20141229 Ver 1_Staff Report_20150107

A
vt`.-A.
NCDENR
North Carolina Department of Environment and Natural Resources
MEMO
To: Tom Reeder,.D f., Director of Division of Water Resources
11�Through: Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations,
From: Anthony Scarbraugh, Environmental Senior Specialist
Jahn E. Skvarla, III
Secretary
Subject: Proposed Expansion of 10 Slip Docking Facility to 46 Slips in Closed SA Waters
Matthew C. Potter
Beaufort County
Date: December 29, 2014
The waters in the area of the existing 10 slips docking facility are classified as SA and have been
closed to shellfish harvest since July 6, 1975 as documented in an email from Shannon Jenkins of
Division of Marine Fisheries (DMF), Shellfish Sanitation and Recreational Water Quality Section. In
addition, Mr. Craig Hardy with DMF, Resource Enhancement Section, provided information
regarding shellfish mapping in North Creek conducted by Brian Conrad of DMF in January 2008
that did not identify any viable shellfish resource in the creek due to prevalence of soft bottom
habitat lacking shellfish. DMF verified to Anthony Scarbraugh that there is no oyster or hard clam
resources in the marina area.
Given these factors, antidegradation policy is not considered to be violated due to unsatisfactory
bacteriological sampling since July 6, 1975 and lack of habitat in the proposed project area.
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone; 252 - 946 -6481 \ Fax: 252 - 975 -37161 Internet; www.ncder7r.gov
An Equal Opportunity 1 Affirrrfative Action Employer- Made In part by recycled paper

A ArTnA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. SkV8[8'!II
GDVe0QF Secretary
DIVISION OFWATER RESOURCES
USE ATTAINABILITY ANALYSIS FOR
PROPOSED MARINE PROJECTS IN CLASS SA WATERS
(Check All Appropriate Boxes or Fill in Blanks)
Project Name:
Section 1. Project Description
A. New Marina __X__ Marina Expansion
B. New Basin (dug out ofhigh ground)
(Include Specifications and Sketch)
Existing Basin Expansion
(Include Specifications and Sketch)
Natural Waters
Others (Please Describe Below)
C. Proposed No. ofSlips
Existing No. of Slips _
D. Commercial Marina
Private Marina
Publicly Owned Marina
Other (Please Describe Below)
3G
10
E Description of Any Unique Characteristics or Operational Proposals.
No live aboards, working pumpout and boathouse for marina patrons and will participate in
clean marina program.
Section 11. Existing Use Determination (for waters outside of marina beaina).
A. Closure Status (check one)
Open Waters
___X_ Closed Waters (by data) Date Closed
Closed Waters (DH8 Marina Policy)
B. Will the proposed project result in additional closed (Please attach
analysis showing calculations for area of closure).
Yes N o Not Clear
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
94S Washington Square Mall, Washington, NC2788A
Phone: [phone] \ Fax: [phone]\ Internet: wnwoodenr,gov
An Equal Opportunity \Affirrnative Action Employer- Made in part by recycled paper

C. Does the area tobe effected bv any closure have significant shellfish resources?
Yes _�`_ No Unknown
Briefly provide description of resource and any other characteristics.
D. Has the area tobe impacted bv the proposed project been available for shellfish
harvesting and has shellfish harvesting occurred since November 28, 1975?
Yee N Unknown
E Is the entire area to be impacted by the proposed project currently unavailable for
shellfishing because of the DHS Marina Policy or other irretrievable man induced
impact?
X Yes No
If yes, briefly describe below.
The area has been closed for shellfish harvest since at least July 16, 1975 See Attachments
A, 1B and C.
Section |||. Attainable Use Determination (to be completed only if the answer to ||.A. is Closed Waters
(by deta). and if the answers to||.D and /|.E are No.
A. What are the major sources of pollution causing the closure?
B. What actions are required to reduce or eliminate these existing sources of pollution?
C. Can the areas be expected to be open for shellfishing given reasonable efforts to
control the existing sources ofpollution? Explain.
Section |V. Project Decision
A. Recommend Project Denial
There has been o racentahe|lfiahing use (answer to U. E is Yes) and the area is
not currently irretrievably closed (answer to 11. F is No).
No
She|lfiohing is a reasonably attainable use according to Section Ui

Insufficient information (answers to 11. D and/or 11. E or Unknown).
B. Recommend Project Approval
There has not been a recent shellfishing use (answer to 11. E is No) and
shellfishing is not reasonably attainable use according to Section 111.
OR
X The entire area is irretrievably lost hoohe|lfinhingana result of the DH8
policy or other irreversible man-induced impact (answer to 11. E is Yes).
C. Conditions tobe included in permit (check
_} _ Pump-out facilities Only Boats w/o Heads
_X — Locked-head Policy _X StormvvaberPennit
No Transient Docking _X Compliance with Buffer Rules
_X — No Live-abnerda SPCC Plan for Fuel Storage
D. What additional information is required to make an informed permit decision?
None
This evaluation of the attainability of shellfish uses inthe waters inthe vicinity of North Creek
io approved by:
401 & Buffer Permitting Unit
Director's Office
Office) Date
�;

From:
Gregsn,]im
Sent:
Wednesday, December l0'2OI43:2lPK4
To:
Scarbmugh,Anthony
Cc:
Manning, Jeff
Subject:
RE: UA Study
After reading 40 CFR 131,10(g) and (h) and the EPA Guidance Document for UAA, what I get is that:
0 Existing uses cannot be removed. (This weall know)
Designated Uses that that are listed im Section 181/aV2\of the Clean Water Act bhellfishing is one of these) and
are not existing uses, can pnlyberemoved by performing a04A.
Nothing I read indicates that the vvaterbmdyw/ould have to he reclassified to remove a designated use that is not
am existing use. It just puts the burden on the State to prove that the designated use is not attainable in the
water body, has not been since 2975, and likely never will be.
]imGregson Regional Supervisor
North Carolina Division of Water Resources
Water Quality Regional Operations Section
Wilmington Regional Office
l27 Cardinal Drive Extension
Wilmington, NC 28405-5845
Tel. [phone]]86

Fax [phone]
* *E -mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties. **
From: Scarbraugh, Anthony
Sent: Wednesday, December 10, 2014 8:18 AM
To: Gregson, Jim
Subject: FW: UA Study
IJ
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
Washington, NC 27889
4
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
From: Scarbraugh, Anthony
Sent: Tuesday, December 09, 2014 11:09 AM
To: Burdette, Jennifer a
Subject: UA Study
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252) 948 -3924
********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **

fii, Ph,
NCDEHR
F(ECEM--M/t4CDEt4RV"'
MIEMORANDUM DEC 2 9 2014
TO: Shane Staples water otm!*N T'13'910m,
Division of Coastal Management W&0* opetati40W c!mow,j stiction " oft"
943 Washington Sq. Mall
FROM: Daniel Govoni Respond to Daniel Govoni
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 24 November 2014
SUBJECT: CAMA Application Review
APPLICANT: Matthew C. Potter
PROJECT LOCATION: Project site is located off SR 1732 at 266 Zinkie Lane adjacent North Creek in
the Ransomville community near the Town of Bath in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to modify two existing pier structures by lengthening one,
adding finger piers and mooring piles to both as well as constructing a new pier with slips to create 36
additional slips for a total of 46 slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 15
December 2014. Please contact David Moye at 252-948-3852, if you have any questions regarding the
proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
co S.
Signed Date_ 1,50 �-? 41

C n (..
Scarbraugh, Anthony
From: Dunn, Maria T.
Sent: Monday, December 29, 2014 9:48 AM
To: Scarbraugh, Anthony
Cc: Staples, Shane
Subject: RE: Comments for Matthew C. Potter Project
Maria 'T. 1)uann
Habitat Conservation Program
North Carolina Wildlife Resources C;crurtmission
943 Washington Square Mail, Washington, NC". 27889
(252) 948 -3916 / www,ncwiIdlife.g1Z
RECEIVED /NCDENR/DWR
Water QuaOty Regional
Operations Sectlon
on Regional Office
Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox
from the N.C. Wildlife Resources Commission
correspondence . ... �........_.. ,. �, .....w.
Pe a¢V �� and
from this sender is subject to the N.C. Public Records Law and may be disclosed to third partuas.
From: Scarbraugh, Anthony
Sent: Monday, December 29, 2014 9:39 AM
To: Dunn, Maria T.; Staples, Shane
Subject: Comments for Matthew C. Potter Project
Could you please provide me with your comments regarding this project?
Thanks,
Anthony
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252) 948 -3924
********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statue or other regulation.
********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **

1. APPLICANT'S NAME: Mr. Mathew C. Potter (Major Modification to Major CAMA Permit No. 1-99)
2. LOCATION OF PROJECT SITE: Project site is located off SR 1732 at 266 Zinkie Lane adjacent North Creek in
the Ransoniville community near the Town of Bath in Beaufort County, North Carolina.
Photo Index - 2006:106-8507; K-6 2000:106-1303; N-20 1995:106-1129; K-20
State Plane Coordinates - X: 2,694,700 Y: 620,150
Ransomville Quad. (lower right comer)
3. INVESTIGATION TYPE: LAMA.
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 16 October 2014
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 14 November 2014
Officer Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort County
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved: PTA, EW, ES, CW, PTS
(D) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic System and Portable Marine Pumpout
Planned - N/A
(F) Type of Structures: Existing - Two piers with 10 slips total, boat ramp and launch pier and riprap
revetment
Planned - Extend existing Dock A 6' x I 00'and add three fingers and 12 slips,
add 4 finger piers and 6 slips and 20' x 20' covered platform to existing Dock B,
construct a new Dock C 6' x 150' with 6 finger piers, a 6' x 86' T-head with 18
new slips, and extend an existing boat ramp launch pier 30'.
(G) Estimated Annual Rate of Erosion: Unknown
7. HABITAT DESCRIPTION: [AREA]
180 ft2
(A) Vegetated Wetlands (Shaded)
(B) Non-Vegetated Wetlands 4,656 W
North Creek Bottom I I I (ShndPd,
(C) Other
(D) Total Area Disturbed: 4,836 ft2 (0.11 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA; HQW, NSW
Open: No
PROJECT SUMMARY: The applicant proposes to modify to modify two existing pier structures by
lengthening one, adding finger piers and mooring piles to both as well as constructing a new pier with slips to
create 36 additional slips for new total of 46 slips.

Mathew C. Potter
Potter Marine
North Creek
Beaufort County
Project Setting
This project proposal is a Major Modification request to existing Major CAMA Dredge
and Fill permit no 1-99. This Major Modification request was subject of a scoping meeting in
the Washington Regional Office on 9 September 2014. As a result of input provided by the
Division of Water Resources in this scoping meeting, the applicant has supplemented the
standard Major LAMA written application with a completed Use Attainability Study addressing
the issue of shellfish presence both current and historical. The project site is currently developed
as a ten slip facility known as Potter's Marine, located at 266 Zinkie Lane, the terminus of a state
maintained gravel road off SR 1732 adjacent North Creek near the Town of Bath in Beaufort
County, North Carolina. The surrounding properties are mainly developed residential although
there is a commercial business that caters mainly to recreational fisherman and a commercial
fishhouse nearby. Water depths in this part of North Creek support the docking of large (+40')
commercial shrimp boats and sailboats on nearby adjacent properties. Most of the existing
infrastructure at the project site was authorized by Major CAMAJDredge and Fill permit no - 1-99
issued on 6 January 1999. The infrastructure includes Dock A permitted to have 4 slips, a boat
ramp and associated launch pier, Dock B with 6 slips, and a bathhouse and associated septic
system. There is also a portable marine pumpout that services the boats with heads. Wastewater
from the portable pumpout is handled by the existing septic system. The ten slips are rented with
a signed contract that specifically excludes "live aboards". The marina does not perform or
allow boat maintenance activities such as boat haulout, bottom painting or engine maintenance.
The area of the property established for slips and boat access is developed on a "point"
along the North Creek shoreline. There is an area of cleared higliground consisting of compacted
soils and gravel that provide access to and parking for the existing piers, slips and boat ramp.
There is also a grassed area beside the bathhouse that is used for boat and boat trailer storage.
These areas where soils are less compacted, are vegetated with maintained lawn grasses. The
western side of the property is situated in a shallow cove off the main channel of North Creek.
There is an area of Coastal Wetland marsh on either side of the pier systems, on both sides of the
developed highground, in the cove and at the point, vegetated with smooth cordgrass (Spartina
alterniflora), black needlerush (Juncus roemerianus), bulrush (Scirpus spp.), and salt grass
(Distichlis spicata). The shoreline between the two pier systems was eroding higliground with a
:13.0' tall escarpment that was recently stabilized with granite riprap authorized by
CAMA/Dredge and Fill General permit no. 62914-B issued 13 August 2014.
Water depths in the project area deepen gradually from the shoreline out to the 3' contour
then drop off at a greater rate out to the 6' contour located ±120' offshore the normal water level
(NWL). Water depths and the presence of submerged aquatic vegetation (SAV) were
investigated by DCM staff Kevin Hart and Steve Trowell on 16 October 2014. This
investigation determined that the water depths shown on the applicant's plan view closely
correspond to those recorded in the field investigation. SAV was observed inshore of the 3'

Matthew C. Potter
North Creek
Beaufort County
Page Two
contour and were located were the marsh shoreline existed in the cove and on the point. SAV
was not found between the two pier systems were the higliground shoreline had been eroding.
The SAV was not positively identified by species but closely resembled and was likely Homed
Pondweed (Zanichellia palustris) and or Widgeon Grass (Ruppia maritime). Bottom sediments
were sandy inshore the 3' contour and mucky in the cove and below the 3' contour, There was
no living shellfish observed during this onsite investigation.
North Creek in the vicinity of the project area is designated as Coastal Waters and
Primary Nursery Area by the Maxine Fishery Commission and SA; HQW, NSW by the
Environmental Management Commission. This area of North Creek is closed to shellfishing,
Project Description
The applicant proposes to expand the number of slips available for rent from the existing
authorized 10 to a new total of 46 by adding slips to the existing pier/dock structures as well as by
constructing a new pier/dock structure. The existing Dock A is proposed to be lengthened, 6' x
100' and 8 new tie piles added to establish 9- 15' x 30' wet slips. Three new 13' x 13' boatlifts
accessed by 2- 4' x 30' and 1- 4' x 20' finger piers will also be added to Dock A. The boatlifts
will be added inshore of the existing slips on Dock A. A fourth finger pier 4' x 30' will be built
off the existing platform on Dock A between two proposed wet slips.
The number of wet slips on pier/Dock B will increase from 6 to 12 by adding 4 - 4' x 30'
finger piers and driving 4 new tie piles inshore of the existing 6 wet slips. These new wet slips
will also be 15' x 30'. Two existing 2' x 30' finger piers will be widened to 4'. A 20' x 20'
covered platform is proposed for Dock B inshore of the proposed slips. The applicant also
proposes to extend the existing 4' x 30' launch pier an additional 4' x 30' for the purpose of
temporary mooring of vessels during launch and retrieval operations during high use times such
as an annual inshore fishing tournaments held at the site.
A new 6' x 150' pier is proposed off the point with 18 new slips (8 boat lifts and 10 wet
slips). The boatlifts will have a dimension of 13' x 13', 6 wet slips will have a dimension of 16'
x 30' and 4 will be 18' x 30' wet slips located at the terminus of the new dock structure. The
proposed lifts and wet slips will be accessed off the main pier structure by 9 - 4' x 30' finger
piers. A total of 16 - 4.5' x 6' triangle shaped platforms is proposed to support dock boxes for 16
of the 18 proposed slips.
There will be some temporary short-term turbidity during dock and slip construction.
The new dock and finger pier construction will shade 4,656 ft' of North Creek bottom. A total of

Matthew C. Potter
North Creek
Beaufort County
Page Three
216 ft' Coastal Wetland marsh and 120 ft' of SAV will be shaded with new proposed Dock C.
The increased number of slips will result in increased boat traffic at the project site and their
associated impacts.
Steve Trowell - Washington Regional Office - 24 November 2014

|am proposing a Major K8od0catkonofnnyexbtng Major CAMA Permit# 1-99 issued January 6/1999.
ynn requesting this modification because there is a great need for deep water slips and boat|ifts in this
area. | have had o waiting list for some ofthe slips, and some | have had to turn away because the
existing 10 slips are not wide enough nr not deep enough. Trying 10 keep this facility open with just ten
slips and by myself is getting harder and harder, especially being disabled and only having one leg. My
hope isto expand so| can hire some help. That would be employment for the community not only for
who works for me but sail makers and repair, mechanics, carpenters, Sea tow, Marine Fisheries, Marine
supply, Local restaurants hardware stores, hotels, bed and breakfast, the list goes on.
What |have seen over the years is more and more request for boatlifts. People want to keep their boat
out of the water to save on bottom paint and electrolysis damage on their motor. Also even though the
economy is not that great, there is still is a good market for sailboat wet slips. With the depth ofwater
we have, this creek is perfect to fill that need, Included om the application ia the lease agreement which
states that Potter's Marine does not allow live-aboard. ( See attachment -G).
I'm proposing a total of, eleven- 13'x13 boaddts dlreeonDock —AondehshtonDock —C. Also I'm
proposing twenty five wet slips. For wider boats and boats that draw more water. Size as followed. On
Dock /, seven slips 15)0(Y one wet slip 1S'x16.DVck-B, six wet slips 15\8[Y with a4x3O'finger. Also
because there isno shade here, I'm proposing a 2O'x2O' shelter at the foot of Dock -0. Dock-C, Four wet
slips 16'x3O' and six 18'x3O'. Five fingers are 4'x3O' and two are 6'x43'. All together there are 36slips
andbootUfts.
Dn the 91hnf September amcopin8 meeting was held. Asa result of that meeting a use attainability
analysis has been completed and is included in this application package. Also, / have investigated the
presence of SAV, myself and with the presence of DCM field staff, Kevin Hart and Steve Trowell, on 16
Oct 2014
And through Jill Paxson, who has mapped SAVinNorth Creek (see attachment E\.Both separate
investigation concluded that SAV is present in the area in water depths out to, but not beyond the 3'
Contour. My investigation on the 16m Oct 2014 found SAV on the point and back in the cove on the west
and east sides ofOmy property. (Attachment F).K8y project m/i||CrossOne area ofSAV with a6'wide
access dock. All additional slips, platforms and extensions avoid areas of6AV.

Pat McCrory John E. Skvafta, III
Governor Secretary
DIVISION OF WATER QUALITY
USE ATTAINABILITY ANALYSIS FOR
PROPOSED MARINE PROJECTS IN CLASS SA WATERS
(Check All Appropriate Boxes or Fill in Blanks)
Project Name:
Section I. Project Description
A. New Marina Marina Expansion
B. New Basin (dug out of high ground)
(Include Specifications and Sketch)
Existing Basin Expansion
(Include Specifications and Sketch)
Natural Waters
Others (Please Describe Below)
C. Proposed No. of Slips
Existing No. of Slips
D. _�Zcommercial Marina
Private Marina
Publicly Owned Marina
Other (Please Describe Below)
Fiff2r2e wlpdwl'�� 4W 01� 2501FITI-5
Section 11. Existing Use Determination (for waters butside of marina basins).
A. Closure Status (check one)
Open Waters
Closed Waters (by data) Date Closed r ay 41
Closed Waters (DHS Marina Policy)
/_/4" Sky
Division of Water Resources -Water . Quality Regional Operations Section —Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] k Fax: [phone] \ Internet: www.ncdenr.gov
An Equal Opportunity/Affirmative Action Employer -50% Recycled/10% Post Consumer Paper

B. Will the proposed project result in additional closed acreage? (Please attach
analysis showing calculations for area of closure). d'�r /-6
Yes No Not Clear
C. Does the area to be effected by any closure have significant shellfish resources?
Yes No Unknown
Brief 0, V ZiE,,�� e s c r i t' F rWurce and any oth c racteristics.
Y, P p onf
401 -S�re L
M 51
S4�� ( / �C2
lar �
� Y&I 7/
D. Has the area to be impacted by the proposed project been available for shellfish harvesting
and has shellfish harvesting occurred.since November 28, 19752
Yes -/
No Unknown
E Is the entire area to be impacted by the proposed project currently unavailable for shellfishing
because of the DHS Marina Policy or other irretrievable man induced impact?
Yes No
If yes, briefly describe below.
Section 111. Attainable Use Determination (to be completed only if the answer to II.A. is Closed Waters (by data), and
if the answers to ILID and 11. E are No.
A. What are the major sources of pollution causing the closure?
B. What actions are required to reduce or eliminate these existing sources of pollution?
C. Can the areas be expected to be open for shellfishing given reasonable efforts to control the
existing sources of pollution? Explain,

Section IV. Project Decision
A. Recommend Project Denial
There has been a recent shellfishing use (answer to IL E is _Yes) and the area is
not currently irretrievably closed (answer to 11. F is Na).
•
OR
Shellfishing is a reasonably attainable use according to Section 111.
Insufficient information (answers to II. D and/or 11. E or Unknown).
B. Recommend Project Approval
There has not been a recent shellfishing use (answer to 11. E is No) and shellfishing is
not reasonably attainable use according to Section 111.
OR
The entire area is irretrievably lost to shellfishing as a result of the DNS policy or
other irreversible man-induced impact (answer to 11. F is Yes).
C. Conditions to be included in permit (check appropriately)
Pu,mp-out facilities Only Boats w/o Heads
Lodked-head Policy Stormwater Permit
No Transient Docking Compliance with Buffer Rules
No Live-aboards SPCC Plan for Fuel Storage
D. What additional information is required to make an informed permit decision?
This evaluation of the attainability .of shellfish uses in the waters in the vicinity of
is approved by:
Surface Water Protection Section (Office)
Director's Office
Date
Date

http.-/Ahebmail.gotricourity.biz/Nmail/ ill

From:
Subject:
Sent date:
To:
Cc:
Mr. Potter,
Here's Shannon's re
. . ... ........
"Hardy, Craig" <[e-mail]>
FW: Trip ticket
09/19/2014 04:28:16 PM
"Conway Poffer"<[e-mail]>
"Trowell, Steve" <[e-mail]>
sponse to the inquiry.
-----Original Message -----
From: Jenkins, Shannon
Sent: Friday, September 19, 2014 359 PM
To: Hardy, Craig
Subject: RE: Trip ticket
aM
From what I can find, that area has been closed since at least 7/16/75, and probably even earlier than that. At
the time, it was due to unsatisfactory bacteriological sampling. I don't think it has been a priority area due to
lack of resource.
FYI- ffe are still planning to (administratively) close all of Area G-1 soon due to losing our northern lab, etc-
10 .Z NA
----- Original Message -----
From: Hardy, Craig
Sent: Friday, September 19, 2014 3:29 PM
To: Jenkins, Shannon
Subject: FW: Trip ticket
-----Original Message---- -
Prom: Conway Potter [mailto:[e-mail])
Sent: Friday, September 19, 2014 2:51 PM
To: Hardy, Craig
Subject: RE: Trip ticket
Craig
I spoke.to, Steve Trowell of NCDENR today and he asked this question. When was the upper part of No&
I
Creek closed to oystering and why was it closed . Mapl 6- G 1. Is there any data available on that. Thanks
Conway Potter
Potter's Marine
PIPELINE]
http://webmail.gotricounty.bizl#/mail/ 1/2

|, From: «cmaig. �
� Subject: RE: Trip ticket
| �em������ UQ/ Q/�O14O3�4�AP�
. �
���
/ "Conway Poffer"<conway@p"ff"=m"/e.omx>
��^ "Tn���� Sb*v�'�ob*ve �
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_-_-__�___--__-________'__�___.___-__�����'��-�___---___�___-___---_--�
Mr. Potter,
I have referred the question below to Shannon Jenkins with our Shellfish Sanitation Section. Hopefully he c
provide some insight next week.
Shellfish/Habitat Mapping Program (Brian Conrad): The shellfish mapping of North Creek (January 2008) did
not identify any viable shellfish resource in the creek. The majority of the creek is soft bottom without shellfish
#r Submerged Aquatic Vegetation (SAV). SAV does exist along the shoreline and small creeks in the upper
wart of the creek. Map of North Creek with bottom strata attached.
Shellfish Sanitation Shellfish Harvest Water Classification: Prohibited (usually based on fecal coliform countl
License and Statistics Section (Alan Bianchi): Trip Ticket Program cannot determine where in the larger water
body shellfish were harvested (Pamlico River landings cannot be refined to identify any landings from North
I will follow up with Shannon on Monday ........ C ra i g,,
From: Conway Potter (mailto:[e-mail])
Sent: Friday, September 19, 2014 2:51 PM
To: Hardy, Craig
Subject: RE: Trip ticket
Hi Craig
I spoke to Steve Trowell of NCDENR today and he asked this question. When was the upper part of Norl
Creek closed to oystering and why was it closed . Map 16- G 1. Is there any data available on that. Thanks
Conway Potter
Potterls Marine
t2

Ronx Conrad, Brian
Sent: Friday, September 12, 2014 4:38 PM
To: Scheller, Roberto
Subject: FW: Trip ticket
FIDUM on
Did | misunderstand you yesterday regarding Oyster Creek? VVe received e similar request for data for North
Creek today and I just wanted to ensure that I had sent you the data that you requested.
|f you have any questions o/ need additional data please let meknow.
Respectfully-
����M
To: Hardy, Craig
Subject: RE: Trip ticket
The area of North Creek, Beaufort County was mapped and sampled in January 2008. At that time there were
no viable areas of shellfish habitat found during mapping/sampling efforts, The majority of the creek is
comprised of soft bottom without shellfish or grass (D). However SAV habitat (B) does exist along the upper
shorelines and finger creeks. Please see the attached map.
��
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NC Department of Environment and Natural Resources
Habitat and Enhancement Section
Shellfish Biologist
N[DK4F Mapping Program Supervisor
N[ Shellfish Lease and Franchise Program
Shellfish, S4V and Benthic Remote Sensing
mtpmAehma.gotriooum»biz*rr,aiV 2J2

NC DMF ESTUARINE BENTHIC HABITAT MAPPING
North Creek Area, Beaufort County NC
Legend
L, J A - Subtidal Soft Vegetated Shelf
EN3 B - Subtidal Soft Vegetated w/o Shell
J C - Subtidal Soft Non-vegetated Shell
D - Subtidal Soft Non-vegetated w10 Shell
V,U'A E - Subtidal Firm Vegetated Shell
F
'L_ - Subtidal Firm Vegetated w/o Shell
G - Subtidal Firm Non - vegetated Shell
H - Subtidal Firm Non-vegetated w10 Shell
I . Subtidal Hard Vegetated Shell
J - Subtidal Hard Vegetated w/o Shell
K - Subtidal Hard Non-vegetated Shell
L - Subtidal Hard Non-vegetated w10 Shell
PA M - Intertidal Soft Vegetated Shell
71 N - Intertidal Soft Vegetated w/o Shell
10 - Intertidal Soft Non-vegetated Shell
A, P - Intertidal Soft Non-vegetated w/o Shell
10 - Intertidal Firm Vegetated Shell
L,d R - Intertidal Firm Vegetated w/o Shell
E-3 S - Intertidal Firm Non-vegetated Shell
T - Intertidal Firm Non-vegetated w/o Shell
-- A U - Intertidal Hard Vegetated Shell
V - Intertidal Hard Vegetated w/o Shell
W - Intertidal Hard Non-vegetated Shell
X . Intertidal Hard Non•vegetated w/o, Shell
For questions regarding this data
or the Estuarine Benthic Habitat
Mapping Program
please contact:
Brian Conrad
NC Division of Marine Fisheries
Resource Enhancement Section
at 252-808-8061
0 2,150 4,300
N
1:18,66® A
Layout Created: 9/12/2014

,( 1.11 L4LI AA I A %-A AI "
From 1975 to Now., 2014 To the best of my knowledge and metrno
the upper part of North Creek whlch is closed at this time has nev
been a viable resource for commercial oystering I
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COLLECTION NUMBER., 2006-40
DATE: 7/14/2006
SPECIES COMMON NAME
14811i5nel'13 6MarIC3173 Tape Grass, Celery Grass
WATERBODY: Npfth, Greek;;
LOCATION NAME. North d66k; L&Atjo--1 f
BASIN, Pam
LATITUDE: 35.43381
LONGITUDE: -76.67286
SAV AREA: 149590. 72
COVERAGE: dense
LOCATION WIDTH(M): 15
LOCATION DEPTH (M): I
SHORELINE: Juncus, Spartina
ZOL't-e-, ION -, U,MBER 20
DATE: 5/25/2006
SPECIES COMMON NAME
Zannichellia palust,-ls Horned Pondweed
Ruppia maltim3 Widgeon Grass, Duckweed
COMMENTS
Page 13 of 22

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C1—
POTrF-R'S MARINE
266 Zinkie Lane
Bath, NC 27808
252 -345 -0189
[e-mail]
BOAT SLIP LEASE
9
Although, Potters Marine is not a campground and we do not allow live aboards,
we do permit weekend and short periods of stay.
Fit swimming to be clone away trom doc
3. Operator reserve� the right to alter or amend the terms and
conditions • this Lease and License from time to time by: i
(a) Written notice to the Boat Owners; and
(b) Prominent publication by notice on the marina grounds.

under this Lease Agreement, including reasonable attorney's fees, shall be born
by the Boat Owner.
16, The Boat Owner represents that the boat to be stored by him/her in
------------------------ and Registration No. : -----------------------------
16. This Lease constitutes the entire agreement between the parties and
shall not be changed or supplemented in any manner by oral agreement.
IN WITNESS WHEREOF, the Operator and the Boat Owner have executed
this Lease in dupli9cate originals.
--------------------------------------- By: ____________-
Boat Owner Proprietor

It is expressly agreed that Operator shall not be liable to the Boat Owner
if for any reason Operator fails to move the boat. It is further expressly agreed
that Operator may, without liability, if extreme emergency conditions justify, set
the Boat Owner's boat loose from its slip.
7. Boat Owner covenants to exercise due care in occupation of the
leased berthing slip and to vacate the same in good condition, wear and te
occasioned by normal use only, accepted.
Boat Owner shall indemnify Operator against all claims, actions,
proceedings, damages, and liabilities, including Attorney's Fees, arising from or
connected with Boat Owner's possession and use.

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