20090757 Ver 1_Other Agency Comments_20090824

Beverly Eaves Perdue
Governor

AVA
NCDENR H 0 l4L I &e.~R{f

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
James H, Gregson
Director

DQ-D1S1

Dee Freeman
Secretary

MEMORANDUM

~[g@fiOW[300

AUG' 2 4 2009

TO:

Ms. Cyndi Karoly
Env. Biological Supervisor
Division of Water Quality Wetlands Unit

OENR . WATERQUAUTY
WETLAHDsAHD STORMWATE" 8RAHCH

FROM:

Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557

DATE:

21 August 2009

SUBJECT:

CAMA Application Review

APPLICANT: Warren Whichard - Bay Lakes

The previous Major CAMA Application, Warren Whichard Bay Lakes, failed to have a complete copy of
the project setting bio.
Please fmd enclosed a complete copy of the project setting bio for this project.

943 Washington Square Mall, Washington, NC 27889
Phone: [phone] \ FAX: [phone] Internet: www,nccoastalrnanagernent.net

N~rthCarolina
;Naturally

An Equal Opportunity \ Affirmative Action Employer

North Carolina Division of Water Quality. Land Management Group, Inc. drafted a letter reviewed
by both of the preceding agencies, informing property owners adjacent to Bay Lakes of these
potential changes. The letters were sent certified mail and the responses will be collected and added
to the permit application as they are received.

Project description

The applicant is proposing to connect Bay Lakes and the connected canal system to the open waters
of Chocowinity Bay by excavating a 1:.67 feet long by -1:.57 feet wide by -4 feet deep (1:.3,752 ft2)
access channel in Chocowinity Bay to an existing dead end canal. The access channel will originate
at the -3.5' contour at 1:.67' offshore. The proposed access canal will extend through an area of
previously impacted wetlands and high ground making the connection to Bay Lakes near the
southwest comer of the existing lake. The applicant is proposing to enlarge the existing 1:.400 feet
long by 1:.50 feet wide (1:.20,000 ft2) dead end canal within the alignment ofthe new access channel.
to increase the water depth from -2.6 feet down to -4.0 feet below NWL. The proposed maintenance
excavation will be conducted by walking the excavator onto the existing relic spoil berms and
digging back landward. These existing relic spoil berms will be removed along each side to increase
the width of the canal. The portion of the proposed canal to be dug through the impacted wetland and
high ground area will be 1:.1,075 feet long by ::f::65 feet wide (1:.69,875 ft2) and dug to a depth of -4.0
feet below the normal water level to match the connecting water depth of Chocowinity Bay. The
applicant is proposing to use land based excavation equipment to construct the proposed canal. As
proposed the side slopes of the canal will be constructed at a ratio of 3: 1 and stabilized with 1:.1 0 feet
long by ::f::4 feet wide pre-fabricated concrete hog slats along the uplands and 404 wetlands. The
applicant intends to leave a 1:.15 foot wide maintenance corridor along each side ofthe canal.

Several sections of the existing canal system to the north of the lake have been stabilized with vinyl
bulkhead. The applicant is proposing to stabilize the remaining 1:.4,695 feet of canal with vinyl
bulkhead aligned at the normal water level.

Anticipated impacts

The construction of the proposed canal from the Bay Lakes to Chocowinity Bay will result in the
excavation of 1:.58,825 ft2 (::f::8,714 yd3) of previously impacted wetlands and1:.11,050 ft2 (1:.1,637 yd3)
of uplands. Construction of the access channel and maintenance of the existing canal will result in
the excavation of 1:.3, 752 ft2 (::f::139 yd3) of Bay bottom and 1:.20,000 ft2 (1:.1,709 yd3) of canal bottom.
Stabilization of the proposed canal will result in the filling ::f::5,172 ft2 of 404 wetlands. The
construction of bulkhead in the existing canal will result in the filling of ::f::4,695 ft2 of canal bottom
within Bay Lakes. The project as proposed will result in localized turbidity as a result of construction
activities.

The applicant has offered simultaneous restorative/mitigative measures which include filling two
dead end canals to return the elevation to that of the existing Coastal Wetlands to re-establish
Spartina cynusoroides from the adjoining marsh. In both cases the canals are adjacent to Coastal
wetlands. As a result of this proposal, 1:.12,679 ft2 of Coastal Wetlands will be restored and 1:.17,367
ft20f 404 wetlands will be enhanced.

Mike S. Thomas
1 July 2009

Warren Whichard - Bay Lakes
Beaufort County

Project Setting

The project area is located offSRl166 (Whichard's Beach Rd.) near the Town ofChocowinity, in
Beaufort County North Carolina. Bay Lakes is a ::!:20 acre fresh/brackish water lake with a ::!:1500'
long by ::!:40' wide dead end canal that extends from the northern comer. The dead end canal has
three ::!:1,000' long by ::!:50' wide lateral canals extending to the east that serve to expand the
waterfront development potential of the property. The area surrounding Bay Lakes has been
subdivided into::!: 1 00 lots of which approximately twenty percent have been built upon. The lake has
no navigable connection at this time, however many of those built upon properties do have existing
waterfront amenities such as piers/docks, bulkheads, boat slips and boat ramps that have not been
subject to the permit requirements ofthe North Carolina Division of Coastal Management.

The northern most lateral canal off of the main canal connects to what was an existing farm pond
that is now connected under Whichard's Beach Rd. (SR1166) to the head of Rodman Creek, a
tributary of the Pamlico River. One other non-navigable connection exists between Bay Lakes and
Taylor's Creek. This connection is located along the western shoreline of the lake and is the result of
previous storms.

Bay Lakes and the connecting canal system are the result of an earlier sand mining operation owned
by the applicant, Warren Whichard. The mining operation was permitted by the North Carolina
Division of Land Resources (Permit #0715).

The current project proposal is to connect Bay Lakes and the canal system to Chocowinity Bay off of
the Pamlico River. The proposed connection will extend from the south side of Bay Lakes to the
open Waters ofChocowinity Bay. The ::!:2,000' long area between Bay Lakes and Chocowinity Bay
has been subject to several previous impacts. Existing impacts within the proposed alignment ofthe
canal/channel connection include two separate dead end canals offChocowinity Bay, a fresh water
pond, and resultant spoil material. Regardless of previous impacts a significant portion of the
proposed access continues to be 404 wetlands as delineated by the US Army Corps of Engineers, that
transition to Coastal Wetlands. Coastal Wetlands in this portion of Chocowinity Bay consist of a
homogeneous stand of Spartina cynusoroides. Other vegetation on the project site includes mixed
hardwood species and pines along the western border of the lake.

The Inland waters of Chocowinity Bay and Taylor's Creek are classified SC-nutrient sensitive
waters by the North Carolina Environmental Management Commission and are closed to
shellfishing. The coastal waters of Rodman Creek are classified as SC-nutrient sensitive waters by
the North Carolina Environmental Management Commission. Land Management Group, Inc.
sampled for submerged aquatic vegetation (SA V) at several stations throughout the project site and
Chocowinity Bay and found none present. In addition no SA V was observed by DCM staff during
site visits on 23 May 2007, 10 February 2009 and 26 June 2009. LMG also collected water quality
data in and around the project site and in Chocowinity Bay. A table with the parameters measured
and results is included in the application package.

The granting of a permit for the proposed project will result in regulatory changes for the property
owners of Bay Lakes. Property owners will be subject to the permit requirements of the North
Carolina Division of Coastal Management as well as the Riparian Buffer Rules administered by the