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HomeMy WebLinkAboutSurface Water Use Plan-2002DCM COPY-,' DONOT REMOVE;;, AUG 7 2002 ACKNOWLEDGEMENTS BOARD OF ALDERMEN Avery Roberts, Jr. Mayor RobertA. O'Quinn Mayor Pro Tem Edward J. Miastkowski Alderman Barry Mowbray Alderman Kim Whitten Alderman Trey Jordan Alderman Elect SURFACE WATER USE PLAN ADVISORY COMMITTEE Jim Busby Kay Crocker David Floyd Laura Head Liz Ivins Pat Lowe Mike Merritt Arland Whitesides Martin Willard Steve Wright TOWN PLANNING BOARD Larry Mahl, Chairman Matt Nichols Peggy Gentry Martie Rice Tony M. Sease Dr Bill Sisson Susan Watson RECREATION ADVISORY COMMITTEE Bill Johnson Susan Creasy Jim Griener Kitty Brunjes TOWN OF WRIGHTSVILLE BEACH STAFF INVOLVED Andy Honeycutt Town Manager Tony Caudle Former Town Manager Andrea Surratt Planning & Inspections Director 7o6 Bruner Former Planning & Inspections Director Carey Disney, Planning Technician John Carey Police Chief Michael Stokes Parks and Recreation Director Don Zearfoss Reserve Police Officer (Anchorage) John C. Wessell, HI Town Attorney CONSULTING PLANNER Glenn Harbeck, Glenn Harbeck Associates "The preparation of this report was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration." TECHNICAL ADVISORS/ RESOURCE PEOPLE Greg Basinger Bridge Maintenance Engineer, NC Dept of Transportation Tim Bullock Enforcement Officer, NC Wildlife Resources Commission Walter Clark Marine Law Specialist, UNC-Sea Grant Dave Dixon Ensign, US Coast Guard Marine Safety Office Brian Eure Enforcement Officer, NC Marine Patrol John Fullerton City of Wilmington Scott Hall Senior Chief, US Coast Guard Station, Wrightsville Beach Keith Harris Navigation Section, US Army Corps of Engineers Ann Hines Chief Zoning Officer, New Hanover County Jeremy Humphrey NC Division of Environment, Health, Shellfish Sanitation Jeff Novotny Lt. Com., US Coast Guard, Port Operations and Planning Jim Luther US Power Squadron Dan McDonald Liaison to the USCG Auxiliary, US Coast Guard Jim Nelson US Power Squadron Patrick Oxenrider MK2, US Coast Guard Station, Wrightsville Beach Bob Sattin Chief of Navigation, US Army Corps of Engineers Tom Shaw US Coast Guard Auxiliary Donna Sauer US Coast Guard Auxiliary Rhonda Smith Sergeant, New Hanover County Sheriffs Marine Patrol Joan Troy No Wake Zones, NC Wildlife Resources Commission Jim Walker City of Wilmington Josh Walls BM2, US Coast Guard Station, Wrightsville Beach Bill Wollack AssL City Attorney, City of Wilmington SPECIAL THANKS Jim Herstine Assist. Prof, Parks and Recreation Management, UNC W Wendy Larimer SBTDC, Marine Trades Services LAND SIDE SURVEYS OF BOATERS ADMIIYISTERED BY: Students from the University of North Carolina at Wilmington (Jim Herstine, Professor) Glenna Aycock Troy Beasley Jamey Bowling Chris Bridgers Eric Caison Mike Ferguson Erik Herstine Jon Hoban Melissa Hooker Candace Hughes Jessica Jablonski Suzanne Leach Eric Los Chandler Madray Mike Malcolm Jeff Martens Cory Mashburn Angela Mathieu US Coast Guard F1odua 10-01 Aboard Re-Bil Bill Knoll Bill Loschiavo Aboard Crustal Bluebird Bill Varker Stanley Colbert Tamesha Moore Jerri Morehead John Mudd Matt Nappo Brooke Newton Jeff Owen Betsy Patrick Pete Peleuses Will Pridgen !iary Members Brook Saunders Carol Smith Kat Sparrow Julia Stancil Chad Trader Mandy Uticone Lauren Walden Leslie Ward Carrie Warwick Flotil/a 10-06 ' Aboard Aboard Chota Peg IV 19 SeaRay Tom Shaw Harry Stone , Salvatore Pipitone Dick Fisher 11 Thanks, also to the nearly 300 boaters who participated in the special survey of boaters at Wrightsville Beach conducted Saturday September 1, 2001. Tuesday, June 19, 2001, Jack Aardema Todd Atkinson Keith Beatty Claude Bridger Eddie Collins Kay Crocker Jennifer DiLuilo George Erkes Tom Harkins Chuck Hicks Dan G. Johnson Charlie Kroger Mary Lou McJunkin Dan Miller Barry Mowbray Leigh Murray' Bob Philpott Avery Roberts, Jr. Angela Smith Rhonda Smith Albert Stevens Sam Thompson Bill Traina Joe Tysinger Charlie Vernon Kim Whitten Wrightsville Beach Claude Arnold Bradley Creek Ben A. Bagget Wrightsville Beach C.L.Booth Wilmington, W Beach Tony Butler Wrightsville Beach Nancy Faye Craig Wrightsville Beach Harold Culp Wilmington David Dixon Wrightsville Beach George Erkes, Jr. Wrightsville Beach Les N. Hatague Wrightsville Beach Millard Ives Wrightsville Beach Jack Kilbourne Wrightsville Beach Nippy MacDonald Wilmington Mac McJunkin Wrightsville Beach Mandy fairer Wrightsville Beach Charlotte Murchison Wilmington Jeff Novotny Wilmington Bruce Porter Wrightsville Beach Alan Rusher Wrightsville Beach Frank Smith New Han Co Sheriffs Dept. Peggy Spallek Wrightsville Beach Walt Taylor USCGA-Wrightsville Beach Sam Toler Wrightsville Beach Alice Tysinger Wrightsville Beach Jean Van Velsor Wrightsville Beach Chris Voss Wrightsville Beach School Wilmington Wrightsville Beach Wrightsville Beach Wilmington Wrightsville Beach Wrightsville Beach USCG MSO Wilmington Wilmington Wrightsville Beach Star News Wilmington Wrightsville Beach Wilmington Wrightsville Beach Wrightsville Beach Wilmington Wilmington, Airlie Road Wrightsville Beach Wrightsville Beach Wrightsville Beach USCG Wrightsville Beach Wrightsville Beach Wrightsville Beach Wrightsville Beach Wrightsville Beach Ted Wilgis Cape Fear Coast Keeper SUPPORT FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT Pat Hughes Strategic Planning Coordinator, Raleigh Mike Loparanskt Coastal and Ocean Policy Analyst, Raleigh James Rosich DCM District Planner, Wilmington Alex Marks Former DCM District Planner, Wilmington Kathy Vinson Planning and Public Access Manager, Morehead City Town of Wrightsville Beach Surface Water Use Plan Introduction to the Surface Water Use Plan ........... 1 Study Area Map................................................................................2 Challenges to Effective Surface Water Use Planning atWrightsville Beach.................................................3 Objectives of the Water Use Plan .............................7 Problems and Recommendations .............................8 1. Dealing With Hazardous Boaters................................................8 2. Dealing With Jet Skis in Marshes..............................................13 3. Dealing With Existing No Wake Zones and Signage...............15 4. Dealing With the Need For Enforcement Personnel ...............18 5. Dealing With the Need for Boater Education ...........................19 6. Dealing With Encroachments Into Public Trust Waters ........ 20 7. Dealing with Access Issues.........................................................26 8. Dealing With Water Quality Issues...........................................27 9. Dealing With Jurisdictional Issues............................................28 Summary of Recommendations.........................................30 Appendices and Exhibits........................................................33 Table of Contents for Appendices and Exhibits ..........................33 ' Surface Water Use Plan Town of Wrightsville Beach, NC Introduction to the Surface Water Use Plan In September 2000, the Board of Aldermen of the Town of Wrightsville Beach authorized the preparation of a Surface Water Use Plan for all public trust waters within the planning jurisdiction of the Town of Wrightsville Beach. The purpose of the plan was to "study and make policy recommendations to resolve current and potential surface water use conflicts among the many different users of this, the town's most valuable natural and economic resource." The Town received a planning grant from the State Division of Coastal Management to offset, in part, the cost of the work. Interestingly, when the idea of a "Surface Water Use Plan" was first conceived, it was thought that the plan might function much as a land use plan functions. That is, it would suggest those parts of the Town's waters most suited for various on -water activities. Thus, water-skiing and wake boarding might be directed to certain waters, small boat sailing to other waters, jet skiing to still other waters, and so forth. These decisions would be based in part, on water depths, bottom conditions, proximity to land side uses, currents, wind conditions and other physical characteristics. What the study revealed, however, is that there is so little surface water available relative to the numbers of boaters using it, that it would not be practical to set aside specific water areas for one use over another. Even so, such exclusive use of certain areas is already occurring with regard to private docks and piers, marinas, moorings, and anchorage areas. Collectively, these "private uses of public waters" have already removed perhaps 15% of soundside waters at Wrightsville Beach from use by the general public. A major theme of this plan, therefore, is to minimize the further expansion of such "occupying uses" into even more waters of the town*. A second major theme is to improve existing management of activities on the water so that all activities may get along better while sharing a very limited amount of space. While competition for use of the town's public trust waters is steep, it has not yet reached critical levels. Experience and observation of other popular water -oriented communities however, reveals that serious conflicts do arise over time if left unattended. The idea of the Surface Water Use Plan is to identify and head off such problems before they become unmanageable. *Note: This does not mean that waterfront property owners will be prevented from constructing lawful docks and I piers in accordance with State and local standards; it does mean that such standards should not be allowed to be broken (e.g. under no circumstances should a dock or pier be allowed to extend beyond the town pienccad line, thereby further eroding available surface waters for the general public. ' Glenn Harbeck Associates, Planning and Public Involvement Page 1 Masonboro Is, Off North End _ L� Atlantic Ocean Surface Area er Use Plan Town of Wrightsville Beach, North Carolina NORTH APPROXIMATE SCALE IN FEET kmn &nd Cooni RewuR� msnt, — — Technical Assistance by jkl National Oeeenle and A6roephede Ammni.a.tion.• Glenn Harbeck Associates i � Surface Water Use Plan Town of Wrightsville Beach. NC I r 11 11 Challenges to Effective Surface Water Use Planning at Wrightsville Beach The following observations are listed here primarily to point out the unique circumstances that make effective water use planning at Wrightsville Beach particularly challenging. Some of these observations have as their source the survey of boaters conducted on Saturday, September 1, 2001.Other observations come from interviews with area law enforcement officials. Still others are from views expressed by the public at the first community -wide input meeting held for this plan on June 19, 2001. The waters around Wrightsville Beach are an open system for boater entry and exit. At Wrightsville Beach, there are few identifiable borders or controlled points of entry— like the closed environment of a recreation lake, for example. Many other case studies involving successful water use planning focus on the relatively manageable territory of a lake. For this reason, it is more difficult to "manage" the boating population in the waters surrounding Wrightsville Beach. A clear majority of boats use private marinas and docks as their point of entry. A sizeable majority (about 70%) of boaters in the Wrightsville Beach area keep their boats at private marinas and docks; only about 15% use the public boat ramp. Given this situation, the posting of information at the public boat ramp reaches only a small percentage of the boating population. This makes the dissemination of information concerning boating regulations or other issues more challenging. Many boaters are from outside the area. On a summer weekend during the height of the boating season, more than one third of boaters at Wrightsville Beach may be from outside New Hanover County. The majority of these non-residents keep their boat at a yacht club, private marina or dock; they leave their boat here and drive to the Wilmington area for the weekend. Others, particularly those with smaller boats and jet skis, trailer their boat or jet ski to a private marina or public ramp for launching. Roughly half the boaters using the Wrightsville Beach boat ramp are not residents of New Hanover County. Less than 15% are residents of the Town. These high percentages of non-residents add further to the difficulty of communicating information to boaters. Boaters see no need or seem to have little interest in safe boating courses. Area organizations offering safe boating courses report little or no success in recruiting area boaters for safe boating classes. When asked by survey takers "How many years having you been operating a boat?" the responses were quite revealing. Over 75% of area boaters claim to have been handling a boat for over five years. Nearly 60% claim over 10 years experience. Many survey takers reported a familiar refrain from a great many respondents: "All my life." ' Glenn HarbeckAssociates. Planning and Public Involvement Page 3 Surface Water Use Plan Town of Wrightsville Beach, NC This is a hard group to convince of the need to take a boating safety course. Yet, when pressed for details, many self -described "lifetime" boat handlers were, for many years, childhood riders more than operators. Now, as adults, they have recently gotten into boating again. Others had most of their experience on freshwater lakes and rivers, where tidal currents, sandbars, oyster beds, and other peculiar aspects of Wrightsville Beach area boating were of no concern. Still others recall years of boating on relatively uncrowded waters, where momentary lapses in attention offered little fear of accidents or collisions. Such is not the case in the congested waters of Wrightsville Beach. The Town of Wrightsville Beach has very limited surface water area, relative to the other areas of the coast and to the number of boaters that use it. Survey results indicate that less than 10% of boaters go "outside" the sound and into the ocean for their recreational boating. The location and extent of the sound area of North Carolina is determined by the distance between the mainland and the barrier islands off shore. In the northern counties of coastal North Carolina, the barrier islands, also known as the "Outer Banks" are miles from the mainland, resulting in the huge expanses of Albemarle and Pamlico Sounds. In the southern coastal counties, however, the barrier islands are generally just a few hundred yards from the mainland, resulting in a very limited sound areas for boating. At the same time, the Wilmington -New Hanover urbanized area is among the most densely populated in the entire state, with a heavy concentration of recreational boaters. • There is some confusion over law enforcement jurisdiction by geographic area. In years gone by, the political jurisdiction of the Town of Wrightsville Beach was defined quite clearly by the Intracoastal Waterway. This jurisdiction has become more complicated over time, however, as annexations by the City of Wilmington have changed the jurisdictional landscape on the west side of the Intracoastal Waterway. Specifically, the City of Wilmington has undertaken a fairly aggressive annexation program for the unincorporated County west of Wrightsville Beach. The City's annexation line, however, has been inconsistent in its application. In some areas, the corporate limits extend to the centerline of the waterway. In other areas, the city limits extend only to the high water mark on the west side of the waterway. Further, Wrightsville Beach police officers have stated that their ability to enforce traffic and safety laws within the town's extraterritorial jurisdiction remains clouded in the New Hanover County court system. Among the boating public, there is little understanding as to the law enforcement powers of different law enforcement agencies: U.S. Coast Guard- often conducts safety checks according to federal standards, but does not enforce the general statutes of the State of North Carolina. NC Wildlife Resources Commission- officers also conduct safety checks, and may issue citations for reckless boating, including speeding in a state approved no wake zone. Wildlife officers do not, however, enforce the New Hanover County law regarding jet skis in marshes. New Hanover County Marine Sheriff's Patrol- enforces all state and local laws but, due to budget cutbacks, was largely unable to put a boat on the water during the 2001 boating season (see next bullet point below). City of Wilmington and Town of Wrightsville Beach- have the authority to enforce boating laws, but have thus far declined to do so. The Town does, however, enforce certain time limits pertaining to anchored vessels in town waters. NC Marine Fisheries Patrol- enforces fisheries regulations concerning equipment and catch, but has no interest or involvement in general boating safety. Glenn Harbeck Associates, Planning and Public Involvement Page 4 Surface Water Use Plan Town of Wrightsville Beach, NC U.S. Coast Guard Auxiliary -despite their official looking vessels and uniformed appearance, have no delegated authority to enforce any laws. As one auxiliaryman stated, "We have only `moral suasion' available to us to improve boating attitudes about safety and courtesy." There are limited or non-existent law enforcement personnel patrolling area waters. For a variety of reasons, but mostly related to federal, state and local government budget issues, there are very few law enforcement officers patrolling the waters around Wrightsville Beach. The NC Wildlife Resources Commission, for example, has just four officers assigned to cover all land and water -based hunting, fishing and boating activity in a three county area: New Hanover, Pender and Duplin. Perhaps the most vivid example of limited resources involves the New Hanover County Marine Sheriffs Patrol. A comparison of the 2000 and 2001 boating seasons is telling. In the summer of 2000, the Sheriffs Patrol had two boats and two jet skis on the water every Friday, Saturday and Sunday plus all holidays. For 2001, the County Patrol was on the water for just one day of the entire summer boating season. Reportedly, the County has sold three of its four boats and returned its two jet skis to the dealer that had donated them. In light of the County's on -going budget crisis, prospects for funding the Sheriff's Patrol for the 2002 boating season are very uncertain, at best. There may be some resistance to the use of signage, whether for information or regulatory purposes. Little is used currently. People have mixed opinions about the use of signage to inform the boating public. On one hand, most observers agree that signage visible from the water is probably the most effective way to reach a disparate boating public. Many argue that improved signage is needed to protect the marsh, control boat speeds, and better mark navigation channels. It is also considered necessary to enforce certain laws governing boating activity, or at least to advise boaters of the law, whether or not enforcement personnel are around. Others, however, view signage cautiously, out of concern that if used to excess, such signage becomes a man-made scar on the natural appearance of marshes and waterways. And, of course, once a sign is installed, it also requires maintenance. For whatever reason, official signage is, for the most part, used very little at Wrightsville Beach. For the purposes of this plan, the more commonly used term' jet skr"' (with a little "j"— not a brand name) shall be used interchangeably with the industry term "personal watercraft" or "P WC". This is because most of the boating public uses and is more acquainted with the term jet ski' than the term "personal watercraft". This choice is further supported by an intemet search of boating websites, news articles and trade magazines, in which the term "jet ski is invariably the descriptor of choice, with "personal watercraft" usually mentioned only in a secondary capacity. ' Glenn Harbeck Associates, Planning and Public Involvement Page 5 Surface Water Use Plan Town of Wrightsville Beach, NC What little signage there is, is inconsistent, confusing, and inadequate. An examination of signs intended to alert the public as to lawful boating behavior in New Hanover County makes it very apparent just how confusing and inadequate current signage is. Officially approved, "no wake zone" signs, for example, are of different designs even within the limited area of Wrightsville Beach. At the same time, unapproved, but official looking privately placed "no wake zone" signs are prominently displayed on docks and piers throughout the area, causing confusion among area boaters as to which signs are enforceable and which are not. Area marshes, specifically protected by law from jet ski activity, exhibit no signage whatsoever informing the public as to these special rules for personal watercraft. There is a strong attitude about "unencumbered" boating, based on little need for rules and regulations during a less populated era As recently as 1980, New Hanover County's population was less than half its current size. The Intracoastal Waterway, just south of the drawbridge at Wrightsville Beach was still relatively free of intensive marina activity, enabling small sailboats to sail in and out of the area with relative ease. Twenty years ago, the area off the north end of Masonboro Island was visited by a handful of small boats each weekend. As recently as 15 years ago, jet skis were almost unknown at Wrightsville Beach (or anywhere else for that matter). Two decades ago, the occasional water skier enjoyed the largely uncongested expanse of Banks Channel. Today, boat slips on the south side of the drawbridge crowd the channel on both sides. Today, hundreds of weekend partiers on dozens of closely anchored vessels congregate at Masonboro Island each weekend. Today, jet skis seem to be everywhere. Today, water skiers compete for space with wake boarders, tube riders and knee boarders as well as an assortment of other towables. Yet the mentality of the average boater appears not to have changed —to most, boating represents freedom from rules, freedom from constraints. Similarly, the once strong tradition of courtesy and common sense among boaters seems to have largely disappeared in favor of a more competitive, "me first" attitude. While difficult to quantify, this loss of courtesy can be observed in the behavior of many boaters on the water today. It was certainly reflected in comments received from participants in the Survey of Wrightsville Beach Area Boaters (see appendix). Owners of some larger or faster boats, for example, believe it is their inalienable right to maintain a high rate of speed (and associated imposing wake) regardless of whatever smaller vessels may be using the same channel. Conversely, owners of smaller boats, including kayaks, canoes, and dinghies, seem to have lost their common sense about staying out of major navigation channels; some, by their mere presence, expect to be able to dictate the behavior of larger boats. A few power boaters, including some jet ski owners, appear to believe that deliberately swerving to spray another boating party at anchor is great fun. Owners of jet skis have also been singled out for their aggressive "attacks or charges" against waterfowl. Finally, and unfortunately, too many boaters think that alcoholic beverages and boating are a natural fit. While each of these behaviors may not describe the majority of the boating public, collectively, there are enough of these boaters on the water to make some boating days discouraging at best and others dangerous at the worst. These, then, are a few of the considerable challenges facing the development of an effective water use plan at Wrightsville Beach. Glenn AarbeckAssociates, Planning and Public Involvement Page 6 Surface Water Use Plan Town of Wrightsville Beach, NC Objectives of the Water Use Plan The following objectives reflect the perspectives of the Steering Committee for the Water Use Plan in framing its recommendations. These perspectives are intended to achieve a proper balance between public safety considerations and individual responsibility. They are referenced Iat various points throughout the Problems and Recommendations section of this plan. Objective 1. Use the least amount of regulation necessary to correct problems. The focus should be on fixing problems with the least amount of burden placed upon the boating public, and upon the regulatory agencies charged with responsibility for enforcing the law. This principle is also consistent with the proper formulation of public regulations in general, in that, 1 under our system of laws, no regulation should be more burdensome than necessary to achieve legitimate public objectives. Objective 2. There should be a balance between education and enforcement. Studies of successful water use planning programs around the country emphasize that it takes both education and enforcement to improve boater behavior. Education is often the first choice in advising the public of rules necessary for their own safety and that of others. At the same time, experience shows that such notification to the public must be backed up by effective law enforcement on the water, with clear penalties for dangerous or offensive behaviors. Objective 3. Seek to clarify existing rules for the boating public. Discussions with area boaters and law enforcement personnel reveal a widespread misunderstanding by the majority of the boating public as to existing rules governing lawful boater behavior. Recommendations set forth in this plan should therefore work to clarify any existing rules rather than making them even more confusing. Objective 4. Make regulatory signage less confusing; when employed, minimize its intrusion on the landscape. Given the difficulty in disseminating information to the boating public by other means, clear signage must be, of necessity, at the forefront of methods used to communicate such information. At present, existing signage in the Wrightsville beach area is confusing, inconsistent, or non- existent. Recommendations set forth in this plan should work to correct such insufficiencies. At the same time, any such signage should be designed to minimize its negative visual impact. Objective 5. Maximize the use of existing laws and establish effective enforcement. At present, even existing laws are not well enforced. This is not a reflection upon the officers charged with enforcing the law, but rather, a consequence of limited personnel responsible for covering a large area This plan should avoid recommending additional laws until and unless existing laws are being properly enforced. This will require better notification to the public as to what laws currently apply, and a commitment to an effective level of law enforcement on the water. ' Objective 6. Focus resources on the biggest problems; but don't miss opportunities to fix smaller problems that may be easily resolved. As a corollary to Objective 5, it goes without saying that, given limited resources, this plan should focus on resolving the biggest problems identified, and leave less important issues for another day. One plan's recommendations cannot solve the whole gamut of problems known to ' Glenn Harbeck Associates, Planning and Public Involvement Page 7 Surface Water Use Plan Town of Wrightsville Beach, NC exist on the water today. At the same time, this plan should not overlook opportunities to resolve smaller problems when such opportunities clearly present themselves. This includes problems that may be easily resolved by recommendations that cost little or no money to implement. Problems and Recommendations The items identified as problems below are based largely on input received from the public during a special community input meeting held June 19, 2001 at Wrightsville Beach Elementary School. Additional input was received from a town -wide survey of boaters conducted on September 1, 2001. Still more perspectives were gained from interviews with law enforcement personnel charged with responsibility for enforcing area boating laws. One or more recommendations follow each problem statement. 1. Dealing With Hazardous Boaters The first set of recommendations deals with boaters, including some jet skiers, who are hazards to themselves and others on the water. Problem: Law enforcement officers and citizens participating in public input meetings, as well as those offering comments during the Survey of Boaters, voiced a number of similar concerns about the behavior of some boaters. Among the most serious or frequently mentioned concerns were: (1) boaters traveling at excessive speeds close to docks and shores, (2) boaters not aware or not caring about the size of their wake, or its affect on other boats, docks, and shorelines (3) boats following too closely behind other boats at greater than no wake speed (4) boats weaving in and out of other boats, whether at rest or underway (5) jet skiers behaving erratically or performing stunts too close to others on the water (6) boaters drinking and driving. Recommendation 1(a): "Wrightsville Beach Area Safe Boating Rules" should be posted on a sign at the boat ramp, plus rive strategic locations along speck, well -traveled navigation channels. Each sign would list a few concise safe boating rules addressing the most significant boating safety problems in the area Posting these signs will require cooperation from the New Hanover County Commissioners, the U.S. Coast Guard, the NC Wildlife Resources Commission, the US Army Corps of Engineers and, for signs mounted on bridges, the NC Department of Transportation. As noted previously, boaters enter the waters of Wrightsville Beach from a multitude of private docks, piers and marinas. On its face, this would appear to make the dissemination of boating information quite difficult. Upon closer examination of boating habits in the area, however, there are actually only a small number of well -traveled navigation channels through which most boaters pass on any given day. These channels present the best opportunities to reach area boaters with necessary information. Following an "on -the -water" evaluation of these well traveled routes, there appear to be just six strategic points of passage through which nearly all boaters travel, either in a day's outing or certainly over a relatively short part of any boating season. These six strategic locations are shown on the accompanying map and may be identified as follows, along with the specific location suggested for each sign: Glenn Harbeck Associates, Planning and Public Involvement Page 8 M M M M mw s M r M it;frs IA■11 W .s m M M M a� 0 R a 100 1600 2400 0200 APPROXIMATE SCALE IN FEET Atlantic Ocean 1d In pqd, o1ne nds nt Act af197Z Olflaa of nt Safe Boating Signs Black Diamond Indicates Proposed Location Town of Wrightsville Beach, North Carolina Technical Assistance by Glenn Harbeck Associates Surface Water Use Plan Town of Wrightsville Beach, NC Point of Boater Specific Location of Boater Intended to Alert Boaters... Passage Safety Sign 1. The intersection of the Approaching from the south on ...coming from all points south, Intracoastal Waterway the Intracoastal Waterway or including Carolina Beach and all and Shinn Creek (south from the east on Shinn Creek, private docks, piers and marinas of the drawbridge). boaters would see the sign to along the Intracoastal Waterway. their right (east side of channel), Also boats returning from the near the south end of the spoil Ocean, Masonboro Inlet and island. Masonboro Island via Shinn Creek. This would include most boaters returning to slips in Bradley Creek. 2. The intersection of the Approaching from the north on ...coming from all points north, Intracoastal Waterway the Intracoastal Waterway, including Figure 8 Island, Pender with the Town's boaters would see the sign on the County, and all private docks, extraterritorial right (west) side of the channel, piers and marinas along the jurisdiction line (north about 2 miles north of the Intracoastal Waterway. of the drawbridge). drawbridge 3. The intersection of Approaching from the south, ...returning from the Ocean, Banks Channel and boaters would see the sign on the Masonbom Inlet, Masonboro Shinn Creek. right (east side) of the channel, Island and all points south. Also just before the Coast Guard from the Intracoastal Waterway Station. via Shinn Creek. This would include most boats returning to slips and marinas in Motts Channel and Banks Channel. 4. The US 74 Bridge Approaching from the north, ...coming from private docks and over Banks Channel boaters would see the sign piers at the north end of (boaters pass under mounted on the north side of the Wrightsville Beach, along Lees Salisbury Street) bridge. Passing under the bridge Cut, as well as others headed the speed limit is 5 mph, south into the sheltered area allowing plenty of time to read between the two bridges. the sign. 5. The US 76 Bridge Approaching from the south, ...coming from private docks and over Banks Channel boaters would see the sign piers along Banks Channel, as (boaters pass under mounted on the south side of the well as others headed north into Bridge Street) bridge. Passing under the bridge the sheltered area between the two the speed limit is 5 mph, bridges. allowing plenty of time to read the sign. 6. At the North Carolina Boaters launching their vessel ...who trailer their boat to the Wildlife Resources would see an east facing sign to launch at Wrightsville Beach, Commission Boat the right of the ramps. A two- including boaters from the City of Ramp. sided sign (facing east and west) Wilmington, New Hanover would also alert boaters on the County and other parts of the water near the north side of the state. drawbridge. Glenn Harbeck Associates, Planning and Public Involvement Page 10 1 ' Surface Water Use Plan Town of Wrightsville Beach NC In consideration of the most common boater behavior problems observed at Wrightsville Beach, the following rules are suggested for posting on each Safe Boating Sign: Wrightsville Beach Area Safe Boating Rules 1. You are responsible for your wake, whether or not you are in a "no wake zone". 2. If moving at more than no wake speed... Stay 300' behind boats towing a person. Stay 100' behind all other moving boats. Stay 59 from docks, anchored boats, swimmers, and marsh areas. 3. Dont weave through other boats at hazardous speeds. 4. Jet ski maneuvers or stunts should not be performed in congested waters. 5. Dont drink and drive. 6. Be courteous. It's contagious. Some observations about the sign and its contents: The list of rules is short, so that they may be quickly read from a moving boat. While there is always a temptation to add more rules to the list, this should be resisted, particularly if such rules do not address a specific, frequently observed problem. • While the rule dealing with boater courtesy is the least specific, it is the one rule which, if followed, would greatly reduce the need for all other rules. • The words used, including contractions, are simple and free of jargon to make them easier to understand. The term, "jet ski" (as a generic term rather than a name brand) is used instead of "personal watercraft", because that is the more universally recognized term among the general boating public. This is in keeping with Objective 3, concerning the clarification of boating rules for the public. • The typeface used is informal, rather than legal in character. It is intended for maximum legibility. ' Glenn Harbeck Associates, Planning and Public Involvement Page 11 Surface Water Use Plan Town of Wrightsville Beach, NC I • The rules address the jet ski problem without dwelling upon it. Rather, most of the rules apply to all boats. Even so, Rule 4 puts jet ski operators on alert that a higher standard of restraint is expected in the more congested waters in and around Wrightsville Beach. • While all of the statements are consistent with established law, they are not intended to be regulatory. In keeping with Objective 5, they do not add more laws that must be enforced. In keeping with Objective 2, these rules are primarily educational in nature. • It should be possible, in most instances, to mount the sign on existing structures, thereby minimizing its intrusion on the landscape. Such existing structures would include, for example, the two bridges over Banks Channel and pilings already in place at the locations specified. This is keeping with Objective 4 concerning signage. The NC Department of Transportation Bridge Maintenance Engineer , responsible for the two bridges over Banks Channel, stated that there should be no problem mounting such signs on the bridges, so long as the other involved agencies agreed upon the language and appearance of the sign. NCDOT would be willing to make the signs in their shop and mount the signs on the bridges free of charge. They would also be willing to make duplicates of the signs as needed for the other locations, perhaps charging only for the costs of materials. (Navigable waters are part of the State's transportation system and are, therefore, also eligible for such assistance.) A representative of the U.S. Army Corps of Engineers" stated that the Corps would issue a permit for such signs along federally approved channels so long as the U.S. Coast Guard approved of the design of the sign. It would be particularly helpful if the signs were posted on existing pilings, where no additional disturbances to wildlife, no additional navigation obstructions, etc. are involved. Guidance on the issuance of such permits may be found at www.saw.usae.army.mil/wetlands/remour.htm. Then go to Permits, and look for Nationwide Permit No. 1, Aids to Navigation. Greg Basinger, Division Bridge Maintenance Engineer, NC DOT telephone conversation 11/16/01 251-5724 Keith Hams, US Army Corps of Engineers, Navigation, telephone conversation 11/16/01 251-4819 Glenn Harbeck Associates, Planning and Public Involvement Page 12 1 Surface Water Use Plan Town of Wrightsville Beach NC ' Recommendation 1(b): In addition to posting the Safe Boating Rules at a few strategic locations in the area, these same rules could be published, for example, in a pocket sized booklet of Tide Tables, such as those sometimes distributed by area merchants. In keeping with this plan's balanced approach employing both education and enforcement (Objective 2) it is recommended that the same boating rules that appear on the Safe Boating signs of Recommendation 1(a) also be reprinted for general distribution to the boating public. One of the most common printed publications useful to boaters is a booklet of tide tables. For a number of years, such booklets have been printed by area businesses as a public service and promotion. The Town could approach the publisher of the booklet and request that the Safe Boating Rules be added to one of the inside or outside covers. Alternatively, the Town could publish such a booklet and seek sponsors as advertisers in the booklet. It could be made available at Town Hall, area retailers, restaurants, etc. In addition to business sponsors, publication of the booklet might be a candidate for a boating safety grant from state or federal authorities, or from a private foundation, such as the Landfall Foundation here in New Hanover County. 2. Dealing With Jet Skis in Marshes Problem. Jet skiers have been observed to be operating in the marshes around Wrightsville Beach, probably damaging wetlands and certainly disturbing wildfowl and other wildlife. While New Hanover County has established a special law that sets forth limitations on the operation of jet skis in these marsh areas, it is not being enforced. There are several reasons, including (1) the peculiar nature of the law, (2) the lack of notification to the public about the law and (3) the lack of law enforcement personnel available to police the law. The recommendations that follow deal with the first two issues. (Recommendation 4 deals with the third.) Recommendation 2(a): Request that New Hanover County amend its ordinance governing personal watercraft to increase the required separation from the edge of marsh or shore from 25 feet to 50 feet, consistent with separation distances for all other activities identified in the ordinance. Chapter 59 Article IV of the New Hanover County Code of Ordinances sets forth a number of rules governing the operation of jet skis within the waters of the County. In particular, Section 59-114 (6) prohibits PWC's from being operated at more than 5 mph: • Within 50 feet of posted waterbird sanctuaries or management areas • Within 50 feet of a person in the water or an anchored boat • Within 50 feet of a pier or dock, except for those along the Intra-Coastal Waterway • Within 25 feet of a marsh or shore within certain designated areas. (emphasis added) Thus, the law specifies a consistent separation distance of 50 feet from all activities except marsh or shore. This plan recommends that the 25 foot separation from marsh or shore be increased to 50 feet. There are three reasons for recommending this change. First, there appears to be no rational basis for singling out the marsh for less separation than other activities. Second, increasing the distance to 50 feet would, in fact, prevent jet skis from traveling down channels of little more than 50 feet in width at high rates of speed. If one intent of the ordinance is to stop jet skis from damaging the marsh and disturbing wildlife, it is difficult to imagine how the current 25 foot standard achieves this. Third, and perhaps most importantly, the 25 foot distinction that applies only to marsh and shore adds an unnecessary quirk to a law that is already little known or Glenn HarbeckAssociates, Planning and Public Involvement Page 13 Surface Water Use Plan Town of Wrightsville Beach. NC understood. One of the six objectives set forth in the preceding section states that this plan should "Seek to clarify existing rules for the boating public. " Making the required separation distance for jet skis 50 feet across the board is one easy, inexpensive way to do this. Recommendation 2(b): Request that the County post small, relatively unobtrusive signs around the perimeter of marshes north and south of Wrightsville Beach, notifying jet skiers of the County ordinance concerning the use of jet skis in marsh areas. Use the smallest effective signs and mount them, whenever possible, on existing pilings or posts, along with, for example, existing "closed shellfishing" signs. Signage addressing jet skis in marsh areas is needed to overcome an enforcement problem. Law enforcement officers have stated repeatedly that, if people are not informed of a law, it is much more difficult to hold them accountable for such laws. While the expression "ignorance of the law is no excuse" may sound convincing, there are clearly limits as to how far this principle can be carried when taking someone to court. Since the adoption of the County ordinance concerning jet skis in marsh areas, the New Hanover County Sheriff's Marine Patrol has dealt with this problem by employing a two step approach: "First Offense —A Warning, Second Offense —A Citation." In other words, since many if not most jet skiers are not aware of the law, the Sheriff's Department has adopted a procedure of notifying each jet skier one at a time, as the law is broken. There are several disadvantages to this approach. First, it is reactive in nature; the law must be broken before information is conveyed to the jet skier. Second, the adverse impact that the law is intended to prevent, damage to the marsh, is not addressed until it is too late. Third, and perhaps most significantly, this procedure relies upon law enforcement personnel to (1) directly observe the violation (2) notify the violator of the law, and (3) keep records of first offenses in order to issue citations for the second offense. Unfortunately, the County Sheriffs patrol was on the water only one day out of the entire 2001 boating season. Other law enforcement personnel, such as the Wildlife Resources Commission and the US Coast Guard are apparently not chartered to enforce the County ordinance. Therefore, the law can be continually violated with no recourse against the offender and no way to effectively notify the offender that the law exists. Significantly, a Sheriffs Department representative stated "Most people will not deliberately break the law if they know that the law exists." If we accept the premise that most people are law abiding, then posted signage can achieve the purpose of the law 24 hours a day, 7 days per week at a very low cost. Consistent with this solution, signs are needed along the perimeter of these marsh areas. These signs could be worded quite simply, as illustrated below. 5 MPH No person may operate a personal watercraft at more than 5 mph within 50 feet of marsh or shore in this area. Ch 59 Art IV New Hanover County Code of Ordinances Glenn Harbeck Associates, Planning and Public Involvement Page 14 1 Surface Water Use Plan Town of Wrightsville Beach, NC ' Some observations about the sign and its contents: • A simple graphic icon of a personal watercraft at the top of the sign will draw the attention of ' PWC operators. Experience on the water indicates that such signs need not be large to be noticed. A sign of as little as Ix2 feet is quite visible when on the water. I I • The term "personal watercraft", rather than the more commonly accepted "jet ski" is used here because that is the term used in the County Ordinance. Regardless, the use of a graphic icon of a jet ski will aid in identifying the type of vessel to which the law applies. • As this sign is intended to be regulatory in nature, the wording on the sign conforms, as much as practically possible, with the language and intent of the County Ordinance. The County Ordinance is also referenced along the bottom edge of the sign. • The typeface used is formal, consistent with its intent as a legal notification. • The presence of existing "closed shellfrshing" signs and channel markers afford the opportunity to co -mount signs on shared posts and pilings. 3. Dealing With Existing, Confusing No Wake ' Zones` and Associated Signage Problem: As noted in the Challenges section of this report, "no wake zones " at Wrightsville Beach and, particularly the signs used to identify them, are indeed confusing. Remedying this problem will require action on three fronts: (1) Current no wake zones should be defined according to logical boundaries and problem areas (2) Existing no wake zone signs should be consistent within the area, and (3) unauthorized but official looking "no wake" signs placed on ' or near public waters must be prohibited. These three problems will be dealt with in that order. Recommendation 3(a): Request that the New Hanover County Commissioners authorize ' the placement of a no wake zone marker at the east end of Lees Cut so as to extend the existing no wake zone over the entire length of this channel Debate over the establishment of a no wake zone for the entire length of Lees Cut has gone on for several years. Public comment at the community -wide input meeting revealed that area citizens continue to be divided over this issue. Currently, a no wake zone is in place for "...that part of Lee's Cut between the Intracoastal Waterway and the eastern boundary of the Lee's Cut - Channel Walk property at Wrightsville Beach." 15 NCAC 1 017.0314(a)(4) Thus, only the west end of Lee's Cut, closest to the Waterway and the public boat ramp, is within a no wake zone. At the same time, the 1999 Session of the NC General Assembly on May 26, 1999 ratified House Bill 772, which states: Section 1. It is unlawful to operate a vessel at greater than no -wake speed in the waters of Lee's Cut in New Hanover County... and... ' See the Appendices to this report for a map showing existing no wake zones in the Wrightsville Beach area. ' Glenn Harbeck Associates, Planning and Public Involvement Page15 Surface Water Use Plan Town of Wrightsville Beach, NC ' Section 2. The municipality or county with jurisdiction over the area of Lee's Cut may place and maintain markers... in sufficient number and size to give adequate warning of the no -wake speed zone ... and Section 5. This act is effective when... markers complying with Section 2 of this act are placed in the water to mark the no -wake zone. Significantly, House Bill 772 was not sponsored nor requested by the Town of Wrightsville Beach, but rather by an independent third party, working through a member of the state legislative delegation. Nonetheless, House Bill 772 authorized the extension of the no wake zone over the entire length of the channel, but made its effective date contingent upon the placement of no wake zone markers in the channel. (emphasis added). For all other no wake zones in the County, "the Board of Commissioners of New Hanover County is designated the suitable agencyfor placement and maintenance of markers" (15 NCAC 1 OF .0314(b)). Customarily, when such markers would be in waters under the jurisdiction of a municipality, the Board of Commissioners will not place such markers until after consulting with the elected officials of such municipality. In this case, the Board of Aldermen have not given their approval to the placement of such markers so as to extend the no wake zone. This plan recommends that the no wake zone be extended to cover all of Lees Cut There are several reasons for this recommendation. First, every law enforcement officer consulted stated that Lees Cut was among the most hazardous navigation channels in the area It is a narrow, twisting channel. It is lined with "wall to wall" docks, piers and boat slips along nearly the entire length of its south side. It is bordered by sand bars, oyster beds and other underwater hazards for much of its north side. (Sand bars are visible in the photo below, effectively narrowing the channel where it appears to widen.) Due to its east -west alignment, it is oftentimes sheltered from prevailing winds at times when the area's north -south running channels, such as the Intracoastal Waterway and Banks Channel, are churned with whitecaps. This, unfortunately, makes it a popular location for water skiing, wake boarding, knee boarding and tubing. Yet the channel is so narrow, that it is difficult even to turn around pulling a skier. Further, most manuals on water-skiing recommend that each boat should be able to maintain a 200-foot wide "ski corridor" (100 feet on either side of the boat) Despite the honest differences of opinion over this issue, the overwhelming number of risk factors discussed above make Lees Cut an appropriate channel for a no wake zone. The no wake ' zone should therefore be extended. Boating Safetypresented by the U.S. Coast Guard and Met Life, page 44. Also Tins for Safe Water Skiing, American Water Ski Association. Glenn Harbeck Associates, Planning and Public Involvement Page 16 1 Surface Water Use Plan Town of Wrightsville Beach. NC ' Recommendation 3(b): Request that New Hanover County, working in cooperation with the U.S. Coast Guard, the US Army Corps of Engineers, and the NC Wildlife Resources Commission, make all official no wake zone signs consistent throughout the area. As noted previously, official no wake zone signs in the Wrightsville Beach area are not entirely consistent with one another. While the differences are not major, they nonetheless contribute to the already confusing number of authorized and unauthorized no wake zone signs in the area. In most instances, the differences can be corrected when the authorized signs are repainted. Of note, State design standards for no wake zone signs, as promulgated by the NC Wildlife Resources Commission, call for no wake zone "markers" in form of buoys. Flat signs fixed on pilings are not shown in any illustrations on the Commission's web site. The U.S. Aids to Navigation System employed by the U.S. Coast Guard, however, does show flat signs as an acceptable form of regulatory signage. Interestingly, the placement of official no wake zone signs on pilings, rather than buoys, may be contributing further to the confusion. This is because both official and unofficial signs, authorized and unauthorized, are displayed using pilings for support. Which of the signs below are official no wake zone signs, enforceable by law? Which are "imposters"? All of the no wake signs shown on this page can be found in the Wrightsville Beach area. Which of them are enforceable by law as declaring a no wake zone? Which of them have been placed along the waterway in hopes ofslowing boat trait, but have no legal status? (The answer is in the fine print below)* Ifyou were a boater visiting the area for the first time, would it be any easier to figure these signs out? How would you know whether or not you were breaking the law? ' The sign in the lower left comer is the only official, enforceable no wake zone sign. This one is located in Motts Channel. Glenn Harbeck Associates, Planning and Public Involvement Page 17 Surface Water Use Plan Town of Wrightsville Beach, NC Recommendation 3(c) Request that the State prohibit private individuals and organizations from posting unauthorized, but official looking, regulatory type signage on or near public waters. Courtesy signs, however, using unofficial colors and worded in non -legal language such as "Watch Your Wake" or "No Wake Please" could still be permitted. In the state of Virginia, for example, it is unlawful to place unauthorized regulatory signage on or near public waters.* Officials in Virginia have realized that such signs confuse the public and draw attention away from legitimate regulatory signage. When the boating public is confused as to which signs to believe, adherence to legitimate signs suffers. As an analogy, a homeowner would not be permitted to put an official looking "Speed Limit 5 MPH" sign in their front yard along a busy thoroughfare. Neither would such property owners be permitted to install an octagonal side with the word "STOP" in white letters on a red background. Yet, that is exactly what we are doing when we allow the owners of some piers and docks to put official looking "No Wake" signs (square sign, white background, red circle, black letters) up along busy navigation channels. This plan, therefore, recommends that such official looking, unauthorized signs be prohibited At the same time, such a law would not prevent a dock or pier owner from installing courtesy signs (in non -official colors and shapes) asking for the boating public's voluntary cooperation in minimizing the size of their wake, reducing their boat speed, etc. 4. Dealing With the Need For Enforcement Personnel Recommendation 4: Request that New Hanover County restore full funding to the New Hanover County Sheriff's Marine Patrol for the year 2002 and subsequent boating seasons. The New Hanover County Sheriffs Patrol is, in practical terms, the only law enforcement agency specifically charged with enforcing County ordinances. The U.S. Coast Guard enforces only federal boating laws. Similarly, officers of the NC Wildlife Resources Commission have indicated that they focus on the enforcement of state boating laws, and do not get involved with New Hanover County statutes. To date, the Town of Wrightsville Beach and the City of Wilmington have declined to get involved in the enforcement of boating laws altogether. This leaves only the Sheriff's Patrol to enforce certain laws enacted to address specific problems in New Hanover County. Unfortunately, as noted under the "Challenges" section of this report, budget cuts by the County have effectively eliminated the Marine Sheriffs Patrol for now. It has been said that a law which is passed and ignored is worse than no law at all. Such is the case with New Hanover County's law governing the operation of jet skis. The Sheriffs Marine Patrol is no longer on the water. Budget cutbacks by the County during the 2001 peak boating season effectively eliminated the Patrol. Prospects for funding the Patrol for the 2002 season are looking quite uncertain. The Sheriffs Marine Patrol has a proven track record of enforcing boating safety laws. At the present time, it does not make sense for either the City of Wilmington or the Town of Wrightsville Beach to establish an additional marine patrol. In fact, if in the next few years, consolidation of City and County law enforcement functions is to take place, it makes even less sense for the City to get into the marine safety business at this time. ' Virginia Watercraft Owner's Guide, January 1, 1999, page 25. Glenn Harbeck Associates, Planning and Public Involvement Page 18 1 Surface Water Use Plan Town of Wrightsville Beach, NC ' Therefore, full funding must be restored to Sheriffs Marine Patrol if County boating laws are to be obeyed. Such funding is justified by facts. The Survey of Wrightsville Beach Area Boaters, conducted by UNC-W and the U.S. Coast Guard Auxiliary, revealed that 64% of 1 boaters on the water at Wrightsville Beach are residents of New Hanover County, with most of the others from elsewhere in North Carolina. Interestingly, while some 37% of all boaters are also residents of the City of Wilmington, only 16% are also residents of Wrightsville Beach. ' While the argument has been made before, it must be made again: Wrightsville Beach provides a huge tax base to the County and should expect to receive needed services in returnfrom the ' County. This is particularly true when such services can be clearly tied to resources that benefit all County residents. Without question, the waters of Wrightsville Beach, including both the sound and ocean, are easily one of the most significant recreational resources available to all County residents. The safety of those residents, whether as swimmers, boaters, surfers, or fishermen, should be of paramount importance to the County. The Town currently shoulders the full burden of responsibility for lifeguards at Wrightsville Beach. Surely, the County should not abandon its responsibility for ensuring safety elsewhere on the water. ' 5. Dealing With the Need for Boater Education Problem: As noted previously in this plan, the majority of boaters at Wrightsville Beach see no need to take a safe boating course. Yet observations of boater behavior on the water reveal that many lack a basic knowledge of boating safety and "the rules of the road " pertaining to boating. Recommendation 5(a): Request that the New Hanover County Library purchase at least one copy of the videotape course and book on safe boating available from the U.S. Power Squadron. Make it available for check out from the County Library system. Have posters and flyers at area marinas and marine supply stores announcing the availability of the videotape. Use public service announcements on radio, TV and cable to further publicize its availability. ' Judging from the lack of attendance at safe boating courses offered in the area, one of many factors deterring boaters from attending may be busy lives and schedules. Another factor is the ' cost, no matter how minimal, of attending a boating course. ' The U.S. Power Squadron has developed an 80-minute videotape course and 240-page book that covers all the material taught in the USPS regular six lesson boating course. After studying the materials, anyone can earn a USPS Power and Sail Boating Course certificate by taking a test. i The cost of the video and book are $39.95 plus shipping and handling. The toll free number to call to order the course materials is 800-937-BOAT. Initially, just one copy of these materials could be purchased by the New Hanover County Library. Then, based upon the response, additional copies could be purchased as needed. Announcements concerning the availability of the course could be run on radio, TV and Cable. ' Posters and flyers could be put up at area marinas and marine supply stores. While the ability to use a home -study course may not be a panacea for encouraging the study of ' safe boating in New Hanover County, the purchase price is quite small relative to the potential benefits it could bring to those who use it. It should be viewed as one of many ways to approach a major safety problem in our County. ' Glenn Narbeck Associates, Planning and Public Involvement Page 19 Surface Water Use Plan Town of Wrightsville Beach, NC Recommendation 5(b): Sponsor, through a non-profit organization, the preparation of a locally produced video, combining an overview of the area's scenic and recreational water resources, with a summary of the most important boater precautions and safe boating tips. This recommendation is similar to 5(a) above, but with several differences. First, the videotape would be locally produced and custom tailored to the waters of New Hanover County. Second, it would not be oriented toward taking a test for certification but, rather, simply an entertaining way to disseminate important information about boating in the area. Interspersed among images of the beautiful waters and marshes of the area could be tips for dealing with common situations that a boater might have to face on a typical outing. Included, for example, could be suggestions for anchoring under various tidal conditions, avoiding running aground on oyster beds and sand bars, tips for pulling skiers and other towables, an overview of jet ski requirements, a review of basic rules of the road for boating, watching your wake, and so forth. The video tape could run be on the local government cable TV station, or alternatively, could be sponsored by local area businesses such as marine supply stores, hotels, waterfront restaurants, etc. An area non-profit group, such as the Coast Guard Auxiliary, might be eligible for grant funding related to boating safety*. Students at UNC-W or Cape Fear Community College might undertake production of the video as a major class project. Recommendation 5(c): Encourage NC Wildlife Commission Officers, the New Hanover County Sheriff's Marine Patrol, and local area judges to make attendance at a safe boating course part of the penalty for receiving a citation, when appropriate. Law enforcement officers have indicated that area judges have some latitude available, when handing down penalties for boating violations. During some court sessions, the judge may ask the officer involved for his or her opinion regarding the fine or penalty. At such times, depending upon the nature of the offense, the officer may suggest that attendance at a safe boating course would be appropriate. This plan, therefore, recommends that the Board of Aldermen prepare a resolution and letter to area law enforcement agencies and judges, requesting that attendance at safe boating courses be handed down as part of sentencing for boating violators, whenever such a judgment is reasonable and appropriate to the offense. 6. Dealing With Encroachments Into Public Trust Waters Problem: Wrightsville Beach has a very limited amount ofsurface water available for boating, encroachments which would further erode the resource must be guarded against. Such encroachments include longer, larger, more intensive piers and docks which inhibit navigation, and the creation or expansion of mooring areas and anchorages into waters which would otherwise be available for open boating. Recommendation 6(a): The Town should continue to strictly enforce its pier head line, as well as applicable CAMA development standards for docks and piers, whichever are stricter. For example, the Appendices to this report include specific information regarding grants available through the National Safe Boating Council. Glenn Harbeck Associates, Planning and Public Involvement Page 20 1 Surface Water Use Plan Town of Wrightsville Beach, NC The 1996 CAMA Land Use Plan for the Town of Wrightsville Beach states: "...(An) issue of growing concern at Wrightsville Beach ... is the trend toward lengthy piers extending out into the Town's estuarine waters ... And, while State regulations require that such piers shall not block stream channels, the effect in many instances is to inhibit the movement of watercraft in the shallow water estuary. This can be evident at high tide when small boats, which would normally have free movement through the estuary, must constrain their navigation to limited pockets of open water, essentially fenced in by these long pier lengths. In the case of small, shallow draft sailing craft, the presence of these long piers may totally prevent the craft from sailing through the affected body of water. Thus, the Town reserves the right to be more restrictive than the State's standards where the public's right to the reasonable, unobstructed use of public trust waters is being compromised." (Page 8-5) Encroachments by Private Docks and Piers-- More surface water acreage is "consumed" by privately owned docks and piers than any other waterborne activity in the Town of Wrightsville Beach. In fact, with the exception of the back side of Shell Island, virtually all soundfront properties at Wrightsville Beach have been intensively developed for private dock space. Further intensification is expected to continue as pressures for more boat slips mount over time. The intensity of the dock spaces in the community is a product of the lengthy history of development at Wrightsville Beach, with many piers and docks installed during an era before environmental protections were in place. As a result, an estimated 10 to 12 percent of all navigable soundside waters at Wrightsville Beach are taken up by private docks and piers and the relatively narrow spaces of water between them. In addition, when the 50-foot buffer zone off the end of docks and piers is factored in, available surface water area for boating is even less. Encroachments by Marinas— The Appendices to this report include a listing of the major private marinas within a 20-minute cruse of Wrightsville Beach. While the listing shows approximately 2,500 wet and dry slips in some 21 marinas, the actual number is more likely to be over 3,000 owing to incomplete data. Of these 3,000, about 70% or 2,100 are wet slips. Total boat slips in private marinas within the jurisdiction of the Town of Wrightsville Beach number about 600, of which some 430 are wet slips. These 430 wet slips are largely concentrated along Molts Channel and the Intracoastal Waterway just south of the drawbridge. Collectively, these wet slips consume about 1 percent of all navigable soundside waters at Wrightsville Beach Town Pierhead Line— Fortunately, the Town has a long established pierhead line, designed to limit the intrusion of docks, piers and marinas into the navigable waters of the Town. One short section the pierhead line map is presented on the following page. The full map, made up of several component map sections, is available for public review at the Planning and Inspections office at Town Hall. The Town has been wise to hold fast to the limits established by the pier head line. Even so, as waterfront property values continue to rise, and pressures for more intensive development increase, the Town is apt to find itself warding off additional requests to compromise on the pier head line as well as other constraints on development. It should not waver in its protection of public trust waters. ' While Shell Island does have quite a few soundside docks and piers, some quite lengthy, this area is generally not as intensively developed for pier; as the balance of the town. ' Glenn Harbeck Associates, Planning and Public Involvement Page 21 Swface Water Use Plan Town of Wrightsville Beach, NC ' L— L-. " i rJ p � I I t � !il I tr t(1 r u' v y1 i i I i 1 i �1 m II _. �Am . j. PIEFZNEA=� LINE The above map shows a small section of the Town's detailed Pierhead Line Map, prepared in 1971. This map section depicts the pierhead line along the east side of Banks Channel between the two bridges. Note how the pierhead line is measured from fixed points on land, such as the western right of way line for North Lumina Avenue, rather than the shoreline or mean high wafer mark, which could shift and change over time. The full map, in several component maps, is available for public review at the Planning and Inspections office at Town Hall. Glenn Harbeck Associates, Planning and Public Involvement Page 22 1 ' Surface Water Use Plan Town of Wrightsville Beach, NC Recommendation 6(b): The Town should not approve of the establishment or expansion of any additional mooring buoys/spaces or anchorage areas within the town's jurisdiction. The recently emerged "squatter's" anchorage area north of the Salisbury Street Bridge is an example of an additional anchorage area that should not be permitted. As noted previously, when the idea of preparing a water use plan for Wrightsville Beach was first conceived, it was imagined that various areas within the Town's public trust waters could be roughly allocated to different uses. While each intended use might not be exclusive, such a plan could have established, for example, "a pecking order" for various uses. As the plan unfolded, however, it became apparent that there is far too little water area to apportion out parts of the Town's surface waters to any single use. Despite this concern, moorings and anchorage areas do, indeed, "occupy and take over" certain waters for their exclusive use. At present, there are three such locations in the waters of Wrightsville Beach: (Also see map, page after next.) Banks Channel Mooring Buoys —These mooring buoys, located on the west side of Banks Channel roughly opposite the Blockade Runner Hotel, provide opportunities for several boats/yachts to "raft up" following, for example, a day's sailing race. These mooring buoys have been approved for use by (1) The Wrightsville Beach Ocean Racing Association (WBORA), (2) the Cape Fear Cruisers (CFC), (3) the Dirty Bottom Sailing Club (DBSC) and the (4) Turtle Hall Yacht Club (THYC); the buoy markers have, in fact been labeled as to their owner. Town policy requires that each of these mooring buoys must be available for use by the general public whenever they are not in use by the organization that "owns" them. Further, the Town has adopted a policy that there shall be no additional mooring buoys anywhere within its jurisdiction. (The four buoys mentioned above have been allowed to continue as pre-existing uses established prior to the Town's policy regarding new moorings.) While activities associated with these mooring buoys consume a small percentage of soundside waters at Wrightsville Beach, their strategic location and use in Banks Channel could be viewed as obstructive to small boat sailors and sailing regattas which frequent this middle section of Banks Channel. Banks Channel Anchorage —The Banks Channel anchorage occupies the water south of Bridge Street in Banks Channel, just north of its intersection with Motts Channel. The proximity of this ' area to dinghy docks at Wynn Plaza, and from there to a full range of food and retail services in "downtown" Wrightsville Beach, makes this an especially popular location for those cruising the ' eastern seaboard. The area has, in fact, been recognized in cruising guide literature as a suitable location to drop anchor for the night. ' ' The word "owns" has been placed in italics here to acknowledge that none of these mooring spaces, located in the midst of public trust waters can, realistically" be owned by a private entity. Rather, they exist at the pleasure of the public as represented by the Town. ' Glenn Harbeck Associates, Planning and Public Involvement Page 23 Surface Water Use Plan Town of Wrightsville Beach, NC In accordance with Town Ordinance 92.19, no boat may be anchored in Wrightsville Beach Waters for more than 30 days in a 180 day period. (e.g. a boat could anchor in the area for 15 days on 2 occasions, for 10 days on 3 occasions, etc. within a 6-month period.) The ordinance is enforced by a Town Police Reserve Officer who volunteers his time and boat. When an anchored vessel has overstayed its welcome, a notice is affixed to the boat advising the owner of the violation, and warning that the vessel may be impounded if not removed. While area boaters seem to have accepted the use of this Banks Channel location as an "approved" anchorage, it does consume a relatively large amount of surface water relative to the number of boats benefited. Further, the location of this anchorage is viewed by some as obstructive to other boaters, particularly those in small sailboats, and those power boaters headed in and out of Banks Charnel between the bridges. For these reasons, it may become necessary in the next few years to define the limits of this anchorage area, and set limits as to the total number of vessels that may occupy the site. Lees Cut "Squatters" Anchorage— More recently, a second anchorage area has emerged in an opening in the marsh north of the Salisbury Street Bridge, near the cast end of Lees Cut. Unlike the Banks Channel anchorage, this area is relatively distant from Wynn Plaza or any other public landing. It is also not convenient to the retail services and restaurants of the downtown core. From an economic impact standpoint, it could be said that the probability of these boaters contributing to the economy of the Town is clearly less than at the Banks Channel location. Further, due to its non -recognized status, some have labeled it the "squatter's anchorage". Of interest, this area is just outside the corporate limits of the Town but within the town's extraterritorial jurisdiction (ETJ); to date, the Town has not enforced the 30-day limit on boats anchored in this area. Significantly, State law enables towns to regulate the placement and use of moorings anywhere within the town's zoning jurisdiction, including its ETJ. Less certain is whether the town may regulate overnight anchorages within the ETJ. Even so, with such a limited amount of open water area available within the Town's jurisdiction, this plan views this newly emerging anchorage area as an undesirable intrusion into the surface water; of the Town. Actions should therefore be taken to clarify enabling legislation concerning anchorages in the zoned area of the Town's ETJ. If such legislation can be confirmed, then the Town should take steps to prevent this area from becoming a second Town anchorage area. Glenn Harbeck Associates, Planning and Public Involvement Page 24 J0 y cc ►l" V III II II III Atlantic Ocean o eoo Isoa aaoo oaoo "The preparation of this report was financed in part 71.7L through a gram emended by the North Carolina Coastal Management Progrgr am.ihrough funds provided by the Coastal Zone Management Act off 972. as amended, which is administered by the OF" of Ocean and Coastal Resource Management NORTH APPROXIMATE SCALE IN FEET Nations Oceanic and Atmospheric Admimstraticm." Mooring and Anchorage Areas iiiiiiiii Approved Mooring Area ■ Banks Channel Anchorage Lees Cut "Squatters" Anchorage f Town of Wrightsville Beach, North Carolina Technical Assistance by Glenn Harbeck Associates Surface Water Use Plan Town of Wrightsville Beach; NC I 7. Dealing with Access Issues Problem: With over 12, 000 registered boats, New Hanover County is among the most "boating intensive" areas in the State. While it is difficult to get a fixed number, there is little question that several thousand boat owners in the County must rely upon public and private boat ramps to gain access to the water. Beyond these registered boats, there is a rapidly growing segment of boaters that have taken up kayaks and canoes. These unregistered boats also require access to the water. Significantly, for more than a 30-mile stretch of the Intracoastal Waterway from Snows Cut to Surf City, North Carolina and with an estimated population of over 200, 000 people in the New Hanover-Pender County area, there are just two public boat ramps providing access to the popular sound areas behind the barrier islands. One of these ramps is at Wrightsville Beach. The other is at Carolina Beach. There has not been a public boat ramp constructed along this 30-mile stretch of the ICWW in decades, despite huge increase in population and boaters. Recommendation 7(a): While the Town recognizes the heavy demand for boat launching facilities in the Wrightsville Beach area, additional public boat launching facilities should be developed by the State and/or other local governments at locations well removed from the already congested waters of Wrightsville Beach. The public boat launch at Wrightsville Beach, operated by the NC Wildlife Resources Commission, has long been one of the most popular ramps in the State of North Carolina. Improvements to the facility have expanded the number of ramps and made the traffic pattern more efficient. Even so, the ramp is routinely overwhelmed by boaters. Typically, all parking spaces are taken by the very early morning hours on weekends during the boating season. Increasingly, the same is true even on many weekdays during the peak boating season. The Town routinely issues parking tickets, as cars and trailers spill out of the parking area onto nearby rights of way. The water area north of the drawbridge is often heavily congested, as boaters wishing to "take out' jockey for position amid swirling currents and other boaters. Physically, there is no more room to expand the facility any further. For matters of safety on the water, it would not be advisable anyway. For all of these reasons, this plan recommends that the NC Wildlife Resources Commission, working in cooperation with other area local governments, take action to develop other boat launching facilities at locations well removed from Wrightsville Beach. Currently, it appears that a new public ramp may soon be in service in the Surf City area of Pender County. At least one, if not two other ramps are clearly needed somewhere in the twenty mile stretch between Surf City and Wrightsville Beach. The idea should be to spread boaters over a wider area of water, employing public boat ramps as a means to help effectuate the distribution. Recommendation 7(b): The Town should continue with plans to make the new Wynn Plaza a convenient access point for kayaks and canoes. As previously mentioned, an increasing segment of the population is turning toward kayaks and canoes for their boating interest. As this interest has grown, more kayakers and canoeists are seeking convenient places to launch their boats. This was made evident, in particular, at the community -wide meeting held for the Water Use Plan. One such opportunity site is Wynn Plaza, a town park located just south of Causeway Bridge on Waynick Boulevard. This waterfront park has been undergoing a major renovation. The new I Glenn Harbeck Associates, Planning and Public Involvement Page 26 Surface Water Use Plan Town of Wrightsville Beach, NC ' design includes some floating docks suitable for launching small boats, such as kayaks and canoes. The height of these docks from the surface of the water is somewhat lower than docks of conventional height. The surface water in the vicinity of Wynn Plaza is relatively sheltered and occupied primarily by the overnight mooring area for the Town. A five mile per hour speed limit is posted for boats passing under the bridge nearby. By most accounts, therefore, it is a suitable place for small boats. The Plaza is also located near the heart of the commercial district, offering the opportunity for small boat enthusiasts to purchase food, or to visit retail stores on the front or back end of their boating day. Of particular note, the Town has received a grant for the development of a kayak and canoeing trail/loop that could begin and end at Wynn Plaza. In light of the potential demand for use of this trail by groups of paddlers, the Town has also given consideration to the parking needs of such groups. The paddlers would likely drop off their boats in an open area at Wynn Plaza, then caravan their vehicles a short distance to the extensive free parking at Town Park (middle of Harbor Island). Just one vehicle could then shuttle all drivers between the two parks. While parking at Wynn Plaza is handled by a pay station, the cost of parking just one vehicle could then be split among all the paddlers. 8. Dealing With Water Quality Issues Problem: A typical concern found in most water -oriented communities is the quality of the water for fishing and swimming. Media reports often cite those communities that routinely monitor the quality of their water as responsible and caring of their visitor population. Fortunately, with the exception of brief periods of time following major hurricane events, the waters around Wrightsville Beach have been consistently of a quality suitable for both swimming and fishing. Nonetheless, without a baseline of regularly gathered water quality information, there is no way of knowing whether the water is improving or declining, and at what rate. Recommendation 8: The Town should seek to reestablish a program of water quality monitoring on a routine, perhaps quarterly, basis. At one time, The Town of Wrightsville Beach contracted with a private company to monitor the quality of water in and around the town. Testing was done on a quarterly basis for a fee, and included certain key water quality indicators. More recently, however, the service was discontinued and the Town is no longer kept apprised of water quality conditions. This plan recommends that a program of water quality testing be reestablished. Further, it may be possible to have the testing done through agreement with the State, with UNC-W's marine science program, the Surfrider Foundation, or with some other non-profit group. It may also be decided that it is easiest and most economical to resume the services of a private testing company. Regardless, the water around Wrightsville Beach is the most valuable resource in the community. It is worth making sure that it is being properly protected; the only way to know for certain is to give it regular check-ups. I' Glenn Harbeck Associates, Planning and Public Involvement Page 27 Surface Water Use Plan Town of Wrightsville Beach, NC ' 9. Dealing With Jurisdictional Issues Problem: There is some question about the enforceable jurisdiction of the Town of Wrightsville Beach with regard to boating and regulation ofjet skis. Reportedly, New Hanover County courts have been reluctant to uphold arrests in the extraterritorial jurisdiction of the Town if the offense did not originate within Wrightsville Beach corporate limits. A second jurisdictional issue concerns recent annexations by the City of Wilmington of areas abutting the Intracoastal Waterway opposite the town limits and ETJof Wrightsville Beach. These two issues will be dealt with in turn. Recommendation 9(a): Request that the Town attorney look into the applicability of General Statute 160A-176.2, regarding the Town's ability to establish and enforce laws pertaining to boating and jet skis within the extraterritorial jurisdiction of Wrightsville Beach. G.S. 160A-176.2 reads: ..."A city may adopt ordinances to regulate and control swimming, personal watercraft operation, surfing and littering in the Atlantic Ocean and other waterways adjacent to that portion of the city within its boundaries or within its extraterritorial iurisdiction: provided, however, nothing contained herein shall be construed to permit any city to prohibit altogether swimming or surfing or to make these activities unlawful." (emphasis added) Questions that the town attorney may wish to address include: • Does the statute enable the town to adopt ordinances regulating boating within its extraterritorial jurisdiction, or just personal watercraft and the other activities specified? • Does this statute or any other general statute suggest implications for enforcement of these activities? • While the ordinance clearly states that swimming or surfing may not be prohibited altogether, it offers no such specific language concerning the ability of a city to prohibit personal watercraft. Could the Town do so under this statute? Note: So long as the Town declines to get directly involved in the enforcement of general boating laws, this issue is not likely to be a pressing matter. However, it may be useful to clarify this situation now so that if and when the Town does elect to do so, this issue will have been resolved. In a related matter, the question posed under recommendation 6(b) above, concerning the Town's ability to regulate overnight anchorages, should also be addressed as part of this legal research. Glenn HarbeckAssociates, Planning andPublicInvolvement Page18 1 Surface Water Use Plan Town of Wrightsville Beach, NC Recommendation 9(b) Request that the City of Wilmington take action as soon as practicable to move the City's current eastern boundary from the mean high water mark to the centerline of the Intracoastal Waterway. Two fairly recent annexations by the City of Wilmington have created an anomaly in the jurisdictional boundary lines between the City, New Hanover County, and Wrightsville Beach. One of the annexations has, as its easternmost boundary, the centerline of the Intracoastal Waterway. The other annexation used the mean high water mark on the west side of the Waterway for its easternmost boundary. As a result of using the mean high water mark rather than the centerline, the City left the western half of the surface area of the Intracoastal Waterway in the County's jurisdiction. Whether this anomaly would have any effect on enforcement issues relative to jurisdiction is unclear. However, in light of court interpretations concerning where the offense occurred, where the arrest was made, whether enabling legislation supports the action, etc., it may be wise for the City to correct this inconsistency in its easternmost boundary as soon as practicable. End of Problems and Recommendations Glenn Harbeck Associates, Planning and Public Involvement Page 29 Surface Water Use Plan Town of Wrightsville Beach, NC ' Summary of Recommendations and Actions 1. Dealing With Hazardous Boaters Action/Approval/Involvement Requested Of: Recommendation 1(a): "Wrightsville Beach Area Safe New Hanover Co Commissioners Boating Rules" should be posted on a sign at the boat in cooperation with: ramp, plus five strategic locations along specific, well - traveled navigation channels. Each sign would list a few U.S. Coast Guard concise safe boating rules addressing the most Wildlife Resources Commission significant boating safety problems in the area. Posting US Army Corps of Engineers these signs will require cooperation from the New NC Department of Transportation. Hanover County Commissioners, the U.S. Coast Guard, the NC Wildlife Resources Commission, the US Army Corps of Engineers and, for signs mounted on bridges, the NC Department of Transportation. Recommendation 1(b): In addition to posting the Safe Area Merchants Boating Rules at a few strategic locations in the area, these same rules could be published, for example, in a pocket sized booklet of Tide Tables, such as those sometimes distributed by area merchants. 2. Dealing With Jet Skis in Marshes Recommendation 2(a): Request that New Hanover New Hanover Co Commissioners County amend its ordinance governing personal watercraft to increase the required separation from the edge of marsh or shore from 25 feet to 50 feet, consistent with separation distances for all other activities identified in the ordinance. Recommendation 2(b): Request that the County post New Hanover Co Commissioners small, relatively unobtrusive signs around the perimeter in cooperation with: of marshes north and south of Wrightsville Beach, notifying jet skiers of the County ordinance concerning U.S. Coast Guard the use of jet skis in marsh areas. Use the smallest US Army Corps of Engineers cf ective signs and mount them, whenever possible, on Shellfish Sanitation Division existing pilings or posts, along with, for example, existing "closed shellfishin " signs. 3. Dealing With Existing, Confusing No Wake Zones and Associated Si na e Recommendation 3(a): Request that the New Hanover New Hanover Co Commissioners County Commissioners authorize the placement of a no in cooperation with: wake zone marker at the east end of Lees Cut so as to extend the existing no wake zone over the entire length US Army Corps of Engineers of this channel. NC Wildlife Resources Commission Glenn Harbeck Associates, Planning and Public Involvement Page 30 1 Surface Water Use Plan Town of Wrightsville Beach, NC Recommendation 3(b): Request that New Hanover New Hanover Co Commissioners County, working in cooperation with the U.S. Coast in cooperation with: Guard, the US Army Corps of Engineers, and the NC Wildlife Resources Commission, make all official no U.S. Coast Guard wake zone signs consistent throughout the area. US Army Corps of Engineers NC Wildlife Resources Commission Recommendation 3(c) Request that the State prohibit NC General Assembly private individuals and organizations from posting unauthorized, but official looking, regulatory type signage on or near public waters. Courtesy signs, however, using unofficial colors and worded in non- legal language such as "Watch Your Wake" or "No Wake Please" could still be permitted. 4. Dealing With the Need For Enforcement Personnel Recommendation 4: Request that New Hanover New Hanover Co Commissioners County restore full funding to the New Hanover County Sheriffs Marine Patrol for the year 2002 and subsequent boating seasons. 5. Dealing With the Need for Boater Education Recommendation 5(a): Request that the New Hanover New Hanover County Library County Library purchase at least one copy of the videotape course and book on safe boating available from the U.S. Power Squadron. Make it available for check out from the County Library system. Have posters and flyers at area marinas and marine supply stores announcing the availability of the videotape. Use public service announcements on radio, TV and cable to further publicize its availability. Recommendation 5(b): Sponsor, through a non-profit Area Merchants organization, the preparation of a locally produced Cape Fear Community College video, combining an overview of the area's scenic and UNC-W and/or recreational water resources, with a summary of the US Coast Guard Auxiliary most important boater precautions and safe boating tips. 6. Dealing With Encroachments Into Public Trust Waters Recommendation 6(a): The Town should continue to Board of Aldermen strictly enforce its pier head line, as well as applicable Town Administration CAMA development standards for docks and piers, whichever are stricter. I' Glenn Harbeck Associates, Planning and Public Involvement Page 31 Surface Water Use Plan Town of Wrightsville Beach, NC ' Recommendation 6(b): The Town should not approve Board of Aldermen of the establishment or expansion of any additional Town Administration mooring buoys/spaces or anchorage areas within the town's jurisdiction. The recently emerged "squatter's" anchorage area north of the Salisbury Street Bridge is an example of an additional anchorage area that should not be permitted. 7. Dealing with Access Issues Recommendation 7(a): While the Town recognizes the NC Wildlife Resources Commission heavy demand for boat launching facilities in the New Hanover County Wrightsville Beach area, additional public boat Pender County launching facilities should be developed by the State Other Local Governments and/or other local governments at locations well removed from the already congested waters of Wrightsville Beach. Recommendation 7(b): The Town should continue Town Administration, with plans to make the new Wynn Plaza a convenient Parks Director access point for kayaks and canoes. 8. Dealing With Water Quality Issues Recommendation 8: The Town should seek to Board of Aldermen reestablish a program of water quality monitoring on a Town Administration routine, perhaps quarterly, basis. Private or Non -Profit Testing Organization 9. Dealing With Jurisdictional Issues Recommendation 9(a): Request that the Town attorney Town Attorney look into the validity and applicability of General Statute 160A-176.2, regarding the Town's ability to establish and enforce laws pertaining to boating and jet skis within the extraterritorial jurisdiction of Wrightsville Beach. Recommendation 9(b) Request that the City of City of Wilmington Wilmington take action as soon as practicable to move the City's current eastern boundary from the mean high water mark to the centerline of the Intracoastal Waterway. Glenn Narbeck Associates, Planning and Public Involvement Page 32 1 1 II 1 i II Surface Water Use Plan Town of Wrightsville Beach, NC Town of Wrightsville Beach Surface Water Use Plan Appendices and Exhibits General Information _ _ „ . .. „_ .. „.............„.„A-1 Organization Chart .............................. ........ ....................... » ........... A-1 Planning Process Chart ».»»».....».»..»».».»....».».....»......»...A-2 Map of Federally Maintained Channels ..... ».......... »..... „..„„.............. A-3 Identification Of Issues _.... „..„„.„...„....._ ..„„ __ A4 How the Concerns Were Identified ............................................. ........ A-4 Listof Issues (detailed) ... »..»............ „......... „.... ».„.».».»......................A-5 Ranking of Issues (summary) .„ .... „........ „..... .... ....... .......... „............. A-13 Copy of Flyer for Community -Wide Input Meeting ............... „........ A-14 Survey of Boaters A-15 Proposal to US Coast Guard (Survey Design) ........................ „......... A-15 Copy of Survey Form Used ..... »...... »... »»... _....».»........ „„......... ».....A-17 Survey Study Area Map ............. ....... ...................... „...........»..........A-18 Results of Boater Survey. » Boating Data Section.....„ „. „ ....A-26 Registered Boats by Selected Coastal Counties.................................A-26 Registered Boats Relative to Population„ ....„...»..» ...»„.»„..»..... A-26 Registered Boats Relative to Water Area .......................................... A-26 Registered Boats Relative to Boating Education Students.:.„...».....A-26 Boating Accidents ........................................ „....................................... A-29 Jet Skis in New Hanover County.........„„.......„..„--'........„.._„„„„„A-30 Marinas Within 20 Minutes Cruise of Wrightsville Beach..............A-31 Existing Ordinances/Legislation.„............. ...................... A-32 Personal Watercraft Safety..... „...„».„„.... ._..... »... ..».»„A-32 Official "No Wake" Zones in New Hanover County ................... »... A-34 An Act to Establish a No Wake Zone in the Waters of Lees Cut ....A-35 Map of No Wake Zones in Wrightsville Beach Area ........................ A-36 30-Day Anchorage Warning Tsg»» .» ....»„..„...»„... .....»»........A-37 NCGS 160A-176.2 Ordinances effective in Atlantic Ocean »........... A-37 Grant Funding Sources .... .................................... „... „... „...»»...„.A-3s National Safe Boating Council Grants Program„....».....„...„.»....... A-38 BoatU.S. Foundation..„.......» .... „......... „...... »........ ............................. A-39 1 Glenn Harbeck Associates, Planning and Public Involvement Page 33 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC ' Town Planning Board General Information Recreation Advisory Committee Town of Wrightsville Beach Surface Water Use Plan Organization and Management Board of Aldermen Town of Wrightsville Beach Surface Water Use Plan Steering Committee Town Staff/ Consultant Team Citizen Advisors Resource Advisors • Board of Aldermen provides direction to Steering Committee, early in the process as well as during review of draft plan; they also hold a formal public hearing to consider adoption of the plan. • Steering Committee guides preparation of the Surface Water Use Plan and recommends plan to Board of Aldermen. • Planning Board provides input on draft plan to Steering Committee. • Citizen Advisors and Resource Advisors provide input and perspective at organized public input meetings, as well as by letter, phone contact, etc. • Staff/Consultant Team provides technical and administrative assistance, organizes public involvement process and prepares draft and final plan. Glenn Harbeck Associates, Planning and Public Involvement PageA-I , Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Town of Wrightsville Beach Surface Water Use Plan Planning Process 1 Organize for Planning and Public Involvement Identification of 2 Surface Water Use Issues 3 Surface Water Use Findings and Analysis 4 Policies and Implementation Actions 5-0-- Public Comments on Draft Surface Water Use Plan 6 Joint Review Session: Board of Aldermen, Planning Board, Recreation Advisory Committee and Steering Committee M1 7 Public Hearing by Board of Aldermen to Adopt Plan Glenn Harbeck Associates, Planning and Public Involvement Page A-1 Federally Maintained Channels Navigation ChannelInlet Maintenance . u I' Uff[CJSjeril r , 9f1j) -ih =lot .InC;1ii!r•�pmnl�+�J•I� LY Nq 1 xx..,,....x•� • pN �I4 gWlg•lllll11110iiui xuuuw ,,, II -I p1r} a u= ��_� '1dV �� I�Ip� 9 y y` 1 _�• • IIINIW IN Ifx'N 114NIIIIIIN MIMNIryjI�IWI1111M1111W.11��1116'�AIi1111�1eNxW1�'pII�IIIN�MI pIp INI1IIIIII $I4fn�3N�,�������lbr:�} tli�ui..:r•.r�i.■I� �� � a eoo tsao zaoo uoo "The preparation of provided report was financed in part •_ through agrant gentent ProgmMNorth ughfun s Town of Wrightsville Beach North Carolina Coastal Management pmg- Man ugh funds g r provided by the Coastal Zone Management Act of1972, 7L7L as amended, which is administered by the Office of Technical Assistance b Ocean and Coastal Resource Mane¢ment Glenn Harbeck Associates NORTH APPROXIMATE SCALE IN FEET National Oceanic and Atmsphenc Administration." (11111111111 = = IIIIIIIIIII, IIIIIIIIlli11 m Milli. m IIIII. IIIIIII. IIIII. IM m m III- IIIIIII■ III- Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Identification of Issues Wrightsville Beach Surface Water Use Plan Results of Special Community Input Meeting Tuesday, June 19, 2001 •7:00 to 9:00 PM Wrightsville Beach Elementary School This report presents a summary of the issues identified, ranked and discussed during a special community input meeting held the evening of Tuesday, June 19, 2001 at Wrightsville Beach Elementary School. The report may be used to suggest the principal areas in need of research during the balance of the planning process for the Surface Water Use Plan at Wrightsville Beach. HOW THE CONCERNS WERE IDENTIFIED Shortly after the June 19th meeting was convened, the following question was presented on an overhead projector for consideration by the entire gathering of boaters, agency representatives and other interested citizens: What are some issues concerning boating and other uses of public trust waters in and around the Town of Wrightsville Beach? • Be Specific: What, where, when, etc. • Try to think of something no one else might think of. • Think about the perspectives of those who may not be here tonight. • Try to think ahead ten years from now. After two or three minutes of quiet brainstorming, a "prompt slide" was then placed on the projector suggesting numerous potential categories of issues for the group to consider. The prompt slide is presented beginning on the following page. Glenn Harbeck Associates, Planning and Public Involvement Page A-4 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC 1 5uriace water use rtan rossmte issue t-atei oones • Barge traffic • Pier length • Bath Houses • Piers • Boat charters • Porpoise • Boat fueling • Power boating- towable water sports • Boat parades • Primary nursery areas • Boat pump -outs • Public access- boat ramp(s) • Boat rentals • Public access- parking • Boat repair and maintenance • Public access- pedestrian • Boating courtesy/safety • Rafting/Rafting parties • Channel maintenance • Regulatory Issues • Commercial fishing • Sailboats (large) & regattas • Crabbing/crab pots • Sailboats (small) & regattas • Docks, dingy • Seals • Docks, private • Shellfish areas • Docks, public • Shellfishing • Education of Boaters/Others • Shore boat storage • Enforcement Issues • Shoreline treatment -bulkheads, rip rap, • Fishing licenses marsh, beach, etc. • Fishing tournaments • Spoil Areas • Floating homes • Sport fishing (boat) • Grass beds • Sport fishing (bridge) • Interagency cooperation • Sport fishing (surf) • Intergov'mental cooperation • Surfers • Intertidal flats • Swimmers • Kayakers and canoeists • Towing companies • Litter and trash • Transient boats and boaters • Marinas -dry stack • Triathlon • Marinas -wet slip • Speed limits- no wake zones • Marine Insurance • Waterborne concessionaires • Moorings • Waterborne taxis • Net fishing • Waterborne signage • Noise • Waterfowl • Para -gliding • Waterfront restaurants • Party boats • Wetland areas • Personal watercraft ("jet skis") • Wildlife • Pier fishing • Wind surfers Participants first recorded their issues and concerns on 3 x 5 cards. These issues were then transferred to flip chart sheets in small groups facilitated by members of the Surface Water Use Plan Advisory Committee. After all the items were listed on the flip chart sheets in the small groups, the entire gathering of citizens was invited to choose their top priority issues (from among all items) by a simple voting process. The voting process was conducting by giving each workshop participant a strip of ten, "sticky back" voting dots. After all the flip chart sheets from all small groups were mounted on a common voting wall, each participant was invited to choose their top ten priority items from among all the items identified. Each participant then placed their ten dots on the sheets next to ten distinctly different items. (Participants were instructed that they should not place more than one dot next to the same item or on different items that were very similar in nature.) Glenn Harbeck Associates, Planning and Public Involvement Page A-S , ' Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC The following pages contain a list of the surface water use issues which were identified during the community -wide input meeting. All items have been typed up just as they were recorded on the flip chart sheets. For the purpose of follow-up discussion and analysis, all items have been sorted into categories. The assignment of any one item to a particular category is a judgment call and is subject to other equally ' valid viewpoints. In some instances, an item may be included under more than one category. Similar ideas have not been combined so as to preserve the original content of each idea and to show the number of times that the same idea came up. The individual issues within each category have been arranged in order of the number of priority votes received. The results of the process are printed below. List of Issues Concerning Surface Water Use In and Around the Town of Wrightsville Beach —ARRANGED BY CATEGORY (As identified by citizens in attendance at the June 19, 2001 community input meeting) Issues Operation and Use of Jet Skis Priority Votes 47 - jet skis operating in an unsafe manner and in environmentally sensitive areas 19 - 'et ski use restriction, operating too close to swimmers 7 - 'et skis too close to shore 5 control 'et ski rentals under bride 4 - no age limit to drive, 'et ski do need license 3 more education, information about surfing, 'et ski regulations for visitors 2 - no jet skis in marsh areas 2 no personal watercraft in Banks Channel 2 personal watercraft too fast in marshes I 'et skis too noisy, tear up estuaries, inexperienced operators 1 'et skispeed limits 1 'et ski disregard 0 age limit to drive boat and jet ski 0 (issues continued on next page) IGlenn Aarbeck Associates, Planning and Public Involvement Page A-6 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Rnatino Fdnratinn 41 lack of awareness of "rules of the road" on water 12 - improve boater safety and education. licensing? 7 lack of education 6 - sailboat right of way (no understanding) 4 teenagers need to complete a boating course 3 - more education, information about surfing, 'et ski regulations for visitors 2 -post boating safety rules on bridges 2 inexperienced boat operators 2 increase safety training for boaters no life jackets in winter 1 more public safety information on swimming, riptides, etc. 1 - 'et skis too noisy, tear u estuaries inexperienced operators 1 - right of wayin regatta situations 0 - safety knowledge 0 - water use and boating education 0 clarification of which agency enforces which laws 0 Damaee to Nursery Areas. Marshes and Wildlife 35 et skis operating in an unsafe manner and in environmentally sensitive areas 19 - wakes are destroying the nurse areas 7 water use effects on wildlife 3 - no'et skis in marsh areas 2 protection of nursery areas 1 personal watercraft too fast in marshes 1 - 'et skis too noisy, tear up estuaries, inexperienced operators 1 loss of shorelines due to wakes and manmade structures 1 Water Access. Esoecially for Kavaks and Canoes 34 - surfing access and less restrictions 8 - adequate access for canoes and kayak 7 - need for seasonal ovemight access, beach launched water craft with regulations) 6 - lack of conventional / safe access for non -power and non -sail craft 5 - Wynn Plaza — add kayak launch to finger piers 5 - CAMA access areas too narrow 1 clarify parkingregulations at access points 1 - more access to the sound, ocean, street ends — public access 1 identification / clarification of access points (kayak, canoe 0 (issues continued on next page) Glenn Harbeck Associates, Planning and Public Involvement Page A-7 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Location and Mananement of Monrinv Areas 33 need for designated mooring areas to avoid conflicts with other uses 9 mooring revenue 8 - add limited number of mooring fields within the anchorage 4 - prime windsurfing areas conflict with anchored boats, especially across from Blockade Runner Hotel, conflict with sailingregattas also 3 - overnight mooring / anchor(holding tanks water quality 3 anchoring behind Scotchman removed 3 - unattended boats anchored for lengthy period adds congestion 1 mooring of boats / sewage / trash 1 - should have designated anchorage areas 1 anchorage areas not navigable 0 longterm mooring 0 - random mooring ok 0 mooring in Bank's Channel 0 - provide, as designated, anchoring area from junction of Motts and Banks Channels to the CausewayBrid e 0 provide a limited mooring field 2 rows for example) closest to the bride 0 Enforcement of Boating Laws 32 - enforcement of regulations we alreadyhave 13 - vigorous enforcement of wreckless operation statutes 6 - lack of fundin to enforce current regulations 5 problem with random stopping of boats with no apparent violation 2 - coordination of rules and enforcement 2 - over protected b lice I - too much Wildlife checking — harassment 1 enforce laws concerning damaging boat wakes outside of no wake zones 1 - more available enforcement 1 sharing cost of enforcement: source of revenue 0 - consistent patrol 0 lack of personnel to enforce current laws 0 Excessive Boat Sneed Close to Docks and Shore 29 - high speed boat operation close to docks 11 - unsafe speeds — too close to docks 5 - speed limits rather than no wake 4 - too many boats too close to piers, too fast 4 speed and density of various craft in restricted waterways weekends 3 - enforce laws concerning damaging boat wakes outside of no wake zones I - 'et skispeed limits I (issues continued on next page) Glenn Harbeck Associates, Planning and Public Involvement Page A-8 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Use of Wvnn Plaza 24 establishment and enforcement of regulations for Wynn Plaza docks 7 - uncertain about use of Wynn Plaza 6 Wynn Plaza — add kayak launch to finger piers 5 - Wynn Plaza — no enforcement 4 transit dockage at Wynn Plaza - more control of longer stays 2 Water Pollution from Fuel Snills/Stormwater Runoff 20 - pollution of waters by boats 6 - measures to prevent fuels ills and other pollution 6 surface water runoff 6 fuels ills —marina areas 1 - control of fuel and maintenance areas for boats 1 pollution problems — fuel, stormwater runoff 0 No Wake Zone. Lee's Cut 19 need no wake zone Pelican Drive / Lee's Cut 10 need no wake zone in Lee's Cut 5 expansion of no wake zone i.e. Lee's Cut 4 Trash an Reaches and in Water 1R - trash on beaches and in water 15 - beach and water pollution better control), impact on Masonboro Island 2 - mooring of boats / sewage / trash I - litter and trash 0 Mehl Liehts from Docks/Shoreside 17 - lighting on docks(blinding)14 bright lights from Marine Max a navigational hazard 3 Pumn Out Facilities 16 provide more marine pump out stations 4 - transient and anchored vessels dumping holding tanks in Banks Channel 3 - overnight mooring / anchor(holding tanks water quality 3 effective purnpout facilities, new re s 2 - sailboat pollution at anchorage 2 - mooring of boats / sewage / trash 1 - access to um out facilities 1 um out stations — money machines 0 provide marine sanitation pump -out facilities (issues continued on nest page) Glenn Harbeck Associates, Planning and Public Involvement Page A-9 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, AC No Wake Tones_ Generally 15 effect of no wake zones on traffic flow 4 no more no wake areas 3 too many and too extensive "no wake" zones slowing traffic 3 better "no wake" signage 2 - no wake buffer zone on Banks Channel — off piers — not whole channel 1 no wake zones causing shifting and build up of sandbars 1 property owners ft*g to control public waters 1 enforce current no wake zones — better signage 0 Public Rest Rooms 13 - more public restrooms 11 bathrooms for boaters 2 public restrooms 0 Safetv of Swimmers 13 et ski use restriction, operating too close to swimmers 7 lifeguard stand staffed daily from 10 to 6 3 enforce existing surf zones — don't mix surfing and swimming 2 more public safety information on swimming,riptides, etc. 1 - safety of swimmers 0 Surfing Access and Management 12 surfing access and less restrictions 8 more education, information about surfing, jet ski regulations for visitors 2 enforce existing surf zones — don't mix surfing and swimming 2 surfing restrictions 0 Navigatinn and Channel Maintenance 11 - need to support relocation and dredging of Mason's Inlet 8 channel maintenance — Lee's Cut 2 no wake zones causing shifting and build up of sandbars 1 sandbars 0 markers "19" and "21" — relocate or dredge 0 need for maps / charts of areas 0 Licensing of Boaters 8 licensing for boat operators 2 - licensing and restrictions 2 - all boat operators should be licensed 2 require drivers license for any boat operator or jet ski 1 set a minimum standard for operating watercraft 1 (issues continued on next page) Glenn Harbeck Associates, Planning and Public Involvement Page A-10 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Use of Banks Channel 7 - prime windsurfing areas conflict with anchored boats, especially across from Blockade Runner Hotel, conflict with sailing regattas also 3 no personal watercraft in Banks Channel 2 - no wake buffer zone on Banks Channel — off piers — not whole channel 1 numbers and size of docks on Waynick I congestion in Banks Channel and Masonboro 0 mooring in Bank's Channel 0 provide, as designated, anchoring area from junction of Motts and Banks Channels to the Causeway Bridge 0 -provide a limited mooring field 2 rows for example) closest to the bride 0 Boatine Congestion 7 - seed and de sity of various craft in restricted waterways weekends 3 limit boating density however possible 2 - unattended boats anchored for lengthy eriod adds congestion 1 - need to plan for increase in volume and craft size of commercial traffic 1 - congestion in Banks Channel and Masonboro 0 Rinht of Wnv for Sailing 7 - sailboat right of way no understanding) 4 - prime windsurfing areas conflict with anchored boats, especially across from Blockade Runner Hotel, conflict with sailing regattas also 3 1 right of way in regatta situations 0 Piers and Docks 6 create plan to address encroachment on waters by piers, marinas, etc. 5 numbers and size of docks on Waynick 1 private property rights, especially piers 0 less restrictions on dock size 0 Boat RamD 6 availability of boat rams 2 parking after launch of boat seasonal ass 2 why the barrier erected along Pelican Drive near boat ramp — moved problem further down rather than solving 1 parking meters at boat ram I abandon boat trailers at boat ramp taking up space 0 - public boat ram — lack of storage areas for trailers 0 - parking for boat owners 0 (issues continued on next page) Glenn Harbeck Associates, Planning and Public Involvement Page A-11 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Nnise from Rnats 4 excessive noise from certain types of boats 3 et skis too noisy, tear up estuaries inexperienced operators 1 noise from sailboat halyards 0 and Mi4cell9nennc boats docked and moored in unsafe locations during storms 3 small boat storage 2 hazards associated with continuous dredging a ui ent 1 long range problems with "melting pot" of users 1 too high a density of crab pots in confined areas I I love it as it is. I fishing inland with nets I - jurisdictional conflict 0 respect other people's likes and dislikes 0 floating homes regulations 0 cell phones and boating do not mix 0 Glenn Harbeck Associates, Planning and Public involvement Page A-12 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC I Ranking of Issues Concerning Surface Water Use I (As identified and ranked by citizens in attendance at the June 19, 2001 community input meeting) ISSUES PRIORITY VOTES ' Operation and Use of Jet Skis 47 Boating Education 41 Damage to Nursery Areas, Marshes and Wildlife 35 Water Access Especially for Kayaks and Canoes 34 Location and Management of Mooring Areas 33 Enforcement of Boating Laws 32 Excessive Boat Speed Close to Docks and Shore 29 Use of Wynn Plaza 24 Water Pollution from Fuel Spills/ Stormwater Runoff 20 No Wake Zone, Lee's Cut 19 Trash on Beaches and in Water 18 Bright Lights from Docks/Shoreside 17 Pump Out Facilities 16 No Wake Zones Generally 15 Public Rest Rooms 13 Safety of Swimmers 13 Surfing Access and Management 12 Navigation and Channel Maintenance 11 Licensing of Boaters 8 Use of Banks Channel 7 Boating Congestion 7 Right of Way for Sailing 7 Piers and Docks 6 Boat Ramp 6 Noise from Boats 4 Wakeboarding and Skiing 4 Miscellaneous Glenn Harbeck Associates, Planning and Public Involvement PageA-13 .Attention! Wrightsville Beach Area Boaters, Sailors, Fishermen, Surfers & Others The Town of Wrightsville Beach is holding a special meeting on June 19tn to hear your views on the use of boating waters in and around the Town. For example, what's your view on: • No wake zones? • Personal watercraft get skis)? • The boat ramp? • Mooring buoys? • Enforcement of boating laws? • Construction of docks and piers? Please attend and let your views be known: Wrightsville Beach Area Surface Water Use Plan Special Public Input Meeting Wrightsville Beach Elementary School` Tuesday, June 19, 2001 7:00 to 9:00 PM 'Take the first left after the Town Park on Harbor Island, (Coral Drive) and then go to the end of the street. Hosted by Surface Water Use Plan Advisory Committee Jim Busby Mike Merritt Kay Crocker Laura Head Arland Whnesides Bill Curry Liz Nins Steve Wright David Floyd Pat Lowe Martin Willard The Surface Water Use Plan is a special project of the Town of Wrightsville Beach made possible, in part, through a grant provided by the North Carolina Coastal Management Program. For more information call the Town offices at 256-7937 or visit the Surface Water Use Plan website at www.townofwrightsvillebeach.com Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Survey of Boaters Proposal to the US Coast Guard to Authorize Participation of Coast Guard Auxiliary PROJECT DESCRIPTION The Board of Aldermen of the Town of Wrightsville Beach has authorized the preparation of a Surface Water Use Plan for all public trust waters within the planning jurisdiction of the Town of Wrightsville Beach. The Town received a State grant from the Division of Coastal Management to offset, in part, the cost of the work The purpose of the plan is to study and make policy recommendations to resolve current and potential surface water use conflicts among the many different users of this, the town's most valuable natural and economic resource. The plan will address the existing and potential demands of different surface water "users" such as large and small craft sailors, water sports enthusiasts, commercial and recreational fishermen, personal watercraft ("jet ski") users, cancers and kayakers, surfers and swimmers, to name a few. Also included in the plan would be an inventory of existing and potential marine structures such as docks, wharves, piers, marinas and mooring facilities. Finally, the plan would identify, to some extent, important wildlife habitat, including wild foul and aquatic life in these waters. Management objectives for competing uses would be developed, and ultimately policies and actions would be developed to achieve the objectives. While competition for use of the town's public trust waters is steep, it has not yet reached critical levels. Experience and observation of other popular water -oriented communities however, reveals that serious conflicts do arise over time if left unattended. The idea of the Surface Water Use Plan is to identify and head off such problems before they become unmanageable. SURVEY OF BOATERS Purpose of the Survey The ultimate purpose of the survey is to better manage and improve boating safety in and around the heavily used waters of the Town of Wrightsville Beach, NC. To do this, the survey asks about five pertinent questions. One question, for example, is to determine: "Where are the boaters coming from who frequent the waters around the Town of Wrightsville Beach?" Are they primarily residents of the Town of Wrightsville Beach? Are they primarily residents of the City of Wilmington? Are they primarily residents of the unincorporated area of New Hanover County? Or, are they primarily residents from elsewhere in the State? The answer to this question has important implications concerning management responsibilities by government jurisdiction. Other questions have to do with where the boater "put in", the boater's principal activity that day, and their number of years of boating experience. (See attached survey form) Time Required to Administer the Survey So as not to inconvenience the boater, and to maximize efficiency, the survey has been designed to be administered in about one minute. Glenn Harbeck Associates, Planning and Public Involvement PageA-15 ' Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Plan of Execution For Administering the Survey The survey methodology is designed to capture a "snapshot" of the boating public in and around the waters of the Town of Wrightsville Beach on a peak season boating day. To do this, we need to survey all boats in use on the water that day from all "sources". And, while boats in the waters around Wrightsville Beach come from a variety of sources, fundamentally, they can be traced to one of two types of locations: (1) Boats coming from Private Marinas and Public Boat Ramps (Groupings of Boats) (2) Boats coming from Private Docks (Individual Boats) The survey approach is designed to capture both types of boaters. (1) Boats coming from Private Marinas and Public Boat Ramps A class of student researchers at the University of North Carolina, with the guidance of their professor, has agreed to conduct "point of entry" surveys at private marinas in the vicinity of Wrightsville Beach. Upon completion of each survey, the boater would be given a two -foot length of brightly colored surveyor's tape to tie to their antenna, grab rail, etc. The tape would serve as notice that the boat has been surveyed and would receive no further attention that day. (2) Boats coming from Private Docks The US Coast Guard Auxiliary has been approached with a request to survey boats on the water that may have originated from private docks, or that may have come from smaller or more distant marinas where a student researcher is not stationed. (If these boats are not included in the survey, the validity and purpose of the survey will be undermined.) Procedures would be to survey only those boats not tagged with the brightly colored surveyor's tape. Boats not tagged would be approached for the survey in the following order: First Priority: Boats already at rest Second Priority: Boats at no wake speed Third Priority: Boats moving at greater than "no wake speed" would not be approached until such time as they are observed to have slowed, of their own accord, to "no wake" speed or are at rest. There is no intent to "hail" boats or boaters actively underway. Further, the survey would not be administered in any location that, due to congestion, boat traffic, or other reason would pose a hazard. (The common sense and boating experience of Coast Guard Auxiliary would prevail.) Note: There would be no exchange of paper and no need to raft up or even touch boats. The survey taker would ask the few simple questions verbally and record the response on the survey form mounted on a hand held clipboard As noted above, the survey would take about one minute. Results of the Survey The results of the survey would be delivered to the Surface Water Use Plan Committee, the Town of 1� Wrightsville Beach Board of Aldermen and also shared with all appropriate agencies, including, but not limited to: the US Coast Guard and Coast Guard Auxiliary, the NC Wildlife Resources Commission, the New Hanover County Sheriffs Marine Patrol, the US Army Corps of Engineers, the City Council of the City of Wilmington, and the New Hanover County Commissioners. Appropriate acknowledgments would be made in the survey report concerning the contributions of the US Coast Guard and UNC-W to the project. Copies of the survey results would also be delivered to the local print and electronic news media. I� ' Glenn Harbeck Associates, Planning and Public Involvement PageA-16 Wrightsville Beach Area Boater Survey The Town of Wrightsville Beach, with the help of the US Coast Guard Auxiliary and UNC-W, is conducting a survey of boaters in our area. May I ask you a few quick questions? It will take less than 2 minutes. (If asked, the purpose of the survey is to help ensure an enjoyable, safe boating experience for present and future boaters.) Where did you put in today? (If survey is given at point of entry, just fill in) _ Boat Ramp at Wrightsville Beach Drawbridge _ Private Marina (name) _ Boat Ramp at Snows Cut _ Private Dock (closest street) Boat Ramp at Carolina Beach State Park _ Street End (name) _ Other (specify) What is/was your primary destination today? _1. Circle destination on map if possible 2. If not on map (specify) Boater's primary activity on the water today is/was (can be observed or asked): _ Just cruising _ Water Sports (Towables) _Driving PWC (Jet Ski) _ Fishing _ Sailing _ Canoeing or Kayaking _ Swimming/Wading _ Picnicking _ Traveling to _ Other (specify) What hours do you expect to be (were you) on the water today? _ _ am/pm to _:_ am/pm In which one of the following areas do you live? ("""important to pinpoint permanent residence) City of Wilmington Unincorporated New Hanover County _Town of Wrightsville Beach _Town of Carolina Beach _Town of Kure Beach _Outside the County (specify) About how many years have you been operatingthandling a boat? Would you like to add anything about your boating experience in this area?: Location where survey questions are asked: 1. Mark location with an'W' on map if possible 2. If not on map (specify) Estimate Boater's Age (Clyde): <18 18-25 26-35 36-45 46-65 65+ Boater's Gender: M F Number of people in boat: _ Type of Boat: Date: Tune: _ am/pm Name of survey taker Appraz Length: _ •.I .o .. as M am r so as r r are M an " as � a• s If possible, circle the stated or observed destination of the boater. If possible, mark an "X" where the questions were asked. If these locations are off this map, write in the locations where asked on the other side. 9 A Masonboro Is, Off North End _ �•' ,; 3 _. 5 SMI IN MU Boating Survey Area 15. Atlantic Ocean Town of Wrightsville Beach, North Carolina T,00ml AseMann M Glenn Harbeck Assocletes Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC I Results of Boater Survey Survey of Wrightsville Beach Area Boaters Saturday September 1, 2001 Introduction and Background As part of the Wrightsville Beach Surface Water Use Plan, a survey was conducted to determine the specific nature of boaters using the waters in and around the Town of Wrightsville Beach. The first Saturday in September was selected as "survey day" to allow for the assistance of UNC-W students (having recently returned to school), while still within the bounds of the traditional boating season. The intent was to conduct the survey in a single day so as to gain a snapshot of the total boating public on a peak season summer day. In addition, the survey period was focused on the hours from 6:00 am until about 2:00 pm, so as to "capture" the maximum number of boaters putting in for the day. A two -pronged approach helped to ensure that virtually all boaters on the water that day would be included. The first prong involved capturing boaters as they entered the water at numerous "put -in" locations. To do this, volunteers were recruited from two classes at UNC-Wilmington. Landside surveys were administered at eight significant put -in locations in the Wrightsville Beach area. At the conclusion of each successful survey, a bright orange length of flagging tape was given to the participating boater so as to mark each vessel as having been captured. The second prong involved approaching boaters on the water who were not captured at a "put -in" location. For this second prong, volunteers were recruited from the US Coast Guard Auxiliary to administer the survey to boaters on the water who did not exhibit flagging tape. The principal researcher/consulting planner for the Surface Water Use Plan was also in a boat on the water that day to administer additional surveys and to generally observe boats within the survey area. The two -pronged approach did, in fact, prove to be successful, in that by early afternoon, it was the rare boat that did not have bright orange flagging tape fluttering from their bow rail, grab rail, antennae or other boat part. In all, nearly 300 survey forms were successfully administered that day. The survey form involved 12 questions, half of which were asked verbally, and half of which could usually be determined simply by the observation of the survey taker. The survey results begin on the following page. I I 1 I Glenn Harbeck Associates, Planning and Public Involvement Page A-19 ' IAppendices to the Surface Water Use Plan Town of Wrightsville Beach, NC 11 It Where did you put in today? 0% 10% 20% 30% 40% 50% 60% Ramp at Wrightsvile Beach Drawbridge Boat Ramp at Snows Cut Boat Ramp at Carolina Beach State Park Private Marina Private Dock Street End Other Over 60% of area boaters put in at private marinas. This number rises to about 70% if private docks are included. Interestingly, only about 15% of area boaters put in at the public boat rump at Wrightsville Beach. This relatively small percentage of boaters using the public ramp is perhaps a reflection of the very limited capacity (parking) of this facility in the context of tremendous area population growth. With no additional public boat ramps to serve an exploding population, the private sector has stepped in, giving rise to significant numbers of slips in private marinas. Also, the survey revealed that no boaters surveyed in the Wrightsville Beach area that day had put in at the public ramp at Snows Cut in Carolina Beach. It is possible that the unpredictable, potentially stormy weather that day could have discouraged boaters from venturing too far from their boat ramp of origin. (about 20-30 minutes south along the waterway) Furthermore, surveys taken at the Snows Cut boat rump that day (but not included in these survey numbers) revealed that boaters putting in there consistently had destinations other than the Wrightsville Beach area. What is/was your primary destination today? 0% 5% 10% 15% 20% 25% 30% 35% Just Cruising/No Particular Destination Baldhead Island Banks Channel Figure 8/Rich's Inlet Masonboro Inlef/Jetties Masonboro Island Ocean/Offshore Intracoastal Waterway Other Nearly 30°/oof area boaters had no particular destination in mind. Almost 200/owere headed to Masonboro Island. Another 17°/oconsidered the Intracoastal Waterway to be their primary destination for the day. ' Glenn Harbeck Associates, Planning andPublic Involvement PageA-20 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Boater's Primary Activity on the Water Today 0% 10% 20% 30% 40% 50% Just cruising Sailing Traveling Outside the Wrightsville Bch Area Water Sports Crmables) Driving PWC (Jet Ski) ing/ Wading/Picnicking Fishing Canoeing or Kayaking Other Over half of all area boaters surveyed identified cruising as their primary activity. About 18% identified fishing as their primary activity. All other activities involved 5% or less of area boaters. What hours do you expect to be on the water today? 0% Morning Hours, Mostly Mid -Day Hours, Mostly Afternoon Hours, Mostly All Day Overnight 5% 10% 15% 20% 25% 30% 35% 40' The hours of peak boating activity were evenly distributed in the morning and afternoon with a significant peak during the mid -day hours. Only about 3%of area boaters planned to spend the night on the water. Glenn Harbeck Associates, Planning and Public Involvement Page A-21 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC U I II I� 11 11 11 is U] In which area do you live? 0% 5% 10% 15% 20% 25% 30% 35% City of Wilmington gated New Hanover County Town of Wrightsville Beach Town of Carolina Beach Town of Kure Beach Pander County Research Triangle Area Elsewhere in North Carolina Outside the State of North Carolina About 37% of boaters surveyed lived in the City of Wilmington. 9% lived in the unincorporated area, while 2% were from Carolina Beach. Interestingly, about 35% of boaters on the water the day of the survey were from other parts of the state outside New Hanover County and its municipalities (i.e. Pender County 3%, Research Triangle Area 12%, and Elsewhere in the State 20%). Only 16% called Wrightsville Beach their place of residence. (Note: Survey takers were instructed to make sure boaters were very specific about their place of residence.) How many years have you been operating/handling a boat? 0% 5% 10% 15% 20% 25% 30% 35% 5 Years or Less 6-10 years I � � 11-20 years 21 years or more Most boaters were, in their own estimation, very experienced in terms of number of years of experience handling a boat. Nearly 60% of all boaters said they had more than 10 years boating experience. Several survey takers commented that the response to this question was often "All my life % At the same time, nearly a fourth of all boaters on the water had five or fewer years of experience operating a boat. One boater responded, "Just since I put in my a new boat --about 45 minutes ago". 11 Glenn Harbeck Associates, Planning and Public Involvement Page A-22 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC ' Volume of Boats Surveyed at Various Locations Atlantic Marin I Creek Marina/Creekside Marin Boat Ramp at Wrightsville Beact Dockside Marine Masonboro Boat Yar Molts Channel/Banks Chanrn Seapath Marin Waterwa Other Location 0°h 5% 10% 15% 20% 25% 30% 35% 40% Forty percent of all boaters were surveyed at locations in the Intracoastal Waterway. In fact, two US Coast Guard Auxiliary boats positioned themselves in the middle of the waterway north and south of the drawbridge over the waterway at Wrightsville Beach. This put them in an ideal location to capture a large number of boats as they entered the heavily congested no wake zone near the drawbridge, marinas and boat ramp. Another 17% were surveyed as they put in or took out at Bradley Creek and Creekside Marinas in Bradley Creek. Boat Operator's Age 0% 5% 10% 15% 20% 25% 30% 35% <18 18-25 26.35 1 I 1 I I 3645 1 I 1 i i 4"5 65+ Boat operators, on average, were well represented by the baby boom generation —now about 40 to 55 years of age. Nearly a third of all boat operators were aged 36-45 alone. Even so, there was a disproportionate number of younger boat operators, with nearly 40% of all those surveyed 35 years of age and younger (Generation X'ers and the Baby Boom Echo). Only about 3% of area boaters were over 65. Boat Operator's Gender 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Male Female Over 90% of all boat operators were male. Glenn Harbeck Associates, Planning and Public Involvement Page A-23 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Number of People in Boat >6 6 7 6 5 4 3 2 I 1 I I 0% 5% 10% 15% 20% 25% 30% 35% One third of all boats had two people on board. On fourth had only one person. Another 30% had three or four people on the boat. Thus, nearly 90% of all boats had four or fewer people on board. Power Boat, <16 Power Boa[, 16-20 Power Boat, 21-25 Power Boat, 26-40 Power Boat, Over 40 Sailboat, 25 feet or Sailboat, 26+ Kayak, or other Paddle f Personal Watercraft (Je Type of Boat 0% 5% 10% 15% 20% 25% 30% 35% teat feet I 1 I feet I I feet 1 I feet less feet :rah sk) Fully one-third of all boats on the water were power boats from 16-20 feet in length. The next largest category was made up of power boats 21-25 feet in length. Power boats less than 16 feet and those over 25 feet in length were roughly evenly represented at about 17% of all boats on the water. Interestingly, only about 2% of all boats surveyed were sailboats, while fewer than 3% were canoes, kayaks and other paddle craft. At the same time, personal watercraft comprised about 6% of the boat volume that day. Glenn Harbeck Associates, Planning and Public Involvement Page A-14 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Would you like to add anything about your boating experience in this area? (comments volunteered) Boats too fast/ enforce no wake zone Boat traffic/boat congestion/too crowde Control, contain, zone for jetskis/ ban jetski; reckless, crazyjetskiers Require, push boating safety and educatic courses/require licensing Crowded boat ramp/ need additional boat acces Trash receptacles, disposal facilities at ramp Enforcement personnel to reduce routine stop: pullovers/ instead focus on troublemakers Better channel markers, buoy Miscellaneous Comment 0% 5% 10% 15% 200/6 25% 1 / f 3 s s The final question in the survey allowed each boater to volunteer comments about their boating experience in the Wrightsville Beach area. Responses were then clustered into categories. Foremost among the comments received were those about jet skis and the need to regulate them. A three-way tie for second place involved general comments about boating congestion, the need to push boater safety and education courses, and the crowded conditions at the public boat ramp. Other comments concerned the need for trash receptacles, boats going too fast, a need for better channel markers, and requests that law enforcement personnel reduce routine stops and focus on troublemakers. Glenn Harbeck Associates, Planning and Public Involvement Page A-25 I Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Boating Data Section This boating data section presents an array of information regarding boating activity in New Hanover County. In some instances, the data for New Hanover County is compared with data from other North Carolina coastal counties with substantial shorelines along the waters of the Atlantic or its estuarine sound areas. Information is generally presented on boat registrations, boating accidents, boating education, jet ski numbers and area marinas. Registered Boats New Hanover County has the highest number of registered boats of any of the coastal counties examined. In fact, the actual number of boats competing for use of the County's waters is much greater. One need only consider the number of boats on trailers headed east on I-40 on any weekend to appreciate these greater numbers. Further, these registered boats do not include small sailboats or the rapidly growing numbers of kayaks and canoes in area waters. Registered Boats, 2000 Selected NC Coastal Counties Pender County Pamlico County Onslow County New Hanover County Hyde County Dare County Currituck County Carteret County Brunswick County Beaufort County 0 2000 4000 6000 8000 10000 12000 14000 Source: Connie Murphy, North Carolina Wildlife Resources Commission, (919) 773-2881, W 240 for Registered Boats Glenn Harbeck Associates, Planning and Public Involvement Page A-16 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Registered Boats Relative to Population New Hanover County has nearly the twice the number of boats per capita as the State as a whole. Source: North Carolina Wildlife Resources Commission for registered boats. NC State Data Center for population. Registered Boats Relative to Water Area The information in the table below and the chart following is provided as an indicator of the high number of boaters competing for a very limited amount of surface water in New Hanover County. Note, for example, that there are 557 boats for every square mile of surface water in New Hanover County, while in Dare County there are just 6 boats per square mile of water. In fact, the situation in New Hanover County is more severe than these numbers suggest. Much of the surface water area in New Hanover County may be attributed to the Cape Fear River, a water body that, due to its brown (tanic) color, strong currents, and commercial shipping use, has only limited use for most recreational boaters. Thus, the number of registered boats per square mile of water in New Hanover County is probably twice the number indicated. Registered Boats/ Registered Water Area Square Mile of Boats, 2000 (Square Miles) Water Beaufort County 5691 131 43 Brunswick County 7255 39 186 Carteret County 9964 526 19 Currituck County 2902 183 16 Dare County 4795 865 6 Hyde County 814 766 1 New Hanover County 12249 22 557 Onslow County 7022 52 135 Pamlico County 2256 225 10 Pender County 3692 9 410 North Carolina 355089 3996 89 Glenn Harbeck Associates, Planning and Public Involvement Page A-27 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Registered Boats/ Square Mile of Water, Selected NC Coastal Counties, 2000 Beaufort County Brunswick County Carteret County Currituck County Dare County Hyde County New Hanover County Onslow County Pamlico County Pender County North Carolina 0 100 200 300 400 500 600 43 86 ' 19 16 ' 1 ' Source: North Carolina Wildlife Resources Commission for Registered Boats. Statistical Abstract of North Carolina Counties, 1991 for Water Area Statistics Registered Boats Relative to Boating Education Students The chart below shows the dramatic decline in persons enrolling in boating education classes relative to the total number of boats registered in the state over the past twenty years. Boat Registrations Compared to Boating Education Students, State of North Carolina, 1980 to 2000 400, 000 350,000 36 300, 000 15 250,000 4,666 8,019 200,000 --$—Boats Registered 150,000 —FBoating Education Students 100,000 90 50,000 2 0 1980 1985 1990 1995 2000 Source: NC Wildlife Resources Commission, Division of Enforcement, NC Report of Boating Accidents and Fatalities, 2000 Glenn Harbeck Associates, Planning and Public Involvement Page A-18 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC I Boating Accidents While New Hanover County is only one of 100 counties in the State of North Carolina, over the past decade it has accounted for nearly 7% of all boating accidents in the state. In 1994 and 1999, New Hanover County accounted for over 10% of all boating accidents statewide. 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% Boating Accidents In New Hanover County as a Percentage of All Boating Accidents in the 100 Counties of North Carolina iP, VM1 11 1992 1993 1994 1995 1996 1997 1998 1999 2000 Total The chart below indicates that, since 1992, nearly 5% of all fatal boating accidents occurred in New Hanover County. 1998 and 1999 were especially bad years as the number of accidents involving death rose to 10 and 14% of the state total, respectively. Significantly, the numbers in this chart do not show the total number of fatalitiesbut rather only the total number of fatal boating accidents. Thus, a fatal accident may account for more than one death. 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% Fatal Boating Accidents in New Hanover County as a Percentage of All Boating Accidents in the 100 Counties of North Caroliona 1992 1993 1994 1995 1996 1997 1998 1999 2000 Total Source for this chart and the previous one: NC Wildlife Resources Commission, Division of Enforcement, NC Report of Boating Accidents and Fatalities, Reports for 1992 through 2000 Glenn Harbeck Associates, Planning and Public Involvement Page A-19 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Jet Skis In New Hanover County The chart below would seem to indicate that purchase of jet skis reached a peak in the middle of the last decade, with nearly 200 registered in 1996 alone. 200 180 160 140 120 100 80 60 40 20 0 Registered JetSkis by Model Year, New Hanover County from Year 2000 Boat Registration List 1992 1993 1994 1995 1996 1997 1998 1999 2000 Despite the apparent moderation in the pace of new jet ski registrations, the growth in their numbers continues to outpace the growth in numbers of boats generally. As a result, jet skis as a percentage of all boats registered has continued a steady climb. 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% Jet Skis as a Percentage of All Registered Boats in New Hanover County, 1992-2000 1992 1993 1994 1995 1996 1997 1998 1999 2000 Source: NC Wildlife Resources Commission, NC Boat Registrations, New Hanover County, July,2001 Note: The numbers used to calculate these percentages are an approximation, based upon jetskis registered by model year as shown on the year 2000 registration list from the NC Wildlife Resources Commission. In years prior to 2000, the actual number could be somewhat greater than as shown, due to the registration of some jetskis that have since been removed from service. Glenn Harbeck Associates, Planning and Public Involvement Page A-30 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Major Marinas Within Twenty Minutes Cruising Time of Wrightsville Beach The table below provides the relative number of wet and dry boat slips within a boater's comfortable cruising range of Wrightsville Beach for a typical outing on the water. Note that of the some 2500 slips enumerated, about one third are dry slips and two thirds are wet. Further, over 800 are located at Bradley Creek Marina and Creekside Yacht Club, both in Bradley Creek, outside the jurisdiction of Wrightsville Beach. In fact fewer than 500 slips, or less than 20%, are located within the jurisdiction of the Town of Wrightsville Beach. a Wet Dry Total Name of Manna Address' `' c' orTo%vn zip = Slips I Slips Sli s �AirlieMarina !1402AirlieRd. Wilmington 28403 58 0 58 Bradley Creek Marina P.O. Box4867 Wilmington 28405 165 256 421 :Bridge Tender Marina P.O. Box 1037 Wrightsville Beach 28480 65 0 65 Canady's Yacht Basin Marina 7624 Mason Landing Rd Wilmington .28405 _ 72 10-82 CreeksideYachtClub 6334 Oleander Dme Wilmington 28403 0 380 380 _ Dockside Marina — ----- 13oeanieRd. ---- wAmington - -�-- zaao3 - 27, -0- 0 27 Inlet Watch Yacht Club 801 Paoli Ct, #1 Wilmington 28409 200 200 Johnson Marine Services 2029 Turner Nursery Road Wilmington 28405 60 0 60 Marine Max Carolinas 130Short St WrghtsvilleBeach 28E480 5 165 170 Masonboro Boat Yard/Marina 609 Trails End Road Wilmington 28409 105 50 155 Mason's Marina a- 7421 Mt. Pleasant Dr. Wilmington 2e405 30 1 31 --- ----- -- _..._.-_--------- Oak Winds Marina 2127 Middle Sand Loop Rd ---- -- Wilmington ----- 28405 - .._�. 44 - 44 _ Otter Creek Landing Yacht Club -- 123 Harper Ave - - --- Carolina Beach 97 - 97 Scott'sHillMarina 2570 Scott's Hill Loop Rd. Wilmington 2&111 62 0 62 SeaPaii Yacht Club P.O. Box 690 Wrightsville Beach .28480 187: 187 Shandy Point 110 Crojack Lane : Wilmington 28409 26 26 _ ___ _ Tangle Oaks Yacht Club 5247 Martna Club Dr Wilmington 28403 99 99 — Waterfronte Villas and Yacht - -- - . _— 129 spencer Parkrx or. - --- caraina Beach .-- 28428 - ---- 160 - -- - 160 -- - - - _----8- Wn htsvill-e Yacht Club P O. Box 1215------ Wrights---ville- Beach-- 2aaeo— - 89 0 89 TOTALS 1665 862 2527 Source: coastalmarmas Glenn Narbeck Associates, Planning and Public Imolvement Page A-31 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Existing Ordinances This appendix includes the specific language of several laws applicable to boating in the Wrightsville Beach area. Included are laws concerning jet skis (personal watercraft), no wake zones, and the overnight anchorage of vessels. ARTICLE IV. PERSONAL WATERCRAFT SAFETY* (New Hanover County Code of Ordinances) 'State law reference(s)—Personal watercraft, G.S. 75A-13.2 et seq. Sec.69-111. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Personal watercraft means a small vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which Is designed to be operated by a person sitting, standing or kneeling on or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vehicle. (Code 1978, § 12-143) Cross reference(s)—Definitions generally, § 1-2. Sec. 59-112. Operator. A person shall not lease, hire, rent, operate or knowingly give permission to operate a personal watercraft on the waters In this county unless the operator is 16 years of age; however, this prohibition is subject to the following exceptions: (1) A person between the ages of 13 and 16 may operate a personal watercraft if he has completed a boater's safety education course approved by the N.C. Department of Wildlife and Natural Resources, U.S. Coast Guard Auxiliary or National Association of State Boating Law Administrators and Is in possession of the certificate at time of operation. (2) A person between the ages of 13 and 16 may operate a personal watercraft without certification if accompanied by an adult age 18 or older. The lanyard of the personal watercraft must be attached to the adult (Code 1978, § 12-144) Sec. 59-113. Required equipment A person shall not operate a personal watercraft on the waters of the county Glenn Harbeck Associates, Planning and Public Involvement Page A-31 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC ' unless such personal watercraft is equipped with a self -circling device or a lanyard -type engine cutoff switch. If equipped with a self -circling device, such device must be fully operational. If equipped with a lanyard -type engine cutoff switch, the lanyard must be attached to the operator's clothing, body or personal flotation device. (Code 1978, § 12445) Sec.69-114. Speed. In the following specified areas, no person may operate a personal watercraft in excess of headway speed, which shall not exceed five miles per hour: (1) Within the posted waters of the University of North Carolina at Wilmington research leased area. (2) Within 50 feet of posted waterbird sanctuaries or management areas. (3) Within 50 feet of a person in the water or an anchored vessel. (4) Within 50 feet of a pier or dock In the waters of the county excluding the waters of the Intra-Coastal Waterway. (5) Within the county waters of the Atlantic Ocean, within 50 feet of persons in the water or surf fishermen. (6) Within 25 feet of marsh or shore within the following areas: a. Bounded by the Atlantic Intra-Coastal Waterway to the west, Shinn Creek to the south, Banks Channel to the east and Motts Channel to the north. b. Bounded by the Atlantic Intra-Coastal Waterway to the west, Lee's Cut and the Highway 74 bridge extending across the waters of Banks Channel within the Town of Wrightsville Beach, North Carolina, to the south, the mainland of the Town of Wrightsville Beach to the east, and the creek leading from the Atlantic Intra- Coastal Waterway to Mason's Inlet to the north. (7) Bounded by the Atlantic Intra-Coastal Waterway to the west, Masonboro Island to the east, Masonboro Channel to the north, and Carolina Beach Inlet to the south (this marsh area is within the boundaries of the Masonboro Island component of the North Carolina National Estuarine Research Reserve System). (8) Bounded by the Atlantic Intra-Coastal Waterway to the west, Rich Inlet to the north, Mason Inlet to the south and Figure Eight Island to the east. (Code 1978, § 12-146) Glenn Harbeck Associates, Planning and Public Involvement Page A-33 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Official "No Wake" Zones in New Hanover County 15 NCAC 1 OF .0314 NEW HANOVER COUNTY (a) Regulated Areas. This rule applies to the following waters in New Hanover County: (1) that area bounded on the north by the bridge of US 74-76 crossing the Intracoastal Waterway, on the south by a line parallel to the center line of said highway and intersecting Intracoastal Waterway marker number 127, on the west by the high water line of Wrightsville sound, and on the east by a line perpendicular to the center line of said highway and intersecting marker number 27 in Motts channel. (2) that area of Motts Channel between marker number 27 at the Intracoastal Waterway on the west and marker number 16 at the entrance from Banks Channel on the east; (3) that area bounded on the west by the bridge of US 76 crossing Bradley Creek, on the north and south by the banks of said creek, on the east by a line parallel to the centerline of the aforesaid highway, said line being 1,000 feet, more or less eastwardly therefrom and intersecting the westernmost port (black) marker in Bradley Creek Channel; (4) that part of Lee's Cut between the Intracoastal Waterway and the eastern boundary of the Lee's Cut -Channel Walk property at Wrightsville Beach; (5) the unnamed channel lying between the shore west of Bahama Drive in the Town of Wrightsville Beach and an unnamed island located approximately 300 feet northeast of the US 74 bridge over Banks Channel; (6) those waters of the Northeast Cape Fear River between the US Hwy 117 bridge and the Seaboard Coastline Railroad bridge. (b) Speed Limit. No person shall operate a vessel at greater than no -wake speed within any of the regulated areas described in Paragraph (a) of this rule. (c) Placement and maintenance of markers. The Board of Commissioners of New Hanover County is designated a suitable agency for placement and maintenance of the markers implementing this rule, subject to the approval of the United States Coat Guard and the United States Army Corps of Engineers. History Note: Authority GS 75A-3; 75A-15 Eff. Februaryl, 1976, Amended Eff. July 1, 1993, May 1, 1989; June 1, 1987, May 1,1987.. Glenn Harbeck Associates, Planning and Public Involvement Page A-34 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC , II CJ GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 SESSION LAW.1.999-95. 96USE BILL 772 AN ACT TO ESTABLISH A NO -WAKE ZONE IN.THE WATERS OF LEE'S CUT The General Assembly of North Carolina enacts: Section 1. It is unlawful to operate a vessel at greater than no -wake speed in the waters of Lee's Cut in New Hanover County. No -wake speed is idle speed or a slow speed creating no appreciable wake. Section 2. The municipality or county with jurisdiction over the area of Lee's Cut may place and maintain markers in accordance with the Uniform Waterway Marking System and any supplementary standards for that system adopted by the Wildlife Resources Commission. All markers of the no -wake speed zone shall be buoys or floating signs placedyin the .water' and must be in sufficient number;and.size io'give adequate.waininq'of the no -wake speed zone to vessels approaching from 'various directions. Section 3. Violation of this act is a Class 3 misdemeanor. Section 4. This act is enforceable.under G.S. 75A-17 as if it were a provision of.•Chapter 75A of the General Statutes, Section 5. This act is'effective when it 'becomes law and is enforceable after markers complying'with Section 2'of this act are placed in the water to mark the no -wake zone. In the General Assembly read three times and ratified this the 26th day of May, 1999. s/ Marc Basnight President Pro Tempore of the Senate s/ James B. Black Speaker of the House'of`Representatives Glenn Harbeck Associates, Planning and Public Involvement Page A-35 �. � , a es, South L c� of Harbor Island c' rn 1 I �anKs Cfa South _ � t c \ . o 0 0 No a NORTH 11 Official No Wake Zones in the Wrightsville Beach Area Existing Proposed i111 111111 1 Atlantic Ocean o sm +coo 2400 1200 .The preparation of this report was financed in part 7L7Lthrough a grant provided by the North Carolina Coastal Management pmgram,thmugh funds provided by eIe Coastal Zone Management Act of1972. as amended which is administered by the Office of Ocean and Coastal Resource Mans¢menL APPROXIMATE SCALE IN FEET National Oceanic and Arnosphenc ACkni baton" Waterway, North of Drawbridge i-- r Town of Wrightsville Beach, North Carolina Technical Assistance by Glenn Harbeck Associates Appendices to the Surface Water Use Plan Town of Wrightrville Beach, NC ' I The Town of Wrightsville Beach uses the following tag to warn boaters anchored overnight as to whether they have "overstayed their welcome". WRIGHTSVILLE BEACH POLICE DEPT. 321 CAUSEWAY DRIVE WRIGHTSVILLE BEACH, NC 28480 ►M61,112111►`(tl NAME/NUMBER Wrightsville Beach Town Ordinance #92.19 prohibits anchoring/mooring of vessels for more than 30 days in Wrightsville Beach Waters. This vessel has been anchored/moored in Wrightsville Beach waters for more than 30 days and is subject to impoundment at owners expense if not removed by By Order: Chief of Police Date: The following legislation authorizes several municipalities bordering the coast of North Carolina to regulate swimming, jet skis, surfing and littering in the Atlantic Ocean and other waterways adjacent to these towns. § 160A-176.2. Ordinances effective in Atlantic Ocean. (a)A city may adopt ordinances to regulate and control swimming, personal watercraft operation, surfing and littering in the Atlantic Ocean and other waterways adjacent to that portion of the city within its boundaries or within its extraterritorial jurisdiction; provided, however, nothing contained herein shall be construed to permit any city to prohibit altogether swimming or surfing or to make these activities unlawful. (b) Subsection (a) of this section applies to the Towns of Atlantic Beach, Cape Carteret, Carolina Beach, Caswell Beach, Emerald Isle, Holden Beach, Kill Devil Hills, Kitty Hawk, Long Beach, Manteo, Nags Head, Ocean Isle Beach, Southern Shores, Sunset Beach, Topsail Beach, Wrightsville Beach, and Yaupon Beach, and the City of Southport only. (1991, c. 494, ss. 1, 2; 1991 (Reg. Sess., 1992), c. 801; 1993, c. 67, s. 5; c. 125, s. 2; 1993 (Reg. Sess., 1994), c. 625, s. 1; 1997-48, s. 1.) Glenn Harbeck Associates, Planning and Public Involvement Page A-37 i I II I 1 I 1! Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Grant Funding Sources Shown below and on the following pages are two sources of grant funding that are available for use in support of boating safety education and similar projects. They may be reached at the following addresses: National Safe Boating Council (e-mail NSBCdirect(a)safeboatin¢council.ore ) BoatU.S. Foundation( www.boatus.com/foundation/Grants/) National Safe Boating Council Announces Local Recreational Boating Safety Grant Program for 2002 Grants under this program are made possiDie through the Aquatic Resources (wallop/Breaux) Trust Fund, administereu by the US Coast Guard. This year, the National Safe Boating Council !NSBC) will make available S18,250,00 for local Recreational 9oating Safety (RBS) grants. Each project selected for funding will be eligible for a graft up to $1000,00. The NSBC encourages a wide range of projects that creatively focus on improving boating safety at the local Level and address local boating concerns and needs. Among ttie applications the NSBC hones to receive are protects addressing issues such as adaptive coating, paddle sport safety, fishing, the needs of local flotillas, and initiatives for instructor trairnng. However, applications are not timitej to these topics and NSBC will review and consider all applications that aretubmitted. Preference will be given to Nose pro3ects that expand on the 2002 North American Safe Boating Campaign slogan "Boat Smart From the Start, Wear Your Life jacket." Applicat:ons should 6e postmarked no later than January 25, 2002. for more information on this program, or to request an application, contact: NSBC Executivo Director Virgil Chambers P.C. Box 1058 Delaware, CH 43015 Tetephone: 740/666.3009 Fax: 7401666.3010 1 Glenn Harbeck Associates, Planning and Public Involvement Page A-38 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Boc7t a+t S Jz Foundation — / Duulu,g tiJ Iv 6 ciry uwT Grassroots Grants Program Back to Clean Water Back to Boating Safety Boating Safety Grants Oki ewt'asE;ltecipie�nquest.�WormeUo a Since 1989, the BoatU.S. Foundation has awarded over $5O0,O0O to local, volunteer organizations that use innovative approaches to educate boaters about safe boating practices. The Foundation makes at least $45,000 available each year for grassroots programs that solve specific problems and can be adopted by other groups across the country to fit their boating safety needs. To be eligible for grant funding, your organization must be volunteer, non-profit, and non -governmental. Award limits are set at $5,000 to ensure project diversity. In 2001, the Foundation selected 28 projects from 200 applicants. The U.S. Coast Guard Auxiliary is also eligible to apply for grants. While Auxiliary grant applications are judged by the same criteria as other organizations, the submittal process varies slightly. While most organizations submit applications directly to the Foundation, Divisions and Flotillas of the U.S. Coast Guard Auxiliary must submit their applications to the U.S. Coast Guard Auxiliary Association Incorporated. Upon approval by the USCG Auxiliary Association Director, Auxiliary applications will be forwarded to the Foundation and will be reviewed by the Grant Committee with all other applications. Applications for the 2002 grant cycle are currently being reviewed. The Foundation will notify all applicants about funding decisions by early January 2002. If you have any questions regarding the program contact Vanessa Pert, the Program Administrator. She may be reached by phone at The Bwaco Firemen's Association of Washington state produced signs and coloring books to encourage kids to wear life jackets. Public Broadcasting at Northwest Ohio filmed and broadcar public service announcements called Mostbg Knules'to promote safe boating In the Toledo area. (410)897-0949. Glenn Harbeck Associates, Planning and Public Involvement Page A-39 I Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC Grassroots Grants Program Boating Safety Grants �'^ r The following organizations were awarded grants for the year '�a "" 2001. Organization City State Project American Greater Amarillo Amarillo TX To Produce 2000 children's boating safety Chapter Red Cross coloring books and tow full -color launch ramp signs reminding boaters to wear life jackets. Apollo Beach Sail & Apollo Beach FL To produce 100 posters each month to address Power Squadron 12 different boating safety topics. Berkeley County Water Moncks Comer SC To install 50 signs at public boat ramps along Safety Council the shoreline of local lakes to encourage life jacket use. Boca Ciega Sail & Power Treasure Island FL To purchase materials to construct a "safety Squadron wagon." Boy Scouts of America Frederick MD To produce soundings at low tide on Back Sea Scout Ship 59 Creek of the Chesapeake Bay and distribute these color -coded maps to the boating public. Charlotte Power Squadron Charlotte NC To produce two banners with six Velcro attachments to promote Squadron activities. ClarkSkamania Flyfishers Vancouver WA To install two Informational kiosks that address river safety for kayaks and jet boats. Elizabeth River Power Chesapeake VA To implement a local Boating Safety Poster Squadron Contest for children. Erie Safe Boating Task Erie PA To install two weather resistant display cases at Force highly frequented marinas along the Pennsylvania shore of Lake Erie. Friends of Castaic Lake Castaic CA To implement the "PFDs for Kids" campaign by handing out coloring books and lifeguard badges to children wearing life jackets. Green Bay Sail & Power Green Bay M To host a boating safety event with the U.S. Squadron Coast Guard Auxiliary Department of Natural Resources local fire department Greenville Power Greenville Sc To produce weatherproof posters to advertise Squadron safe boating courses and life jacket use on Lake Hartwell. Glenn Harbeck Associates, Planning and Public Involvement Page A-40 Appendices to the Surface Water Use Plan Town of Wrightsville Beach, NC L Ilwaco Volunteer Fire Ihvaco WA To produce two full -color launch ramp signs Department reminding boaters to wear life jackets and 2000 children's coloring/activity books on boating safety. Lake City Yacht Club Lake City MN To print and laminate 1500 cards with emergency & safety Information New England Safe Boating Boston MA To produce and distribute 10000 stickerswith Council bps for paddle -sport safety. Public Broadcasting of Toledo OH To produce five one -minute informational spots Northwest Ohio entitled 'Boating Minutes" which would be broadcast beginning Memorial Day Weekend 2001. Quantico Yacht Club Quantico VA To produce and distribute 2000 laminated handouts to address "Man Overboard - Prevention and Recovery." Quincippi Yacht Club Quincy /L To install four aluminum signs on Hog Back Island to war boaters and swimmers of undertows and strong currents. San Luis Yacht Club Avila Beach CA To produce 10000 cartoon place mats for children and distribute 7500 tri-fold brochures from a sign at a boat ramp. Schuylkill River Power Shillington PA To create a mobile safety display that would be Squadron built around an existing sailboat hull. Smith Mountain Lake Moneta VA To reproduce and distribute 1500 copies of a Water Safety Council video filmed with the VA Department of Game & Inland Fisheries to address boating safety on Smith Mountain Lake. Thurmond Lake Sail & McCormick SC To implement the "Splash the Turtle and His Power Squadron Life Vest' campaign by producing posters coloring sheets and turtle magnets. U.S. Coast Guard Southem MO To purchase one PFD Panda as part of a Auxiliary Division S and Northern boating safety program for children. AK: U.S. Coast Guard West Coast of MJ To award t-shirts to children wearing life jackets Auxiliary Division 20/9CR Michigan: and distribute ski flags with boating safety messages to participants of a Vessel Safety Check. U.S. Coast Guard Chandler AZ To award t-shirts to children wearing life jackets Auxiliary Flotilla 10.8 and distribute ski flags with boating safety messages to participants of a Vessel Safety Check. U.S. Coast Guard Massapequa NY To implement the "Help From Above" campaign Auxiliary Flotilla 12-07 by producing 5000 brochures. Glenn Harheck Associates, Planning and Public Involvement Page A-41 I I