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HomeMy WebLinkAbout19890079 Ver 1_Complete File_19890101DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section March 28, 1989 M E M O R A N D U M TO: J hn Parke FROM: ill M' is SUBJECT: Application for CAMA Permit Dick Dolgas/Sundowner Motel Carteret County The Subject application has been reviewed for water quality impacts and the following comments are offered: a. The proposed project will not require a 401 Water Quality Certification. b. A discussion with DHS Shellfish Sanitation indicates that the proposed additional boat slips will not cause any additional closure of these SA waters which are already closed due to the existing marina facilities. Allowing this expansion is not expected to result in any loss of existing uses or violations of the Antidegradation Policy. C. It is important that sewage discharges from the marina be avoided in that these waters are still SA and, even though they are closed, the coliform standards are still applicable. The marina should be required to establish and enforce a locked-head policy and provide a sewage pumpout facility. There should be signs posted on the docks advising of the policy and the location of the pumpout system. There should be no live-aboards allowed at this facility. With proper restraints and controls on potential sewage discharges, we do not object to the permit. BM/dbp cc: Preston Howard DIVISION OF ENVIROMENTAL 14ANAGEtOff MEMORANDUM Date: March 1, 1989 To: Bill Mills Operations Branch From: James H. Gregson Wilmington Re 'onal Office Through: Donald Safr t Wilmington g onal Office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8902-D Richard Dolgas/Sundowner Motel Carteret County PROJECT DESCRIPTION: The applicant is proposing to perform maintenance dredging by backhoe, and construct 12 new boat slips. ADJACENT WATER BODY: Man-made canal off Bogue Sound CLASSIFICATION: SA STATUS: Closed The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will not require a 401 Water Quality Certification. 2. The project should not cause any additional closure of water to shellfishing, according to Bob Benton of Shellfish Sanitation (2-27-89). 3. Turbidity increases should not exceed 25 NTU due to the project. This office has no objection to the project as proposed. JHG:trw cc: DCM WiRO, CF TO: Bill Mills Operations Branch Division of Environmental Management Use Attainability Analysis for Proposed Marina Projects in Class SA Waters Project Name Section I. (Check all Appropriate Boxes or fill in Blanks) 61 Project Description A. New Marina ?Marina Expansion B. New Basin (dug out of high ground) (Include Specifications and Sketch) Existing Basin Expansion (Include Specifications and Sketch) Natural Waters .Others (Please describe below) ?flllvn d ria? Pc PQotr z 5 ?tr,? C. Proposed No. Slips --) -7 Existing No. Slips /15- D. Commercial Marina -Private Marina Publicly Owned Marina Other (Please describe below) E. Description of Any Unique Characteristics or Operational Proposals. Section Il. Existing Use Determination (for waters outside of marina basins) A. Closure Status (Check One) Open Waters Closed Waters (By Data) Date Closed Closed Waters (DHS Marina Policy) B. Will the proposed project result in additional closed acreage? (Please attached analysis showing calculations for area of closure.) Yes ? No Not Clear C. Does the area to be effected by any closure have significant shellfish resources? Yes No ? Unknown Briefly provide description of resource and any other characteristics. D. Has the area to be impacted by the proposed project been available for shellfish harvesting and has shellfish harvesting occurred since November 28, 1975? Yes No ,? Unknown E. Is the entire area to be impacted by the proposed project currently unavailable for shellfishing because of the DHS Marina policy or other irretrievable man induced impact? _,,-'Yes No If yes, briefly describe below. Section III. Attainable Use Determination (To be completed only if the answer to I I . A is Closed Waters (by Data), and if the answers to II. C and II. D are No). A. What are the major sources of pollution causing the closure? B. What actions are required to reduce or eliminate these existing sources of pollution"? C. Can the areas be expected to be open for shellfishing given reasonable efforts to control the existing sources of pollution? Explain. Section IV. Project Decision A. Recommend Project Denial There has been a recent shellfishing use (Answer to II. D is Yes) and the area is not currently irretrievably closed (answer to IL E E is NO). OR Shellfishing is a reasonably attainable use according to Section III. OR Insufficient information (Answers to II. C and/or II. D are Unknown) B. Recommend Project Approval There has not been a recent shellfishing use (Answer to II. D is No) and shellfishing is not a reasonably attainable use according to Section III. OR _,/The entire area is irretrievably lost to shellfishing as a result of the DHS policy or other irreversible man-inducted impact (Answer to II. E is Yes) C. Conditions to be included in permit (check appropriately) ,/Pump-out Facilities Locked-head Policy No Transient Docking _ lNo Live-aboards Only boats w/o heads D. What additional information is required to make an informed permit decision? This analysis and recommendation has been prepared by the Wilmington Regional Office. Date This evaluation of the attainability of shellfish uses in the waters in the vicinity of is approved by: Water Quality Section Date Director's Office Date R. Paul Wilms Director DIVISION OF COASTAL MANAGEMENT Lat:34042130" FIELD INVESTIGATION REPORT Long:76044124" 1. APPLICANT'S NAME Dick Dolgas - Sundowner Motel 2. LOCATION OF PROJECT SITE 93 Old Causeway Road, Atlantic Beach, man-made canal off Bogue Sound, Carteret County; * SEE 1978 AERIAL PHOTO #36-1692 (H-20) 3. INVESTIGATION TYPE: DREDGE & FILL X CA4A X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 7-21-88 12-15-88 (B) WAS APPLICANT PRESENT YES YES (* REVISED - January 4, 1989) 5. PROCESSING PROCEDURE: APPLICATION RECEIVED December 5, 1988 OFFICE Morehead City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Atlantic Beach LAND CLASSIFICATION FROM LUP Transition DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS PUBLIC TRUST WATERS -X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES X NO (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING septic tank PLANNED SAME (F) TYPE OF STRUCTURES: EXISTING motel, docks & parking lot PLANNED additional slips (G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS NONE (B) NON-VEGETATED WETLANDS: dredging - estuarine waters docks, public trust waters AREA DREDGED FILLED OTHER 2800 sq.ft. (C) OTHER: spoil area 9100 sq. ft 9300 sq.ft (D) TOTAL AREA DISTURBED: Approximately 21,000 sq. ft. bulkhead 8. PROJECT SUMMARY: Applicant proposes to perform main inq and construct 12 new slips. FIELD INVESTIGATION REPORT - RICHARD DOLGAS/SUNDOWNER MOTEL, CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Applicant's property is a 161' x 300' tract which is located at 93 Old Causeway Road, on a man-made canal off of Bogue Sound, in Atlantic Beach, Carteret County, N.C. The property is already densely developed with an existing 31 room motel, swimming pool, and a 15 slip marina. The applicant proposes to perform maintenance dredging and construct 12 additional slips. The proposed maintenance dredging is to be performed in a 230' x 10' area around the existing docks which currently have about 1' of water at MLW near the bulkhead, and about 22' of water at MLW near the end of the slips. The proposed dredging will be done by backhoe and will remove approximately 85 cu. yds. of sand which will be placed on highground on the applicant's lot. The dredging will provide 2' to 32' of water depth, or an additional 1' over the existing depths. The applicant also is proposing to construct 3 additional slips on the northern end of his docks and 9 new slips on the southern end. Dredging will not be required for construction of the additional new slips. The 3 slips on the north side will be created by building two (2) 20' x 3' finger piers and sinking 4 pilings. The 9 slips on the southern edge will be created by constructing a 27' x 6' main pier, with a 60' x 6' 'L'. Four (4) 3' x 15' finger piers and 8 mooring pilings will accompany this proposed dock. 10. ANTICIPATED IMPACTS: The waters of this man-made canal are closed to shellfishing by the Division of Health Services and are classified as 'SA' by the Division of Environmental Management. The proposed maintenance dredging will remove 85 cu. yds. of sand from 2,300 sq. ft. of shallow estuarine bottom. The highground spoil disposal area will disturb approximately 9,300 sq. ft. The docks will occupy approximately 9,100 sq. ft. of public trust waters. PREPARED BY: W. DAVID NOBLE DATE: FEBRUARY 2, 1989 Please type or print. Carefully describe all an- d. Describe the planned use of the project. ticipated development activities, including construc- Use by sportfishermen;. quests land clearing and filling paving tion excavation at Motel visiting the area , , , , , stormwater control. If the requested information is to fish coastal waterways. not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for ,:. 4 LAND: AND WATER _; all projects. ? ' CHARACTERISTICS _ ? , , 4 `1 APPLICAN'Y' r ` ' a. Size of entire tract 161 x 3 0 0 SUNDOWNER Richard J Do1gas-MnTEL N b. Size of individual lot(s) 134 x 300 . a. ame c. Elevation of tract above mean sea level or Na- Address P. O. Box 3365 tional Geodetic Vertical Datum 5 CityAtlantic Beac_4kaCe NC d. Soil type(s) and texture(s) of tract Zip 28512 1 Day phone 726-2191 Sand/silt XX Landowner or Authorized agent Very small amount e. Vegetation on tract b. Project name (if any) of sea grass which will temain. Expansion of existing dockage. f. Man-made features now on tract c. If the applicant is not the landowner, also give Motel & dockage facilities. the owner's name and address. What is the CAMA Land Use Plan Classifica- g' Deedholder - Thomas B. Preston tion of the site? (Consult the local land use P.O. Box 743 plan.) Morehead City, NC Conservation Transitional 2 8 5 5 7 XX Developed Community 2 I:OCATION '_OF PROPOSED Rural Other PROJECT h. How is the tract zoned by local government? ... .,. Commercial General Business i. How are adjacent waters classified, SLI SA a. Street address or secondary road number j. Has a professional archaeological survey been 93 Old Causeway Road carried out for the tract? N/A b ty, town . City, community, C landmark chl n If so, by whom? Atlantic Be N , County Carteret 5 UPLAND DEVELOPMENT d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project Complete this section if the project includes any BOGUE SOUND upland development. a. Type and number of buildings, facilities, or 3 DESCRIPTION AND PLANNED; structures proposed N/A USE OF PROPOSED PROJECT b. Number of lots or parcels NZA a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) N/A bulkhead, or pier). Expansion of existing dockage d. Size of area to be graded or disturbed and removal of minor amount sand build-up from existing e. If the proposed project will disturb more than boat slips. one acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both? Both sedimentation and erosion control plan been submitted to the Division of Land Resources? c. Will the project be for community, private, or commercial use? d percentage of the tract within 75 feet Private for Motel guests an high water to be covered by im- perm " bb a surfaces, such as pavement, REVISED fDEC 0 5 19?oild`; , or rooftops. N/A DA 8 C?t7U L, 1 g. List the materials, such as marl, paver stone, b. Amount of material to be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards 8 5 surfaces. N/A c. Type of material Sand/silt d. Does the area to be excavated include marsh- h. If applicable, has a stormwater management land, swamps, or other wetlands? No plan been submitted to the Division of En- e. High ground excavation, in cubic yards 0 vironmental Management? N/A f. Dimensions of spoil disposal area 9300 sq . f t . i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. N/A Boat trailer parking area. h. Do you claim title to the disposal area? Yes j. Have these facilities received state or local If not, attach a letter granting permission from approval? N/A the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future Septic tank system. Yes maintenance? ? Ifso,where? Trailer area & vacant lot. j. Does the disposal area include any marshland, 1. Describe location and type of discharges to swamplland,'or water areas?. No waters of the state (for example,- surface runoff, k. Will the fill material be placed below mean sanitary wastewater, industriallcommercial high water? No effluent, or "wash down"). 1. Amount of fill in cubic yards N/A Normal surface run-off. m. Type of fill material N/A n. Source of fill material N/A m. Water supply source Ci ty-piped water o. Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? No describe the steps that will be taken to main- p. Dimensions of the wetland to be filled N/A tain established public beach accessways or pro- q. How will excavated or fill material be kept on vide new access. N/A site and erosion controlled? Amount removed and where placed will not be effected by erosion. o. If the project is on the oceanfront, what will r. What type of construction equipment will be be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? N/A hydraulic dredge)? Backhoe 6 EXCAVATION AND `FILL s. Will wetlands be crossed in transporting equip- INFORMATION. r ment to the project site? No If yes, explain the steps that will be taken to lessen en- a. Describe below the purpose of proposed excava- vironmental impacts. tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin- (Maintenance) Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 230' 10' 12" 7 SHORELINE STABILIZATION.~ CX I?T1Ng a. Length bulkhead or riprap 2601 x i s t i n g b. Average i ante waterward on high water or normal w r level N c. Shoreline erosi LuriY?eding 12 months, in feet 0 on d. Type of bulkhead fe ' 1 Wood pil ink . onerete e. Amount of fill ,4n cubic y ds, to be placed water A it 1988 REVISED PATE _J - 1/- 2 S • 8 ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 1/z x 11 white paper. (Refer to Coastal Resources Commission Rule 7).0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name Mr. John Hamad Address Hamad Plaza Atlantic B acha NC 2851_. Name Mr. James I Phillips, Gen. Address Carolina Power & Light Co. P.O. Box 1559 Name ore ea City, Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9.CERTIFICATION AND.,'P,ERMIS-t. SION TO ENTER ON, LAND f Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is t 29th day of November , 1988 X ? Landowner or Autho ized agen Mgr . Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the ' map on the inside front cover for the appropriate ses and phone number. DCM office and addre[PF O REVISED DEC 0 5 WOO ,DATE _I -_1'9 9 --------------------------- 3 Form DCM-MP-2 MARINA DEVELOPMENT Attach this form to the Application for Permits to Develop in North Carolina's Coastal Area. Be sure to complete all other sections of that application which relate to this proposed project, including upland areas, even if duplicative. All shore-based facilities must be included in application and work plats. 1 MARINA CHARACTERISTICS ** EXPANSION OF EXISTING-DOCKAGE." a. Check below the type of marina proposed. Commercial Public Residential XX `Private-MOTEL b b. Will the marina be open to the general public? Motel Quests Only c. If there is residential development associated with the marina, how many units or lots are c planned? None d. Check all of the types of service to be provided. Describe treatment type and location for all sanitary wastewater. Septic tank system Describe solid waste, fish offal, and trash disposal. City service dumpster Full service, including travel d. How will overboard discharge of sewage from lift and/or rail boats be controlled? Not allowed. Dockage, fuel, and marine supplies Typical boats using facilities XX Dockage ("wet slips") onl are not equipped with tiolets. Number of slips 15 cx s r N Dry storage a.7 - i4 C12 n?r? ? Number of boats P°S e. Give the location and number of "No Sewage XX Boat ramp(s) Discharge" signs proposed. N/A Other (describe) e. Check below the proposed type of siting. XX Land cut and access channel -EXISTING Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for ex- ample, open runabout, charter boats, sail boats, or mixed types). Open runabout g. Typical boat length 16' - 28' h. Maximum boat length 30' i. Are any floating buildings planned? No if so, describe. AVY O 41 DEC 0 5 1988 ff REVIQED Lam; ;U U i 7L, DATE 14R 9 ---...................... - MARINA , OPEIIATIONS ` f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste, and petroleum pro- ducts. N/A g. Where will residue be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. Already established. a. Check each of the following sanitary facilities which will be included in the proposed project. Office toilets XX Toilets for patrons - Existing Number 31 Location Motel rooms XX Showers - Existing Boat holding tank pumpout Type and location Note: Regulatory signs such as these require ad- ditional approval by the N.C. Wildlife Resources Commission. A i. Give the location of fuel. handling facilities and describe the safety measures planned to protect area water quality. None 12rovided j. Describe design measures that promote boat basin flushing or circulation and reduce water quality impacts. Daily tide changes constantly flush the basin. k. What will be the marina policy on overnight and live-board dockage? Not allowed. 1. Is the proposed marina located near any shellfish leases? No If so, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? Electricity & fresh water at docks. 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