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HomeMy WebLinkAboutSW8030826_COMPLIANCE_20031031STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW f�V�7l��i�i DOC TYPE ❑CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE- YYYYMMDD ,w r RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director October 31, 2003 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Linda Lewis Noel Lutheran Division of Water Quality Doug Huggett Major Permits Processing Coordinator William G, Ross Jr„ Secretary (!Cape M EDGE &FILL Permit Application Review / Lookout Marina, Inc. / dward &Robert Richards Carteret County: A 20.47-acre tract (10.6 upland) adjacent to Eastmouth Bay on the north side of Harker's Island, 401 Bayview Drive. Proposed Project: The applicant proposes to construct a marina to include 50 wet slips, 5.40 dry slips, dockage, basin and canal expansion, travel lift, ship's store, workshop, parking, and 1.25 miles of new channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data are 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. SIGNED DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affiirrnative Aclien Employer — 50%4 Recycled 110% Post Consumer Paper C(,g 030FZ e sell d �1e -J) 141ccle qoo l-- /�2'��. NG Z7Co `(C/S7co! DCM % ❑WO Develcprient Typo l ` {14300 1601 435 700093 1625 8253) (24200 1602 435100095 23-: t ) I. Private• nontornMemial develearneni that does not involve ,;, - ,, 0°e (50) the filling or excavation of any wetlands or open water areas: II. Pudlic er commercial development Itsatdoes not involve the filling or excavalicn of any wetlands or open water areas: III. For de,:e!apment that irrrol.es the filling, and'cr excavalion or u? Ie 1 acre of wetlands and/or open water areas. determine if A. 13, C, or D beicw aaplias: 11[(A). For Private,non•conlmerc:a development. If General water Qua! rr S i G 1004e {5250} 0°S {SO} Ceai ca::cn Mo.3301 (see a::ac ed) can be applied: III{B): Fcr publlp cr Cammerc:al General avatar C'_a!i^; " p 100�e (S;OO) 0°0 (SO) Ce:af aticr. r:o.3301 (see a:.ac� ed) can 6e applied; If General ,, a[er Quali[ j Certiricaticn No. 3301 (see atlacied) =uld be applied, but DCh1 s!a" d2:e,7ined ttrat additional revieH and S,r) 60°'a (5240) 0°a (St60) wri; en D'.,Q concurrence is neeA:d tecause cf concams related to water gvali: j or aGua:ic life: III{D). !f C,ene,-al ti",rater Quaii:� Gerif; alion P1e, 3301 (see all3cied) S:r0 60°6 {5210) 4j'% (5t60) ran nW be applied: I'/_ Fat development that invo:-res ;he tiiGng and/or excavatior. of r:z;: ° 60 a (5265) -0% (5190) than one ac.e of v.etlands anC'or i--en va:erareas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Cape Lookout Marina, Inc./Edward and Robert Richards 2. LOCATION OF PROJECT SITE: This is a 20.47-acre tract (10.6 upland) adjacent to Eastmouth Bay, on the north side of Harker's Island, 401 Bayview Drive, Carteret Co. Photo Index - '00: #604, grids 16 E-1; 15 D-1; 14 D; C 2-13; #605, grids D 15-24; E 14; F 13; G 12; H 11; 10 I-M. `95: #584, #585; '89: #156-6, #156-8; `84: #1213, #1212, `78: #33-203, 204. Rover: #L101612A State Plane Coordinates - X: 2738100-2745000 Y: 348500-353400 3. INVESTIGATION TYPE: CAMA/D&F 4, INVESTIGATIVE PROCEDURE: Site Visits - Many times 2000,2001,2002. Most recently, 6/04/02, 9/20/02, 10/31/02, 11/06/02, 10/16/03. Was Applicant Present - Agent and/or surveyor many times. 5. PROCESSING PROCEDURE: Application Received - cc: 10/28/03 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transit ion/Conservation (B) AEC(s) Involved: ES, EW, PT, CW (C) Water Dependent: Yes/No (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic Planned - Additional septic, storage area, pumpout (F) Type of Structures: Existing - Residence, failing bulkhead, clock Planned - Wet and dry stack marina 7. HABITAT DESCRIPTION: AREA DREDGED FILLET) SHADED (A) Vegetated Wetlands Spartina aIterniflora 2360 sf High marsh - mixed 5135 sf 1600 sf (B) Upland Area 30,749 sf 291,595 si' (C) Shallow Bottom Habitat 323,000 sf Open Water 6380 sf (D) Total Area Disturbed: 14.9 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant's propose to construct a marina to include 50 wet slips, 540 dry slips, dockage, basin and canal expansion, travel lift, ship's store, workshop, parking, and 1.25 miles of new channel. Form DCM-NTF-1 1. APPLICANT �d. I., %. U._j_'"I"N -.,—, C A (Co be completed by all applicants) a. Landowner: Address City tit Strte V� b. City, n, co[I]n unity or landma..rk � t C. Strutt dreS s�secondary road nu be d. is proposed work within city limits or planning jurisdiction? Yes V —Ko e. Name of body of wa.er nearest project (e.g. river, Zip `-t'S Day Rhone Fax b. Authoc-Lad Agent: AddressF�� city state �-- ZDay Pho , Fax c. Project name (if any) NOTE': Permit wAY be isrued in na rse of lj�rft), ar d/Or prv)ecs name. 2. LOCATION OF PROPOSED PROJECT a. County .C. A442r N 3. DESCRI£'TION :k,"D PLAhfi-ED USE OF PROPOSED PROJECT a. List all development activities yo propose e.g. building a home, motel, marina, bulkhe; d, pier, and excavation and/or filh g activities. � �Ia V 6 L b. is the proposer active-, y maintenance of an existing projeci, new work, or both? 1�� KM c. Will the roject be f0i gublic, privat:Or cor"md.cial use? d. Give a briefd�escriptior of purNse, us_, me hods of construction and daily operations of proposed project. If more space is needed, please attach additional pages, Form DCM-NEM 4. LAND AND WATER CH.AKACTERISTICS 0C T 2 8 051 m. Describe existing wastewater treatment facilities. 2 u�r�,�� Dtscribe location a.nd type of discharges to waters © . �' a. Sue of entire tract "`^'� of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down' and resideatia] discharges.)E6tJ Detribe existing drinking dnater su p y source. b. Size of individual lot(s) 1i_ c. Approximate elevation of tract above- 00017 NW L '` d. Soil rype(s and textures) of tract o. e. Vegetation on tract Cf g f. Man-made features now on tract g. What is the CU(A Land Use Plan land elzssifieation of the site? (Coruu!l the total lard we pL=^•) conservation Transitional Developer] _Community Rural Other How is the �r,�ct zoned by local government? Is the proposed project consistent with the applicable zoning? Yes No (AliaCh ;aping c rrpliance certi)icate, if appUcabtej Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes v----`N`o k. Is the project located in a National Registered Historic District or does it involve a National Register listed oeligible property? -r Yes o 1. Are there wetlands on the site? Yes No Coastal (marsh)1-3 gc Other if yes, has a delineation been conducted? (r4a. Ch donu%rntahon, if available) 5. ADDITIONAL TN-FORNIATIOti In addition to the completed application fom, the following items trust be submitted: a 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 cart' 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 II' white paper. (Refer to Coastal Resources Co=ission Rule 71.0203 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 providers 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 Lad it to=1st be sufficiently detailed to guide agency persoanel unfamiliar with the area to the Form DCN1-hfP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy or 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 ceniifies that such notice has been provided. Name -V�l S Address S01 S Phone t7 Name Address ' Phone " �l �101 Name Address,, L r--M'R S Phone 6. CERTIFICATION AND PERsMIISSION TO EN UER 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 i-i 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 proj ect. I further certify that the information provided in this application is truthful to the best of my knowledge. ..• A list of previous stale or federal permits issued for This is thO-� day ofcLo:�, Wfo.95 work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Signature � 1 A Ca��a'g o InndaKnr or �W r.�cd cru • A check for made payable to the Department of5 Please indicate attachunents pertaining to your proposed Environment, Health, and Natural Resources project' (DEHNR) to cover the costs of processing the _1Z"DCM MP-2 Excavation and Fill Information application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) if the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. _YCM MP-3 bCM Upland Development MP-4 Structures Information DCM MP-5 Bridges and Culverts __�ZDCM MP-6 Marina Development NOTE: Please sign and date each atrachment in the space provided ar the bottom of each form. Revised 03195 Form DOt-NIP-2 E`;�AVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for LAMA Major Pe-mit, Form DChi-hfP-l. 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 F-Ua] E r� bag Project Lea th "-idth Uepch De0th Access Can�l � Bort basin Boat ramp Pock groin Rock breakwater Ot.h r SL!bi?'=.:ion) 1. EXCAVATION a• A.Fn nt of material to be excavated from below QMH or NWL in cubic yardsCA , eu b. Type of material to be excavated►,�� I c. Does the az o be excavated include coa_;t wz:iand5 ( sh submerged aquatic vegeta (SAYS) or 0 er wtaas? `��es No d. High round excavatio in cubic yazds _ Z. DISPOSA.L OF EXCAVATED INLATERLA-, a. Location of disposal are-i OJ �- b. Dimensions of diso sal area c. Do you claim title to disposal area? ✓Yes No If no, attach a le per granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes ho Form DCM-NIP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes ✓h`o f. Does the disposal include any area in tlhe water? Yes �o 3. SHORELENT ST.ABELIZAnOL a. TYpe o horeline stabilization Bulkhead Riprap b. Length a S i A--:,:" c. Ave,-ac,h di�-ranee uate:ward of 1`iNW or Ir71YL . d. Ila-rimum distance water -ward of ,tiiHW or h-1;VL e. Shoreline erosion during preceding 12 months (Suur_e of imforrr�.^.'on) 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 Uh— 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. `rti'ill flit material be brought to site? 1f yes, (1) Amount of material to be pla=e�d in cnz, water (2) Dimensions of fill area (3) Nrg05e of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? �.es ✓' No If yeas, (1) Dimensions of fill area (2) Purpose of fill 5. GENT R.AL a. How will excavated or fill materia.' be kept on site an,d erosion controlled? ' beraAA,` b. What type of cons -,ruction equipmwnt will be used (for example, dra6ne, backhoe, or hydraulic lltA it dred;e)? )LAZ c. Will wetlands be crDssed in traMportinQ equips-ent to project site? �.es L, If yes, explain steps that will be taken to lessen eriviron-Mental impacts. Appka'i)lr PLmjcc; Na_— D-ac,� Form DCM-itiLP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) ZI)� Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MI'-I. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? Yes No a. Type and number of buildings, facilities, units or If yes, date s��ii t Z) 3 structures proposedtZZ11:1:6k_6 des., �i. Describe proposed method of sewage disposal. b. Number of lots or parcels 01JC;:— ( o o0 S? 9_2) j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? units per acre) C��Q�*5hK=f _, (A=ch appropriate doc-Jnen=tion) 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. _ Ps[ sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). e. If the -proposed project will disturb more than one � L� 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. 1. Describe proposed drinking w supply source If applicable, has a sedimentation and erosion e.g. well, commmu_nity, pu tc- , etc. control plan been submitted to the Division of Lana Resources? Yes No If yes, date submitted m. Will water be impounded? Yes .__,)6z�.o If yes, how many acres? f. List the_ materials (such as marl, paver stone, asphalt, or concrete) o be used for paved surfaces. n. If the project is a oceanfront deveiopmen , whza was the lot(s) platted and recorded? g. Give-- e percentage of the tract within 75 feet of . 9 N r 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. 3, 5 `/o Date Revised 03195 Form DC=tit-NW—i (Construction within Public Trust Areas) Attach tl:is form to Joint Application for CAIMA Major e. Permit, Form DCM-hiP-1. Be sure to complete all other seaions of the Joint Application which relate to this proposed project. a(. Doc' ,$) ari r Pier(s) j t/ Commercial Community : P ivate (W) Number (-) Le_ r.-.n 01101 (µ) Width S, f n oL &10 7' CO Lao (3) Finger Piers _yC Y_s No (i) Number — 66 - (ii) Length --ay Ayr, _ f. (iii) Width ' v (6) Plan-Orin(s) - - Yes 'o (i) Number (I i) Lena-h (Ij j Width () Nu,nbar of slips proposed a (8) Proximity of s«Lc to adjacent riparian prooeriy lines GEES--n= 1S (9) Width of water bod: It rJ ( t-Ta. (10) Vi-a depth at wa_e:.�ard �d o er at �� or NWL b. Boa -"house (including cover::d liras) (1) Co=er_.y! Private (2) L-z-1gua (3) w iduh c. Groin (e.g, wood, sheetci:--, etc.) (1) Number (2) Len27h(s) d. (e.g. wood, sh2e: ile, etc.) (2) Ave:aze distance ;Mm MHW, NWL or vv�,Iands (a) ,4aximurn distance bt and MIHW, NFI L or wetlands 21t?3 Mooring buovs (1) Commercial ,Corarnuniry ^ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, e,_.) (4) Wid-n of water body (5) Dlstr=ce buoy(s) to be placed be,rond shoreline Mooring sznuc:ure (boadi—It, or�np �nqs e:c.) (1) _kf�—Comanercial Co = unit' F,iva:e (2) Number (3) Le-ig-di h,�} (�) Width ►�A.- - OtIlZI Date Form DCN1-NfP-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 Check below the type of marina proposed. Con•Emerci'al Public Residential b. Will. the marina be open to the general public? 1 es No c. if there is residential development associated with the marina, how many units or lots are planned and bow_ many are currently developed? d.- Check all of the t- ?es of services to be provided. v�— Full service, including travel lift and/or rail �GDockage, fuel, and marine supplies - ---/�ockage ('wet slips") only Number of slips _ f�2 ✓- Dry storage Number of boats 'SRO Boat ramp(s) Other (describe) e. Check be qw the proposed type of siting. t/"Land cut and access channel en water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed j piv ©c t l g. Typical boat length 7"0 r h. Maximum boat length i. Are any floating structures planned? If so, describe 2. MARINA OPERATIONS a. Check each of the following sanitary. facilities that will be included in the proposed project. Office toilets �G Toilets for patrons Number 10 Location 4-' U @ z ✓ Showers-�,��.3LC,- I Boat holding : pumpout Type and location '- r Gt2 ' •J b. Describe treatment twe and disposal location for an tart' wastewater. � "[ !PLUE LQ E c. Describe the du�°sal of solid w e, fish offal and trash d' pawl . L-0= +Q� d. How will overboard discharge of sewage from boats be controlled? C1 Of e. Give the location and nutn er of 'No Sewage Discharge' signs proposed. Re rind 03l95 Form DCM-114-P-6 f, Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandb ting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of �L£-Sbb(— h. Give the number of channel markers and 'No Wake" signs proposed. h�a �-�AK��►`�s i. Give the location of fuel -handling facilities, and describe the safeq measures planned to protect area water quality. IA CW-- ��) e� C M) j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts.0 t, k. What will be the marina policy on overnight and I live -board dockage?U— 1. Is the proposed marina located car any shellfish leases? Yes If yes, give the name and address of the leaseholder. M. If this project is an expansion of an existing marina, w�1at types of servi are currently provid ? n. How many slips are now available? o. Is the marina proposed within a primary c secondary nursery area? __ Yes p. Is the marina proposed within an area open t-- shellfish harvesting? � No q. Give the location and riumbet of "1?umpou, Available' signs proposed ante s Revised 61" r!� Cape Lookout Marina, Inc. 1136 Manor View Court Lynchburg, VA 24503 Mr. A_ Ray Huffman 7923 Mill Grove Road Indian Trail, N.C. 28079 September 18, 2002 Dear Ray : As previously discussed, this letter provides notice to you of my proposal to construct a marina and dry stack facility at 401 Bayview Drive, Harker's Island in Carteret County. The project, Cape Lookout Marina is subject to review for a LAMA Major Development Permit. A copy of the application, project narrative and plat is enclosed for your information. As an adjacent riparian property owner, I atn requesting that you provide me with continents on this proposed work or indicate that you have no objections. Please respond as provided below and return a copy of this letter to rne. Thank you, and please let me know if you have any questions. My day time telephone number is 434-385- 2331. Sincerely, 624? Cape Lookout Marina, Inc. By: Edward F. Richards, CPA I have no objections to the proposed work. See my comme attached. E 0 � Signature DzDatc Mr. Eugene Twanti 5501 Surrey DLJwns Court Wilniimnon- N.C. 25401 I-lonie: + 1 910-791-92 ;G Dear Gene : Cape Lookout Marina, Inc. 1136 Manor View Court Lynchburg, VA 24503 September 19, 2002 As previously discussed, this later provides notice: io you or my proposal to Construct a marina and dry stack facility at 401 Bayview Drive, Harker's Island in Carlet'Ct County. The project, Cape Lookout Marini+ is subject to review for a CANT A Nlajor Development Permit. A copy of the application, project narrative and Plat is enclosed for yciur information. As an adjacent riparian property owner, I am requesting that you provide me with Comments oil this proposed work or indicate that you have no objections. PleasC resp011d as provided below and return a copy or this letter to me_ 2331. "Thank yuti, and please let me know il' you 11,1Vc airy qucstioas. NIV day titllC tcicphonc nutalller is 434.385- Sincerely, 4 Cape Lookout Marina, Inc. By: l dward F. Riclmrds, CPA I have no objections to the proposed work. V sec Illy conln1cills altachetl. . U. �� _� 5i�nnture l�1 Z'7 oi� Date f September 27, 2002 N. C. Department of Environmental and Natural Resources N. C. Coastal Management Division 151 B Highway 24 Hestron Plaza 11 Morehead City, N. C. 28557 Attention: Ms Tere Barrett Subject: Cape Lookout Marina, Inc. Project 401 Bayview Drive Harker's Island, N. C. We have received a request from Cape Lookout Marina Inc. by Edward F. Richards, to comment about his project. We are adjacent property owners. We object to the proposal due to the impact the project will have on our property and the environment. Our property value will be greatly reduced due to the large size of both the wet marina and dry stack facility. Negative environmental issues of great concern are noise, storm water, boat pollution, dredging, trash, fighting, septic tank problems and the destruction of wetlands. The costs to the environment will be great, as this project will obviously have a negative impact on shellfish, fish and other water resources. Again, we are totally opposed to the project based on the negative impact on the surrounding environment and our property. Sincerely, 4 U 6, �� /J, �'V&X � Claudia B. Evans freneO. Evans Jr. Field Investigation Report Cape Lookout Marina, Inc./E[Iward and Robert Richards Page 2 9. NARRATIVE DESCRIPTION: The property is a 20.47-acre tract of land located on the north side of Harker's Island, at 401 Bayview Drive. The site consists of 10.6 acres of upland adjacent to Eastmouth Bay, and 9.9 acres of wetlands and canal system within the bay. The north side of Harker's Island is riddled with mosquito ditching, and this property is no exception. There are 4 unimproved mosquito ditches on the north east side of the property, and the main ditch to the west that was improved to create a boat basin and canal prior to the onset of the CAMA in 1978. Several canals in this same area were likewise expanded during the years preceding the CAMA. The property line to the west is located in the center of a less improved ditch. The north side of the tract is primarily vegetated with Spartina alterniflora along the ditches, for a width of approximately 800'. Peninsulas created from the spoil of the original canal excavation line both sides of the canal. A narrow fringe of Section 404 Wetlands lines the peninsulas and ° the south side of the mosquito ditches. Landward of this fringe, there are areas of high coastal " marsh that do not contain soils ss. sufficient to be designated as k Section 404 wetlands, and yet do interact with the waters of the bay. The remainder of the property is upland, cleared, and previously A t' disturbed. The upland portion of the tract averages +5' msl, and is vegetated with common grasses. As stated above, the basin, r"' ► " canal, and residence were developed prior to 1978. The 1978 1' aerial photograph shows 15 trailers located on the peninsula area _ around the basin. According to the records, the basin and canal were dug in anticipation of a federa 1 project to be located within Eastmouth Bay. This project never came about. By the 1984 photography, most of the trailers were no longer present. The 1989 photography shows the evolution of the site to a boat construction facility, and in fact there is a vessel under construction shown on the photo. The 1995 photography shows this operation IF,1 continuing, and what appears to be the same vessel under construction. By the 2000�,�„ photograph, and continuing to the present, the commercial ventures are abandoned, and the single residence and relic concrete pads from the previous businesses are all that remain. Y Field Investigation Report Cape Lookout Marina, Inc./Edward and Robert Richards Page 3 During the years, previous property owners have engaged the review agencies in various requests. In the mid 19801s, then owner Mr. Theodore Lang, DBA NML Shipbuilders, Inc., received 2 Notices of Violation (#87-01 and #86-64) from this division. The former was for unauthorized excavation, and the latter was for tin authorized wetland fill. An application was submitted and circulated to the agencies during this time period requesting the construction of a new boat manufacturing facility, to include excavation and fill of wetlands, facility buildings, and bulkheading. After receiving negative agency comments, the application was retired on August 25, 1988. Also during the mid 19801s, there were several General Permits issued to Mr. Lang for maintenance excavation of the canal and basin a boat ramp,bulkhead ?�t subdivision, and pipeline of sorts. There is no indication on file as to which of these permits were utilized. •+•b.�.,,,...Currently, there is a residence with a septic tank, boat basin and canal with failing bulkhead, and a recently constructed small, private dock. The request on the table currently has `= undergone review during the SEPA process via Environmental ;,W. Impact Statement. The Record of Decision was issued on August 22, 2002, and since that time the applicant has finalized the CAMA Permit Application. The proposal is for the construction of a marina, comprised of 50 wet slips, 540 dry stack, with a boardwalk around the perimeter of the basin, and floating and fixed dockage within the basin. Boats 25' to 40' in length are intended to use the facility. The basin is proposed for expansion into the high ground and high marsh, as is the canal. Additionally, excavation of a new, 7100' channel is proposed, leading from the canal through Eastmouth Bay, to the deeper waters located within Back Sound. Eastmouth Bay is not designated as a Primary Nursery Area. The waters are open to the taking of shellfish, with a documented historic use, according to the NC DMF. Approximately 1/2 mile to the west of the project site within the eastern portion of Westmouth Bay, there is a sizeable shellfish garden, operated by Carolina Atlantic Seafood Company. The bay has a considerable population of Zostera marina. The waters carry a stormwater classification of SA. The Carteret County Land Use Plan has classified the area as Limited Transition, with all AEC's being classified as Conservation. The width of the bay is approximately 900' across at the mouth of the canal, increasing as L. one heads east. The submitted plats show a section of wetlands on the peninsula to the Nvest labeled as "marginal coastal wetlands." These areas are in transition, and while presently being supported mostly by stormwater ponding, they are Field Investigation Report Cape Lookout Marina, Inc.lEdward and Robert Richards Page 4 increasingly flooded by the ca nal to the west. The wetlands are not sufficiently active to be considered jurisdictional under the CAMA presently. They are noted on the plat at the request of the Division because of the long-term nature of major permits. On .Tune 04, 2002, two representatives of the Division of Coastal Management performed informal sampling of Eastmouth Bay in the vicinity of the proposed access channel. The results are as follows: The near shore enviroruneill immediately east of the mouth ofthe channel consists of peat and ,and with a dense root mat and rhizomes. Juvenile flounder were seen. Leaving the shore, the root mat was less dense and the substrate had 4" to 6" of silt over sand. Slightly further, from approximately 40' offshore to 130' offshore at this s amc location the substrate became progressively more organic, with thicker lavers of fines. Marsh roof ruat. SAV rhizomes, sea squirts, parchment tube worms, and oyster hash were common. Relocating to 100' cast of` the channel and moving in 10' segments oft' shore, the near shore area was sand and shell, and beginning at approximately 2W offshore, the substrate was siltier with peat, mussels, SAV rhizomes, parchment tube worms. At about 60' offshore, there were live oysters. At about 105' offshore, t here was indication of a kicked channel area, ►with 1' of silt over a vegetative root mat. This deepened until approximately 120', and shallowed to 1.30' where it was clearly the opposite bank of the kicked area. At approximately 145' -� —A submerged grass beds. from shore, there, were Moving to the second green marker in Eastmouth Bay, there were SAV's within a 50' radius of the marker. This vegetation was lush, approximately 2' in length. At this point, the water depth was approximately -2' at. normal low water. The substrate was firm bill silty. 1'liere were numerous crab pots within Eastmouth Bay. Many boats passed during the field investigation, despite the fact that the visit started 2 hours before low tide, and continue.(] almost until low tide. Extremc turbidity was caused by each passing vessel sufficient to block all visibility. Approximately 1000' froru the mouth of the canal, all evidence of kicking terminated. On October 16, 2003, a field inspection was made to confirm changes made to the application and plats. This visit was made at 8:00 AM, which was during the low tide phase at the site. Several 17' and 19' skiffs passed from Westniouth Ray through Lastinouth Bay heading to Back Sound. Field Investigation Report Cape Lookout Marina, Inc.IEdward and Robert Richards Page 5 Aerial photography through the years confirms the continued and dynamic presence of submerged vegetation within Eastmouth Bay. The aerials also reveal the fine composition of the sediments, i.e., the 1995 photo shows a very t urbid stream from the passing of a boat. In July of 2001, the applicant had benthic samples taken 10' and 30' north and south of the proposed channel centerline. A total of 128 sites were sampled. lostera marina was found at 5% of the sites, 3% within the proposed channel. The results are attached. The applicant took dissolved oxygen levels as part of the SEPA process, which revealed 4.33 to 5.96 mg/l within the canal during a 2 week time period between August 30 and Sept 15 (enclosed). The specific proposal for this project is as follows: In the general vicinity of the existing concrete pads, the applicant proposes to construct two dry stack boat storage buildings, one to house 240 boats and the other to house 300 boats. There will be a workshop for minor maintenance and repairs, a ship store, 6 restrooms, showers, offices, fuel service, and a wastewater pumpout. Another 4 restrooms will be provided within a building located on the peninsula to the west of the basin. The fuel dispenser, holding tank, and pumpout are shown adjacent to the bulkhead in the southeast corner of the basin. Asphalt parking is proposed adjacent to Island Road and along the peninsula to the west. A total of 140 spaces are provided. The proposal is to enlarge the existing septic system and pump across the street to another septic field. This plan has received Carteret County Health Department approval. Approximately 2375 gallons per day of potable water will be required for the marina operation. This will be obtained from the local municipal system. The existing, failing bulkhead is to be removed. The existing basin, 150' x 105', will be enlarged to 285' x 172'. The existing 860' x 75' canal will be widened on both sides for the end result of a canal 118' in width. The basin and canal will be stabilized with a new vinyl or concrete bulkhead, totaling approximately 2700' in length. A "drop zone" with travel lift to launch the boats from the dry stack facility is to be located on the east side of the basin. This area will be approximately 260' x 60' on average, and will abut the bulkhead. Besides the "drop zones" located within the basin, there are floating docks for offloading and temporary mooring. The 7' wide floats total 120' in length, and the 6' wide float s total 590' in length. There are 25 fixed finger docks proposed in the basin and canal, averaging 4' x 201, with 75 associated mooring pilings. Within the basin, 13 slips are proposed, and within the canal 37 slips. The slips will accommodate boats fro m 25' to 40' in size. There are 6 walkways proposed from the parking lot to the marina, averaging 45' to 50' long, and 6' in width. A drip -thru boardwalk is proposed for a length of 1567' around the perimeter of the basin, with .a width of 6'. Overnight dockage will be allowed within the basin and canal with a lease requiring a locked head. Hydraulic dredging of the basin and canal are requested from the existing depth of -3.4' to -4' nlw to a finished depth of -5' nlw. This area will be excavated wi th a box cut design for equal bottom and top cut widths. A spoil area will be constructed in the area of the proposed Field Investigation Report Cape Lookout Marina, Inc.lEdward and Robert Richards Page 6 dry stack buildings, with approximate dimensions of 350' x 310', with 7.5' of freeboard. This facility will have the capacity for approximately 30, 139 cubic yards of material. A smaller spoil area for future maintenance is proposed on the peninsula to the west of the basin. This area will be approxi mately 310' x 60' with 7.5' of freeboard, and will accommodate approximately 5167 cubic yards of material. From the mouth of the existing canal for a distance of approximately 150', there is an unauthorized, informally excavated channel. Extending for another 1000' ± there is a less defined area that shows evidence of prop wash. Aerial photography and field inspections indicate this feature to average 9' to 15' in width. Current soundings show approximately -2' at nlw. The applicant is proposing to excavate a new channel from the mouth of the canal for a distance eastward of 7100'. This feature is intended to connect to the existing -5' bottom contour within Back Sound. The application states that current soundings within this area average from -2.4' nlw to -3.9' nlw. The request is for a consistent bottom depth of -5' nlw. The requested top width of the new channel is 40' for the entirety of the distance, with bottom widths ranging from 19' -33'. Approximately 21,700 cubic yards of material will be removed to accomplish this, with the anticipation of another 3900 cubic yards every 5 years. This material will be removed hydraulically and deposited into the large spoil area initially, using the maintenance area after the initial dig. It is anticipated that this spoil will be removed from the site after drying. Twenty-six channel markers and 4 no -wake signs are proposed along the 7100' channel. The NC Division of Water Quality has approved a Stormwater Management Plan for this proposed development. No Sedimentation/Erosion Control Plan has yet been submitted to the Division of Land Resources. 10. ANTICIPATED IMPACTS: The upland portion of this marina facility will require the grading and filling of 7.4 acres, with a finished impervious area totaling <29% within 75' of Eastmouth Bay, and 25% overall. Approximately 5135 sf of high marsh will be excavated by the widening of the canal, which will also require the conversion of approximately 30, 749 sf of high ground to an open water system. Approximately 2360 sf of low marsh will be excavated for the basin expansion. This marsh is landward of the existing bulkhead that is functioning as a breakwater. The remainder of the proposal will cause the filling of approximately 1600 sf of high marsh. The area shown as marginal wetlands will be filled, but is not presently considered to be interacting with the estuarine system. The canal, basin, and new channel will require the disturbance of approximately 323,000 sf of shallow bottom habitat within the system, 39,000 sf of which is maintenance excavation within the existing canal and basin. The docking system will shade approximately 6380 sf of newly created open water system. The 7100' of new excavation through Eastmouth Bay is clearly proposed within SAV ha bitat, although it is possible that the activity may bypass the actual vegetation at the time of dredging. While the Field Investigation Report Cape Lookout Marina, Inc.lEdward and Robert Richards Page 7 proposed channel is located within active shellfish waters, the actual channel cut may not disturb the resource. Turbidity will be an issue during excavation, as the bay substrate is very fine and lends itself to re -suspension easily. Turbidity may also be a continuing issue as impatient boaters on bu sy weekends utilize the shallower areas outside of the channel during sufficient and semi -sufficient tides. This use could cause the ongoing re -suspension of fines into the water column with the associated changes to temperature, sunlight penetration, oxygen availability, etc. The project itself has the possibility to greatly increase the boating use of Eastmouth Bay, with the addition of 590 boats. This impact extends to Cape Lookout, the selling destination of the project, with the addition of several hundred weekend visitors. Parking may be a problem, as the County requirements are .6 spaces for each wet or dry slip, and 1 slip per employee. This formula would indicate the need for 354 slips plus those for employees. The proposal, which maximizes av ailable space, allots 140 spaces. This project is proposed for phasing over an 8 -year period. Tere Barrett Morehead City October31, 2003 CAPE LOOKOUT MARINA Harker's Island, Carteret County PRO.)ECT NARRATIVE September 29, 2003 Summary The proposed development on Harkers Island is an upland wet slip/dry stack marina on a previously developed site on Eastmouth Bay. Previous development of the site included a multiple unit mobile home park with multiple septic tanks. This was later redeveloped as a commercial boat building facility. The 20.47-acre development site consists of 10.6 acres of upland, 2.49 acres of canal and basin, and 7.38 acres of coastal wetlands. The- proposed development includes enlarging the basin and canal; -dredging anew channel, constructing 50 wet slips; and, over an 8 to 10 year period, erecting two dry stack buildings with a 540-boat capacity. The facility will market to boats between 25 and 40 feet in length. An Environmental Assessment was submitted on March 26, 2001 and comments were received from the Division of Coastal Management, Division of Marine Fisheries, Shellfish Sanitation Branch, and Division of Water Quality. DEIS comments were received from these agencies and the Division of Environmental Health, On -site Wastewater Section and were responded to on January 25, 2002 and March 12, 2002. State Clearinghouse review was initiated on April 19, 2002 through publication in the State Bulletin. Comments from the Clearinghouse review were responded to and the Final EIS was submitted to Clearinghouse on June 18, 2002. Clearinghouse review of the FEIS was completed August 2, and the Record of Decision was issued on August 22, 2002. An Essential Fish Habitat Assessment has been completed and will be submitted to th Corps of Engineers. Existing Sit The proposed development on Harkers Island is an upland wet slip/dry stack marina on a previously developed site. Previous development of the site included a multiple unit mobile home park with multiple septic tanks. This was later redeveloped as a commercial boat building facility. The boat works was mostly open with three large concrete pads. Eroded banks on the basin/canal and drainage ditches from road culverts to the east and west direct stormwater to surface waters. Three concrete pads comprising 1.07 acres are present in the southeast portion of the site. Combined with the house and driveway in the same portion of the tract, the existing impervious cover of the 10.6-acre up]and area is 10.1%. All boat building and support facilities (except the concrete pads) have been removed from the site. The site is 20.47 acres in total with 7.38 acres of coastal wetlands, a canal and basin of 2.49 acres of water and 10.6 acres of upland area_ There are an existing residence, two approved septic tank sites, and an existing 75 foot wide, +/- 4 foot deep MLW (-4.6' MSL) upland canal connecting to Eastmouth Bay with a wooden bulkheaded "T" basin measuring 150 x105 feet. (Note: NC Geodedic Survey reports that MLW is - 0.59 feet from MSL at Shell Point.) An existing, unauthorized 150-foot "channel" runs northeast from the mouth of the canal and extends for approximately 1,500 as a "kicked channel" . It is variable in depth along its lengnh from -2.4 to -3 .9 feet MLW (-3.0' to -4.5' MSL) and is subject to shoaling at the mouth of the existing canal. The "channel" and others in Westmouth Bay have existed at least since 1978, as they are visible on DCM's 1978 aerial photograph of the area. Proposed Marina�Qevelopment The preferred alternative is a marina/dry stack and a proposed new channel 40 feet wide, -5 feet MLW (-5.6' MSL), and 7,100 feet long connecting to -5 feet MLW (-5.6' MSL) in Eastmouth Bay. Aviodance, minimization and mitigation measures have been incorporated in the proposed development. ■ Impacts to 404 wetlands have been avoided through site design and 2,595 square feet of fringe coastal wetlands along the existing, upland canal will be lost to dredging. ■ Direct impacts to shellfish beds SAV have been avoided in proposed channel alignment. ■ The "preferred alternative" described in the Draft EIS was modified to reflect agency comments as described in Alternative 7. The "preferred alternative" was further modified based on additional agency comments on the DEIS and incorporated in the FEIS. ■ Impervious surface coverage has been reduced from 32.4% to 25%. ■ The DEIS reduced the number of wet slips from 85 to 75. Based on comments, additional reduction of slips eliminates 25 slips for a proposed total of 50 wet slips. ■ The DEIS moved the slip footprint back from the mouth of the canal and shellfish areas from 60 to 325 feet. In response to comments, the slip footprint has been moved further back for a distance of 360 feet from the canal mouth. ■ Closure of shellfish areas has been avoided through the reduction in number of wet slips to 50 and increasing the distance from the canal mouth of 360 feet. ■ A locked head policy will be enforced and be incorporated into the facility's lease agreement. ■ Notices will be posted and guidelines adopted regarding sea turtle protection and reporting of sightings. ■ A Spill Prevention and Response Plan will be in place at the facility. ■ Existing wooden bulkhead material containing CCA (copper -chrome - arsenate) will be removed and replaced with concrete and/or vinyl. ■ No Wake Zones for Eastmouth Bay and entrance channel will be proposed and a No Wake Policy will be incorporated into the facility's tease agreements. ■ Of the 132 sample sites, only two at the outer limits showed "sparce" Zostera within the alignment. The outer portion of the proposed channel alignment (eastern end of Harker's Island) has been shifted approximately 100 feet to the northeast providing additional buffer to sampled and mapped SA V in the area. IN A Stormwater Management Plan has been approved by the Division of Water Quality (SW8 030826). The project proposes new dredging of the 1,650-foot segment to a consistent depth of -5 feet MLW (- 5.6 MSL) and width of40 feet. This segment will continue eastward as new dredging for a total distance of 7,100 feet, 5 feet deep and 40 feet wide, and the entire length is referred to as the "proposed channel". Dredged widths at the bottom range from 19.4 to 33.1 feet and 4.1 acres of bottom will be disturbed. A turbidity curtain will be used at the mouth of the canal to protect coastal wetlands and shellfish. The canal will be widened an additional 15-20 feet on the west bank to accommodate 37 wet slips and an additional 30 feet on the east bank (no wet slips). The final canal dimensions will be l 18 feet x 860 feet. The basin will also be enlarged to 172 feet x 285 feet and provide 13 wet slips and floating docks for staging, provisioning, fueling and waste pump out. Two, 30-foot wide boat drop zones for dry stack access will be located adjacent to the dry storage facility. The footprint of the basin/canal will be approximately 156,330 sf. The canal and basin will be bulkheaded with concrete and/or vinyl. Of the 21,400 cubic yards of dredged material from the basin and canal, approximately 12,000 cubic yards will be used for building foundations, landscaping and initially for berm construction on the southeast portion of the site to retain material from the channel enlargement. The 19,500 cubic yards from new channel dredging will be hydraulically placed in the upland bermed site (28,221 cubic yard capacity), de -watered and removed by local contractors for residential and commercial landscaping. Based on records of maintenance dredging for the Back Sound to Lookout Bight Channel from the Corps of Engineers, maintenance volumes approach 20% of the original volume on an average of every five years. Though the Navigation Branch has suggested that the percentage and frequency would be lower in Eastmouth Bay, applying the 20% to the proposed new channel volume would indicate a need for disposal of approximately 3,900 cubic yards. An area on the western peninsula has been set aside for future maintenance volumes which has a capacity for 4,532 cubic yards. The diked spoil area would allow for de -watering, and the material would be hauled off -site for landscaping and fill. The proposed Marina will provide dockage for boats in the range of 25 to 40 feet. Dry stack buildings will be constructed to the east of the basin in three phases over an eight to 10 year period. Phase I will provide 50 wet slips, Phase 11 will add 300 dry stack units, and Phase III will add 240 dry stack units. An area will be available for routine boat maintenance, such as washing and engine care, but no major maintenance will be conducted. A ship's store will be adjacent to the dry stack facility providing; offices for the Harbor Master and administrative activities as well as sales of boating and fishing supplies, drinks, groceries and prepackaged foods. Public restroo€rts and shower facilities for dry stack customers will also be located in the ship's store building. Access and parking will be located to the south between the facility and Bayview Drive and to the west. Water supply, estimated at 2,375 gallons per day, will be from the public system on Harkers Island . Domestic wastewater will be treated in an approved on -site septic tank (capacity of 600 gpd, County Health Department Improvement Permit # R 1628, June 22, 1999) and a second approved septic tank (capacity of 1440 gpd; Improvement Permit # A 6613, November 2, 2000) on an adjacent lot to the south, owned by the applicant. Wastewater from the pump out facility from and other flows above the 2,040 gpd capacity will be handled by an approved "Wastewater Storage and Transfer Facility" (estimated to be less than 500 gpd). A locked head policy will be enforced and be incorporated in the slip leasing document. Spill response procedures will be written into a Spill Prevention and Response Plan, and put in place at the Marina. These procedures will include information such as prevention, materials management, a contingency plan, and response procedures including the steps to take to secure leaks or stop migration of spilled oil; contact phone numbers of agencies, contractors, fire department, etc.; and a list of materials available on site for spill control and clean up. The proposed stormwater management system for the preferred alternative will includes a combination of the following items allowed for development with 25% or less built upon area. The design will include a 30-foot wide vegetative buffer from the mean high water line, perpendicular from the shoreline. The stormwater management plan utilazes sheet flow over vegetated areas as conveyance of treated stormwater runoff via 3 sand filters. The plan has been approved by the Division of Water Quality (SW8 030826). ►i 16 / NORTH APPLICANT EDWARD F. RICHARDS AND ROBERT D. RICHARDS, JR. PROJECT CAPE LOOKOUT MARINA, INC TRC 500Q-EWOWAVE. CAPE LOOKOUT MARINA . 27 (919)628-3W HARKER'S ISLAND, NC 150 OVERALL VICINITY MAP CAMA &UWrr►-10/20/03 EXF*Wr: FIG 1 DATE 101n/01