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HomeMy WebLinkAbout19991288 Ver 1_COMPLETE FILE_19991222State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Carl F. Mickey, Sr. NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 3, 2000 Brunswick County DWQ Project # 991288 APPROVAL, of 401 Water Quality Certification and ADDITIONAL CONDITIONS Blue Water Point Marina 57 10 West Beach Drive Long Beach, NC 28465 Dear Mr. Mickey: You have our approval, in accordance with the attached conditions and those listed below, to dredge 0.16 acres of waters for the purpose of constructing the Blue Water Point Marina at Long Beach, NC as described in your application dated November 22, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. The applicant is reminded this facility must meet all requirements of the Animal and Plant Health Inspector Services (APHIS). If these requirements are not met, this Certification may be revoked. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611- 7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-9646. rStev??,9/ / Attachment cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office File copy Central Files Doug Huggett; DCM Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper ?V c C (. u ro rr- (, ,, 1 r. rr 4,'` (N, L/ /- M i n Oro jT c Regional Contact: J. Steenhuis WO Supervisor: Rick Shiver Date: RT AND RECOMMENDATIONS Point Marina County Brunswick County2 Region Wilmington y Region Stream Stream Impacts (ft.) Class Acres Feet on Prim. Supp. Basin Req. Req. SA F-30,759. F-- F- F-- F- - eet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y O N Recommendation: Q Issue pQ Issue/fond O Deny Provided by Region: Latitude (ddmmss) 335454 Longitude (ddmmss) 781249 Comments: A dolphin habitat is not a water dependent structure (Le. SeaWorld) This office is also concerned of the amount of Dissolved Oxygen that would be present during the summer months would be adequate for the animals survival, as well as, the amot of s,ar.P for the animals to maintain a healthy environment for them. This area is a marina and the water quality at the Impoundment cc: Regional Office Central Office Page Number 1 Facility Name Carl Mickey / Blue Water Point Marina County Brunswick Project Number 99 1288 Regional Contact: Date: Comments (continued from page 1): J. Steenhuis 1/20/2000 cc: Regional Office Central Office Page Number 2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Blue Water Point Marina/Carl Mickey 2. LOCATION OF PROJECT SITE: end of 57th Place W., Long Beach, adjacent to Eastern Channel, Brunswick Co. Photo Index -1995:4-43, O-W, 18,19 IM: 184-23, C-K, 11,12 12M:10-90,M-U,20,21 State Plane Coordinates - X:2238450 Y:61200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit October 28, 1999 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 10-29-99 Office - Wilmington 6. 9ITE DESCRIPTION: w; (A) Local Land Use Plan - Long Beach Land Classification From LUP - Developed Commercial (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Tank system Planned - None (F) Type of Structures: Existing - Marina, restaurant, and motel Planned -Enclosed bulkhead and fixed piers (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] 1Ji(.CL(iL'L t{1LL?ll g (A) Vegetated Wetlands (B) Non-Vegetated Wetlands- 6840 s4.ft. I? (C) Other-High ground 320,000 sq. ft (D) Total Area Disturbed: 326,840 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: SA Open:NO 8. PROJECT SUMMARY: The applicant is requesting a permit to allow him to create an area appropriate for housing marine mammals, specifically bottlenose dolphins, for public display, breeding and research. Blue Water Point Marina/Carl Mickey Page 2 9. PROTECT DESC I PTION The project site is the existing Blue Water Point Marina and Motel facility, located on both sides of West 57th Place Dr., adjacent to Eastern Channel, in Long Beach, in Brunswick County, NC. The facility consists of the marina docks (approximately 76 slips), with fuel service, and the adjacent motel, restaurant, and associated parking. The 2.3 acre site is divided by West 57th Place Dr. which terminates with a public boat ramp into Eastern Channel. The motel and restaurant are located on the east side of the street, and parking and above ground fuel storage tanks are located on the west side of the street. The waters in the project area are classified as SA by the NC Division of Environmental Management. The shellfish closure line across the mouth of Davis Creek includes the marina basin and all waters of Davis Creek, east of Blue Water Point Marina. The waters of Eastern Channel, to the west of the marina, and north to the Atlantic Intracoastal Waterway, are OPEN to the harvest of shellfish. The waters within the project area are not designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The applicant is requesting a permit to dredge public trust waters for the purpose of creating housing for bottlenose dolphins. The proposed area to be dredged is approximately 152' by 45' and located west of the existing access ramp between the floating dock system and the uplands. The area is unvegetated and exhibits the characteristics of a shallow water mudflat. The existing depth of the area is approximately four feet at mean low water. The proposed final water depth is ten feet at mean low water. The applicant has already received a major permit for maintenance excavation within the marina basin and the entrance channel for Blue Water Point Marina which is set to expire on 12-31-2000. A portion of that permitted activity will encompass the area proposed to be dredged by this application. However, the applicant is seeking to increase the water depth in the 152' X 45' area from six feet to ten feet at mean low water while also totally enclosing the area by bulkhead. The applicant proposes to utilize a circulating pump to supply oxygen to the enclosed area. Within the enclosed area, the applicant is proposing a separation area and a medical area for the dolphins. The applicant is also proposing an 8' X 152' fixed pier along the top of the proposed southside bulkhead wall and a 4' X 45' pier along the top of the proposed westside bulkhead wall. Proposed daily operations will include feeding, training, observation, presentations, programs and cleaning from 7 AM to 5 PM, and onsite security from 5 PM to 7 AM. The applicant has presented two options for the disposal of spoil from the proposed dredge area. The first option involves transporting the spoil to nearby Sheep Island for disposal within a 400 X 800 ft area. Sheep Island is an existing spoil area owned by the US Army Corps of Engineers. The applicant is seeking permission from the Corps to utilize the island but at the time this application was submitted, permission had not yet been granted. The second option involves placing the spoil material on a high ground diked area owned by the applicant and presently serving as the parking lot for Blue Water Point Marina. The dredge related spoil would be transported by a barge mounted excavator and off loaded, at the boat ramp, to the parking area on the west side of the property. The spoil material would be retained onsite by small earthen dikes and silt fences, until such time that it has dried and can be hauled to an upland disposal site or used as fill material. Future maintenance excavation would be completed as needed, and would be proceeded by similar spoil disposal area preparations. As a point of note, a letter from one of the adjacent riparian neighbors has already been received which As a point of note, a letter from one of the adjacent riparian neighbors has already been received which lists several concerns about the proposed development. One of which was that the applicant may be using the proposed development as a "smoke screen" to dredge a deeper basin which would later be used for marina expansion. Most of the other issues raised, e.g. parking, trash on lots, zoning violations, etc., appear to be those that should be addressed by the local government. 10. ANTICIPATED MEA T The project would disturb approximately 6840 square feet of shallow bottom as a result of the excavation activity. Approximately 320,000 square feet of high ground will also be disturbed from placement of spoil material. Since the applicant is essentially proposing housing for bottlenose dolphin, the dredging activity cannot be considered maintenance dredging. The project will also create a loss of 6840 square feet of Public Trust waters for a non-water dependent use. The dredging of a basin to a ten foot depth adjacent to a shallow water area will also create problems with dissolved oxygen should the circulating pump fail to operate or the project as a whole is unsuccessful and abandoned. Issuance of a permit for this type of development would set a precedent which is inconsistent with intended use standards of public trust and estuarine waters. Submitted by: Jerry A. Parker Date: 11-16-99 Office: Wilmington State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality Mr. Carl F. Mickey, Sr. Blue Water Point Marina & Motel Inc. 5710 West Beach Dr. Long Beach, NC 28465 Dear Mr. Mickey: 4 • N C D E N?R? NoRrH Gr+ouN^ DEPIARTMeNT of ENVIRONMENT AND NATURAL RESOURCES November 2, 1999 NOV a , y9g DIVISIU:'< r q TAL MANAGEMENT Subject: EXE111ZPI'ION Stormwater Project No. SW8 970114 Brunswick County Blue Water Point Marina & Motel, Inc. The Wilmington Regional Office received a copy of the CAMA Major Permit Application for excavation on November 1, 1999. Staff review of the plans and specifications has determined that the development activities proposed will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 211.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. In accordance with 15A NCAC 2B.0231 and Division policy, new or continued ditching activities after March 1, 1999, may be a violation of state wetland standards. Violation of these standards may result in the assessment of civil penalties and other requirements to bring the project into compliance without additional wetlands impacts. In addition to the wetland standards, if your project disturbs five acres or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. In addition, any future modifications to the project will require additional review from this Office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 395-3900. Sincerely, Rick Shiver RSS/arl: S:\WQS\STORMWAT\CAMA\970114 Nover Quality Regional Supervisor cc. Jerry Parker, DCM Delaney Aycock, Brunswick County Inspections John Parker, DCM Wilmington Regional Office Central Files 127 Cardhud Dr. E=t., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity A.Mrmative Action Employer 50% recycled/10% post-consumer paper 1 ?I Ivn (ACT 2, 1999 D?VISfUN vF COASTAL MANAGEMENT Application for Permit to Develop Coastal Property at: Blue Water Point Marina and Motel 5110 West Beach Rd., Oak Island, NC 28466 Submitted by Carl Mickey, owner and operator of Blue Water Point Marina 10/1/99 I, Preteplication Meetinra Prior to submission of this application, on 9/10/99 we met with Mr. Ed Brooks at the North Carolina Department of Environment, Health and Natural Resources in Wilmington to brief him on our proposed marine mammal project. Attending the meeting were Mr. Carl Mickey Sr., owner of Blue Water Point Marina, Mr. Tod Turner, CEO of Dolphin Discoveries, LLC., and Mr. Ken Cole, President of Dolphin Discoveries, LLC. Mr. Brooks was extremely helpful and provided all appropriate application forms as well as direction and advice in pursuing approval of this project Application Forms All relevant application forms including: IJ --J \-% -L? * DCM-MP-1 * DCM-MP-2 OCT 91999 * DCM-MP-3 * DCM-MP-4 DIVISION 0117 * DCM-MP-6 COASTAL MANAGEMENT have been completed as required and are attached to this submission. Workplan Drawings Drawings of the proposed workplan have been attached as required to this submission. Location Map The site of the proposed project is: Blue Water Point Motel and Marina 5710 W. Beach Road Oak Island, NC 28465 An area map with directions and route numbers has been provided and is attached as required. Within the property boundaries, the exact location involves the west dock area, facing the Lockwood Folly Harbor, as it appears on the proposed workplan. Top or Plan View Drawing A top drawing, feature map has been included as required and is attached to this submission. Cross-Sectional (Side-View) Drawinaa A side-view drawing has been included as required and is attached to this submission. Project Narrative Consultant or Authorized Agent Application for the CAMA permit will be made directly by the property owner, Mr. Carl Mickey Sr. The use of a consultant or authorized agent is not necessary at this time unless advised by your office. Vyetland Delineation Approval Not Applicable Adjacent Property Owner Notification Certified letters and project descriptions have been sent to all adjacent property owners. Included in these letters were instructions to maintain an appropriate level of confidentiality and to pursue any objections concerning this proposed development through the Division of Coastal Management via letter. Stormwater Management Plan Certification Not Applicable. Ocean and Inlet Hazard Notices Not Applicable. Other Information Provided upon request. OCT 2 9 1999 Dp) DIviSiC , ;r COASTAL MANAGEMENT Attachments: 1. wed Check in the amount of $250.Oo 2. Copy of Deed 3. Copy of Original Permit #25-97 4. Copies of completed applications: DCM-MP-1, DCM-MP-2, DCM-MP-3, DCM-MP-4, and DCM-MP-8. 5. Map, Top View and Side View drawings 6. Copies of Adjacent Property Owners receipt of certified letter of notification 5. Approve construction of a six (6) foot wide pier. 6. Allow for Installation of a floating dock and attached underwater platform within this area. Should this request be approved, Blue Water Point Marina will become host to an interactive and educational dolphin breeding and research facility and the only natural, open-water marine mammal breeding facility outside of Florida. Significant research has pre-empted this request and involved a careful study of optimal environmental conditions and water quality as well as open ocean access (Lockwood Folly inlet) conducive to housing, breeding, and training Bottlenose Dolphins. As part of this research, Congressional inquiry to Rep. Mike McIntyre's legislative liaison office has confirmed that no laws exist nor are pending that should preclude such operations in the state of North Carolina. Additionally, a review of all existing federal regulations involving the housing of marine mammals in open ocean environments has been competed. A is the intent of this proposed development to meet or exceed all federal regulations involving the care of captive dolphins. All marine mammal operations will be conducted by experienced/qualified animal behavior and marine mammal specialists in accordance with the published rules specified in The Code of Federal Regulations; part 18, concerning the housing and care of marine mammals. These operations will provide research opportunities for marine mammal specialists, university students and faculty, as well as educational presentations for local school programs including; marine ecosystem dynamics, marine mammal science, animal behavior, cetacean physiology, and habitat/wildlife preservation. Low volume commercial operations will involve in-water dolphin interaction programs and special needs programs for disabled guests. Support facilities such as office space and classroom will make use of the existing marina/hotel infrastructure. These commercial operations also include an educational component as required by federal regulations. Finally, we respectfully request careful consideration, with an appropriate level of confidentiality, in regards to this relatively "high profile" dolphin project. We would also ask your offices to consider the careful timing of this project completion as it relates to optimal animal acclimation, seasonal environmental conditions, water temperature conditions, breeding season activities and additional final inspections required by federal regulators prior to animal arrival. We are attempting to transport animals from an existing marine mammal facility, under a breeding loan agreement, by 3/1/00 and must carefully coordinate this complex transport operation within a limited time window. Any opportunities to expedite completion of the application process and final approval, without compromising this important review process, would be much appreciated. We are grateful for any suggestions and help that your office can provide. Application Fee A-ed check for $250, has been submitted as required with this submission. Deed A copy of the deed for the property has been included as required and is attached to this submission. r -c • ?" J ?? I I 1 1 -- - ? ?? 1999 ... ; ; t,IAINIAGEMENT Form DCM-MP-1 APPLICATION,,:, CC? (To be completed by all applicants) COASTAL MANAGEMENT b. City, town, communitypr landmark 1. APPLICANT a. Landowner: Name Address S-710 Z,61. geo-c/, City 0-AA, ZT-Inn'l State Zip Day Phone 16) -,7 7P-A?V?0 Fax 2%0 `',2 7e /,Z / b Authorized Agent: Name TM CT' CIif6i Address S?ti?? ,rt???vP City Zip Fax c Project name (if any) State NOTE. Pernot %Q be issued in name of kmdawner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Yl-uI7 C &11,6 K c. Street address or secondary road number d. Is proposed work within city limits or planning jurisdiction? Yes No e. Name of body of water nearest project (e.g. river. creek, sound, bay) , FAA- e-m eh vmve 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. SC'C 417t9C Q UE a w: a? b. Is the proposed activity maintenance of an existing project, new work, or both? c. Will the project be for public, private or commercial use? ,VmA /;c, Loth ?? e, / 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. Spy Revised 03/95 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 17 , .7, t?r t e? b. Size of individual lot(s) IV.4 . c. Approximate elevation of tract above MHW or NWL 2` 7" M bf !V d. Soil type(s) and texture(s) of tract e. Vegetation on tract f. Man-made features now on tract Z_ _ J) g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) ? Conservation _ Developed Rural Transitional Community Other h. How is the tract zoned by local government? /__ /7 m m ef-c; A / i. Is the proposed project consistent with the applicable zoning? ? Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? _x/19 k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ? No 1. Are there wetlands on the site? Yes P" No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach docutnnuation, if available) Revised 03/9 m. Describe existing wastewater treatment facilities. 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.) Neuies,, o. Describe existing drinking water sup ly source. C v o 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 forward 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 ink on an 8 1/2" by I1" white paper. (Refer to Coastal Resources Commission Rule 7J.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 an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 IJ Form DCM-MP-1 or site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • 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. 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 in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. Name ohc-r? I certify that I am authorized to grant, and do in fact, Address Val grant permission to representatives of state and federal Phone Grernf/?c+:-o . ?1/c' . review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name G?-rC, -je , Ile ,"e k permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone • A list or previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ,L 9#o 79 d/?-yoa =/191 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. k • A signed AEC hazard notice for projects in oceanfront and inlet areas. This is the o27 day of OcfAa,- 19-2L. Print Name i?: f-l 1= A/;c/(e v Signature landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. I/-DCM MP-2 Excavation and Fill Information Ll' DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development • 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. NOTE: Please sign and date each attachment In the space provided at the bottom of each form. -----J A7/AL Form DCM-MP-1 Addition?? o4alication Information 3 (d). Description and planned use of proposed project (cont.) - Pier construction will be completed with pilings and treated lumber for support joists and decking. Floating docks will be ordered built off site and shipped in sections to be linked together according to the diagram. Access to floating dock from the pier will be from a gangplank. Regular daily operations will consist of: 1. Morning food preparation and clean up 7:00 am 2. Morning rounds with supervising attendant, initial husbandry training session for all animals 7A5 am 3. Completed opening procedures, record review and observations, including morning feeding 8:30 am 4. First education group or Interaction Program guests arrive, separation of animals 9:00 am 5. Formal program begins and lasts until 11:00 am 6. Training and Enrichment session for all animals 11.30 am 7. Sessions complete, records written 12:00 noon C ?? 8. Lunch Break until 1;00pm 9. Second Education group or Interaction 1 n p ? Program guests arrive, separatlon of animals v OCT 2 9 1999 1:00 PM i?iVIS! ;N I-) F 10. Formal program begins and lasts until COASTAL MANAuENIEi'T 11. A3;00 PM fternoon Training and Enrichment sessions for all animals 3:30 PM 12. Closing Procedures, clean up and food preparation for following day 4:00 PM 13. Night watch arrives (either staff member, researcher, or security officer) at 5:00 PM and remains until 7:00 am Exact operations may change slightly given weather conditions or program scheduling. Many training sessions are done on a less regular schedule throughout the day. laal Form DCM-MP-1 Additional Acplication Information 3 (d). Description and planned use of proposed project - The purpose of the proposed improvements is to create an area appropriate for housing marine mammals, specifically bottlenose dolphins for public display, breeding and research. Specific plans were developed to meet or exceed existing federal regulations for housing marine mammals under the Animal Welfare Act (AWA). Dolphin Discoveries LLC., will house and bread bottlenose dolphins for captive propagation and preservation of this species. Educational presentations, programs, and related curriculum will be provided to school groups, students, faculty, and researchers as part of these operations. Commercial operations will permit a limited number of participants to enter the water and interact with dolphins under close supervision by experienced marine mammal behaviorists. (See maps, page 2 of 7) OCT 2 91999 DiviSir-)rv ur COASTAL MANAGEMENT Form 6CM-MEP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-Y. Be 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 values to be given in feet. Average 1 UMI Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Beet De ph.'h basin Boat ramp Rock groin Rock breakwater 1019 1/y/'/? N?q N N? Other (Excluding N shoreline stabilization) - - i -7 77 J? 0r.'T .7 2999 COASTAL I?ACvAGEMENT 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards :::Z b. Type of material to be excavated 9: -% -!;; pcl 1J"! s /r` c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes --&CNo d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area i b. Dimensions of disposal area _Or? .tc" moo c. Do you claim title to disposal area? Yes _v-'-' No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? v' Yes No If yes, where? form DCNI-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes L/ No f. Does the disposal include any area in the water? Yes ? No If Yes, (1) Amount of material to be placed in the water (2) Dimensions fill area (3) Purpose of fill N117 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length h c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of informarion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of till material i. Source of fill material 4'111 b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetland Yes No If Yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? - b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be crDssed in transporting equipment to project site? Yes tZ No If yes, explain steps that will be taken to lessen environmental impacts. r 1000 4. OTHER FILL ACTIVITIES C`` ?r ` `AppIicantior Projecte (Excluding Shoreline Stabilization) Signature a. Will fill material be brought to site? N ° 7 G> l Yes No Date / 7-?--? D...:..,1 nvor 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 proposed b. Number of lots or parcels c. Density (give the number of residential units and the units per acre) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. e. 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? Yes No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. g. 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. Revised 03195 G! V I' G 4 COASTAL tAANA6E11'ENT 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? Yes No If yes, date submitted i. Describe proposed method of sewage disposal. j. Have the--facilities' described in Item i. above received state or local approval? (Attach appropriau dommmadm) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down"; and residential discharges). Describe proposed drinking water supply source (e.g. well, community, public system, etc.) m. Will water be impounded? Yes No If yes, how many acres? n. If the project is a ,oceanfront development, when was the lot(s) platted and recorded? Applicant or Project Names Signature /O /-? f1A24? Date /',' S? Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) ' (1) Commercial -Community _ Private (2) Number IY- i (3) Length /.? OVAr'-V,5- °77 (4) Width (5) Finger Piers Yes _i,,:f No (i) Number 4/1 (ii) Length /y%? (iii) Width (6) Platform(s) --i,- es No (i) Number / (ii) Length (iii) Width (7) Number of slips proposed AVW (8) Proximity of structure to adjacent riparian property lines 520" (9) Width of water body ZTS-0' (10) Water depth at waterward end of pier at MLW o b. Boathouse (including covered lifts) (1)? Commercial Private (2) Length (3) Width _Z4 c. Groin (e.g. wood,'sheetpile, etc.) (1) Number (2) Length(s) N/ d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average dist ce from MHW, NWL or wetlands &i, (3) Maximum distance beyond MHW, NWL or wetlands T/ OCT z 1999 Giv! _,,U , COASTAL MANAGEMENT e. Mooring buoys /V/ (1) - Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) T? (4) Width of water body (5) Distance - buoy( tote placed beyond shoreline f . Mooring structure (boatlift, mooring pilings, etc.) (1) Aumber Commercial -Community _ Private (2) ? VAV (3) Length !T/yI (4) Width /,y g. Other (Give coonrlete description) Applicant or Projec ame _ Signature / C' 1-2 7 ?CJ r 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. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. _ L' Commercial Public Residential b. Will the marina be open to the general public? j,?f_ Yes No J J 0CT 2 1999 ..I COASTAL EJIANAGEMENT g. Typical boat length h. Maximum boat length i. Are any floating structures planned? -YZr- If so, describe - 2. MARINA OPERATIONS a. Check each of the following sanitary, facilities that c. If there is residential development associated with will be included in the proposed project. the marina, how many units or lots are planned and Office toilets how many are currently developed? Toilets for patrons Number Location d. Check all of the types of services to be provided. 1Y? Full service, including travel lift and/or rail _i?' Dockage, fuel, and marine supplies l(? Dockage ("wet slips") only Number of slips ?(. Dry storage Number of boats /Y Boat ramp(s - Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin amh4r cl;aancl- Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). l? Showers Boat holding tank pumpout Type and location b. Describe treatment type and isposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash disposal. A/ lo d. How will overboard discharge of sewage from boats be controlled? e. Give the location and number f "No Sewage Discharge" signs proposed. Revised 03/95 Form DCM-AIP-6 Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g- Where will residue from vessel maintenance be disposed of h. Give the number of channel markers and "No Wake" signs proposed. L Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. k- What will be the marina policy on overnight and live-board dockage? _ /V ? 1• Is the proposed marina located near any shellfish leases? Yes No If yes, give the name and address of the leaseholder. I m. If this project is an expansion of an existing marina, what types of serv'ces are currently provided? i n- How many slips are now available? n/ o• Is the marina proposed within a primary or secondary nursery area? -?? Yes - No P- Is the marina proposed within an area open to shellfish harvesting Y! ' Yes 7 -`- No 9. Give the location and number of Available" signs proposed. mpout C :?ject APP?nt N Signature Date i 7? ?' 1! J!'V' ? J `.J i V l tevised 03195 1 1 1 I q ? It 1 T 1 1 1 1 1 1 1 1 J 8 8 O Z ! ! i% ?m ? I I m? I 1 r ! 1 1 r I f I / ! ! 1 f ! ! f I f f r ! r ! r f I I ! SQ f KS 1 f WEST DOLPHIN DRIVE IA 1N -- -!I t WEST 6EACH ROAD EXISTING FLOATING DOCK O? Z -jGT COP,51 ,L tJiAI?AGtt??E? N V 4 c u c II ? C OCT z `; X999 ???OAS'"AL MAN IAGEMEN 0 P Q ch Z O? ?Z 0 0 4 is W;. sl m 2 m RU 41 ?l C r ?p rt? Q Z U! r-, i RE 6 N 0 0 C T : 9 199 DP? E) i vlJ,?. i, -j r COASTAL MANAGEI ENT v IN ool \ 0141 \\ \\ \ \ r SUNSET HARBOR AREA \ ?? (GORES LANDING) SHEEP ISLAND 1 \ 1 ?p _\???\\\\ _ ??R/IY • I \ 6 1 I 111 ? ?\\ ?-. I \'? I I 1 \I \ ? ?. o - 1 11// 11 1 HORSE ISLAND 11 • ; ?,?'pl! 1?111t ter. • \ I ? ?I I I 111 , ? 1 11 l I /i • • • CRASS . - - 11 I 1 I I I I I I I I 1 > > _ _ / • - ? 1111 ?IIIII - ?- ?\?/ • 1 1 j 11 j Illjl! _?? R/w ?,_- / I IIII 111111 _?? . _ . . . ? 1 \ CRASS - - - - - / / 01 - GRASS -- 1 1 r 4 35Q BODY Of WATER WDTH ?Q GRASS DOLPHIN I PROJECT HW-*ti W-+4.0 WEST DOLPHIN DRIVE 2 9 1999 r lv'li-,I?HUENIENT AREA TOPOGRAPHY 400 200 0 400 WNgT `^" S E WATER POINT MARINA SCALE IN FEET -21-ss WEST BEACH DR ISLAND, N C 28465 T DL, NT nl? ?s i s o_ DEN Hoiden 1 t3KUNbVVll.R C.UU[N1 i_ NORTH CAROLINA FROM NC DOT BRUNSWICK CO. ROAD MAP L M. ?C ^?r LO I _ LOCKWOODS FOLLY, N.C. t .s o t MILES IOW 0 1000 2000 ]OW 4000 '.IOW 1000 70W mm 1000 10000 , CONTOUR INTERNAL S FEET I FROM USGS QUAD SHEET MAINTENANCE DREDGING AT. BLUE WATER POINT MARINA AND MOTEL INC. 5710 WEST BEACH DRIVE BRUNSWICK COUNTY LONG BEACH, N.C. BY. CARL F. MICKEY, SR. DRAWN BY. Wm. H. WARREN, JR. DATE: DEC. 1995 SHEET I OF S a, ,: \ ? r '? ? r.r+a+w 1 ' / / GRASS ?tllc / / ?Illc // r EXISTING FLOATING DOCKS • A • A • A • L t I t 1 I I I I / I / I // /COI / / EXISTING ENTRANCE CHANNEL --- my COSTING FLOATING DOCKS 6j '' • r l • n • ??,j `• ,yh y0 lye RAMP z rc ---------------LWmO.U- - IL 114 lL SPOIL AREA SEE SHEET 5 of 5 GRASS JL lnt ? IL a Xk. W Ako B D t` Lo tOP OF: tEGORY K. HEDRICK W WEST DOLPHIN DRIVE -- -- -- -- -- -- PLAN OF BLUE WATER POINT MARINA 100 50 0 100 200 SCALE IN FEET s i4 i 1 1 LILL I 1 1 I 1 1 1 1 1 1 1 ` ? O 1 \ 1 1 \ 1 1 \ Q\ h \ \ BLUE WATER POINT MARINA AND MOTEL, INC. MOTEL I I I WITH AI WALKWAY PARKING (PAVED) W-+4.0 PROP OF. ROBERT H. STEWART - - RAW - - vw NOTE: ELEVATIONS AND SOUNDINGS ARE BASED ON LW-0.0 MAINTENANCE DREDGING AT' BLUE WATER POINT MARINA AND MOTEL INC. 5710 WEST BEACH DRIVE BRUNSWICK COUNTY LONG BEACH, N.C. BY: CARL F. MICKEY, SR. DRAWN BY. Wm. H. WARREN, JR. DATE: DEC. 1996 SHEET 3 OF 5 f H N-=-+ LSD LW=0.0 -------------- EXISTING BOTTOM VE F CUT TO -6.0 SECTION A NOT TO SCALE i! W 'T Z to 0 c l j i i (1? 3 w w n- =,sTAL !VIIAI ;?GEIJiENT CO 0- Z 0 D , W 4 O W O O w w O D NOTE: 1. SPOIL WILL BE TAKEN FROM BARGE BY "BOBCAT" AND PLACED ON DESIGNATED SPOIL AREA t2.5' DEEP AND GRADED OVER ENTIRE AREA AS REQUIRED. 2. APPROXIMATELY 2,000 CY WILL BE REMOVED FROM SHOAL IN ENTRANCE CHANNEL BY BARGE MOUNTED EXCAVATOR AND TRANSPORTED TO DESIGNATED SPOIL AREA. MAINTENANCE DREDGING AT. BLUE WATER POINT MARINA AND MOTEL INC. 5710 WEST BEACH DRIVE BRUNSWICK COUNTY LONG BEACH, N.C. eY: CARL F. MICKEY, SR. DRAWN BY.- Wm. H. WARREN, JR. DATE: DEC. 1996 SHEET 5 OF 5 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D. Moffitt, Director MEMORANDUM: November 18, 1999 TO: Mr. John R. Dorney, NCDENR Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27611-7687 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Carl Mickey/Blue Water Point Marina T & Project Location: End of 57"' Street Place, Adjacent to Eastern Channel, W. Long Beach, NC, Brunswick County Proposed Project: Request for permit to allow him to create an area appropriate for housing marine mammals, specifically bottlenose dolphins, for public display, breeding and research. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 12, 1999. If you have any questions regarding the proposed project, please contact J.A. Parker at extension 254. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE 4 2 ,LO 127 Cardinal r. F xt., Wilmington, No th Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 A A1414a NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DEPARTMENT OF THE ARMY fi WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 7, 1999 Regulatory Division Action ID No. 200000465 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1162 Dear Mr. Dorney: t y Reference the application of Blue Water Point Marina for Department of the Army authorization and a State Water Quality Certification to excavate an area to create housing for bottlenose dolphins and to construct a bulkhead and pier adjacent to Eastern Channel, Long Beach, Brunswick County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by February 7, 2000, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office Copy Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638