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HomeMy WebLinkAbout20000878 Ver 1_COMPLETE FILE_20000705J t? Sr42'& • ? e $ crX' r UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, S.W. Atlanta, Georgia 30303 - 8960 Colonel James W. DeLony tom' 13 2000 District Engineer 'ATTN: Mr. Jeff Richter U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 SUBJ: Bluewater Associates Action I.D. No. 200001443 Dear Colonel DeLony: tr This is in response to the above referenced State Field Investigation Report, dated July 7, 2000, for the proposed construction of a 29-slip marina and boat ramp, including maintenance dredging of an access channel and two canals, adjacent to the White Oak River, in Peletier, Carteret County, North Carolina. In a letter dated July 26, 2000, the U.S. Environmental Protection Agency, Region 4 Wetlands Section (EPA) recommended denial of authorization based upon concerns that construction of the marina would cause a closure of shellfish waters. We have received a letter from the applicant's agent, Larry Zucchino, dated October 20, 2000, concerning the potential impacts of the proposed project to shellfish waters. The letter includes an attached internal memorandum from the North Carolina Department of Environment and Natural Resources, Division of Coastal Management, which states that the proposed project will not cause a shellfish closure if in compliance with provisions of the memorandum. Mr. Zucchino states that the conditions of the memorandum will be incorporated into the CAMA permit. Based on the information provided, EPA has no further objections to the proposed project. Thank you for the opportunity to comment on this project. If you have any questions regarding these comments, please contact Kathy Matthews at the above address or by telephone at (404) 562-9373. Sincerely, ? William L. Cox, Chief Wetlands Section cc: USFWS, Raleigh NCDENR, Raleigh NCDCM, Morehead City NMFS, Pivers Island I \ K REPLY TO ATTENTION OF: Regulatory Division Action ID No. 200001443 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 July 27, 2000 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: a WETLANDS GROUP WATER ILLIN ITY SE `.f' Reference the application of Bluewater Associates for Department of the Army authorization and a State Water Quality Certification to construct a 29-slip residential marina and boatramp and perform maintenance excavation of the access channel and two associated canals adjacent to the White Oak River in Hancock, Carteret 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 10 of the Rivers and Harbors Act. However, because the activity involves dredging, 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 September 5, 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, c? , S Jeffrey H. Richter Regulatory Project Manager 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 State 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 0C.9XA D E N R July 17, 2000 DWQ# 00-0878 Carteret County Bluewater Associates, Inc. P.O. Box 4340 Emerald Isle, NC, 28594 APPROVAL of 401 Water Quality Certification with Additional Conditions To Whom It May Concern: s? You have our approval, in accordance with the attached conditions, to dredge 2.24 acres of non-vegetated wetlands in order to construct a marina on your property in Carteret County, as you described in your application dated 5 July 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. 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 Watershed regulations. Also this approval will expire when the accompanying 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. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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 211 .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below. 1. The activity shall be conducted in such manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge (25 NTU's in all saltwater classes); 2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds in order to ensure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404/CAMA Permits (whichever is later). 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 Dorney at 919-733-9646. Si cerely, Kerr T. Stevens i-1111 .l Non-Discharge Branch • 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Attachment cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Doug Huggett, DCM File Copy Central Files Paton/Zucchino Associates, 200 North West Street, Raleigh, NC, 27603 1 000878 IFIL MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Bluewater Associates, INC Project Number 00 0878 Recvd From DCM Received Date 7/5/00 Recvd'By Region Project Type marina and boat ramp County Carteret County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. supp. Basin Req. Req. CAMA ? ©7 ? ,? SA HQw 30,501. F ?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y O N Recommendation: Q Issue 6 Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office is concerned abort the amount of turbidity that may be caused by this eject. We would also like to request that the remaining wetlands on the property be placed in a deed restriction of other and type restrictive measures. cc: Regional Office Central Office Page Number 1 Facility Name Bluewater Associates, INC County Carteret Project Number 00 0878 Regional Contact: J. Steenhuis Date: 7/14/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 2. 3. 4. 5. 6. APPLICANT'S NAME: Bluewater Associates, Inc. LOCATION OF PROJECT SITE: Carteret County, off SR 1106, adjacent the White Oak River in the Peletier Community Photo Index - 1995: 37-447 (index I-6; J-5,6; K,L,M-5) 1989: (index K,L-7; M-6,7; N-5,,6; 0-6) State Plane Coordinates - 2,569,000 Y: 360,000 Beaufort Quad "UL" INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 8, 2000 Was Applicant. Present - No PROCESSING PROCEDURE: Application Received - May 25, 2000 Office - Morehead City SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP -'Conservafion (B) AEC(s) Involved: PT, EW, ES, CW o 0 0 8 (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing-None Planned - Individual septic systems (F) Type of Structures: Existing - Subdivision.streets, curb & gutter Planned - 29-slip residential marina & boat ramp (G) Estimated Annual Rate of Erosion: None Source - Site inspection HABITAT DESCRIPTION: [AREA] T)WRT)GRT) FTT J .FT) OTTTFR 7 (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Usurpation PTA, EW of Ramos Gut 97,620 fe 11,050 ftz (C) Other ES High Ground 31,250 ftz (D) Total Area Disturbed: 139,920 ff ' (E) Primary Nursery Area: No (F) Water Classification: SA Open:. Yes PROJECT SUMMARY: The applicant.proposes to construct a 29-slip residential marina and boat ramp on Ramos Gut, located off the White Oak River, near the Peletier Community, in Carteret County. The applicant also proposes'to riiainteriance dredge the access channel and the two associated canals. 8 FIELD INVESTIGATION REPORT: BLUEWATER ASSOCIATES, INC./CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The proposal has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act which resulted in a Finding of No, Significant Impact being issued during November of 1999.'","The site is a 38-acre tract located off SR 1106, . adjacent to the White Oak River, on Ramos Gut, near the Community of Peletier, in Carteret County. The property is zoned for industrial use and has supported a seafood processing plant in the past. The processing facility with canals sand a holding pond all used in the processing industry remain on the site. The site has also supported agricultural fields, forest land, wooded vegetation, and coastal marsh. The high ground has recently been converted to a 68 residential subdivision with asphalt. roads and concrete curb and gutter. A 7,900 fe marl parking lot exist at the end of the street cul-de-sac. Jurisdictional wetlands are present on the site and have been delineated. An old concrete boat ramp also exist on the site at the west end of the canal. The canals are some 50' to 60' in width and approximately -1.5' in depth with a minimal marsh fringe. The existing channel _ of Ramos Gut is less than -1' in depth and approximately 30' in width and extends some 2000' in length where it connects to the deeper waters of the White Oak River. Ramos Gut is bordered by low marsh, dominated by Spartina alterniflora, on both sides. The waters are classified as SA and are open to shell fishing. SAVs and shellfish are common in the area. Project Description The applicant is proposing to install ` a 29=slip marina with boat ramp and to conduct maintenance excavation in an existing channel and canal in Ramos Gut to serve a low-density residential subdivision being developed. The channel area to be dredged measures approximately 1,946' X 30' and would be hydraulically excavated to a depth of -4' MLW. The western end of the canal would be excavated in an area measuring approximately 365' in length and 50' in width to a depth of- 4' below MLW, while the area along the eastern end of the canal measures 460' in length and 30', also .to a depth of -4' MLW. "Approximately 6,500 yds3 of silt/sandy material would be removed form the channel area while another 4,150 yds3 would be removed from the canal. Spoils `would be pumped to a 300' X 100' high ground disposal area located on lots 30, 31, 32', and 33 of the subdivision with the effluent discharged backed to a natural drain leading from the existing pond. A 25' X 75' boat ramp would also be installed in the vicinity of the old concrete ramp. A 50' X 25' marl drive would. lead to the boat ramp. The 29-slip marina would be :constructed along the north shore of the canal to serve 16' to 21' boats. The 6'-wide dock would run approximately 850' along the shoreline with the tie poles delineating the slips Yocated 10' from the waterward side of the dock. The dock would be positioned landward "that distance" necessary to ensure that the one-quarter rule of the canal would be met. On the plans,' the dock averages being located some 3' out into the water. Five 3'-wide access piers to the dock,.would also be constructed. The bottom of the dock would be a minimum of 3' above any coastal wetland vegetation. Two channel markers are proposed at the mouth of the access channel. FIELD INVESTIGATION REPORT: BLUEWATER ASSOCIATES, INC.%CARTERET COUNTY PAGE #3 Anticipated Impacts The maintenance dredging of the access channel would impact approximately 58,380 fte of shallow water/estuarine habitat while, maintenance dredging of the canal would impact another 37,365 f e. Installation of the boat' ramp would impact another 1,875 fie of canal bottom. Approximately 10,760 yds3 of silt/sandy- material would be removed from the system as a result of the dredging. Any shellfish or SAVs in the dredging locations would be directly impacted. The applicant has committed in the. EA to mitigating any potential impact on the . shellfish resources including relocating and seeding. The dock would usurp approximately 11,050 fte of Public Trust Waters. 'The marl drive leading to the boat ramp would add another 1,250 ft2 of impervious cover to the tract. Construction of the temporary spoil area would impact another 30,000 fO of high ground. It appears that the construction of the 29-slip marina would trigger a shellfish closure. Since the dredging of the access channel is proposed at 30' there would be some adverse impact on the adjacent marsh near the mouth of Ramos Gut where the open water is only 30' wide. There would be an increase in the boating traffic in the area with potential for bottom kicking of the fine silty sediments in the adjacent shallow areas outside the channel alignment. M. Ted Tyndall - Morehead City office - July 3, 2000 Furrii DCM-MP-1 APPLICATION. (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Peletier Community C. Street address or secondary road number SR 1106 'a. Landowner: - Name Bluewater Associates, Inc. Address P.O. Box 4340 City Emerald Isle, State NC Zip 28594 Day Phone (252) 354-2128 Fax (252) 354-5611 b. Authorized Agent: Name Paton/Zucchino & Associates, P.A. Address 200 North West Street City Raleigh . State NC Zip 27603 Day Phone (919) 834-8620 Fax (919) 828-7068 c.. Project name (if any) Bluewater Cove Subdivision NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) White Oak River 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. Maintenance dredging of a channel and canals, boat docks and boat ramp as part of residential subdivision. b. Is the proposed activity maintenance of an existing project, new work, or both? Channel Maintenance New Docks c. Will the project be for public, private or commercial use? Priv, P 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. _ Hgarigul it dredge for channel maintenance. Wood construction for docks. Dn..Z-A /lane Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 38.47 Acres b. Size of individual lot(s) Average 15,000 SF c. Approximate elevation of tract above MHW or NWL 2 to 28 feet- MST, d. Soil type(s) and texture(s) of tract Sandy Loam/Silt Loam e. Vegetation on tract Pine/Mixed Hardwoods f. Man-made features now on tract Subdivision road, boat ramp, canal and channel g. What is the CAMA Land Use Plan land classification of the site? (Consort the iocai land use plan.) Conservation Developed Rural Transitional X Community Other h. How is the tract zoned by local government? R-1S M i. Is the proposed-project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if appUcabie) j• Has a professional done for the tract? If yes, by whom? - k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x_ No 1. Are there wetlands on the site? X Yes No Coastal (marsh) Other If yes, has a delineation been conducted? Yes (Anach docwnentation, if available) archaeological assessment been Yes X No m. Describe existing wastewater treatment facilities. On site septic systems for residential lots 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.) . Stormwater run-off is handled through low-density BMPs o. Describe existing drinking water supply source. County Water Service 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 11" white paper.. (Refer to Coastal Resources Commission Rule 7J.020' :1 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 Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION • 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. TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained 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 Crystal Coast Amphitheater, Inc. I certify that I am authorized to grant, and do in fact, Address P.O. Box 1004, Swansboro, NC 28584 grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in Name Mr..Tony Kelly connection with evaluating information related 'to this e Road, inston, 504 Permit application and follow-up monitoring of the Address project. Phone Name Herbert Page etal Guthrie I further certify that the information provided in this Address 114 Hunting Bay, Swansboro, NC 2858pplication is truthful to the best of my knowledge. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NCDwQ swa 9An 4?n 1?/AA NCDLQ. 990608CA 6/99 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. This is the Z 2 day of kt."ki-t , 19-11 Print Name Lawrence R. Zucchino Signature G? Landowne or Aut riled Agent Ce,vt 3.Z. 60 C. y Please indicate attachments pertaining to your proposed project. x DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X 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. Revised 03/95 e?? *- NCDEN June 30, 2000 JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY DONNA D. MOFFITT DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator IL LUAU L p5y ?q1C !. ?C rn? t,? e SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bluewater Associates, Inc. O O V 7 Project Location: Carteret County, off SR 1106, adjacent the White Oak River in the Peletier Community. Proposed Project: Proposes to construct a 29-slip residential marina and boat ramp on Ramos Gut, located off White Oak River, near the Peletier Community, in Carteret County. The applicant proposes to maintenance dredge the access canal and two associated canals. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 21, 2000. If you have any questions regarding the proposed project, please contact Ted Tyndall at (252) 808-2808. 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. -y SIGNED DATE Him MOREHEAD CITY OFFICE HESTRON PLAZA 11, 151-B HIGHWAY 24, MOREHEAD CITY INC 28557 PHONE: 252-808-2808 FAX: 252-247-3330 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 ..' Fonn DCM-MP 2 Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. 'Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 11'.197 Cy fill activities. All values to be given in feet._ ' b. Type of material to be excavated Silt, Sand AveMe Fbal Fada?tIng, : Project Length Width Depth Depth c. Does the area to be excavated include coastal Access wetlands (marsh), submerged aquatic vegetation channel el (SAVs) or other wetlands? Yes X No (NWL) 1946LF '30' -0.7ML -4.0' (Mann d. Highground excavation in cubic yards None Canal A F365 LF 50' 1.6 ML.' -4.0' W 1 Canal B 460 LF 30' 1.6 ML -4,0 2. DISPOSAL OF EXCAVATED Boat N/A MATERIAL basin Boat a. Location of dis O al area On, site. Residential l ramp 75 25 -1.6MLW -3.2 M residentia lots .30 1 an b. Dimensions of disposal area Rock t 300' x 100' groin N/A c. Do you claim title to disposal area? Rock -X-- Yes No N/A breakwater If no, attach a letter granting permission from the owner., Other N/A d. Will a disposal area be available for future (Excluding r.. maintenance? Yes X No shoreline If yes, where? stabilization) il x i Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _Y_ No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization None Proposed Bulkhead Riprap b. Length r „ If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes Y_ No if yes, (1) Dimensions of fill area (2) Purpose of fill c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL 5: GENERAL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Spoil retention basin (Source of information) 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 fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge. Tandem Haul trucks c. Will wetlands be crassed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environt entat impacts. Bluewater Cove Subdivision Ap cant or Project Name Signature Date Revised 03195 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-I. 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 68 residential lots currently developed b. Number of lots or parcels 68 d Density (give the number of residential units and the units per acre) 68 1.77 DU/AC Size of area to be graded, filled or disturbed including roads, ditches, etc. 4.3 Acres If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted 4/12/99 f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Proposed marl on service drive and concrete ramp 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. Maximum 30% or 25,000 SF Revised 03/95 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? x Yes No If yes, date submitted 4/12/99 i. Describe proposed method of sewage disposal. Individual septic systems on developed lots. j. Have the facilities described received state or local approval? (Attach appropriate docutxentation) in Item i. above Yes 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). No direct sotrmwater discharges 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Existing community water system in. Will water be impounded? If yes, how many acres? _ Yes x No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? No Bluewater Cove Subdivision App cant or Project Nam e "(7 lac. c. Signature ', 1 d? Date Form DCM-MP-4 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 X Private (2) Number 1 (3) Length 850' (4) Width - 6' (5) Finger Piers X Yes No (i) Number 5 (ii) Length y., j P4 A,,g _ lo, (iii) Width 3' (6) Platform(s) Yes -X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 2 (8) Proximity of structure to adjacent riparian property lines Vari PG - minimum 25' (9) Width of water body V;;ri ac fin' to fin (10) Water depth at waterward end of pier at MLW or NWL Average 1.6 Feet MLW b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. : Groin (e.g. wood, sheetpile, etc.) N/A (1) Number .(2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length . (2) Average 'distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands ' e. Mooring buoys N/A (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings; etc.) (1) _ Commercial -Community X Private (2) Number 32 (3) Length 8' above MLW (4) Width 12 Wood Pilings g. Other (Give complete description) 2 navigational channel marker pilings Bluewater Cove Subdivision App ' t or Project Name c `?ltif Signature I ?-?/'L? ? Lkkh Date 2 .2. 00 kv L%C ? U, ?, 7 T-0 Revised 03195 Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than IU 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. Commercial Public x Residential b. Will the marina be open to the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 68 Currently developed d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies x- Dockage ("wet slips") only Number of slips 2 a - Dry storage Number of boats 1 Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel ' g. Typical boat length 16' - 10 h. Maximum boat length 21 Foot i. Are any floating structures planned? No If so, describe 2. MARINA OPERATIONS a. Check each of the following sanitary. facilities that will be included in the proposed project. Office toilets N/A Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and disposal location for all sanitary wastewater. No heads c. Describe the disposal of solid waste, fish offal and trash disposal. _ Warta r ar Pizt a r l a a boat ramp Open water, no dredging required d. How will overboard discharge of sewage from boats Other (describe) Maintenance dredging Canal be controlled? No heads f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). Small boats less than 21' in e. length, no on-board heads or enclosed cabins Give the location and number of "No Sewage Discharge" signs proposed. One at ramp - Revised 03NS Form DCM-MP-b f. 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 ? N/A o. Is the marina proposed within a primary secondary nursery area? Yes X No p. Is the marina, proposed within an area open shellfish harvesting? X Yes No q. Give the location and number of "Pumps Available" signs proposed. N/A Bluewater Cove Subdivision h. Give the number of channel markers and "No Wake" signs proposed. ? aaej, i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. N/A J. Describe design measures that prbmote boat basin flushing or circulation and that reduce water quality impacts. Maintenance dredging will increase tidal exchange. No heads on oats k. What will be the marina policy on overnight and live-board dockage? No overnight dockage or live a boards will be allowed 1. Is the proposed marina located near any shellfish leases? Yes X No If yes, give the name and address of the leaseholder. No m. If this project is an expansion of an existing marina, what types of services are currently provided? No n. How many slips are now available? 0 Ap t or. 'Project Name ftmt 3.2 ? Date Revised 43/95 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Bluewater Associates, INC County Carteret Project Number 00 0878 County2 Recvd From DCM Region Wilmington Received Date 7/5/00 Recvd By Region Project Type marina and boat ramp Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. supp. Basin Req. Req. ?- CAMA F-- FT _@N ?0 (18) SA HQW 30,501. F_ I Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y O N Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue Q Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office is concerned about the amount of turbidity that may be caused by this project_ We would also like to request that the remaining wetlands on the property be placed in a deed restriction of other and type restrictive measures. cc: Regional Office Central Office Page Number 1 Facility Name Bluewater Associates, INC County Carteret Project Number 00 0878 Regional Contact: J. Steenhuis Date: 7/14/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 DIVISION OF COASTAL MANAGEMENT; FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bluewater Associates, Inc. ET L ..", . 2. LOCATION OF PROJECT SITE: Carteret County, off SR 1106, adjacent the Whitelyier in the Peletier Community Photo Index - 1995: 37-447 (index I-6; J-5,6; K,L,M-5) 1989: (index K,L-7; M-6,7; N-5,6; 0-6) State Plane Coordinates - 2,569,000 Y: 360,000 Beaufort Quad "UL" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 8, 2000 Was Applicant.. Present - No 5. PROCESSING PROCEDURE: Application Received! - May 25, 2000 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP '`Conservation (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -'None Planned - Individual septic systems (F) Type of Structures: Existing - Subdivision streets, curb & gutter Planned - 29-slip residential marina & boat ramp (G) Estimated Annual Rate of Erosion: None Source - Site inspection 7. HABITAT DESCRIPTION: [AREA] DREDGED FTT .T .FT) nTUPu (A) Vegetated Wetlands (B) Non-Vegetated Wetlands PTA, EW of Ramos Gut 97,620 fe Usurpation 11,050 frz (C) Other ES High Ground 319250`ft2 8. (D) Total Area Disturbed: 139,920 ftz (E) Primary Nursery Area: No (F) Water Classification: SA Open:: Yes PROJECT SUMMARY: The -applicant :proposes to construct a 29-slip residential marina and boat ramp on Ramos Gut, located off the White Oak River, near the Peletier Community, in Carteret County. The applicant also proposes to`niainfenance dredge the access channel and the two associated canals. FIELD INVESTIGATION REPORT: BLUEWATER ASSOCIATES, INC./CARTERET COUNTY PAGE #2 The proposal has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act which resulted in a Finding of No. Significant Impact being issued during November-of 1999. = The site is a 38-acre tract located off SR 1106, . adjacent to the White Oak River, on Ramos Gut, near the Community of Peletier, in Carteret County. The property is zoned for industrial use and has supported a seafood processing plant in the past. The processing facility with canals and a holding pond all used in the processing industry remain on the site. The site has also supported agricultural fields, forest land, wooded vegetation, and coastal marsh. The high ground has recently been converted to a 68 residential subdivision with asphalt roads and concrete curb and gutter. A 7,900 ff marl parking lot exist at the end of the street cul-de-sac. Jurisdictional wetlands are present on the site and have been delineated. An old concrete boat ramp also exist on the site at the west end of the canal. The canals are some 50' to 60' in width and approximately -1.5' in depth with a minimal marsh fringe. The existing -channel of Ramos Gut is less than -1' in depth and approximately 30' in width and extends some 2000' in length where it connects to the deeper waters of the White Oak River. Rains Gut is bordered by low marsh, dominated by Spartina alterniflora, on both sides. The waters are classified as SA and are open to shell fishing. SAVs and shellfish are common in the area.. Project Description The applicant is proposing to install' a 29-slip marina with boat ramp and - to conduct maintenance excavation in an existing channel and canal in Ramos Gut to serve a low-density residential subdivision being developed. The channel area to be dredged measures approximately 1,946' X 30' and would be hydraulically excavated to a depth of -4' MLW. The western end of the canal would be excavated in an area measuring approximately 365' in length and 50' in width to a depth of-=4' below MLW, while the area along the eastern end of the canal measures 460' in length and'30', also to a depth of -4' MLW. Approximately 6,500 yds3 of silt/sandy material would be': removed form the channel area while another 4,150 yd would be removed from the canal. Spoils would be pumped to a 300' X 100' high ground disposal area located on lots 30, 31, 32' and 33 of the subdivision with the effluent discharged backed to a natural drain leading from the existing pond. A 25' X 75' boat ramp would also be installed in the vicinity of the old concrete ramp. A 50' X 25' marl drive would. lead to the boat ramp. The 29-slip marina would be .constructed along the north shore of the canal to serve 16' to 21' boats. The 6'-wide dock would run approximately 850' along the shoreline with the tie poles delineating the slips located 10' from the waterward side of the dock. The dock would--be positioned landward "that distance" necessary to ensure that the one-quarter rule of the canal would be met. On the plans, the dock averages being located some 3' out into the water. Five 3'-wide access piers to the dock,would also be constructed. The bottom of the dock would be a minimum of 3' above any coastal wetland vegetation. Two channel markers are proposed at the mouth of the access channel. FIELD INVESTIGATION REPORT: BLUEWA-'ER ASSOCIATES, INCJCARTERET COUNTY PAGE #3 Anticipated Impacts The maintenance dredging of the access channel would impact approximately 58,380 ft2 of shallow water/estuarine habitat while maintenance dredging of the canal would impact another 37,365 fO. Installation of the boat: ramp would impact another 1,875 fe of canal bottom. Approximately 10,760 y&, of silt/sandy. material would be removed from the system as a result of the dredging. Any shellfish or SAVs in the dredging locations would be directly impacted. The applicant has committed in the EA to mitigating any potential impact on the . shellfish resources . including relocating and seeding. The dock would usurp approximately 11,050 f-0 of Public Trust Waters. `.The marl drive leading to the boat ramp would add another 1,250 fO of impervious cover to the tract. Construction of the temporary spoil area would impact another 30,000 fe of high ground. It appears that the construction of the 29-slip marina would trigger a shellfish closure. Since the dredging of the access channel is proposed at 30' there would be some adverse impact on the adjacent marsh near the mouth of Ramos Gut where the open water is only 30' _wide. There would be an increase in the boating traffic in the area with potential for bottom kicking of the fine silty sediments in the adjacent shallow areas outside the channel alignment. " M. Ted Tyndall - Morehead City office - July 3, 2000 ? A `Form DCM=MP 1 1. APPLICANT a. Landowner: Name Bluewater Associates, Inc. " Address P.O. Box 4340 City Emerald Isle, State NC Zip 28594 Day Phone (252) 354-2128 Fax (252),354-5611 b. Authorized Agent: Name Paton/Zucchino & Associates, P.A. Address 200 North West Street City Raleigh State NC Zip 27603 Day Phone (919) 834-8620 Fax (919) 828-7068 c. , Project name (if any) Bluewater Cove Subdivision NOME. Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret rR U 7 20L b. City, town, community or landmark Peletier Community C. Street address or, secondary road number SR 1106 AVPLICATIQN?.?? (To be oumpleted by all applicants) d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) white Oak River 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. Maintenance dredging of a channel and canals, boat docks and boat ramp as part of residential sub ivision. b. Is the proposed activity maintenance of an existing project, new work, or both? Channel Maintenance New Docks c. Will the project be for public, private or commercial use? -- Private 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. HydrPul i r dradga for channel maintenance. Wood construction for docks. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 38.47 Acres b. Size of individual lot(s) Average 15,000 SF c. Approximate elevation of tract above MHW or NWL 2 to 28 feet MSL. d. Soil type(s) and texture(s) of tract Sandy Loam/Silt Loam e. Vegetation on tract Pine/Mixed Hardwoods f. Man-made features now on tract Subdivision road, boat ramp, canal and channel g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? R-15 M i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j.. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ?_ No 1. Are there wetlands on the site? X Yes No Coastal (marsh) Other If yes, has a delineation been conducted? Yes (Attach docunwntation, if available) m. Describe existing wastewater treatment facilities. On site septic systems for residential lots 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.) Stormwater run-off is handled through ow- ensity s, o. Describe existing drinking water supply source. County Water Service 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 11" 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 Revised 03/95 F©rM DC M-MP-1 R ! 2 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION • 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 it copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Crystal Coast-Amphitheater, Inc. Address Box , Swansboro, NC 28584 Phone Name Mr..Tony Kelly Address 346 e Road, Kinston, 504 Phone TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained 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. I certify that .I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. Name Herbert Page etal Guthrie I further certify that the information provided in this Address 114 Hunting Bay, Swansboro, NC 28584application is truthful to.the best of my knowledge. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. _ NCDwn swa 9An 4?n 19/AQ NCDLQ, 990608CA 6/99 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. This is the Z 2 day of ?? , 19 4'1 Print Name Lawrence R. Zucchino Signature CG Lando~ of A rized Agest bO ?y Please indicate attachments pertaining to your proposed project. x DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts A 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. Revised 03/95 NOTE: Please sign and dare each attachment in the space provided at the bottom of each form. r { Form IDCM MP-2 EXCAVATION AND FILL Ocept bridges and culverts) 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Flag Exi#t;r .,.Pro Ject Length -Width E" Depth Access channel (MLW) or (NWL) 1946LF 30' -0.7ML -4.0' Canal A 1365 LF 50' 1.6 ML -4.0' Canal B 460 LF 30' 1.6 ML -4.0 Boat . basin N/A Boat I 75' I 25' J-1.6MLWI-3.2 Rock groin- N/A Rock I N/A breakwater Other N/A (Excluding - r-. ? i shoreline 7' 1??J ? J.a.?•.,?: )? •. stabilization) yy 4 i 1. EXCAVATION a. Amount of material to.be excavated from below MHW or NWL in cubic yards 11.197 - Cy b. Type of material to be excavated silt, Sand c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. Highground excavation in cubic yards None on_ 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of dis??ppggal area 0n,.. site. Res id ent is 3 residential lot.30, 1, an b. Dimensions of disposal area 300' x 100' c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner.. d. Will a disposal area be available for future maintenance? Yes X No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the'disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes _hNo-.. f. Does the disposal includeany area in the water? Yes X No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization None Proposed Bulkhead Riprap b. Length 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 inforn+otion) 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 fill material i. Source of fill material 4. OTHER FILL AC r= (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes; (1) Amount of material to be placed in the watbr (2) Dimensions of fill area :.. (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes Y No it yes, (1) Dimensions of fill area (2) Purpose of fill 5 ?ENERAI. a. How will excavated or fill material be kept on site and erosion controlled? Spoil retention basin b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge. Tandem Haul - trucks c. Will wetlands be cr:,ssed in transporting equipment to project site? Yes X No If' yes, explain steps that will be taken to lessen ?±einviteital impacts: Bluewater Cove Subdivision Ap t or rrojed Name G? rz if r7 fV 4&44 ZZ i I?ti? Date r Reybed 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT LL, J (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 68 residential lots currently developed b. Number of lots or parcels 68 j. Have the facilities described c. Density (give the number of residential units and the received state or local approval? units per acre) 68 1.77 DU/AC (Attach appropriate documentation) h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted 4 / 12 / 99 i. Describe proposed method of sewage disposal. Individual septic systems on developed lots. in Item i. above Yes k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. 4.3 Acres sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). No direct sotrmwater discharges 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? X Yes No If yes, date submitted 4/12 99 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Existing community water system in. Will water be impounded? Yes X No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Proposed marl on service drive and concrete ramp 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. Maximum 30% or 25,000 SF Revised 03/95 n. If the project is a oceanfront development, when was the lot(s) platted and recorded? No Bluewater Cove Subdivision App cant or Project Name lk(.,c. Signature Date • . Form DCM-MP-4 STRUCTIJIRES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Moo ring buoys N/A Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial -Community Private other sections of the Joint Application which relate to (2) _ Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) Commercial -Community X Private (2) Number 1 (3) Length 850' (4) Width of water body (4) Width - 6' (5) Distance buoy(s) to be placed beyond (5) Finger Piers X Yes No shoreline (i) Number 5 (ii) Length va, i P,;z Aug in, f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width J3' (6) Platform(s) Yes X N (1) _ Commercial -Community X Private o (2) Number 32 (i) Number (3) Length 8' above MLW (ii) Length (4) Width 12 Wood : pilings (iii) Width (7) Number of slips proposed 2 g. Other (Give complete description). (8) Proximity of structure to adjacent riparian 2 navigational channel marker pilings property lines yar; Pc - m;ri;m„m 25 (9) Width of water body U-qr AQ 6n' to 80 (10) Water depth at waterward end of pier at MLW or NWL Average 1.6 Feet MLW b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length Blu ewater Cove Subdivision (3) Width App t or Project Name n r T2 c Groin (e wo d h t il N/A . .g. o , s ee p e, etc.) (1) Number signature ti? .(2) Length(s) d Date 2. 00 kvizd ? ?f . Breakwater (e.g. wood, sheetpile, etc.) N/A . (1) Length (2) Average 'distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands '. Revised 03195 Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than IQ 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. g. Typical boat length 16' - 20 h. Maximum boat length 21 Foot L Are any floating structures planned? No . If so, describe 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public X Residential b. Will the marina be open to the general public? Yes X No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? 68 Currently developed d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies x- Dockage ("wet slips") only Number of slips 2 n_ Dry storage Number of boats 1 Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) Maintenance dredging 2. AL41UNA OPERATIONS a. Check each of the following sanitary. facilities that will be included in the proposed project. Office toilets N/A Toilets for patrons Number Location Showers Boat holding tank pumpout Type and location b. Describe treatment type and disposal location for al! sanitary wastewater. No heads c. Describe the disposal of solid waste, fish offal and trash disposal. Waste rare, a r l a boat ramp d. How will overboard discharge of sewage from boats Canal. be controlled? No heads f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). Small boats less than 21' in e. length; no on-board heads or enclosed cabins Give the location and number of "No Sewage Discharge" signs proposed. one at ramp Revised 0,% 1~orm DCM-MP-6 v f :PR f. 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 ? N/A h. Give the number of channel markers and "No Wake" signs proposed. 2 Assk L Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. N/A j. Describe design measures that promote boat basin .flushing or circulation and that reduce water quality impacts, Maintenance dredging will increase tidal exchange. No heads on boats k. What will be the marina policy on overnight and live-board dockage? No overnight dockage or live a boards will be allowed. 1. Is the proposed marina located near any shellfish leases? Yes X No If yes, give the name and address of the leaseholder. No o. Is the marina proposed.. within a primary secondary nursery area? Yes X No p. Is the marina proposed within an area open shellfish harvesting? X Yes No q. Give the location and number of "Pump( Available" signs proposed. N/A Bluewater Cove Subdivision Ap t or .M Nam Lk(- 3 2 ? Date m. If this project is an expansion of an existing marina, what types of sezvices are currently provided? No n. How many slips are now available? 0 Revised 0319S REPLY TO ATTENTION OF: Regulatory Division Action ID No. 200001443 Bluewater Associates DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 July 27, 2000 Post Office Box 4340 Emerald Isle, North Carolina 28594-4340 Dear Sir: On August 5, 1996, we renewed general pernnt No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received July 5, 2000, for Department of the Army authorization to construct a 29-slip residential marina and boatramp and perform maintenance excavation of the access channel and two associated canals adjacent to White Oak River in Hancock, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Although we will begin processing of your application, we cannot finalize the permit until adequate plans are provided. Your plans including a geographical location map, a plan (overhead) view and an elevation (side) view must be submitted on no larger than 11 inch by 17 inch white paper. Please furnish these plans by August 4, 2000. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. OWy after receiving such confirmation should you begin work. n ?=_= t Your application, pursuant to Section 10 of the River and Harbors Act, has been assigned Action ID No. 200001443. It will be coordinated by the undersigned, available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, N6 h Carolina 27699-1638 ,W.. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U. S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. M. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557 Paton/Zucchino & Associates, P.A. 200 North West Street Raleigh, North Carolina 27603 • A • ?c UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, S.W. Atlanta, Georgia 30303 - 8960 JUL'26 tO Colonel James W. DeLony District Engineer ATTN: Mr. Jeff Richter U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 SUBJ: Bluewater Associates Action I.D. No. 200001443 Dear Colonel DeLony: rXD-'bC7Z This is in response to the above referenced State Field Investigation Report, dated July 7, 2000, for the proposed construction of a 29-slip manna and boat ramp, including maintenance dredging of an access channel and two canals, adjacent to the White Oak River, in Peletier, Carteret County, North Carolina. No mitigation is proposed. The U.S. Environmental Protection Agency, Region 4, Wetlands Section (EPA), has reviewed this proposal and sees no evidence that there was any attempt to avoid or minimize the impact generated by the project. Prior to a discharge of fill material into waters of the United States, the 404(b)(1) Guidelines of the Clean Water Act require a sequential evaluation and reduction in impact. By Memorandum of Agreement (MOA) between the U.S. Army Corps of Engineers (Corps) and EPA dated February 6, 1990, this sequencing may be circumvented when the Corps and EPA agree that the proposed discharge is either necessary to avoid environmental harm, or can be reasonably expected to result in environmental gain or insignificant environmental loss. At this point in time, we have not agreed that this project meets these requirements. It appears that there may be other marina designs which will not cause such a significant impact to waters of the U.S. It is the opinion of EPA that this project, as proposed, may result in substantial and unacceptable impacts to aquatic resources of national importance. This design does not avoid, minimize or compensate for the proposed impacts, and therefore appears contrary to the 404(b)(1) Guidelines of the Clean Water Act (Guidelines). The water classification in the project area is SA, and the project area is open to shellfish harvesting. The State Field Investigation Report indicates that the construction of the marina would trigger a shellfish closure. The report also states that shellfish and submerged aquatic vegetation (SAV) in the footprint of the dredging activity would be directly impacted. EPA betieves that this project may cause significant direct and secondary impacts to water quality and 2 shellfish beds. EPA is concerned about the cumulative impacts of docks and other hardened structures along waterways, especially those classified as shellfish growing waters. The closure of the shellfish waters would represent a failure to fully meet the use classification of the waterbody, and may lead to the eventual reclassification of the waterbody, contrary to the antidegradation provisions of the Clean Water Act. Because EPA does not believe that this project has complied with the 404(b)(1) Guidelines, and because of potential direct and secondary impacts to waters of the U.S., we request that authorization for this project be denied. Thank you for the opportunity to comment on this project. If you have any questions regarding these comments, please contact Kathy Matthews at the above address or by telephone at (404) 562-9373. Sincerely, William L. Cox, Chief Wetlands Section cc: USFWS, Raleigh NCDENR, Raleigh ? NCDCM, Morehead City NMFS, Pivers Island r REPLY TO ATTENTION OF: Regulatory Division Action ID No. 200001443 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 November 15, 2000 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-163 8 Dear Mr. Huggett: C 0b2 7g 'J 4 J, NOV 2 0 2000 i Reference the application of Bluewater Associates for a Department of the Army permit to construct a 29-slip residential marina, replace an existing boat ramp, construct piers, and perform maintenance excavation of the access channel and two associated canals adjacent to White Oak River in Hancock, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In addition, the permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention: Sharon Tear N CS261 1315 E West HWY RM 7316 Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. 3. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 4. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5. Excavation will not exceed -4 feet below the elevation of mean low water (MLW). 6. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the MLW elevation contour to prevent gully erosion and siltation. 7. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 8. No excavated or fill materials will be placed at any time, including temporarily, in any vegetated wetlands or waters. 9. No vegetated wetlands will be excavated. 10. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 11. The applicant will comply with the attached US Coast Guard regulations. 12. In order to avoid periods of high biological activity, no dredging will occur between May 1 and October 1 of any year. 13. In order to reduce the frequency, at which boaters encroach upon and disturb adjacent shallow areas, the access channel shall be clearly marked throughout its length. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Regulatory Project Manager Enclosure Copies Furnished (without encl.): Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dr. Garland B. Pardue, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. M. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza Two 151-B Highway 24 Morehead City, North Carolina 28557