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HomeMy WebLinkAbout19990658 Ver 1_CAMA Application_19991213 ___ _ _ 4 f *„ e ~~~ ~_ NCDENR MEMORANDUM: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT .1AME9 B. HUNTJR. TO: Review Agencies -GOVERNOR FROM: T. Barrett SUBJECT: Snug Harbor Marina Village, Carteret County WAITtE MCDEVITT sECRETARY DATE: December 13, 1999 Please find enclosed the Major Modification to the original request from this same applicant. This is a modification to the application that is in circulation. Most DONNA D. MOFFITT DIRECTOR of you have commented earlier on the proposal, at the application level and in the EA process. The application has been on hold status while the applicant pursued the Environmental Assessment and then the Environmental Impact Statement. Based on comments received during these processes, the proposal has been resubmitted with modifications. A significant modification is the location of the marina channel, perhaps the most controversial aspect of the project. This feature caused concern regarding shellfish and SAV habitat. The channel has been relocated in an attempt to mollify these concerns. There were questions about the possible reduction in oxygen levels post construction of a basin and access channel. These have been addressed through the addition of a circulation channel. Other modifications to the proposal include alterations in the layout of the high ground development necessitated by redesigning the marina features. Please consider this as a replacement to the application you received in 1997. The project will need complete new review and appropriate comments. - have attempted to explain the changes to development and impacts. If you have - ~ any questions, feel free to call me. Thanks. cc: Ted Tyndall, DCM .. , . .~ ;,~ - ~~. .+` ~;3; ~F ~.~ i r ~,. MOR EH EAD CITY OFFICE +t6t ~C` HESTRON PLAZA II 1 S1-B HIGHWAY 24 MOREH EAO CITY NC 28557 ~ ! ~ -" PHONE 252-BOS-2808 FAX 252-247-3330 ... _ ,,.... ~: AN EgUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SOcYo RECYCLED/10% POST-CONSUMER PAPER DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Snug Harbor Marina Village, c/o F. Patrick Ausband 2. LOCATION OF PROJECT SITE: Adjacent to Nelson Bay and Salter's Creek on the south side of Highway 70, abutting the Salter's Creek bridge on its southwest side, in Carteret County. Photo -1995:54-643; A 16-22, B 15-21, C 14-21, D 15-22, E-20 1990:147-26; A8-14, B 8-14, C 12,13, D 13 State Plane Coordinates - X: 2778200-2779200 Y: 423200-425400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/17/97; 5/06/97; 11/05/98 Was Applicant Present - No; Yes (agent); No 5. PROCESSING PROCEDURE: Application Received - cc: 12/13/99 Office -Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Carteret County Land Classification From LUP -Rural/Conservation (B) AEC(s) Involved: EW, PT, CW, ES (C) Water Dependent: Subdivision - No; Marina -Yes (D) Intended Use: Commercial, Community (E) Wastewater Treatment: Existing -None Planned -Sewer (F) Type of Structures: Existing -Abandoned building, abandoned roadway Planned -Residential development, marina (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] r1RFiTl(;FTI l:'Tf T T...TI /1TTTnn (A) Vegetated Wetlands - - - --- ~ Y 1 1L1\ Coastal Marsh 810 sf Section 404 Wetlands 10,500 sf (B) Non-Ve etated Wetlands (C) Other Shallow Bottom Area 11,000 sf Hi h Ground/PC 171,900 sf 1,306,800 sf (D) Total Area Disturbed: 34.46 acres (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to develop a 34 unit residential development (24 cluster units and 10 residential lots) with a 53 wet slip residential and commercial marina. FIELD INVESTIGATION REPORT: 12/13/99 Snug Harbor Marina Village Page #2 9. PROTECT DESCRIPTION: The project site is a 41.8 acre tract adjacent to Nelson Bay in east Carteret County. The tract is bordered by US 70 to the north, Salter's Creek to the northeast, and Nelson Bay to the south. This property abuts the Salter's Creek bridge on its southwest side. The old Highway 70 extends across the project property, and has been abandoned. There is a dilapidated building on the south side of the property, apparently last used for the barking of fishnets. The tract is owned by the Sailor's Snug Harbor facility. According to USGS maps, the tract has an average elevation of +5' mean sea level. A large portion of the tract has been designated by the Natural Resource Conservation Service as wetland that has been prior converted for agriculture use, or PC fields. The applicant states that the fields are currently under cultivation. According to NRCS, there have been no recent crop records on the property, but the property has been .bushogged. Consequently, the owner is entitled to rotate the fields back into cultivation at any point. The fields have an extensive amount of ditching, totaling some 4850 linear feet. There is an existing spoil area on the north end of the tract that was previously used by the Department of Transportation. The southern boundary of this tract is bordered by coastal marsh comprised of S~artina alterniflora, Spartina ap tens, Salicornia spy, Juncus roemerianus, and some T,ypha sue. The system transitions landward into Section 404 Wetlands, typified with a shrub system of Iva frutescens, Borrichia frutescens, Magnolia vir ing iana, and Juniperus vir ing iana, transitioning again to forested wetlands with pines, oaks, and cypress. The Section 404 Wetland delineation has been accepted by the US Army Corps of Engineers. Typical soils on the tract are Leon and Hobucken Muck. The Carteret County Land Use Plan classifies the property as Rural, with all portions of the tract within CAMA Areas of Environmental Concern classified Conservation. Neither Nelson Bay nor Salter's Creek are designated Primary Nursery Areas. Both are closed to the taking of shellfish for consumption for the area south to Broad Creek Point. Both water bodies carry water classifications of SC. The adjoining waters of Core Sound are classified SA-ORW. There has been no archeological assessment performed on the property. The bottom areas of Nelson Bay and Salter's Creek are composed predominantly of silt and sand, with beds of submerged aquatic vegetation. The area supports shellfish beds, and has been documented by the NC Division of Marine Fisheries to contain oysters and clams, sufficient to designate the area as a "natural shellfish bed". This documentation is enclosed. The applicant has submitted documentation from consultants indicating that the area directly affected by the excavation proposed was found to support less than the required 10 bushels/acre of shellfish. Ron Secler, with the National Marine Fisheries Service, surveyed the area for submerged aquatic vegetation in early summer and found scattered SAV throughout the area. Again, the applicant has submitted findings from consultants indicating there to be no viable SAV habitat within the area of the proposed excavation. The tidal amplitude in upper Nelson Bay is approximately 1'. Snug Harbor Marina Village Page #3 Soundings in the waters adjacent to the property average 0' to -4' mean low water. In order to satisfy the Division of Water Quality's predicted dissolved oxygen level requirement of 5.0 mg/L, a consultant for the applicant ran water quality modeling using ambient oxygen levels in the surrounding waters of Nelson Bay. The results of the modeling indicated that the basin could supply a DO of 5.037 to 5.487 mg/L. The applicant is proposing to develop a 34 unit residential development, with a 53 slip marina, complete with fuel service, a ship's store and restaurant. The developer is proposing to construct 24 cluster homes on ±7000 square foot lots around the perimeter of the newly created boat basin, and sell 10 residential lots. The marina will provide 34 residential slips and will lease the other 19, the applicant's preference being to charter vessels. The proposal is to excavate an access channel from the Salter's Creek channel in Nelson Bay to an upland basin created from high ground and PC fields. These features are to be constructed by dragline and hydraulic dredge. The basin configuration is rectangular, approximately 470' x 190' in size. The current elevation is approximately +5.0 mean sea level, and the basin would be dredged to approximately -4.5' mean low water, requiring the removal of approximately 33,074 cubic yards of material. The spoil generated from this excavation would be used in tract preparation. The proposed access channel represents the most significant change to the proposal from the original application. The location has been moved eastward to an area of high ground and Section 404 Wetlands, based on comments from review agencies regarding the original proposal. This alignment represents alternative 3 of the possibilities addressed in the Environmental Assessment. This alignment is intended to reduce impacts to shellfish and SAV beds. The proposed channel will terminate in the Salter's Creek channel between channel markers 2 and 3. The access channel into the marina is to be excavated approximately 525' x 50' through shallow bottom area and Section 404 Wetlands (with approximately 400 sf of coastal marsh), and approximately 350' x 60' across high ground. The channel is to be excavated to a water depth of -4.75' and -5.0' mean low water. This will require the removal of ±8,000 cubic yards of high ground area and ±4695 of sandy bottom material and Section 404 Wetlands. The applicant has added a circulation channel to the proposal to increase flushing and reduce impacts to water quality. This feature is proposed for 290' x 20', with a finished depth of -2' nlw. The channel will be located in the southwest corner of the basin. The two channels and the basin will require the disturbance of approximately 11,000 square feet of shallow bottom habitat, 810 square feet of coastal wetlands, 10,500 square feet of Section 404 Wetlands, and 3.9 acres of high ground/PC Fields. The spoil from the excavation of the channel is to be placed in the relic spoil area at the north end of the property. This site is approximately 400' x 500', and will have a 4' dike wall. The effluent will discharge to the mean low water contour in Salter's Creek. After drying, the spoil will be used in site preparation. The spoil area has a capacity of approximately 29,630 cubic yards. There is no designated area for future maintenance of the marina. The basin would be stabilized through the installation of approximately 1970' of concrete Snug Harbor Marina Village Page #4 bulkhead wall. This shoreline stabilization will continue around the marina through the access channel, and again through the circulation channel, terminating on high ground. A boardwalk would extend around the perimeter of the basin for approximately 1190' x 8'. There are 27 finger docks proposed, ±12' x 4', extending from the boardwalk into the basin. Eighty six mooring pilings are proposed, approximately 35' from the boardwalk. A ship's store, fuel service, and a marina pumpout station will be provided landward of the bulkhead in its western corner, on approximately 4900 square feet of concrete skirting. The marina is intended to accommodate charter and mixed pleasure boats with an average size of 22' to 42', and a maximum length of 60'. There will be 4 public and office toilets, a restaurant, and showers available. No vessel maintenance is to be offered. There will be 3 signs prohibiting overboard discharge, and 3 signs stating the location of the available pumpout. The marina will have a "no live-aboard" policy. There are to be 4 channel markers directing vessels into the marina. The project will require the grading and filling of approximately 30 acres of high ground and PC fields for infrastructure and resident construction. The applicant has opted to employ a low density stormwater design, utilizing infiltration basins and close end roadside swales. A Stormwater Plan has been submitted and approved for this development, as has a Sedimentation/Erosion Control Plan. The road system will consist of a main road with two branching roadways for access into the marina, ship's store, and residences. There are 54 visitor parking spaces proposed along this area. The applicant proposes to construct the 24 cluster homes around the newly created marina. These will be situated on ±7000 square foot lots, with an impervious surface setback of 30' from the bulkhead. The homes will average from 1972 square feet to 2122 square feet of built-upon area, to include individual driveways. The impervious surface area within the Estuarine Shoreline AEC will be limited to 30%. The roadway and residence layout represents a minor modification to the original submittal, necessitated by the change in marina and access channel configuration. The abandoned section of US 70 is to be removed. The 10 residential lots proposed are up to 20,000 square feet in size, and are each platted with some amount of wetlands. These lots are to be sold to individuals wishing to construct their own homes. Lot 5 will present the most difficulties for development without allowing for fill of coastal wetlands. The applicant is proposing to serve the wastewater needs of the community by tying into the package treatment plant of the Sailor's Snug Harbor facility across Salter's Creek. The system would utilize gravity sewer to a lift station, and a force main to the treatment plant. Lines would extend under the proposed roadways, except for the extension to the marina pump station. From the lift station, located southeast of Highway 70, a 6" force main would parallel Highway 70, attaching to the Salter's Creek bridge, and connecting to the facility at Sailor's Snug Harbor. There is no authorization on file from the Department of Transportation for the connection to the bridge. Sailor's Snug Harbor has a permit fora 20,000 gallon per day wastewater treatment facility. Their present peak flows average from 6,000-8,000 gpd. The anticipated flow rate and Snug Harbor Marina Village Page #5 allocation for this facility is 10,580 gpd. This was calculated by the applicant assuming 7800 gpd from 26 residential units, 2,000 gpd fora 50 seat restaurant, and 780 gpd fora 26 slip marina. The community's water needs are to be met by the installation of a community well located approximately 470' east of the sewer lift station. There will be 4" water lines extending under the proposed roadways. 10. ANTICIPATED IMPACTS: The project as proposed will require the excavation of ±11,000 square feet of shallow bottom habitat, ±810 square feet of coastal marsh, and ±10,500 square feet of Section 404 Wetlands. The project will require the grading and filling of ±30 acres of high ground/PC fields, and the excavation of ±3.9 acres of the same. There is some contention between the federal agencies as to whether the PC designation entitles one to blanket development, or only to future cultivation. There may be indirect impacts to SAV habitat and shellfish beds outside of the proposed channel alignment due to increased water disturbance, sediment displacement reducing available sunlight, and additional shoaling, all attributed to increased boating activity. The cumulative impacts to be incurred from this proposal must include an indeterminate amount of wetland loss. Each lot platted in this development has within it some wetlands; most of the lots include a significant amount of wetlands, to include coastal wetlands. The developer has stated that he will disallow, by covenant, wetland fill. However, this will be impractical to control over the years as individual property owners apply for Nationwide Authorization to fill single lots. Any applicant who can meet the conditions of the Nationwide Authorization would likely be entitled. The proposed marina will offer fuel, carrying the potential for spill. The standard marina impacts can be anticipated, involving overboard discharge, introduction of fuel and other pollutants from the vessels into the adjoining waters, etc. The wastewater addition to the Snug Harbor treatment plant will not, as proposed, exceed the authorized limit of this facility. However, the estimate was very conservatively derived. There is no information submitted regarding the anticipated drawdown on the aquifer from the community well, and hence, no way to anticipate whether the usage will place excessive pressure on the aquifer. The designated spoil area will be incorporated into the development, and unavailable for future use. Regular maintenance of the marina may present a problem for spoil placement. Approximately 1.15 acres of the 41.8 acre tract would be made impervious by the developer under the proposal. T. Barrett December 13,1999 Morehead City August 13, 1998 CAMA Permit and EA/FONSI Chronology Snug Harbor Marina Village Sea Level, NC April 17, 1997 DMF Shellfish sampling/NMFS seagrass evaluation on-site April 22 Major CAMA Permit Application submitted Channel #2 May 19 Jones NCDCM responds requesting EA by Applicant June 3 DMF notification of presence of shellfish resource June 10 Draft EA submitted to DCM June 18 July 8 August 12 August 29 August 29 September 9 September 10 October 1 December 16 January 26, 1998 February 11 February 20 April 6 April 1 ~ June 8 June 22 July 9 August 12 Barrett DCM comments to Applicant on Draft EA Applicant submits completed EA to DCM McGee responds with EA agency comments Barrett DCM acknowledges receipt of CAMA permit application Barrett DCM issues CAMA Field Investigation Report Barrett DCM issues memo recommending permit denial Taylor DMF objects citing seagrass impacts Channel #2 Applicant request DCM to place review on administrative hold Applicant resubmits EA with Channel #3 as acceptable option. Applicant recommends FONSI for Channel #3 Daniels DMF objects citing shellfish beds and seagrass impacts. Taylor DMF accepts Applicant's field biologist's report. No shellfish resource or seagrass. Reserves right for further comment. Applicant requests informal. Departmental review session McGee responds recommending EIS preparation by Applicant Applicant requests Departmental meeting First written NMFS response defining seagrass impacts Corps sends federal review comments to Applicant Applicant responds to Corps recommending Channel Option #3 Departmental review session Chronology was prepared using Applicants permit file. PATON/ZUCCHINO & ASSOCIATES, P.A. 1001 WADE AVENUE RALEIGH, NC 2760 (919)834-8620 (919) 828-7068 FAX SNUG HARBOR MARINA VILLAGE APPLICATION FOR C.A.M.A. PERMIT THE SAILORS' SNUG HARBOR SEA LEVEL, NORTH CAROLINA LAND PLANNING/ENVIRONMENTAL PLANNING PATON/ZUCCHINO & ASSOCIATES, P.A. RALEIGH, NC 27603 (919) 834-8620 PROJECT ENGINEERS STROUD ENGINEERING PROJECT SURVEYORS JAMES PHILLIPS AND ASSOCIATES WETLANDS/HYDROLOGY LAND MANAGEMENT GROUP, INC. NOVEMBER 5, 1999 SNUG HARBOR MARINA VILLAGE TABLE OF CONTENTS PROPERTY DESCRIPTION RESIDENTIAL PROGRAM MARINA PROGRAM MARINA CONSTRUCTION APPROACH STORMWATER MANAGEMENT WATER QUALITY ASSESSMENT C.A.M.A./CORPS PERMIT APPLICATION WATER QUALITY ASSESSMENT REPORT DEED OF TRUST PC DESIGNATION SHELLFISH AND SAV FIELD REPORT PAGE I 1 2 2 3 3 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E SHEET EXISTING CONDITIONS/REGULATORY S-I C.A.M.A. DEVELOPMENT PLAN S-2 STORMWATER BEST MANAGEMENT PRACTICE S-3 STORMWATER BEST MANAGEMENT PRACTICE S-4 EROSION CONTROL PLAN S-5 MARINA LAYOUT/BASIN DESIGN S-6 CHANNEL/SPOIL BASIN S-7 UTILITY PLANS S-8 SNUG HARBOR MARINA VILLAGE The proposed Snug Harbor Marina Village Project (referred to herein as Marina Village) is located on Nelson Bay south of U.S. 70 near Sea Level, North Carolina. The applicant has planned a marina complex to serve residents of the Marina Village and the public. The current development program for the Marina Village includes a 53 wet slip marina basin, a ship's store and restaurant, Inc 34 residential amts on a 41.8 acre tract. PROPERTYDESCRIPTION The property is bordered by U.S. Highway 70 to the north and to the south and east by Nelson Bay. The property lies outside the extraterritorial planning jurisdiction of a municipality and is currently not zoned under County ordinances. Water and sewer services are not currently available. The property topography consists of flat terrain ranging in elevation from 8 feet MSL to lower lying elevations of two to three feet MSL. The property is bordered to the south by tidal marsh and esturaine waters which are classified as SC waters closed to shellfishing. Much of the property has been disturbed in the past by agricultural activities and by spoil disposal by North Carolina Department of Transportation. The disturbed areas consist of agricultural cover crops. The property has SCS prior converted cropland status. The remaining undisturbed portions of the property support upland pine/mixed hardwoods forest. RESIDENTIAL PROGRAM Residential development associated with the Marina Village will include 34 residential lots. The residential lots will be for sale and will not necessarily be develop concurrently with the marina and support facilities. All lot owners will have assigned marina slips and will be afforded opportunities to use the marina facilities. Twenty- four homes surrounding the marina will be developed by the Owner. Ten single furni?y lots will be available for conventional single home construction. PROJECT ACREAGE 41.R ACRES RESIDENTIAL ~4 BATS GROSS DENSITY 1.~ DU/AC A low density stormwater management strategy has been prepared the for property to protect the marina waters and adjacent waters from stormwater run-off pollutants. See attached stormwater management plans. A community well and water distribution system will be constructed to serve the Marina Village. The residential development will be serviced by and private sewer. Wastewater will be collected by gravity sewer to a pump station. Sewage will be pumped by force main to an existing wastewater treatment plan owned by the applicant and located at the Sailors' Snug Harbor facility. PATON/ZUCCHINO & ASSOCIATES, P.A. PAGE 1 SNUG HARBOR MARINA VILLAGE APPLICATION FOR C.A.M.A. PERMIT NOVEMBER 5, 1999 MARINA PROGRAM The development program for the marina includes the construction of a 53 wet slip marina basin with associated upland support facilities including fuel service, ship's store, restaurant and parking area. The support services includes 6,000 square feet of building space . The marina facility is planned as a commercial facility for the use by charter fleet customers and by residents of the Marina Village. The marina is designed for both commercial charter boats and private boats ranging in size from 22 feet to 60 feet. The marina will be serviced with sewage pump-out facilities located near the Ship's Store. The pump-out facility will include a wet well which will connect to the project sewer system for treatment by the Snug Harbor private sewage system. Bathrooms for boat users will be available at the Ship's Store. Fuel service will be available at the service docks located near the Ship's Store. Above-ground fuel storage is planned. An upland basin with a connecting access channel to Nelson Bay is proposed. The channel has been modified from the original alignment in accordance with recommendation from NCDCM staff. This approach minimizes resource impacts on the estuarine environment and eliminates the use of public trust waters for private boat slips. An upland location also requires the excavation of portions of the previously disturbed upland on the property. A circulation channel is proposed to as an additional measure to maintain water quality within the basin. MARINA CONSTRUCTIONAPPROACM The marina basin and support facilities will be constructed by the applicant or marina operator. All high ground excavation (to approximately mean sea level (MSL) will be accomplished by mechanical equipment which will haul the excavated material to high ground. All hydraulic excavation areas will be performed behind an earthen plug located at the channel terminus which will not be removed until hydraulic dredging has been completed. Dredge effluent will be controlled by an adjustable weir or pipes to return the settled effluent to the basin areas. When all work is complete and the material has decanted, the spoil will be distributed over high land areas. The marina basin will be surrounded by a 10-inch thick prestressed concrete sheet pile bulkhead with a concrete cap topped out at 5.0 feet elevation (MLW). The basin will cover approximately 2.5 acres to service the 53 slips. To maintain water circulation within the basin the basin bottom will be constructed on a slight incline from. the interior of the basin at -5 feet MLW to the existing County channel which is maintained at a depth of approximately -6.5 MLW. PATON/ZUCCHINO & ASSOCIATES, P.A. PAGE 2 SNUG HARBOR MARINA VILLAGE APPLICATION FOR C.A.M.A. PERMIT NOVEMBER 5, 1999 STORMWATER MANAGEMENT A best management practice (BMP) stormwater strategy has been prepared for the Marina Village development. The project will be designed under the low density provision of the North Carolina Division of Water Quality stormwater regulations. Infiltration basins and closed-end roadside swales will be employed to minimize stormwater run-off into the marina basin. The site will be graded in the residential lots surrounding the basin will be graded for sheet flow stormwater run-off away from the basin. WATER QUALITYASSESSMENT A water quality assessment was undertaken to analyze the potential water quality impacts of the marina facility. This analysis focused on the predicted disso~ ved oxygen levels in the proposed marina. The dissolved oxygen analysis included a review of the available c~ ;lected data, several field surveys, and the application of the two-segment marina model development b}~ N.C. Division of Water Quality. The computer model for dissolved oxygen predicted that during the summer months the marina will be at or above 5 mg/1. This result implies that he marina will maintain dissolved oxygen concentrations above current state and federal standards. Thus, the proposed marina does not appear to be a potential cause for water quality degradation at this site. More detailed information is provided in the attached Water Quality Assessment Report. snughar.doc PATON/ZUCCHINO & ASSOCIATES, P.A. PAGE 3 ATTACHMENT A Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name The Sailors' Snuff Harbor Address City Sea Level State NC Zip 28577 Day Phone (919) 225-4411 p~ (919) 225-1670 b. Authorized Agent: Name Paton/Zucchino & Associates P A. Address 200 N. West Street city Raleigh State NC Zip 27603 Day Phone (919) 834-8620 p~ (919) 828-7068 c. Project name (if any) b. City, town, community or landmark CARTERET COUNTY NEAR SEA LEVEL c. Street address or secondary road number T TT C N i $hT.7'~1 V 7 f1 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Nelson Bay 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Commercial marina, ship s store, restaurant. varkine and residences b. Is the proposed activity maintenance of an existing project, new work, or both? New Work c. Will the project be for public, private or commercial Snug Harbor Marina use? Private/Commercial Village NOTE: Permit wiU be issued in name of lmdowner(sJ, and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The marina and channel will be excavated with spoil material used on site. Conventional resi entia su ivision roa ways, uti sties an ui ing si es wi e preyared for commercial uses. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 41.7 6 Acres b. Size of individual lot(s) 7,000 to 20,000 SF c Approximate elevation of tract above MHW or ~I, Average Elevation 5 feet MHW d. Soil type(s) and texture(s) of tract Leon Sand/Hobucken Muck e. Vegetation on tract Lobllolly Pine, Shrub thicket f. Man-m~de features now on tract Abandoned roa way and outbuildings. g. What is the CAMA Land Use Plan land classification of the site? (Consult the loan! ~,~~ plmi.) Conservation Developed X Rural Transitional Community Other h. How is the tract zoned by local government? Not Zoned i. Is the proposed project consistent with the applicable zoning? ~_ Yes No (Attad, zoning complimtce certificate, if applirnble) J• Has a professional done for the tract? If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x No 1. Are there wetlands on the site? x Yes No Coastal (marsh) ~_ Other ~n4 If yes, has a delineation been conducted? Y e s (Attach documentation, if amilable) archaeological assessment been Yes x No m. Describe existing wastewater treatment facilities. Owner operates a pre-discharge treatment pant wit , avai ab. capacity nn adia n a;ra n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Project will be designed to minimize. isc arges o sur ace wa ers. o. Describe existing drinking water supply source. A community potable water supply is proposed. 5. 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 properties. If the applicant is not claiming to be the owner of said- property, then forwazd a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black inlc on an 8 1R" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings aze preferred and only high quality copies will be accepted. Blue-line prints or other lazger plats aze acceptable only if an adequate number of quality copies aze provided by applicant. (Contact the U.S. Army Corps of Engineers regazding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed .return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name open Grounds Farm Address P•0. Drawer B, Beaufort, NC 28516 Phone (919) 728-2212 Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for 5250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained ~~ the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina'c approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the i day of `~o~•~h/, 19~. Print Name Lawrence R. Zucchino Signature LIC.C Lmidowner or.~ntlwriZed ent Please indicate attachments pertaining to your proposed project. ~ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-~ Structures Information DCM MP-5 Bridges and Culverts ~ DCM MP-ti Marina Development NOTE: Please sign and dare each attachment in the space provided ar the bottom of each form. =eviced 03/95 Form DCM MP-2 EXCAVATION AND FILL Attach this form to Joint Application for CAMA Major permit, Form DCM-MP-1. BC sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All .slues to be given in feet. Average P18tt Igad~stiog ~'a11~ Length Vlydth oepm ~P~ Access channel (MI'v10 or (1VwL) 525' S0' -1.5' -5.0~ Canal Boat basin x Circulatios- Rock groin Rock breakwater Other (Ezcludiag ~horeliae 9rbi1lzuion) 60~ I 370' ~ MSL I MLWS' 470' 190 N/A -4.5' raw 7 ~ < i ._- f ~ ft 1. E%CAVATION a. Amount of material to be excavated from below MHW Or NW);. in cubic yards aflnrex. 4.6 CY b. Type of material to be excavated ~ sand, some Fine Organics c. Does tine area to be excavated include coastal wetlands (marsh), submerged aquatic vegeration (SAVs) or other wetlands? ~ Yes No d. Highground excavation in cubic yards approximately 30,000 CY 2. DISPOSAL OF EXCAVATED MATERIAL At•~northern end a. Location of disposal area of site at old NCDOT_spoil area MLW 340' 20~ N/[~ -4.5' b. Dimensions of disposal area Approximately 300' x 4 x ~ /A c. Do you claim title to disposal arcs? x Yes No ~ /A If no. aaach a letter granting permission from the owner. d. Will a disposal area be available for future v/A maintenance? ^ Yes ~ No . If yes, where? Revised 03/95 Form DCM-MP-2 Excava AND FI Attach this form to Joint Ap cation for CAMA Major Permit, Form DCM-MP- Be sure to comple all other sections of the Jo' Application that relate` to this proposed project. ~. ,#' =~'' Describe below th urpose of proposed~xcavation or fill activities. A slues to be given 'n~feet. Average Final Eancting Project Length Wi Depth Depth Acces . channel 525' 0' ' - (MI-v1~ or (Nwi-) -1 ~ 5 ~,b . ~, W Canal .~~~ ' f0 370' S' -4.75' r,~ :r` MS L~ MLW Boat 470' 190' J'A -4.5' basin ~ ~ MLW .~ `~ F. ~. Boat ramp N/A ...h:;~:~ <.:: Rock ,~.r groin N/A Rock N/A breakwater Other =~ ., :a,>. (Excluding N/A shoreline stabilization) N t ~ , 1. EXCAVATION a. Aaiiount of _material to be excted from below ~ILiHW or NWL in cubic and PProximately 4,6 ~_ Type of material. to be vated Sand , s nm P Fine Organics.: c. Does the azea ,_~X be excavated include coastal wetlands (mars, submerged aquatic vegetation (SAVs) or~r wetlands? X Yes No- d. Highgrotd excavation in cubic yards ,~jiproximately 30, 000 CY 2. , E3ISSPUSAL OF EXCAVA' ~'~M.4TERIAI, a. Location of disposal Y' At northern end b. Dimensions of disptiis'al azea Approximat,~`1y 500' x 400' x 4' t . c. Do you clain~;'[itle to disposal azea? X Ye's~ No If no, attch a letter granting permission from the owner." d. Will a disposal area be available for future maintenance? Yes ~ No If yes, where? Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes x No f. Does the disposal include any area in the water? yes x No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization x Bulkhead Riprap of r Farina Basin b. Length 1910 LF If yes, (I) Amount of material to be placed in the water None (2) Dimensions of fill area N/A (3) Purpose of fill N A b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? - - Yes x No If yes, (1) Dimensions of fill area (2) Purpose of fill Upland Facil ; t; Pa c. Average distanN~A aterward of MHW or NWL d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months Appears to minimal (Source of information) f. Type of bulkhead or riprap material Pre-stressed concrete g. Amount of fill in cubic yards to be placed below water level (1) RipraP N/A (2) Bulkhead backfill N A h. Type of fill material Sand i. Source of fill material Basin and Channel Excavation 4. OTHER FII.L ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes x No 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? See attached Erosion Control Plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydr-aulic dredge)? Dragline, Pan, Hydraulic DEedge c. Will wetlands be cr:,ssed in transporting equipment to project site? Yes x No If yes, explain steps that will be taken to lessen environmental impacts. Paton/Zucchino S Associates, P.A. ., APP or Project N~ ~,~. I (.. ~C.~.(.G Signaturc ~ ~ I . ~ . ~.Gl~ Date Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project.. h. Maximum boat length 60 Feet g. Typical boat length 22'-42' 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. x Commercial Public Residential b. WXII the marina be open to the general public? Yes No If there is residential development associated with the mazina, how many units or lots aze planned and how many ane currently developed? Yes. 34 residential lots, none currently eve ope . d. Check all of the types of services to be provided. _ Full service, including travel lift and/or rail x Dockage, fuel, and marine supplies x Dockage ("wet slips") only Number of slips 53 Dry storage Number of boats Boat ramp(s) Other (describe) Fuel Service e. Check below the proposed type of siting. x Land cut and access channel 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 example, open runabout, charter boats, sail boats, mined types), Charter Boats/Mixed Types i. Are any floating structures planned? N~ If so, describe 2. MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project.. x Office toilets x Toii4ets for patrons Number Location ~n ship's stare and restaurant x Showers x Boat holding tank pumpout Type and location Dedicated marina slip near ship's store b. Describe treatment type and disposal location for all sanitary wastewater. _ Gravity collection force main to existing package treatment plant c. Describe the disposal of solid waste, fish offal and trash disposal. Trash r Dtac~ es at marina boardwalk and dumnster at ship's store . d. How will overboazd dischaz a of sewage from boats be controlled Marina policy. Posted. ~;gnage e. Give the location and number of "No Sewage Dischazge" signs proposed. 3 At Marina Revised 03/95 Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. (See Item 2i) g. Where will residue from vessel maintenance be dispoa -~ Of ? _ No boat maintananrP operation is proposed h. Give the number of cha~neJ markers and "No Wake" signs proposed. lsee Plat) i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect azea water quality. Fael service dock near ship's store. Automatic cut-off valves, containment equipment on-site an signage. j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Basin less shallow than receiving, channel, sloping bottom and uniform perimeter k. What will be the marina policy on overnight and live-board dockage? No live aboards 1. Iis the proposed mazina located neaz any shellfish leases? .Yes X No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing mazina, what types of services are currently provided? No n. How many slips are now available? N/A o. Is the mazina proposed within a primary or secondary nursery area? Yes R No p. Is the marina proposed within an area open to shellfish harvesting? Yes _~ No q. Give the location and number of "Pumpout Available" signs proposed. 3 at marina boardwalk Paton/Zucchino & Associates, PA AppL' ant or.Pcnkd Name _ l ~ - Ig~l ---- ---~ _ ewe Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures p~posed Ship's Store/Restaurant 34 Residential Lots, 3 Slip Marina b. Number of lots or parcels c. Density (give the number of residential units and the. units per acre) 34 at gross density of I.3 Units/Acre _ d. Size of area to be graded, filled or disturbed including roads, ditches, etc. A~~roximately 30 Acres If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? x Yes No h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? x Yes No If yes, date submitted Same as CAMA • Application i. Describe proposed method of sewage disposal. Gravity collection, force main tomexisting ac age reatmen an j. Have the facilities described in Item i. above received state or local approval? Pending (Attach appropriate documauationJ k. Describe location and type ofproposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Proiect is designed to minimize discharges to surface to greatest extent practicable 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Community well and distribution If yes, date submitted S~mA a~ rnMa a„~ i rat • m. Will water be impounded List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt roadways/concrete walks Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. ion If yes, how many acres? _ n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Paton/Zucchino & Associates, P.d. App cant or Project Nam ~.~ 2. ~~~ S;gna ure ~l•I.~t~ Dace _2.~jfi ~aximum 9X 8y Current Plan Yes x No tevised 03/95 4 ~ .ai.._ "'Tim ~ r. • Tf.~ • ':~-~ S ' .-~~ r .i w -l r~ !• ; ~ 1 ~!yC.y i=:,;,;W. 1~ 1_~ tip- ~~'~T ?_ _ . ` .YET ....~~~i=~ ]~Y` ~.S~J ~ _ .. :Ii J .. /! t ~ it w~Y- ~'~p~L<~-0j r'3'7 ~ ~ ^'•' ! J%':3'~j• (~ i L ~~ , ter: r ' r'_..%'..~~r7 ~ f ~ .~.:.-. . ~{ ~ III I i • _~ a ar" S"'jC.w :~-^~i~>~~.-fit ~~.. ~vM~..-4 ~~~.~p~. ~t __ ` - r r' r •. ~S"r C~ -s. ~Y•>_Ry ..+i-i ~, r,~F ~~! .1 - ~t~?Yj - ~ _~ - v11 . . _. ., ~ 7v f/' .~ ~~ ~~ 9 ` ~~+ e ~;~. • = X1-1 ~';f ~ ao`~ ~ 4'r = ' S3 / y~- - +4 F - __ ,~.a..`,'c'''Q .i t.. _ ` _+ `''` nr ~~' :~V +30[p(~~d j S : ~ ri ~ _ 'c~'S'~ ~.. ..~ i Y - -_ 1~,.-. ~,5 l y ego ~ p~ ~~"~~ __ `^ _ _ "`°' ~ .-` ~1 yr, M~S`^ ..{ '.~~:y • ' _ ~ a _ _ 4 •_ y~. i` 1 y ~ ~ ~1. ~~.~-' - ti'ter' k _ ~ ,~ ~~~+" :,~ - -'- •_ __.~...._. .a..• ~ - - ~ - . State of North Carolina • Department of Environment, _ Health, and Natural Resources - ; ~ ~; -_ - _ Division of Marine Fisheries -James B. Hunt, Jr., Governor ~ ~ ~ ~ p _ _ Jonathan B. Howes, Secretary - ._:- :[....~_ -. :. Michael G. Buhl, interim Director- . June 3, 1997 . Mr. Lawrence R Zacchino PATONfZUCCHINO ~ ASSOCIATES,P_A. '. '1001 1Nade Avenue, Suite`-101 _.: _ _ ._ , Raleigh, NC 27605: _ ~' . -: _ . ;. ,_ _- - -- Dear Mr. Zacchino; ., _ _ _ ,, ..; As -per your request during .our fast phone conversation I am including the data and the " summary of the shellfish resource results of the Snugg Harbor channefization protect. The findings are based on analysis typically used in the determination of tha.shellfish resource for shellfsh lease purposes. The date of investigation is April 17, 1997. The channel area of the project in question was sampled by raking meter square sample sites. Thirty-five samples were obtained in the channel- proper, noting the depth, sediment type, bottom composition (shell or grass), and the number and size of clams or oysters present. Only dams were used in this calculation to determine bushels per acre. Though oysters were found in one meter square sample, they are riot used in this calculation. No scallops were found in the samples. The total clam count was 41 for the 35 sampled meter squares. The following calculation is based 400 average sized clams per bushel, 4,046 square meters per acre, and that 10 bushels of clams = 4,000 individual clams. total number clams /number of samples X 10 =bushels clams per acre- . (or) 41 / 35 x 10 =.'1'1.7 bushels clams per acre -The. Marine Fisheries Regulation, 15NCRC 30 .0201(a)(1){A), .indicates that if clam :densities exceed 10 bushels shellfsh per acre, the area is a natural shellfish bed. Our sampling indicates a natural shellfish bed. Please let me know if I can help you further. Sinc ely, ` . ~ /l~`'`~~~ Ja s J.' rancesconi _ cc: Tere Barrett Fi eries Biologist P.O. Bvx 769, Mofehead City, North Carolina 23557-Ci"769 To4ephons 919J26-1021 FAX 919-726-02`4 . - An Equal Opportunity Affirmative Action Employer 50°,6 rzcyded! 10% post-consumer paper e - mo -. Ta ,David Taylor , . '. From . Patrida Mutphey-~~ ,_: CG Wayne Cuthrell _ - .: .:; _ . Dabs `_.. 08/17/98: _: _. _ ._ R~ Shellfish resoun~ and submerged vegetation density results Wayne Cuthrell and I surveyed the east channel alignment attemative #3 of the Snug Harbor Project on Thursday, August 13, 1998. This channel area was sampled using standard lease investigation sampling technique. Twenty-one samples were taken within the marked area of the proposed channel. Bottom composition consisted mostly of soft to firm mud with shell. The southern side of the channel consisted of muddy sand with shell. Only one meter square sample consisted of any seagrass (Ruppia marifima). . Total dam count was five for the 21 sampled meter squares while total oyster courrt was seven. This works out to be 024 dams/ m2 or 2.4 bushels per acne and 0.33 oysters/mz or 3.3 bushels of oysters/acre. These densities are well below 10 bushels per acre which defines an area as a natural shellfish bed. The majority of the shellfish sampled were taken within-twenty feet of the shoreline - where the bottom composition was of muddy sand with shell. - Matrix Environm~atal Consulting . November 20, 1997 ~ . _ . Paton - Zucchino -- _ &:Associatcs, PA _ ' _ _ _ - Suitc 101'.100I Vdade Avenue - _ RaleighrN.C.~ - 27605 _ - _ - -. _ - _ Dear Laarv; _ ~ ___ _ _ - _ Please find .enclosed a copy, of the report fog Phase I of the Snug Harbor project . - investigation: As I mzntioned in our telephone conversation, there is an indication of Iess than 10 bushels der acre of clams or of oysters separately and no evidence of viable SAV. Accordingly, for the submerged portion of the proaosed east ch,~nnel there does not appear to be a resource conflict. - Flease.contact me as to the need for anyadditional information or to clarify present ' ~~ - results: -Thank you for your assistance in this investigation. Sincerely, . . Do Pre - L~ -. n cman Matrix Environmental Consulting Snug Harbor Project Investigation _ _, - East Channel Alignment Alternative An environmental investigation was conducted to ascertain the potential for natural _ resource impact in the east channel alignment alternative at the proposed Snug Harbor - project site.. -The first objective of this -study was to establish if there is a reasonable probability of the site being characterized by a commercially significant quantity of hard _ __ clams; Mercenaria mercenaria, or by a commercially significant quantity of oysters, Crassostrea it `n'c both of which had been observed at this site. A natural shellfish ' bed has been defined in the T~ i e 'e u e f~ a a W ter ; item. 30 -:0200 (a) (1) - (A) as 10 bushels per acre, and is equal to an average sampling density of 1-clam or of 1 oyster per meter square. The second objective was to assess the onsite presence, density, distribution and species composition of submerged aquatic vegetation (ie_, Z er ~ari~, al duIe w~' ii and Ru~pia maritima), which represents critical fishery habitat. A summary of the study methods, results, and discussion is provided as follows_ Methods The survey study area consists of a b0' wide by 200' long submerged bottom, which proceeds in an easterly direction (~ 115 degrees) from Snug Harbor property located on the west side of Nelsons Bay and connects offshore with an existing channel_ This area of approximately 0.28 acres is characterized by a substrate of firm muddy sand to soft mud and a water depth (MLT j of 1.0' to 5.0'. The site survey for shellfish was conducted using 14 samples at a distance of 15' - between stations (i.e., the equivalent of 50 samples per acre). Samples were collected from alternating sides of the 60' wide alignment and stations began near shore adjacent to arti a marsh and continued out for a distance of 195'. Sample collection was accomplished using a meter square quadrat and an 8 inch wide, ~5/8 inch prong-separation clam rake with a~modified basket for retention of seed. Substrate conditions and numbers and market category of all shellf sh retrieved were noted The site survey for SAV was conducted using 36 samples.~ Three samples spaced 15' apart were collected across the 60' width of the channel alignment and at 16' intervals along the alignment's long axis from near shore out to a distance of 135'. Due to water... depth greater than 4.0', at 150' and 165' out only hvo samples across the width of the alignment were collected and at 180' and 195` out only one sample each was collected. Core samples of 28.2 inches squared were collected using a 6" diameter pvc coring device. The substrate was penetrated to a depth of approximately 6" to retrieve al] - shoots, rhizomes, and propagules~ Sediments were sieved clear and all plant matter was - . retained for later analyses.- -- Concurrent with sampling, dissolved oxygen and temperature measurements were ` made using a YSI 55 meter-and-salinities were determined using a temperature- . compensated refractometer. _.; Results _ Physicochemical conditions measured on site included water temperatures of 14.4 to - - _. ... _ _ .. _- 16.1 degrees centigrade; salinities from 16 to 29 ppt, and dissolved oxygen levels between 6.45- and-9.43 mg/1(Table 2). Ten clams of varying market categories were collected from the 14 stations. -The median, mean, sample variance, standard deviation, and standard error are presented in Table 1. Ten oysters of varying market categories were also collected from the 14 stations and their summary statistics are similarly depicted in Table l.. In the case of both species, a mean density of less than 1.0 per meter square was indicated. The use of~cores for survegr of SAV yielded no ei~idence of viable shoots, rhizomes, or propagules at this site_ Ta addition, a general visual examination of the east channel alignment area detected no apparent SAV. . Discussion Physicochemical data indicate a range of conditions acceptable for shellfish and. SAV - . growth and sun~ival, however, salinity does appear to be strongly affected by reFati~1~1~ modest aFnaunts of rainfall (e.g., 13 ppt drop on 11/13 due to approx. 1.0" of rain, see Table 2) and the area is closed to shellfish harvesting due to runoff associated fecal coliform levels. .The survey of shellfish indicates the presence of less than 10 bushels of clams per acre within the proposed east channel alignment. A mean of 0.714 clams per meter square was e~~idenced by the equivalent of 50 samples per acre. Similarly, the shellfish su.*vey indicates the presence of less than 10 bushels of oysters per acre within the channel alignment at a mean of 0.714 oysters per meter square. Accordingly, by neither species individually does the area appear to qualify as a natural shellfish bed. The absence of viable SAV in the proposed east channel aligrlrrlent is co~rmed through e:ttensive saipling and general ~nsual examination. As a result, no conflict with this critical habitat t3`Pe is apparent.- . Table 1. Summary statistics for shellfish samples at proposed Snug Harbor project site Table 2. Physicochemical data at proposed Snug Harbor project site. 1'~. T INI"I'Y(PPT} C} KISS. OXY ~G/L) ~ 11/8/97 7:40 29 15.1. 6.45 LATE EBB . 11/13/97;,_ : 15:45 16 14.8. 7.2 EARLY FLD 11/15/97 13:50 _ 25 16.1 9.0 :~~ LATE EBB 11/16/97 15:40 _ - 22 __ 14.4 9.43 ~ LATE EBB Table 3. .. Shellfish survey results for proposed Snug Harbor project site.: 1997 SIDE OF~ ,, DA-~ TI C~LANNFj. NO CLAM OYSTFT NO . ? . S .SUBSTRATE - 11/15 1 SOUTH 1 LN 0 MUD W/SHL 11/15 2 NORTH _ 2 LN ~ 4 2~~ ( ) -- _ .: MUD W/SHL _ - _ - 11/13 -_ ~ ~ = - -SOUTH - . 1 I,N- -- _ _ - , . _ 0 _ _ MUD W/SHL _ _ _ -_, 11/13 4 NORTH 0 0 ~ _ 11/13 5 . _ _. SOUTH p 1 (>>~~) MtTD 11/15 6 NORTH 0 - 1 (>3") MUD W/SHL 11/15 7 SOUTH 1 TN 0 MUDDY SAND 11/15 8 NORTH 0 3 (>3"), 1 SD SFT MUD 11/15 9 ~ SOUTH 3 TN 0 MUDDY SAND - 11/15 10 NORTH 0 0 SFT MUD 11/15 11 SOUTH 2 TN 0 SAND 11/15 12 SOUTH 0 0 SAND _ . 11/15 13 SOUTH 0 0 MUDDY SAND 11/15 14 SOUTH 0 0 SFT MUD