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
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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
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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.
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-- - ? ?? 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
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WEST DOLPHIN DRIVE
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COASTAL MANAGEI ENT
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CRASS - - - - - / / 01 -
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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
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NORTH CAROLINA
FROM NC DOT BRUNSWICK CO. ROAD MAP
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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,
,:
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EXISTING FLOATING DOCKS
• A • A • A • L
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EXISTING ENTRANCE CHANNEL
---
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COSTING FLOATING DOCKS 6j
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---------------LWmO.U- -
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SPOIL AREA
SEE SHEET 5 of 5
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Ako
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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
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I 1 1
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1 1 ` ?
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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
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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