-21c and 30-21d] Portions of the Roanoke Sound (590.8 acres) is Impaired for shellfish harvesting. Roanoke Sound is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacterial levels. Roanoke Sound will remain on the state's 303(d) list of Impaired waters. An additional 9,134.1 acres are classified as approved and supporting shellfish harvesting in area 1-2. Rockhall Creek [AU# 30-21-61 Rockhall Creek (5.7 acres) is Impaired for shellfish harvesting. Rockhall Creek is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacterial levels. Rockhall Creek will remain on the state's 303(d) list of Impaired waters. Sand Beach Creek [AU# 30-21-5-11 Sand Beach Creek (38.7 acres) is Impaired for shellfish harvesting. Sand Beach Creek is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacterial levels. Sand Beach Creek will remain on the state's 303(d) list of Impaired waters. Chapter 2—PasquotankRiver Subbasin 03-01-51 43 2.3.2 Croatan Sound Growing Area H-2 The following DWQ Class SA waters and the Impaired assessment units associated with these waters are located within Growing Area H-2. If the entire Class SA water is located within more than one growing area it is noted in Table 7 or refer to the basinwide Growing Area map in the Executive Summary. According to the Sanitary Survey of Croatan Sound, Area H-2 (DEHShellfish Sanitation & Recreational Water Quality Section, December 2005), water quality remains good. The largest water quality issues are along the backside of Roanoke Island, near Manteo and Wanchese with high bacteria counts. Oyster production is limited to areas surrounding Wanchese and no clams are produced there. Area H- 2 is bordered by Roanoke Island in the east and the mainland village of Manes Harbor to the west. The permanent population is estimated at approximately 2,000 people, but drastically increases during the summer months. Development is scattered throughout much of the area. In North Manteo, 100+ lots have been created, Sunnyside Subdivision in Manteo has extended to make room for an additional 30 units and several new residential units have been built in Skyco. With the exception of the houses connected to the Manteo VWVTP, all the residences utilize onsite septic systems and seven violations were noted during the sanitary survey. Of these violations, one house had a crushed septic system with drainage to the sound and pipes from four mobile homes were disconnected and were found to be discharging directly onto the ground within 20 feet of the marsh. Other possible water quality pollution sources include landfills, wildlife, and increased impervious surface runoff. Dredge material from Shallowbag Bay in area H-1 was deposited in a 30-acre site in area H-2. Several drainage ditches connect possible runoff from Dare County's demolition landfill to the sound. An illegal dumpsite was discovered in Manteo consisting of boats, appliances and other trash. Possible chemical pollutants may come from the NCDOT Marine Maintenance Facility located on Spencer Creek. Baum Creek [AU# 30-20-5] Baum Creek (10.9 acres) is Impaired for shellfish harvesting. Baum Creek is classified by DER SS as prohibited in growing area H-2 due to potential fecal coliform bacterial levels. Baum Creek will remain on the state's 303(d) list of Impaired waters. Callaghan Creek [AU# 30-20-41 2002 Status To evaluate the impact of a fire treatment berm at a Dare County landfill in 1998, DWQ monitored chemicals (metals), toxicity and benthic macroinvertebrates. One station failed 1 r 1 44 Chapter 2 — Pasquotank River Subbasin 03-01-51 1 n u toxicity tests and metals were extremely high (i.e., silver, selenium, copper, zone, arsenic, aluminum, lead, manganese and iron). Biologists noted some impacts to the benthic communities nearest the landfill. DWQ recommended that a follow-up study be conducted on Callaghan Creek. It was also recommended that DWQ regional office staff work with landfill managers to generate appropriate disposal options. Current Status Callaghan Creek (24.8 acres) is Impaired for shellfish harvesting. Callaghan Creek is classified by DEH SS as prohibited in growing area H-2 due to potential fecal coliform bacterial levels. Callaghan Creek will remain on the state's 303(d) list of Impaired waters. DWQ sampled unnamed tributaries to Callaghan Creek and Billys Creek in October 2000 to assess the long-term impacts from the 1998 landfill fire. The sample sites were all channelized drainage ditches without bends or pools. Use of a non-standard sampling methodology precluded assignment of bioclassifications to these sites; however, this method collected enough taxa to make between site comparisons of the invertebrate communities. All sites had dissolved oxygen levels below 4.0 mg/1 and no flow conditions existed. Substrate consisted of detritus - mud mixture. Macroinvertebrate communities at all sites in this study were very pollution tolerant. The sample site near the landfill showed a biotic community still impacted from the landfill fire; however, several taxa rarely found in DWQ collections were also found during the study (DWQ ESS, December 2000). Croatan Sound [AU# 30-20-(2)b, 30-20-(2)c, 30-20-(2)d, 30-20-(2)e and 30-20-(2)fj Croatan Sound (580.3 acres) is Impaired for shellfish harvesting. Croatan Sound is classified by DEH SS as prohibited in growing area H-2 due to potential fecal coliform bacterial levels. Croatan Sound will remain on the state's 303(d) list of Impaired waters. Cut Through [AU# 30-20-8b) Cut Through (178.5 acres) is Impaired for shellfish harvesting. Cut Through is classified by DEH SS as prohibited in growing area H-2 due to potential fecal coliform bacterial levels. Cut Through will remain on the state's 303(d) list of Impaired waters. An additional 128.6 acres are classified as approved and supporting shellfish harvesting in area H-2. ' Oyster Creek [AU# 30-20-61 Oyster Creek (62.8 acres) is Impaired for shellfish harvesting. Oyster Creek is classified by ' DEH SS as prohibited in growing area H-2 due to potential fecal coliform bacterial levels. Oyster Creek will remain on the state's 303(d) list of Impaired waters. Spencer Creek [AU# 30-20-31 Spencer Creek (86.8 acres) is Impaired for shellfish harvesting. Spencer Creek is classified by DEH SS as prohibited in growing area H-2 due to potential fecal coliform bacterial levels. Spencer Creek will remain on the state's 303(d) list of Impaired waters. ' Chapter 2—Pasquo"River Subbasin 03-01-51 45 2.4 Status and Recommendations for Waters with Noted Impacts The surface waters discussed in this section are not Impaired. However, notable water quality problems and concerns were documented for these waters during this assessment. Attention and resources should be focused on these waters to prevent additional degradation and facilitate water quality improvements. DWQ will notify local agencies of these water quality concerns and work with them to conduct further assessments and to locate sources of water quality protection funding. Additionally, education on local water quality issues and voluntary actions are useful tools to prevent water quality problems and to promote restoration efforts. The current status and recommendations for addressing these waters are presented below, and each is identified by an AU#. Nonpoint source program agency contacts are listed in Appendix IV. 2A.1 Shallowbag Bay [AU#30-21-3] Shallowbag Bay (534.1 acres) is Not Rated on an evaluated basis in the aquatic life category due to significant noncompliance issues with biochemical oxygen demand (BOD) and ammonia permit limits at the Manteo WWTP (Permit NC0079057). Manteo's WWTP is permitted to discharge 0.6 MGD and it has a phased NPDES permit under which it can expand to 1 MGD by obtaining an Authorization to Construct from DWQ. Many of the effluent violations with Manteo WWTP were results of mechanical malfunctions. In 2005 and 2006, there were two Notice of Violations issued against MWWTP and 9 Permit Enforcement penalties issued against the plant. In 2005, the Town of Manteo received a grant from the North Carolina Clean Water Management Trust Fund (CWMTF) to develop a feasibility study of nutrient removal options for wastewater discharged to Shallowbag Bay. The 2007 Manteo Land Use Plan states water quality conditions in Shallowbag Bay are concerns and recommends actions to improve their WWTP and reduce pollutants from stormwater runoff and marinas to improve water quality. BMPS are needed to reduce runoff from highly impervious areas of historic downtown Manteo to reduce stormwater runoff into Shallowbag Bay (CAMA LUP- Town of Manteo, 2007). The Town of Manteo prepared a stormwater management plan in 2000 with intentions to augment its zoning ordinance with stormwater management requirements. The 2005 Zoning Ordinance requires the runoff generated by new development to not exceed the predevelopment site volume for the first 1.5" and it shall be retained on the site. Residential and historic sites are exempt from this ordinance. Shallowbag Bay is also monitored by the Division of Environmental Health (DEH) Recreational Monitoring Program (RECMON). Based on DEH monitoring data, the bay is Supporting in the recreation category. 2.5 Additional Water Quality Issues within Subbasin 03-01-51 The previous sections discussed water quality concerns for specific stream segments. The following section discusses issues that may threaten water quality in the subbasin that are not specific to particular streams, lakes, or reservoirs. The issues discussed may be related to waters near certain land use activities or within proximity to different pollution sources. The increase in impervious surfaces throughout the basin contributes to the growing water quality issues associated with stormwater runoff. An increase in the numbers of slips at marinas is a concern to water quality because of the limited number of marina facilities with pump out 1 1 46 Chapter 2—PasquotankRiver Subbasin 03-01-51 1 ' capabilities. Establishing marinas that meet Clean Marina standards is essential to protect public health and water quality. ' According to the Sanitary Survey ofAlbemarle and Currituck Sounds, Areas I-1, I-3 through I-16 (DEHShellftsh Sanitation & Recreational Water Quality Section, December 2005), there has been little change in water quality since the last survey. The only shellfish found in this area ' is Rangia clams. No commercial shellfish harvesting occurs. Freshwater runoff is the most significant factor affecting water quality in this region and can be associated with agricultural runoff or natural runoff from swampwaters following heavy rains. Area I-4 consists mainly of forest and swamps surrounding the Alligator River. Logging is the main industry in this region. There are some farming operations on the western side of the river. The eastern side of the river is part of the Alligator River National Wildlife Refuge. According to the Sanitary Survey of Eastern Albemarle Sound, Area I-2 (DEII Shellfish Sanitation Unit, June 2005), water quality has improved with a few exceptions. The only shellfish present in this area is Rangia clams. The estimated population of this area is 11,000 people, which is a 50 percent increase since the last survey. With the influx of tourists the population more than triples. There are 15 subdivisions, many of which are located along closed waters. IChapter 2—PasquotankRiver Subbasin 03-01-51 47 6.1 Subbasin Overview Subbasin 03-01-55 at a Glance Land and Water Area Total area 574 mil Land area: % mi2 Water area 478 mil Land Cover (percent) Surface Water:89%Forest/Wetland: 11% Urban: <1% Cultivated Crop: <1% Pasture/ Managed Herbaceous: <1% Counties Dare Communities Stumpy Point, Rodanthe, Avon, Waves Monitored Waterbody Statistics Aquatic Life: Total: 0 Recreation Total• 315,259.3 ac Supporting: 315,259.3 ac Shellfish Harvesting: Total: 319,557.8 ac Supporting: 316,953.0 ac Impaired: 2,6018 ac Chapter 6 Pasquotank River Subbasin 03-01-55 Including: Northeastern Pamlico Sound This subbasin consists of Pamlico Sound from Oregon Inlet to Hatteras Inlet and the Outer Banks in Dare County. Subbasin 03-01-55 contains Black Lake and Stumpy Point Bay on the mainland and the Pea. Island National Wildlife Refuge and Cape Hatteras National Seashore on the Outer Banks. Ecologically, the Subbasin consists primarily of Carolinian Barrier Islands and coastal marshes with portions of the mainland consisting of nonriverine swamps and peatlands. Streams on the mainland are few and low gradient with channelized ditches being common and all are either estuarine or oceanic. Land cover generally consists of surface water and forested wetlands. Dare County, located in this Subbasin, experiences a high seasonal population fluctuation with tourists visiting the Outer Banks. Dare County projected to experience a population increase of 35 percent by 2020. Additional information regarding population and land use changes throughout the entire basin can be found in Chapter 11. There are three minor National Pollutant Discharge Elimination System (NPDES) permitted facilities in this Subbasin with a total permitted flow of 2.1 MGD. All three facilities are reverse osmosis (RO) water treatment plants (WTP) that discharge filtered backwash or reject water into saline waters. All three are required to monitor whole effluent toxicity (WET). The permit for the Cape Hatteras RO WTP specifies chronic toxicity monitoring. WET results submitted by the facility indicate that it failed to meet its chronic toxicity target on one occasion between January 2000 and December 2005. The permits for the Stumpy Point RO WTP and the Rodanthe/Waves/Salvo RO WTP specify acute toxicity monitoring. No acute effluent toxicity violations were reported at the Stumpy Point RO ' WTP; however, results from the Rodanthe/Waves/Salvo RO WTP show that the facility failed to meet its 90 percent acute toxicity target effluent concentration on four occasions between January 2000 and December 2005. There is one non -discharge permit and no stormwater discharge permits for this subbasin. For the listing of NPDES permit holders, refer to Appendix III. ' Chapter 6—Pasquotank River Subbasin 03-01-55 77 7 Figure 8 Pasquotank River Subbasin 03-01-55 { 1� } N Z pMI DARE 11 L1. 1 1 � F 1 i \ S i s 1;ji�{ \ t� r a 4 t .A i r n ;A� } Pamlico Sound 1 i 1 n ] f � CI Legend x n 1 y �1 O Municipality) t County Boundary Subbasin Boundary �- c r Primary Roads bA Monitoring Stations v Ambient Monitoring Station p ® Benthic Community ' A• Recreation Locationss> NPDES Dischargers Q Major 1 s k' - A Minor- Non -Dischargers is � t t i NC12 � x 0 Major�� A Minor Zi w s Aquatic Life Rating/ Shellfish Harvesting Rating Impaired F,t No Data�� 4o\.-o Not Rated Planning Section 0 1.5 3 6 9 12 Basinwide Planning Unit �� Supporting Miles January 8, 2007 M Table 18 Pasquotank Subbasin 03-01-55 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL gating Station Result Parameter %Exc REC Rating Station Result SH Rating GA Stressors Sources Askins Creek 30-22-24 SA;HQW 49 S Acres ND ;•{:7 1 PRO Fecal Coliform Bacteria From source to Pamlico Sound H-5 Austin Creek (Clubhouse Creek) 30-22-31 SA;HQW 7.9 S Acres 'ND `vi_ 1 PRO Fecal Coliform Bacteria From source to Pamlico Sound H-4 Beach Slue 30-22-9 SA;HQW 76.9 S Acres ND N S APP Entire area of Beach Slue H-5 Blackmar Gut 30-22-13 SA;HQW 4.6 S Acres NR PRO Toxic Impacts WWTP NPDES From source to Pamlico Sound Fecal Coliform Bacteria H-5 Boat Creek 30-22-25 SA;HQW 1.9 S Acres ND rar? S APP From source to Pamlico Sound H-5 Brooks Creek - 30-22-28 SA;HQW 24.8 S Acres ND r1; I PRO Fecal Coliform Bacteria From source to Pamlico Sound H-4 Cape Creek 30-22-27 SA;HQW 15.8 S Acres ND N ' 1 PRO Fecal Coliform Bacteria From source to Pamlico Sound H-5 Clarks Bay 30-22-16 SA;HQW 19.8 S Acres NO S N29 NCE S APP Entire Bay H-5 Duck Ponds and Isaac Pond 30-22-30-1-1 SA;HQW 10.3 S Acres ND ; I PRO Fecal Coliform Bacteria Entire ponds and connecting streams to The Slash H-4 Eagle Nest Bay 30-22-2 SA;HQW 55.5 S Acres "dD ^;u S APP Entire Bay H-5 Pasquotank Subbasin 03-01-55 Table 18 Pasquotank Subbasin 03-01-55 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvestinz Description Year/ AL Rating Station Result Parameter %Exc REC Rating Station Result SH Rating GA Stressors Sources Goat Island Bay 30-22-3 SA;HQW 40.8 S Acres iJU Ni! S APP Entire Bay H-5 Goose Creek 30-22-32 SA;HQW 1.7 S Acres M-, IN D S APP From source to Pamlico Sound H-4 Gull Island Bay 30-22-18 SA;HQW 16.5 S Acres iJD ",Ci S APP Entire Bay H-5 Hatteras Inlet 30-22-33 SA;HQW 143.1 S Acres ND F E' S APP Entire Inlet H-4 Joe Saur Creek 30-22-29 SA;HQW 17.9 S Acres ND ::' I PRO Fecal Coliform Bacteria From source to Pamlico Sound H-4 Long Point Creek 30-22-26 SA;HQW 6.3 S Acres NIE, S APP From source to Pamlico Sound H-5 Midgett Cove 30-22-15 SA;HQW 36.4 S Acres ":) _ S APP From source to Pamlico Sound H-5 Mill Creek 30-22-22 SA;HQW 16.2 S Acres N'D "dC I PRO Fecal Coliform Bacteria From source to Pamlico Sound H-5 No Ache Bay 30-22-17 SA;HQW 38.1 S Acres HD S APP Entire Bay H-5 North Drain 30-22-14 SA;HQW 2.0 S Acres N) t 4: D S APP From source to Pamlico Sound H-5 Pasquotank Subbasin 03-01-55 M M Table 18 Pasquotank Subbasin 03-01-55 Shellfish 9 AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter % Exc REC Rating Station Result SH Rating GA Stressors Sources Oregon Inlet 30-22-1 SA;HQW 571.2 S Acres f=D t, r S APP Entire Inlet H-6 Pasquotank Subbasin 03-01-55 Table 18 Pasquotank Subbasin 03-01-55 Shellfish AU Number Aquatic Life Assessment Classification Length/Area 9 Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter %Exc REC Rating Station Result SH Rating GA Stressors Sources Pamlico Sound 30-22a SA;HQW 315,239.5 S Acres NR S N26A NCE g APP Low Dissolved Oxygen WWTP NPDES N26C NCE N28 NCE N28A NCE N29A NCE N31 NCE N33 NCE N33A NCE N38 NCE N39 NCE Portion of Pamlico Sound (from Croatan and Roanoke Sounds to a line running from Sandy Point south of Stumpy Point Bay to the northeast tip. of Ocracoke Island) in subbain 03-01-55 except DEH closure areas 30-22b through 30-22j. 30-22b SA;HQW 28.5 S Acres The waters of Pamlico Sound which include the DEH closed area of a boundary begnning at a point on land west of the Hatteras Ferry Landing at 35 degrees IT 30" N- 75 degrees 42' 24" W, thence to a point in the ferry channel at 35 degrees 12' 37" N-75 deg 30-22c SA;HQW 15.2 S Acres NU The waters of the Pamlico Sound which include the DEH closed area with mouth 1.17 miles southwest of Durant Point. 30-22d SA;HQW 3.6 S Acres M) The waters of Pamlico Sound which include the DEH closed area with mouth 321 meters east of east mouth of Austin Creek 30-22e SA;HQW 18.7 SAcres idD The waters of Pamlico Sound which include the DEH closed area: all creeks, canals, and tributaries along Hatteras Island between Brooks Point to west mouth of Joe Saw Creek. H-6 1 PRO Fecal Coliform Bacteria H-4 is 1 PRO Fecal Coliform Bacteria H-4 PRO Fecal Coliform Bacteria H-4 td I PRO Fecal Coliform Bacteria H-4 Pasquotank Subbasin 03-01-55 M M M M M M M M M Table 18 Pasquotank Subbasin 03-01-55 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter % Exc REC Rating Station Result SH Rating GA Stressors Sources 30-22f SA;HQW 187.8 S Acres ND ,;;; The waters of Pamlico Sound which include the DEH closed area: All waters south of a line bginning at a point on the shore north of Buxton at 35 degrees 16' 44" N- 75 degrees 31' 05" W, thence in awesterly direction through Bald Point to a point on the B 30-22g SA;HQW 1.3 S Acres Pd1) The waters of Pamlico Sound which include the DEH closed area at the mouth of Askins Creek 30-22h SA;HQW 29.2 S Acres 11D The waters of Pamlico Sound which include the DEH closed area at the mouth of Mill Creek. This includes all waters south of a line from Big Island to the Outer Banks and all waters east of line from Big Island to Gibbs Point. Pauls Ditch 30-22-12 SA;HQW 6.9 S Acres Nui ND From source to Pamlico Sound Pea Island Bay 30-22-6 SA;HQW 18.3 S Acres ND h•JO Entire Bay Pea Island Creek 30-22-5 SA;HQW 4.6 S Acres Nn Entire Creek Peters Ditch 30-22-23 SA;HQW 2.7 S Acres *_:) PJC) From source to Pamlico Sound Phipps Cove 30-22-19 SA;HQW 5.8 S Acres N'D N From source to Pamlico Sound Round Hammock Bay 30-22-11 SA;HQW 276.4 S Acres NC idC Entire Bay 1 PRO Fecal Coliform Bacteria H-5 1 PRO Fecal Coliform Bacteria H-5 1 PRO Fecal Coliform Bacteria H-5 S APP H-5 S APP H-5 S APP H-5 I PRO H-5 S APP H-5 S APP H-5 Fecal Coliform Bacteria Pasquotank Subbasin 03-01-55 Table 18 Pasquotank Subbasin 03-01-55 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter % Exc REC Rating Station Result SH Rating GA Sandy Bay 30-22-30a SA;HQW 37.6 S Acres C DEH Closure Area 30-22-30b SA;HQW 123.7 S Acres F.L) Entire Bay excluding DEH closure Area Spencer Creek 30-22-21 SA;HQW 4.4 S Acres iND From source to Pamlico Sound Stumpy Point Bay 30-22-8a SA;HQW 1,688.5 S Acres N+? Entire Bay except DEH area closures 30-22-8b SA;HQW 198.2 SAcres tl"D All those waters bounded by a line beginning at a point 35 degrees 41' S5" N-75 degrees 46' 09" W, thence in a southeasterly direction to a point 400 yards offshore at 35 degrees 41' 46" N- 75 degrees 45' S4" W, thence in a southwesterly direction in a st 30-22-8c SA;HQW 260.3 S Acres AND All those waters within an area bounded by a line beginning at a point on the east shore at 35 degrees 41' 44" N- 75 degrees 44' 18" W, thence to a point in the bay at 35 degrees 4 F 28" N- 75 degrees 44' 45" W, thence to a point in the bay at 35 degrees Terrapin Creek 30-22-7-1 SA;HQW 2.8 S Acres N-D From source to Terrapin Creek Bay Terrapin Creek Bay 30-22-7 SA;HQW 163.7 S Acres Entire Bay The Drain 30-22-20 SA;HQW 1.4 SAcres ND From source to Pamlico Sound Stressors Sources f;D I PRO Fecal Coliform Bacteria H-4 i7 S APP H-4 t C) S APP H-5 JC> 1 PRO Fecal Coliform Bacteria H-3 J J I PRO Fecal Coliform Bacteria H-3 P;D I PRO Fecal Coliform Bacteria H-3 PJ� S APP H-5 iD S APP H-5 t• D S APP H-5 Pasquotank Subbasin 03-01-55 Table 18 Pasquotank Subbasin 03-01-55 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description ALRating Station Result Parameter%Exe RECRating Station Result SHRating GA Stressors Sources .,The Slash 30-22-30-1 SA;HQW 30.9 S Acres N D PJD I PRO Fecal Coliform Bacteria From source to Sandy Bay H-4 The Trench 4. 30-22-4 SA;HQW 51.5 S Acres PJD PJD S APP From source to Pamlico Sound H-5 Wreck Creek u 4 30-22-10 SA;HQW 43.5 SAcres PJD ND S APP Entire Creek H-5 Use Categories: Monitoring data type: Results: Use Support Ratings 2006: AL - Aquatic Life MF - Fish Community Survey E - Excellent S - Supporting, I - Impaired REC - Recreation MB - Benthic Community Survey G- Good NR - Not Rated SH - Shellfish Harvesting MA - Ambient Monitoring Site GF - Good -Fair NR*- Not Rated for Recreation (screening criteria exceeded) Ml- Lake Monitoring F - Fair ND -No Data Collected to make assessment N- DEH RECMON P - Poor NR+-Not rated because draft criteria used for rating NI - Not Impaired Results GA - DEH SS Classification and Growing Area S Severe Stress CE-Criteria Exceeded> 10%and more than 10 samples APP- Approved M-Moderate Stress NCE-No Criteria Exceeded CAO- Conditionally Approved -Open N- Natural Mlles/Acres CAC- Conditionally Approved -Closed FW- Fresh Water PRO- Prohibited S- Salt Water Aquatic Life Rating Summary Recreation Rating Summary Fish Consumption Rating Summary Shellfish Harvesting Rating Summary NR a 315,244.1 S Acres S m 315,259.3 S Acres I e 319,580.0 S Acres S m 316,953.0 S Acres ND 4,335.9 S Acres ND 4,320.6 S Acres I e 117.6 FW Miles I m 2,604.8 S Acres ND 117.6 FW Miles ND 117.6 FW Miles Pasquotank Subbasin 03-01-55 Flooding continues to be a concern along the Outer Banks. Groundwater levels are high, limiting the lands ability to infiltrate rainwater. Also, the increase in impervious surfaces contributes to higher stormwater runoff and flooding events. A map including the locations of the NPDES facilities and water quality monitoring stations is presented in Figure 8. Table 15 contains a summary of assessment unit numbers (AU#) and lengths, streams monitored, monitoring data types, locations and results, along with use support ratings for waters in the subbasin. Appendix V provides definitions of the terns used throughout this basin plan. Neither benthic samples nor ambient stations are located in this subbasin; however, there are several recreational monitoring stations (RECMON) located throughout the subbasin. These stations are evaluated by the NC Division of Environmental Health (DEH). Long-term trends in water quality cannot be assessed in this subbasin. Refer to the 2006PasquotankRiver Basinwide Assessment Report http://h2o.enr.state.nc.us/esb/Basinwide/PASQUOTANK2006FinaLpdf and Appendix I for more information on monitoring. Many of the waters in subbasin 03-01-55 are classified for shellfish harvesting (Class SA). Many are also classified as High Quality Waters (HQW) or Outstanding Resource Waters (ORW). Several management strategies are in place to protect these waters. Waters in the following sections and in Table 15 are identified by an assessment unit number (AU#). This number is used to track defined segments in the water quality assessment database, list 303(d) Impaired waters, and to identify waters throughout the basin plan. The AU# is a subset of the DWQ index number (classification identification number). A letter attached to the end of the AU# indicates that the assessment is smaller than the DWQ index segment. No letter indicates that the AU# and the DWQ index segment are the same. 6.2 Use Support Assessment Summary All surface waters in the state are assigned a classification appropriate to the best -intended use of that water. Waters are regularly assessed by DWQ to determine how well they are meeting their best -intended use. Table 16 provides a summary of use support for waters in subbasin 03-01-55. In subbasin 03-01-55, use support was assigned for aquatic life, recreation, fish consumption and shellfish harvesting categories. Waters are Supporting, Impaired, Not Rated, and No Data in the aquatic life and recreation categories on a monitored or evaluated basis. All waters are Impaired in the fish consumption category on an evaluated basis based on fish consumption advice issued by the Department of Health and Human Services (DHHS). There are no water supply watersheds designated in this subbasin. Criteria for making use support determinations for the shellfish harvesting category were based on Division of Environmental Health (DEH) Sanitary Surveys (SS) growing area classifications. The problem parameter for all shellfish waters is the potential for fecal coliform standards exceedances. Differences in acreage estimates between basin cycles are not just related to changes in water quality. Changes in acreage are related to more refined methods of estimating acreages, changes in growing area classifications, extension of closure areas as a result of additional boat slips, and to changes in use support methodology. I E H U 86 Chapter 6—PasquotankRiver Subbasin 03-01-55 1 For more information about use support determinations, refer to Appendix II or the Supplemental Guide to North Carolina's Basinwide Planning. Support Document for Basinwide Water Quality Plans found at DWQ's website http://h2o.enr.state.nc.us/basinNvide/Sup121ementaIGuide.htm. ' Table 16 Summary of Use Support Ratings by Category in Subbasin 03-01-55 0 1 H Use Support Rating Aquatic Life Recreation Shellfish Harvesting Freshwaterl Saltwater Freshwaterl Saltwater iFreshwaterl Saltwater Monitored waters Supporting 0 0 0 315,259.3 ac 0 316,953.0 ac Impaired* 0 0 0 0 0 2,604.8 ac (0.8%) Total 0 0 0 315,259.3 ac 0 319,557.8 ac Unmonitored Waters Not Rated 0 315,244.1 ac 4,335.9 ac 0 _ 0 0 0 No Data 117.6 mi 117.6 mi 4,320.6 ac 0 0 Total 117.6 mi 319,580 ac 117.6 mi 4,320.6 ac 0 0 otals All Waters 1 117.6 mi 319,580 ac 1 117.6 mi 1319,579.9 ac 0 319,557.8 ac * The noted percent Impaired is the percent of monitored miles/acres only. 6.3 Status and Recommendations of Previously and Newly Impaired ' Waters The following waters were either identified as Impaired in the previous basin plan (2002) or are newly impaired based on recent data. If previously identified as Impaired, the water will either remain on the state's 303(d) list or will be delisted based on recent data showing water quality improvements. If the water is newly Impaired, it will likely be placed on the 2008 303(d) list. t The current status and recommendations for addressing these waters are presented below, and each is identified by an assessment unit number (AU#). Information regarding 303(d) listing and reporting methodology is presented in Chapter 15. For more information about use support determinations for the Impaired Class SA waters presented in Table 17 below, refer to Appendix II or the Supplemental Guide to North Carolina's ' Basinwide Planning. Support Document for Basinwide Water Quality Plans found at DWQ's website http://h2o.enr.state.nc.us/basinNvide/SupplementaIGuide.htm. Refer to Figure 8 for a map of subbasin 03-01-55. ' Table 17 Summary of DEH Growing Areas H-3, H-4, H-5, H-6 Classifications in Subbasin 03-01-55 Class SA Waters Assessment Unit # Growing Area Classification DEH Growing Area 30-22-8a PRO Stumpy Point Bay 30-22-8b PRO H-3 30-22-8c PRO Austin Creek 30-22-31 PRO H-4 Brooks Creek 30-22-28 PRO H-4 Duck Ponds and Isaac Pond 30-22-30-1-1 PRO H-4 Joe Saur Creek 30-22-29 PRO H-4 I Chapter 6—PasquotankRiverSubbasin 03-01-55 87 r� 30-22a1 APP 30-22a2 PRO 30-22b PRO 30-22c PRO Pamlico Sound 30-22d PRO H-4, H-5, H-6 30-22e PRO 30-22f PRO 30-22g PRO 30-22h PRO Sandy Bay 30-22-30a PRO H-4 30-22-30b APP The Slash 30-22-30-1 PRO H-4 Askins Creek 30-22-24 PRO H-5 Blackmar Gut 30-22-13 PRO H- Cape Creek 30-22-27 PRO H 5 Mill Creek 30-22-22 PRO H-5 PRO=Prohibited, CAC=Conditionally Approved Closed, CAO=Conditionally Approved Open 6.3.1 Stumpy Point Growing Area H-3 The following DWQ Class SA waters and the Impaired assessment units associated with these waters are located within Growing Area H-3. If the entire Class SA water is located within more than one growing area it is noted in Table 17 or refer to the basmwide Growing Area map in the Executive Summary. According to the Sanitary Survey of Stumpy Point, Area H-3 (DEHShellftsh Sanitation & Recreational Water Quality Section, May 2006), oyster production is considered fair and there is no clam production. The entire area consists of marsh and forest of the Alligator River National Wildlife Refuge with the exception of the community of Stumpy Point. The area has a total population of 230 people with little seasonal variation. The population is not expected to grow unless a WWTP is constructed to facilitate further development. There are two seafood businesses in area H-3. Stumpy Point Bay [AU# 30-22-8a, 30-22-8b and 30-22-8c] Stumpy Point Bay (2,147.0 acres) is Impaired for shellfish harvesting. Stumpy Point Bay is classified by DEH SS as prohibited in growing area H-3 due to potential fecal coliform bacteria levels. Stumpy Point Bay [AU# 30-22-8a, AU# 30-22-8b and 30-22-8c] will be added to the state's 303(d) list of Impaired waters. The Stumpy Point area does not have any central wastewater collection or treatment facilities. Unsuitable soils in this area leave homeowners with limited on -site wastewater treatment options. Currently, 63 of the 110 known septic systems are known to have straight pipe discharges that drain to a canal empting directly into Stumpy Point Bay, or have failed. A new WWTP to serve the residents of Stumpy Point has been proposed. A Septic Tank Effluent Pump 88 Chapter 6—PasquotankRiverSubbasin 03-01-55 u H E system would collect the wastewater in Stumpy Point and deliver it to a membrane bioreactor wastewater treatment plant to provide advanced tertiary biological treatment and accomplish disinfection by an ultraviolet light system. This system would discharge into Bayview Drive Canal. 6.3.2 Hatteras Growing Area H4 The following DWQ Class SA waters and the Impaired assessment units associated with these waters are located within Growing Area H-4. If the entire Class SA water is located within more than one growing area it is noted in Table 17 or refer to the basinwide Growing Area map m the Executive Summary. According to the Sanitary Survey ofHatteras Area, Area H-4 (DEMShelash Sanitation & Recreational Water Quality Section, May 2002, March 2007), an overall decline in water quality has occurred. As a result of the 2007 survey an additional 4.5 acres will be reclassified from approved to prohibited for shellfish harvesting. The area covers 5,800 acres, of which 229.5 acres are closed for shellfish harvesting. Oyster production is considered poor and clam production is poor. Samples taken near an area referred to as Little Ditch, showed extremely high bacteria counts, but no major pollution sources were noted Area H-4 is located along the Outer Banks at the western end of Hatteras Island where tourism is the main industry. Hatteras Village has an approximate population of 1,700 with an increase to 6,000 during peak tourist months; the Town of Frisco has approximately 700 permanent residents, increasing to 5,000. There is no WWTP within this area and all residences and businesses utilize conventional septic systems. Many of the septic systems are old and are installed in fill or coarse sand, allowing possible discharge to adjacent water via groundwater. Hatteras Landing uses a low-pressure pipe system for waste disposal. Additional multifamily residences are being built on fill in this area. Austin Creek (Clubhouse Creek) [AU# 30-22-31] Austin Creek (7.9 acres) is Impaired for shellfish harvesting. Austin Creek is classified by DEH SS as prohibited in growing area H-4 due to potential fecal coliform bacterial levels. Austin Creek will remain on the state's 303(d) list of Impaired waters. Brooks Creek [AU# 30-22-281 Brooks Creek (24.8 acres) is Impaired for shellfish harvesting. Brooks Creek is classified by DEH SS as prohibited in growing area H-4 due to potential fecal coliform bacterial levels. Brooks Creek will remain on the state's 303(d) list of Impaired waters. I Chapter 6 — Pasquotank River Subbasin 03-01-55 89 Duck Ponds and Isaac Pond [AU# 30-22-30-1-11 Duck Ponds and Isaac Pond (10.3 acres) are Impaired for shellfish harvesting. Duck Ponds and Isaac Pond are classified by DEH SS as prohibited in growing area H4 due to potential fecal coliform bacterial levels. Duck Ponds and Isaac Pond will be added to the state's 303(d) list of Impaired waters. Joe Saur Creek [AU# 30-22-291 Joe Saur Creek (17.9 acres) is Impaired for shellfish harvesting. Joe Saur Creek is classified by DEH SS as prohibited in growing area H-4 due to potential fecal coliform bacterial levels. Joe Saur Creek will remain on the state's 303(d) list of impaired waters. Portions of the Pamlico Sound [AU# 30-22b, 30-22c, 30-22d and 30-22e] Portions of the Pamlico Sound (66.0 acres) is Impaired for shellfish harvesting. The Pamlico Sound is classified by DEH SS as prohibited in growing area H4 due to potential fecal coliform bacterial levels. The Pamlico Sound will remain on the state's 303(d) list of Impaired waters. Sandy Bay [AU# 30-22-30a] Sandy Bay (37.6 acres) is Impaired for shellfish harvesting. Sandy Bay is classified by DEH SS as prohibited in growing area H-4 due to potential fecal coliform bacterial levels. Sandy Bay will remain on the state's 303(d) list of Impaired waters. The Slash [AU# 30-22-30-11 The Slash (30.9 acres) is a tributary to Sandy Bay and impaired for shellfish harvesting. The Slash is classified by DEH SS as prohibited in growing area H-4 due to potential fecal coliform bacterial levels. The Slash will remain on the state's 303(d) list of Impaired waters. 6.3.3 Outer Banks Growing Area H-5 Growing Area 90 The following DWQ Class SA waters and the Impaired assessment units associated with these waters are located within Growing Area H-5. If the entire Class SA water is located within more than one growing area it is noted in Table 17 or refer to the basinwide Growing Area map in the Executive Summary. According to the Sanitary Survey of Outer Banks, Area H-5 (DEHShellftsh Sanitation & Recreational Water Quality Section, October 2002, September 2006), water quality has declined in some areas. As a result of the 2006 survey approximately 15 acres will be closed to shellfish harvesting in Askins Creek and an additional 10 acres has been reclassified as prohibited near Salvo Marina. However, 120 acres in Chapter 6—PasquotankRiverSubbasin 03-01-55 7 Ill I the Cape Creak Area has been opened for shellfish harvesting Area H-5 includes 66,800 acres and oyster and clam production is considered fair. The survey area is characterized by three small -populated areas separated by miles of uninhabited dunes and marshes. The permanent population is estimated at 2,400 while seasonal tourism increases population to 40,000. Several hurricanes impacted this area during this last Sanitary Survey resulting in debris from destroyed houses, fuel tanks and vehicles being washed into the waterways. Most of the area is within Cape Hatteras National Seashore and will never be developed. Askins Creek [AU# 30-22-241 ' Askins Creek (4.9 acres) is Impaired for shellfish harvesting. Askins Creek is classified by DEH SS as prohibited in growing area H-5 due to potential fecal coliform bacterial levels. Askins Creek will remain on the state"s 303(d) list of Impaired waters. Beach Slue [AU# 30-22-91 Beach Slue is listed on the 2004 303(d) list of Impaired waters for shellfish harvesting. Beach Slue (76.9 acres) is currently Supporting for shellfish harvesting. Beach Slue is now classified by DEH SS as approved for harvesting, therefore DWQ will recommend that Beach Slue be ' removed from the state's 303(d) list of Impaired waters. Blackmar Gut [AU# 30-22-131 ' Blackmar Gut (4.6 acres) is Impaired for shellfish harvesting. Blackmar Gut is classified by DEH SS as prohibited in growing area H-5 due to potential fecal coliform bacterial levels. Blackmar Gut will be added to the state's 303(d) list of Impaired waters. Blackmar Gut is Not Rated on an evaluated basis in the aquatic life category due to WET failures associated with the Rodanthe/Waves/Salvo Reverse Osmosis (RO) Water Treatment Plant ' (WTP) (Permit NC0083909). Between January 2000 and December 2005, the facility failed to meet its 90 percent acute toxicity target effluent concentrations on four occasions. ' Cape Creek [AU# 30-22-271 Cape Creek (15.8 acres) is Impaired for shellfish harvesting. Cape Creek is classified by DEH ' SS as prohibited in growing area H-5 due to potential fecal coliform bacterial levels. Cape Creek will remain on the state's 303(d) list of Impaired waters. ' Eagle Nest Bay [AU# 30-22-21 Eagle Nest Bay was listed on the 2004 303(d) list of Impaired waters for shellfish harvesting. Eagle Nest Bay (55.5 acres) is currently Supporting for shellfish harvesting. Eagle Nest Bay is ' now classified by DEH SS as approved for harvesting, therefore DWQ will recommend that Eagle Nest Bay be removed from the state's 303(d) list of Impaired waters. 1 1 Chapter 6—PasquotankRiver Subbasin 03-01-55 91 Mi11 Creek [AU# 30-22-221 Mill Creek (16.2 acres) is Impaired for shellfish harvesting. Mill Creek is classified by DEH SS as prohibited in growing area H-5 due to potential fecal coliform bacterial levels. Mill Creek will remain on the state's 303(d) list of Impaired waters. Portions of the Pamlico Sound [AU# 30-22f, 30-22g and 30-22h] Portions of the Pamlico Sound (218.3 acres) are Impaired for shellfish harvesting. The Pamlico Sound is classified by DEH SS as prohibited in growing area H-5 due to potential fecal coliform bacterial levels. The Pamlico Sound will remain on the state's 303(d) list of impaired waters. Peters Ditch [AU# 30-22-231 Peters Ditch (2.7 acres) is Impaired for shellfish harvesting. Peters Ditch is classified by DEH r SS as prohibited in growing area H-5 due to potential fecal coliform bacterial levels. Peters Ditch will remain on the state's 303(d) list of Impaired waters. ' 1 92 Chapter 6—PasquotankRiver Subbasin 03-01-55 1 Chapter 7 Pasquotank River Subbasin 03-01-56 Including: Roanoke Sound and small portion of Albemarle and Currituck Sound 7.1 Subbasin Overview Subbasin 03-01-56 at a Glance Land and Water Area Total area: Land area: Water area: Land Cover (percent) Surface Water: Forest/Wetland: Urban: Cultivated Crop: Pasture/ Managed Herbaceous: Counties Dare 1o9 mil 37 mi2 72 mi2 Municipalities Kill Devil Hills, Nags Head, Kitty Hawk, Southern Shores 70% 22% 7% <1 % 2% Monitored Waterbody Statistics Recreation Total:- 134.9 mi/22,216.2 ac Supporting. 134.5 mi/22,211.5 ac Impaired 0.5 mi/4.7 ac Shellfish Harvesting. Total• 21,045.2 ac Supporting: 19,258.3 ac Impaired 1,786.9 ac This subbasin includes the Outer Banks from the northern portion of Dare County south to Oregon Inlet. It also includes portions of Currituck Sound, Albemarle Sound and Roanoke Sound. Ecologically, it is within the Carolinian Barrier Islands and Coastal Marshes ecoregions. Land cover generally consists of beaches, marshes, forested wetlands and evergreen forests with scattered urbanized areas, wildlife habitat and recreational areas. Several public lands and significant natural heritage areas can be found in this subbasin, including Jockey's Ridge State Park, Nags Head Woods Preserve, Run Hill State Natural Area, Wright Brothers National Memorial and Kitty Hawk Woods Coastal Reserve. Portions of Currituck and Dare Counties are in this subbasin. The Outer Banks have experienced rapid population growth and development with the Towns of Kill Devil Hills and Nags Head experiencing growth estimated at an increase of 39 and 47 percent by 2020, respectively. Refer to Chapter 11 for more information about population growth and trends. Water quality in areas with growing populations would benefit from individual or community implementation of backyard wetlands, rain gardens, bioretention areas, conversion of impervious surfaces, use of cisterns, streambank protection and restoration. The Kill Devil Hills Reverse Osmosis (RO) Water Treatment Plant (WTP) holds the only National Pollutant Discharge Elimination System (NPDES) minor permit in the subbasin with a permitted discharge of 0.03 MGD. The permit specifies that the facility monitor whole effluent toxicity (WET). During the last two years of the assessment period, WET tests show that the facility has failed to meet its 90 percent acute toxicity target effluent concentration on three occasions for both outfalls (outfall 001 and outfall 002). More information can be found in Section 7.4.1. There are six non -discharge permits and two stormwater discharge permits in this subbasin. For the listing of NPDES permit holders, refer to Appendix III. A map including the locations of the NPDES facilities and water quality monitoring stations is presented in Figure 9. Table 18 contains a summary of assessment unit numbers (AU#) and I Chapter 7 - Pasquotank River Subbasin 03-01-56 93 Figure 9 Pasquotank River Subbasin 03-01-56 o� \ a• DARE a,• (1N C N N S P ss Legend Municipality Cam_ ,j county Boundary QSubbasin Boundary Primary Roads Monitoring Stations 6 Ambient Monitoring Station ® Benthic Community Recreation Locations NPDES Dischargers Q Major n Minor Non -Dischargers O Major ,L Minor Aquatic Life Rating/ Shellfish Harvesting Rating Impaired No Data Not Rated Supporting Planning Section 0 1.25 2.5 5 7.5 10 Basinwide Planning Unit Miles January 8, 2007 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table 18 Pasquotank Subbasin 03-01-56 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter % Exc REC Rating Station Result SH Rating GA Stressors Sources Atlantic Ocean 99-(7)a SB 110.1 Coast Miles S N1 NCE N12 NCE N12A NCE N12B NCE N14 NCE N14A NCE N15 NCE N16A NCE N17 NCE N17A NCE N18 NCE NIA NCE N2 NCE N23 NCE N25 NCE N26 NCE N26B NCE N27 NCE N29B NCE N3 NCE N30 NCE N32 NCE N34 NCE N37 NCE N4 NCE N40 NCE N5A NCE N7 NCE N7A NCE N85A NCE N19 NCE The waters of the Atlantic Ocean contiguous to that portion of Pasquotank River Basin that extends from the North Carolina -Virginia State Line to the northeast tip of Ocracoke Island Pasquotank Subbasin 03-01-56 i M i M M M i M M M M s M M M M M M M M M! M M M M M M M M M M M M M= S Table 18 Pasquotank Subbasin 03-01-56 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter %Exc REC Rating Station Result SH Rating GA Stressors Sources ALBEMARLE SOUND 30fl SB 7,713.5 S Acres S N9A NCE Fecal Coliform Bacteria Marina Portion of Albemarle Sound in subbain 03-01-56. Waters of Albemarle Sound (All waters south and east of a line running in a southerly direction from Horniblow Point (North end of Norfolk-Southem Railroad Bridge) to a point of land on the east side of R 30f2 SB 0.1 S Acres I N91 CE Fecal Coliform Bacteria Marina Colington Harbor swimming beach Enterrococcus Unknown Pasquotank Subbasin 03-01-56 Table 18 Pasquotank Subbasin 03-01-56 Assessment Aquatic Life Ass AU Number Classification Length/Area Year/ Description AL Rating Station Result Parameter % Exc Shellfish Recreation Assessment Harvesting REC Rating Station Result SH Rating GA Stressors Sources 99-(7)b SB 0.5 Coast Miles Pdl; I N22 CE Enterrococcus Unknown Coastline 0.25 miles north and south of RECMON station N22 near Old Oregon Rd and NC12 99-(7)c SB 0.5 Coast Miles NR S N85 NCE Toxic Impacts WWTP NPDES Coastline 0.25 miles north and south of NC0070157 Blossie Creek 30-21-12 SA;HQW 33.3 S Acres t iE% S APP Entire Creek H-1 Colington Creek 30-19-la SC 758.1 SAcres r;D S N13A NCE Fecal Coliform Bacteria Marina From Kill Devil Hills Bridge north to Kitty Hawk Bay 30-19-lb SC 0.4 S Acres `D t N13 CE Fecal Coliform Bacteria Marina Wildlife Ramp on Bayview Dr. Enterrococcus Enterrococcus Unknown Fresh Water Lake at Kill Devil Hills 30-23 WS-III;CA 23.8 FW Miles Ni", Entire Lake Georges Creek 30-21-10 SA;HQW 3.0 S Acres From source to Roanoke Sound Lighthouse Bay 30-21-11 SA;HQW 19.3 S Acres Ni Entire Bay Pamlico Sound 30-22i SA;HQW 5,150.1 S Acres r '? Portion of Pamlico Sound (from Croatan and Roanoke Sounds to a line running from Sandy Point south of Stumpy Point Bay to the northeast tip of Ocracoke Island) in Subbasin 03-01-56 S N16 NCE r"D S APP H-1 NCi S APP H-1 "tf) S APP H-0 Pasquotank Subbasin 03-01-56 = M M M M M M= M M M= s M = = M M Table 18 Pasquotank Subbasin 03-01-56 Shellfish AU Number Classification Length/Area Assessment Aquatic Life Ass Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter %Exc REC Rating Station Result SH Rating GA Stressors Sources Pond Island 30-21-4b SA;HQW 40.3 S Acres C) S N20A NCE I PRO Fecal Coliform Bacteria The waters surrounding the Island within 1,000 feet from H-1 shore within subbasin 03-01-56 Roanoke Sound 30-21el SA;HQW 14,052.7 S Acres r;'' S N24 NCE S APP N88A NCE Those waters in 03-01-56 in the eastern portion of Roanoke 1-2 Sound, from a line running from Northwest Point on Roanoke Island northward to Rhodoms Point on Colington Island, thence a line running eastward through Wright Memorial Monument, to a line running 30-21e2 SA;HQW 4.2 SAcres .0 I N88 CE Enterrococcus Stormwater Runoff Jockey's Ridge Soundside Access 30-21f SA;HQW 1,177.4 S Acres NR r4F) I PRO Total Suspended Solids WWTPNPDES DEH closed area northeast of a line from Rhodams Point to Fecal Coliform Bacteria W WTP NPDES Mann Point including Buzzard bay Fecal Coliform Bacteria Marina 1-2 30-21g SA;HQW 26.3 SAcres NR P;C 1 PRO Low Dissolved Oxygen WWTPNPDES The waters of Roanoke sound which include those waters Fecal Coliform Bacteria around the Villa Condominium STP Outfall beginning at a point 35 degrees 57' S4" N- 75 degrees 38' 46" W, thence H-1 200 yards in a southwesterly direction to a point in the sound at 35 degrees 5748" N- 30-21h SA;HQW 405.0 SAcres '!`-' g N21B NCE I PRO Fecal Coliform Bacteria WWTPNPDES DEH closed area east of Pond Island adjacent of HWY 264 H-1 bridge 30-21i SA;HQW 100.7 S Acres '!G I PRO Fecal Coliform Bacteria DEH closed area adjacent to Mill Landing in subbasin 03- H-1 O1-56 30-21j SA;HQW 37.1 SAcres r!G P:v i PRO Fecal Coliform Bacteria DEH closed area in southern portion of Roanoke Sound H-1 adjacent to Big Tim Island Pasquotank Subbasin 03-01-56 0 Table 18 Pasquotank Subbasin 03-01-56 Shellfish AU Number Classification Length/Area Aquatic Life Assessment Recreation Assessment Harvesting Year/ Description AL Rating Station Result Parameter %Exe REC Rating Station Result SH Rating GA Use Categories: AL - Aquatic Life REC - Recreation 91- Shellfish Harvesting Monitoring data type: MF - Fish Community Survey MB - Benthic Community Survey MA - Ambient Monitoring Site ML- Lake Monitoring N- DEH RECMON GA - DEH SS Classification and Growing Area APP- Approved CAO- Conditionally Approved -Open CAC- Conditionally Approved -Closed PRO- Prohibited Stressors Sources Results: Use Support Ratings 2006: E - Excellent S -Supporting, I -Impaired G- Good NR- Not Rated GF - Good -Fair NR*- Not Rated for Recreation (screening criteria exceeded) F - Fair ND -No Data Collected to make assessment P - Poor NR+-Not rated because draft criteria used for rating NI - Not Impaired Results S- Severe Stress CE-Criteria Exceeded> 10%andmore than 10 samples M-Moderato Stress NCE-No Criteria Exceeded N- Natural Miles/Acres FW- Fresh Water S- Salt Water Aquatic Life Rating Summary Recreation Rating Summary Fish Consumption Rating Summary SheWish Harvesting Rating Summary NR a 1,203.7 S Acres S in 22,969.7 S Acres I e 29,670.0 S Acres S in 19,258.3 S Acres NR a 0.5 Coast Mile I in 4.7 S Acres I e 23.8 FW Miles I in 1,786.9 S Acres ND 28,466.3 S Acres S in 23.8 FW Miles I e 111.1 Coast Mile ND 23.8 FW Miles S in 110.6 Coast Milo ND 110.6 Coast Mile I in 0.5 Coast Mile ND 6,695.6 S Acres M = M M S Pasquotank Subbasin 03-01-56 7 lengths, streams monitored, monitoring data types, locations and results, along with use support ratings for waters in the subbasin. Many of the waters in subbasin 03-01-56 are classified for shellfish harvesting (Class SA). Many are also classified as High Quality Waters (HQW) or Outstanding Resource Waters (ORW). Several management strategies are in place to protect these waters. Neither benthic samples nor ambient stations are located in this subbasin; however, there are several recreational monitoring stations (RECMON) located throughout the subbasin. These stations are evaluated by the NC Division of Environmental Health (DEH). Long-term trends in water quality cannot be assessed in this subbasin. Refer to the 2006 Pasquotank River Basinwide Assessment Report http://h2o.enr.state.nc.us/esb/Basinwide/PASQUOTANK2006Final.pdf and Appendix I for more information on monitoring. Waters in the following sections and in Table 18 are identified by an assessment unit number (AU#). This number is used to track defined segments in the water quality assessment database, list 303(d) Impaired waters, and is used to identify waters throughout the basin plan. The AU# is a subset of the DWQ index number (classification identification number). A letter attached to the end of the AU# indicates that the assessment is smaller than the DWQ index segment. No letter indicates that the AU# and the DWQ index segment are the same. 7.2 Use Support Assessment Summary All surface waters in the state are assigned a classification appropriate to the best -intended use of that water. Waters are regularly assessed by DWQ to determine how well they are meeting their best -intended use. Table 19 provides a summary of use support for waters in subbasin 03-01-56. In subbasin 03-01-56, use support was assigned for aquatic life, recreation, fish consumption and shellfish harvesting. Waters are Supporting, Impaired, Not Rated and No Data in the aquatic life and recreation categories on a monitored or evaluated basis. All waters are Impaired in the fish consumption category on an evaluated basis based on fish consumption advice issued by the Department of Health and Human Services (DHHS). There are no water supply watersheds designated in this subbasin. Criteria for making use support determinations for the shellfish harvesting category were based on Division of Environmental Health (DEH) Sanitary Surveys (SS) growing area classifications The problem parameter for all shellfish waters is the potential for fecal coliform standards exceedances. Differences in acreage estimates between basin cycles are not just related to changes in water quality. Changes in acreage are related to more refined methods of estimating acreages, changes in growing area classifications, extension of closure areas as a result of additional boat slips, and to changes in use support methodology. For more information about use support determinations, refer to Appendix II or the Supplemental Guide to North Carolina's Basimvide Planning: Support Document for Basimvide Water Quality Plans found at DWQ's website http://l12o.enr.state.nc.us/basinNvide/SupplemenWGuide.htTm Appendix V provides definitions of the terms used throughout this basin plan. I 100 Chapter 7—PasquotankRiverSubbasin 03-01-56 1 n Table 19 Summary of Use Support Ratings by Category in Subbasin 03-01-56 Use Support Aquatic Life Recreation Shellfish Harvesting Rating Freshwater Saltwater Freshwater I Saltwater Freshwater Saltwater Monitored Waters Supporting 0 0 23.8 mi 110.6 mi 0 19,258.3 ac 22 969.7 ac Impaired 0 0 0 0.5 mi 4.7 ac 0.02% 0 1,786.9 ac 8.5% Total 0 0 23.8 mi 111.1 mi 0 21,045.2 ac 22,974.4 ac Unmonitored Waters Not Rated 0 0.5 mi 0 0 0 0 1,203.7 ac No Data 23.8 nu 110.E 0 6,695.6 ac 0 0 28,466.3 tic Total 23.8 mi 111.1 mi 0 6,695.6 ac 0 0 28 771.4 ac otals All Waters 23.8 mi 111.1 mi 23.8 mi 111.1 mi 0 21,045.2 ac 28,771.8 ac 29,670 ac ' ' The noted percent Impaired is the percent of monitored milealacres only. 7.3 Status and Recommendations of Previously and Newly Impaired ' Waters The following waters were either identified as Impaired in the previous basin plan (2002) or are ' newly Impaired based on recent data If previously identified as Impaired, the water will either remain on the state's 303(d) list or will be delisted based on recent data showing water quality improvements. If the water is newly Impaired, it will likely be placed on the 2008 303(d) list. The current status and recommendations for addressing these waters are presented below, and each is identified by an AU#. Information regarding 303(d) listing and reporting methodology is presented in Chapter 15. For more information about use support determinations for the Impaired Class SA waters presented in Table 20 below, refer to Appendix II or the Supplemental Guide to North Carolina's Basimvide Planning. Support Document for Basinwide Water Quality Plans found at DWQ's website http://h2o.enr.state.nc.us/basinwide/Supi)lementaIGuide.htm. Refer to Figure 9 for a map of subbasin 03-01-56. Table 20 Summary of DEH Growing Areas H-1, I-2 Classifications in Subbasin 03-01-56 . Class SA Waters Assessment Unit # Growing Area Classification DEH Growing Area Pond Island 30-21-4b PRO H-1 30-21el APP 30-21 e2 APP 30-21 f PRO Roanoke Sound 30-21g PRO H-1, I-2 30-21h PRO 30-21 i PRO 30-21' PRO PRO=Prohibited, CAC=Conditionally Approved Closed, CAO=Conditionally Approved Open Chapter 7—PasquotankRiver Subbasin 03-01-56 101 CI 7.3.1 Eastern Shore of Roanoke Sound Growing Area H-1 Growing Area H-1 over 60,000 during summer months. The following DWQ Class SA waters and the Impaired assessment units associated with these waters are located within Growing Area H-1. If the entire Class SA water is located within more than one growing area it is noted in Table 20 or refer to the basinwide Growing Area map in the Executive Summary. According to the Sanitary Survey of Roanoke Sound, Area H-1(DEHShellfish Sanitation & Recreational Water Quality Section, October 2002 and August 2006), little changes in water quality were detected. Roanoke Sound is bordered on the east by the Outer Banks and on the west by Roanoke Island. H-1 is located in Dare County, undergoing rapid population growth and large influxes in seasonal populations. Nags Head has an estimated permanent population of 3,200 with an increase to Nags Head area continues to have significant construction of seasonal residences and retail businesses adding to impervious surface cover. Much of the construction ties into the municipal wastewater treatment system with land application disposal or package plants with low-pressure pipe drain fields for final effluent disposal. One of the two septic systems operated by the US National Park Service was found to be failing during the 2006 survey. As a result of the 2002 survey an additional 10 acres of shellfishing waters were closed at the canals of Old Nags Head Cove. Pond Island [AU# 30-21-4b] Pond Island (40.3 acres) is Impaired for shellfish harvesting. Pond Island is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacteria levels. Pond Island will remain on the state's 303(d) list of Impaired waters. Roanoke Sound (Jockey's Ridge Soundside) [AU# 30-21e2] Roanoke Sound at Jockey's Ridge State Park (4.2 acres) is Impaired in the recreation category based on RECMON exceedences at site N88 for enterococci bacteria. The sampling location is near the storm drain just south of Jockey's Ridge. This section of the Roanoke Sound will be added to the state's 303(d) list of Impaired recreational waters. Roanoke Sound [AU# 30-21g] 2002 Status DEH posted a swimming advisory for a portion of the Roanoke Sound centered around the discharge associated with the Villas Association, Inc. The Villas is a residential/resort 102 Chapter 7—PasquotankRiverSubbasin 03-01-56 J community in the Town of Nags Head. The advisory was posted in 1998. In 2002, the Villas ' Association received a non -discharge permit to eliminate the direct discharge to Roanoke Sound. The facility is now utilizing a land application method for its treated wastewater. Current Status Roanoke Sound (26.3 acres) is Impaired for shellfish harvesting. This section of the sound is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacteria levels. This section of the Roanoke Sound will be remain on the state's 303(d) list of Impaired waters for shellfish harvesting. ' This segment of the Roanoke Sound [AU# 30-21g] is Not Rated for recreation due to concerns with the previous WWTP discharges and will remain on the 303(d) list until further bacterial assessment is completed. No RECOM samples were collected in this section of the Roanoke ' Sound. The RECMON sampling location closest to the Villas is near the storm drain just south of Jockey's Ridge. DEH has had 35 advisory days at this location since the 2004 swimming season. Roanoke Sound [AU# 30-21h, 30-21i and 30-21j] ' Current Status These segments of the Roanoke Sound (542.8 acres) are Impaired for shellfish harvesting. This portion of the Roanoke Sound is classified by DEH SS as prohibited in growing area H-1 due to potential fecal coliform bacteria levels. Roanoke Sound will remain on the state's 303(d) list of Impaired waters. 1 7.3.2 Eastern Shore of Roanoke Sound Growing Area I-2 Growing Area 1-2 SZ 4. s � =� The following DWQ Class SA waters and the Impaired assessment units associated with these waters are located within Growing Area I-2. If the entire Class SA water is located within more than one growing area it is noted in Table 20 or refer to the basinwide Growing Area map in the Executive Summary. According to the Sanitary Survey of Eastern Albemarle Sound, Area I-2 (DEH Shellfish Sanitation & Recreational Water Quality Section, June 2005), water quality has improved with a few exceptions. The only shellfish present in this area is Rangia clams. The estimated population of this area is 11,000 people, which is a 50 percent increase since the last survey. With the influx of tourists the population in this area more than triples. There are 15 subdivisions, many of which are located along waters closed for shellfish harvesting. Chapter 7—PasquotankRiver Subbasin 03-01-56 103 Roanoke Sound (Buzzard Bay) [AU# 30-21fj Roanoke Sound (1,177.4 acres) is Impaired for shellfish harvesting. This impaired section runs from Rhodams Point to Mann Point and includes Buzzard Bay. It is classified by DEH SS as prohibited in growing area I-2 due to potential fecal coliform bacteria levels. This section of the Roanoke Sound will remain on the state's 303(d) list of Impaired waters. 7.3.3 Previously or Currently Impaired Freshwater and Non -Shellfish Harvesting Waters Albemarle Sound [AU# 30f2] The Colington Harbor Swimming Beach in the Albemarle Sound (0.1 acres) is Impaired in the recreation category based on recreational monitoring (RECMON) exceedances at site N91. This section of Albemarle Sound -,ill be added to the state's 303(d) list of Impaired recreational waters. Atlantic Ocean [AU# 99-(7)bl This 0.5 mile of coast line is Impaired in the recreation category based on RECMON exceedeces at site N22. This section of the Atlantic coastline will be added to the state's 303(d) list of Impaired recreational waters. Colington Creek [AU# 30-19-1b] Colington Creek (0.4 acres) is Impaired in the recreation category based on recreational monitoring (RECMON) exceedances at site N13. During the assessment period extreme elevated bacteria counts were detected. Shore birds and other waterfowl are abundant in this area The predominant southwest winds lead to limited flushing rates and often the waters become stagnant adjacent to the shoreline. Also, a dock was being built at the end of Dock Street, which was the location of the sampling site. During construction, sediments that include bacteria were being re -suspended in the water column by the pumping of pilings and the use of heavy equipment. This sampling station (N13) has now been dropped and replaced with a station (N13a) about 200 yards offshore. 7.4 Status and Recommendations for Waters with Noted Impacts The surface waters discussed in this section are not Impaired. However, notable water quality problems and concerns were documented for these waters during this assessment. Attention and resources should be focused on these waters to prevent additional degradation and facilitate water quality improvements. 7A.1 Atlantic Ocean [AU# 99-(7)c] The Dare County Reverse Osmosis (RO) WTP (Permit NC0070157) for Kill Devil Hills discharges to an unnamed tributary that reaches this 0.5-mile section of the Atlantic coastline. The permit specifies that the facility monitor whole effluent toxicity (WET). During the last two years of the assessment period, WET tests show that the facility has failed to meet its 90 percent acute toxicity target effluent concentration on three occasions for both outfalls (outfall 001 and outfal1002). DWQ regional office staff report that outfall 001 is currently in compliance per the 104 Chapter 7 — Pasquotank River Subbasin 03-01-56 J permit; however, outfall 002 is showing high levels of chlorine. DWQ staff is working with the facility to ensure that both outfalls are in compliance per permit limits. 7.5 Additional Water Quality Issues within Subbasin 03-01-56 The previous sections discussed water quality concerns for specific stream segments. The following section discusses issues that may threaten water quality in the subbasin that are not specific to particular streams, lakes, or reservoirs. The issues discussed may be related to waters near certain land use activities or within proximity to different pollution sources. Several pump stations contribute to the Kill Devil Hills WWTP non -discharge system (Permit WQ0002829), which have been non -compliant because of maintenance issues. Improved operational management and the possible consolidation of ownership of the pump stations would make inspections easier and maintenance issues could possibly be resolved. The facility is also expanding from 300,000 GPD to 500,000 GPD. Town ofNa s��Head In the fall of 2000, the Town of Nags Head implemented the Septic Health Initiative to improve management of septic systems and to reduce a potential source of microbes. This initiative includes four major programs including a public education program, septic tank inspection and pumping, water quality monitoring and the development of a long term decentralized wastewater management plan. This voluntary program is designed to encourage homeowners to have their septic systems inspected and pumped on a regular basis by providing refunds for inspection costs and utility credits for septic pumping. A homeowner low interest loan program also promotes the replacement of failing systems. The development of a decentralized wastewater management plan is Nags Head's long-term strategy in protecting water quality while allowing the continued use of on -site wastewater systems.(http://NNNvNv.toNvnofnagshead.net) Chapter 7 — PasquotankMver Subbasin 03-01-56 105 permit; however, outfall 002 is showing high levels of chlorine. DWQ staff is working with the facility to ensure that both outfalls are in compliance per permit limits. 7.5 Additional Water Quality Issues within Subbasin 03-01-56 The previous sections discussed water quality concerns for specific stream segments. The following section discusses issues that may threaten water quality in the subbasin that are not specific to particular streams, lakes, or reservoirs. The issues discussed may be related to waters near certain land use activities or within proximity to different pollution sources. Several pump stations contribute to the Kill Devil Hills WWTP non -discharge system (Permit WQ0002829), which have been non -compliant because of maintenance issues. Improved operational management and the possible consolidation of ownership of the pump stations would make inspections easier and maintenance issues could possibly be resolved. The facility is also expanding from 300,000 GPD to 500,000 GPD. Town ofNa s In the fall of 2000, the Town of Nags Head implemented the Septic Health Initiative to improve management of septic systems and to reduce a potential source of microbes. This initiative includes four major programs including a public education program, septic tank inspection and pumping, water quality monitoring and the development of a long term decentralized wastewater management plan. This voluntary program is designed to encourage homeowners to have their septic systems inspected and pumped on a regular basis by providing refunds for inspection costs and utility credits for septic pumping. A homeowner low interest loan program also promotes the replacement of failing systems. The development of a decentralized wastewater management plan is Nags Head's long-term strategy in protecting water quality while allowing the continued use of on -site wastewater systems. (http:/hvww.toNvnofnagshead.net) I Chapter 7—PasguotankRiverSubbasin 03-01-56 105 1 Section B - Chapter 8 Tar -Pamlico River Subbasin 03-03-08 ' Pamlico Sound, Lake Mattamuskett and Swanquarter Bay CCCCCCCCCCCCCCCCCCCCCCCCCccc=cCCCCCCCCCCCCc=c:cc=cc t8.1 Subbasin Overview NW." With the exception of the Outer Banks, this subbasin is Subbasin 03-03-08 at a Glance one of the most rural on the coast. Lake Mattamuskeet and the Swanquarter National Wildlife Refuges also cover Land and Water Area large areas in this subbasin. The predominant land cover ' Total area: 1,220.0 miz is forest and wetland with some cultivated cropland. Land area: 356.1 miz Water area: 863.9 mil There are seven NPDES wastewater discharge permits in ' Population Statistics this subbasin with a total permitted flow of 0.58 MGD 2000 Est. Pop.: 9,053 people (Figure B-8). There is also one general NPDES Pop. Density: 25 persons/mil stormwater permit in the subbasin. Refer to Appendix I ' for identification and more information on individual Land Cover (percent) NPDES permit holders. Significant issues related to Forest/Wetland: 21.3 compliance with NPDES permit conditions are discussed ' Surface Water: 71.0 below. There are also four registered animal operations Urban: 0.2 Cultivated Crop: 7.3 in this subbasin. ' Pasture/ Managed Herbaceous: 0.2 Fish tissue data have been from the Atlantic Ocean in this subbasin. DEH monitors four swimming areas and five Counties shellfish growing areas in the basin as well (Figure B-8 ' Carteret, Dare, Hyde and Pamlico and Table 13-15). Municipalities Swanquarter and Englehard Refer to 2003 Tar -Pamlico River Basinwide Assessment Report at http://www.esb.enr.state.nc.us/bar.htmi and Section A, Chapter 3 for more information on monitoring. ' Use support ratings for all waters in subbasin 03-03-08 are summarized in Part 8.2 below. Recommendations, current status and future recommendations for waters that were Impaired in 1999 are discussed in Part 8.3 below. Current status and future recommendations for newly ' Impaired waters are discussed in Part 8.4 below. Waters with noted water quality impacts are discussed in Part 8.5 below. Water quality issues related to the entire subbasin are discussed in Part 8.6. Refer to Appendix III for a complete list of monitored waters and more information on ' Supporting monitored waters. 1 Section B: Chapter 8 - Tar -Pamlico River Subbasin 03-03-08 153 Figure B-8 Tar -Pamlico River Subbasin 03-03-08 10 0 10 Miles Planning Branch Basinwide Planning Program Unit April 22, 2004 M Table B-15 DWO Assessment and Use SUDDort Ratines Summary for Monitored Waters in Subbasin 03-03-08 Data Type with Map Number and Use Sup ort Rating Assessment Unit Length/ Data Results Biological Ambient Other Waterbody Number DWQ Classification Area Category 2004 1998 Pamlico Sound Swanquarter Bay/Juniper Bay ORW Area, including the Northeast Swanquarter Bay A-44 to Area 29-46.5 SA ORW 11,670.0 ac AL A-46 nce S Lake Mattamuskeet 29-57-1-1 SC 40,314.1 ac AL L-I nce S Swanquarter Bay 29-49a SA ORW 136.2 ac REC DEH nce S Atlantic Ocean 99-(6) SB 17.3 mi FC I See Appendix III 189 segments ISA 505621.5 ac I SH DEH nce S See Appendix III 123 segments ISA 2404.6 mi I SH DEH ce I Assessment Unit Number - Portion of DWQ Classified Index where monitoring is applied to assign a use support rating. Use Categories: Monitoring data type: Bioclassifcations: Use Support Ratings 2004: AL - Aquatic Life F - Fish Community Survey E - Excellent N - Natural S - Supporting, I - Impaired, NR - Not Rated REC - Recreation B - Benthic Community Survey G - Good MS - Moderate Stress FC - Fish SF - Special Fish Community Study GF - Good -Fair SS - Severe Stress Use Support Ratings 1998: Consumption SB - Special Benthic Community Study A - Ambient Monitoring Site F - Fair FS - fully supporting, ST - supporting but threatened, P - Poor PS - partially supporting, NS - not supporting, L - Lakes Assessment Ambient Data INR - not rated, N/A - not applicable FT - Fish Tissue Site nce - no criteria exceeded ce - criteria exceeded Section B: Chapter 8 - Tar -Pamlico River Subbasin 03-03-08 155 J 8.2 Use Support Assessment Rating Summary Use support ratings were assigned for waters in subbasin 03-03-08 in the aquatic life, recreation, ' fish consumption and shellfish harvesting categories. All waters are Impaired on an evaluated basis in the fish consumption category because of statewide fish consumption advice for mercury that is applied in this category to basins east and south of I-85 (page 90). Also, 17.3 Atlantic , coastline miles are Impaired in the fish consumption category based on fish tissue monitoring data. There were 509,926.1 estuarine acres (93 percent) monitored during this assessment period in the aquatic life category. There were no Impaired acres in the aquatic life category. There are 2,404.6 estuarine acres Impaired in the shellfish harvesting category. Refer to Table 13-16 for a summary of use support ratings for waters in the subbasin 03-03-08. Table 13-16 Summary of Use Support Ratings by Category in Subbasin 03-03-08 Use Support Rating Aquatic Life Fish Consumption Recreation Shellfish Harvesting Monitored Waters Supporting 509,926.1 Est ac 0 136.2 Est ac 505,621.5 Est ac Impaired 0 17.3 coastline mi 0 2,404.6 Est ac Not Rated 0 0 0 0 Total 509,926.1 Est ac 17.3 coastline mi 136.2 Est ac 508,026.1 Est ac Unmonitored Waters Supporting 77.0 Est ac 0 0 0 Impaired 0 71.3 mi 548,788.2 Est ac 0 0 Not Rated 28.5 mi 0 0 0 No Data 42.7 mi 38,785.1 Est ac 17.3 coastline mi 0 71.3 mi 548,652.0 Est ac 17.3 coastline mi 0 Total 71.3 mi 38,862.2 Est ac 17.3 coastline mi 71.3 mi 548,788.2 Est ac 71.3 mi 548,652.0 Est ac 17.3 coastline mi 0 Totals All Waters 71.3 mi 548,788.2 Est ac 17.3 coastline mi 71.3 mi 548,788.2 Est ac 17.3 coastline mi 71.3 mi 548,788.2 Est ac 17.3 coastline mi 508,026.1 Est ac I I r L 7 Section B: Chapter 8 - Tar -Pamlico River Subbasin 03-03-08 156 1 I. ' 8.3 Status and Recommendations of Previously Impaired Waters ' 8.3.1 Impaired Class SA Waters Portions of Class SA waters were partially supporting in the 1999 basin plan because they were classified as prohibited to shellfish harvesting by DEH SS. No specific recommendations were made to address bacterial contamination in these waters in the 1999 basin plan. Because of changes in use support methodology, there are changes in the acreages and areas that are ' Impaired in the shellfish harvesting use category. These waters are discussed below in Part 8.4.2. ' 8.4 Status and Recommendations of Newly Impaired Waters Waters in the following section are identified by assessment unit number (AU#). This number is used to track defined segments in the water quality assessment database, 303(d) Impaired waters list, and the various tables in this basin plan. The assessment unit number is a subset of the DWQ index number (classification identification number). A letter attached to the end of the AU# indicates that the assessment is smaller than the DWQ index segment. No letter indicates that the assessment unit and the DWQ index segment are the same. 7� 8.4.1 Atlantic Ocean [AU# 99-(6)] Current Status and 2002 Recommendations The Atlantic Ocean (17.3 coastline miles) is currently Impaired in the fish consumption category because there is a statewide consumption advice for mercury in fish tissue that is applied to waters east and south of I-85, including the Atlantic Ocean where king mackerel fish tissue was analyzed in 1999. 8.4.2 Impaired Shellfish Harvesting Waters (Class SA) Current Status The following groups of waters are Impaired in the shellfish harvesting category. The current status is discussed briefly for each below. Recommendations are presented at the end of this section for all the Impaired waters. Refer to Appendix III for descriptions of the specific assessment units areas. Pamlico River [AU# 29-(40.5) b, c, d and e] Portions of the Pamlico River (759.3 acres) adjacent to Middle Town, Long and Far Creeks near Ocracoke are currently Impaired because these areas are prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Middle Town Creek and Far Creek are part of DEH shellfish growing area G-5. The Long Creek area is part of DEH shellfish growing area G-3. The Ocracoke area is part of DEH shellfish growing area G-6. DEH sanitary surveys indicate fair clam and oyster production in G-6, and good oyster production in G-5 and G-3. I Section B: Chapter 8 - Tar -Pamlico River Subbasin 03-03-08 157 Rose Bay [AU# 29-44a] and Rose Bay Creek [AU# 29-44-11 Rose Bay and Rose Bay Creek (472.3 acres) are currently Impaired because these areas are prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). These segments are part of DEH shellfish growing area G-3. DEH sanitary surveys indicate good oyster production in G-3, with no clam production. Germantown Bay and Tributaries [AU# 29-42-1a] Germantown Bay and tributaries (241.6 acres) are currently Impaired because these areas are prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Germantown Bay and tributaries are part of DEH shellfish growing area G-3. DEH sanitary surveys indicate good oyster production in G-3, with no clam production. Swanquarter Bay [AU# 29-49a] Swanquarter Bay and tributaries (171.5 acres) are currently Impaired because these areas are prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Swanquarter Bay and tributaries are part of DEH shellfish growing area G-3. DEH sanitary surveys indicate good oyster production in G-3, with no clam production. Juniper Bay [AU# 29-52a] Juniper Bay and tributaries (86.0 acres) are currently Impaired because these areas are prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Juniper Bay and tributaries are part of DEH shellfish growing area GA DEH sanitary surveys indicate fair oyster production in G-4, with no clam production. Wysocking Bay [AU# 29-60a] Wysocking Bay (126.3 acres) is currently Impaired because this area is prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Wysocking Bay is part of DEH shellfish growing area G-4. DEH sanitary surveys indicate fair oyster production in G-4, with no clam production. Middle Town Creek [AU# 29-661 Middle Town Creek (71.5 acres) is currently Impaired because this area is prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Middle Town Creek is part of DEH shellfish growing area G-5. DEH sanitary surveys indicate good oyster production in G-5, with no clam production. Cedar Creek [AU# 29-671 Cedar Creek (12.1 acres) is currently Impaired because this area is prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Cedar Creek is part of DEH shellfish growing area G-5. DEH sanitary surveys indicate good oyster production in G-5, with no clam production. Lone Tree Creek [AU# 29-691 Lone Tree Creek (1.8 acres) is currently Impaired because this area is prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Lone Tree Creek is part of DEH shellfish growing area G-5. . DEH sanitary surveys indicate good oyster production in G-5, with no clam production. J 1 U Section B: Chapter 8 - Tar -Pamlico River Subbasin 03-03-08 158 1 Far Creek and Tributaries [AU# 29-70-(4)] Far Creek and tributaries (545.8 acres) are currently Impaired because these areas are prohibited ' or permanently closed to shellfish harvesting by DEH SS (page 51). Far Creek and tributaries are part of DEH shellfish growing area G-5. DEH sanitary surveys indicate good oyster production in G-5, with no clam production. ' Berrys Bay [AU# 29-71a] Berrys Bay (1.8 acres) is currently Impaired because this area is prohibited or permanently ' closed to shellfish harvesting by DEH SS (page 51). Berrys Bay is part of DEH shellfish growing area G-5. DEH sanitary surveys indicate good oyster production in G-5, with no clam production. ' Long Shoal River [AU# 29-73-(2) a and c] Long Shoal River and tributaries (455 acres) are currently Impaired because these areas are prohibited or permanently closed to shellfish harvesting by DEH SS (page 51). Long Shoal ' River and tributaries are part of DEH shellfish growing area G-5. DEH sanitary surveys indicate good oyster production in G-5, with no clam production. 2004 Recommendations DEH SS will continue to monitor bacterial water quality. DWQ, DEH, DCM are currently developing tools to better track water quality changes, make use support assessments, and ' support research in shellfish harvesting waters of North Carolina. The North Carolina Coastal Nonpoint Source Program (page 176) is developing a series of programs to help local governments address bacterial contamination in coastal waters. DWQ is also cooperating with ' DCM to assure that water quality problems identified in basinwide water quality plans are considered in development of local land use plans in coastal counties. 8.5 Status and Recommendations for Waters with Noted Impacts Waters in the following section are identified by assessment unit number (AU#). This number is ' used to track defined segments in the water quality assessment database, 303(d) Impaired waters list, and the various tables in this basin plan. The assessment unit number is a subset of the DWQ index number (classification identification number). A letter attached to the end of the AU# indicates that the assessment is smaller than the DWQ index segment. No letter indicates that the assessment unit and the DWQ index segment are the same. ' The surface waters discussed in this section are not Impaired. However, notable water quality problems and concerns have been documented for these waters based on this assessment. While these waters are not Impaired, attention and resources should be focused on these waters to ' prevent additional degradation or facilitate water quality improvement. 8.5.1 Lake Mattamuskeet [AU# 29-57-1-11 ' Current Status and 2004 Recommendations Lake Mattamuskeet (40,314 acres) is currently Supporting in the aquatic life category based on ' lakes monitoring data at site L-1. Both nitrogen and turbidity were elevated during monitoring ISection B: Chapter 8 - Tar -Pamlico River Subbasin 03-03-08 159 in 2002. Lake levels were low during the drought and bottom material may have been mixed readily into the water column. DWQ will continue to monitor water quality in Lake Mattamuskeet. Land -disturbing activities should implement BMPs to minimize or prevent future impacts to water quality in the Lake Mattamuskeet watershed. 8.5.2 Boundary Canal [AU# 29-70-5-2-11 Current Status and 2004 Recommendations Boundary Canal (28.5 miles) is currently Not Rated in the aquatic life category because of six whole effluent toxicity failures at the Hyde County -Fairfield water treatment plant during the last two years of the assessment period. DWQ is working with Hyde County to minimize potential impacts to aquatic life that may be caused by the discharge. 8.6 Additional Water Quality Issues within Subbasin 03-03-08 This section discusses issues that may threaten water quality in the subbasin that are not specific to particular streams, lakes or reservoirs. The issues discussed may be related to waters near certain land use activities or within proximity to different pollution sources. 8.6.1 Impacts of Post -Hurricane De -Snagging on Instream Habitats Many streams in the subbasin have noted impacts from the recent hurricanes. The biological community in the streams can recover rapidly if instream habitat is maintained. De -snagging operations should carefully remove debris from stream channels to restore natural flow and leave enough instream habitats so the biological community can recover. For more information on this issue, refer to page 81. Section B: Chapter 8 - Tar -Pamlico River Subbasin 03-03-08 160