HomeMy WebLinkAbout19882229 Ver _COMPLETE FILE_19880706RECiFIVFD
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-045-0397
PUBLIC NOTICE
11,11 0 b 1988
WA'ei 1,16 f`
June 30, 1988
MR. WILLIAM H. STEPP AND MR. DON H. GARREN, 112 SOUTH MAIN STREET,
HENDERSONVILLE, NORTH CAROLINA 28739, have applied for a Department of the
Army after-the-fact permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN
WETLANDS ADJACENT TO AND JUST NORTH OF MUD CREEK, ON N.C. 25 NEAR NAPLES,
HENDERSON COUNTY, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that fill material, mainly composed of spoil material from
several local construction sites, has been piled approximately 15 feet high in
places, in a 219-foot-long by 150-foot-wide wetland adjacent to Mud Creek.
Vegetation present on this site includes red maple (Acer rubrum), alder (Alnus
serrulata), birch (Betula nigra), with Juncus sp. being the dominant
herbaceous species. The soil is saturated and is "mushy". The purpose of the
work is to dispose of construction site spoil. Plans showing the work are
included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
-2-
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and_ utilizat on__of__impor_tant resour-ces-. All factors-which- -
- may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
-3-
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 22, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before July 14, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 29, 1988, or telephone (919) 343-4636.
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',,•,. SrATE o?
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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
July 11, 1988
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No, 0397 dated
6/30/88 describing a project proposed by William S eE pp--&-Don Garren
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by /29/88
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP : j r. / aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984
An Equal Opportunity / Affirmative Action Employer
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-045-0397 June 30, 1988
PUBLIC NOTICE
MR. WILLIAM H. STEPP AND MR. DON H. GARREN, 112 SOUTH MAIN STREET,
HENDERSONVILLE, NORTH CAROLINA 28739, have applied for a Department of the
Army after-the-fact permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN
WETLANDS ADJACENT TO AND JUST NORTH OF MUD CREEK, ON N.C. 25 NEAR NAPLES,
HENDERSON COUNTY, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that fill material, mainly composed of spoil material from
several local construction sites, has been piled approximately 15 feet high in
places, in a 219-foot-long by 150-foot-tide wetland adjacent to Mud Creek.
Vegetation present on this site includes red maple (Acer rubrum), alder (Alnus
serrulata), birch (Betula nigra), with Juncus sp. being the dominant
herbaceous species. The soil is saturated and is "mushy". The purpose of the
work is to dispose of construction site spoil. Plans showing the work are
included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
r
-2-
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protect o -a-n -ut?7.-i-z-a-tion of- mi portant resourr-es. All-fa-ctors which---
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
k
-3-
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 22, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before July 14, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 29, 1988, or telephone (919) 343-4636.
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DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
DATE: May 9, 1988
("I
TO:
FROM: Bill Mills ;
Mike William
THROUGH: A. Preston 001ward,
Jr)SUBJECT: Revised Comments
Addendum To April 15, 1988
Waterway Associates, Inc.
Carteret County
Memorandum
- Shearwater Resort
This is to provide additional clarification of earlier comments
submitted by this office on April 15, 1988, concerning wastewater
treatment and disposal for the proposed Shearwater Resort.
The applicant has recently indicated that an application for
utility status has not been submitted to the N. C. Utilities
Commission. Although the application was prepared, it was never
submitted. In order for the Division Of Environmental Management
to permit the non-discharge type waste treatment facility, a
licensed utility status must be obtained. Otherwise, the
Department Of Human Resources would be the appropriate permitting
agency.
This office has made a preliminary review of the proposed
wastewater disposal site and feel that the soils are suitable for
disposal of wastewater from the proposed project. However, final
determination of acceptable loading rates (which dictat4l"ljknd area
requirements) can only be made after completion of aquifer testing
(i.e., pump test). Nevertheless, given the facts that (1) there
are similar disposal facilities in the area, and (2) the project
scope has been reduced significantly (reduction in units from 225
to 120) resucting in a much less intense development of the
property and significantly more available land for waste disposal; I
believe that there is a high probability that a permit can be
issued for wastewater treatment and disposal on the site.
If you have any further questions concerning this matter, please
advise.
MFW/mb
cc: John Parker - DCM Raleigh
WiRO, CF
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284021890
April 12, 1988
SUBJECT: File No. SAWC088-N-016-0141
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natura:! Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Waterway Associates,
Incorporated, represented by Mr. Paul Berry, for a Department of
the Army permit to construct marina facilities on Bogue Sound,
southeast of Swansboro, 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:
a. An earthen plug will be left between the basin and Bogue
Sound until excavation landward of the plug has been completed.
To prevent sedimentation in adjacent waters, 24 hours will be
allowed to elapse before the plug is removed.
b. All excavated materials will be confined landward of the
mean high water (MHW) elevation contour within adequate dikes or
other retaining structures to prevent spillover of solids into any
vegetated wetlands or surrounding waters.
c. The diked, excavated material retention area will be
constructed a sufficient distance from the mean high water (MHW)
elevation contour and any marsh to eliminate the possibility of
dike erosion into or upon any marsh and/or surrounding waters.
-2-
d. 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.
e. 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.
f. Flow from the diked retention area will be confined by
pipe, trough, or similar device to a point at or below the mean
low water (MLW) elevation contour to prevent gully erosion and
siltation.
g. Excavation will not exceed 4 feet below the elevation of
mean low water (MLW).
h. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of this
permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transfered to a
third party.
i. The activity will be conducted in such a manner as to
prevent a significant increase in turbidity outside the area of
construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less are not
considered significant.
J. Approval of the structure was based on determination that
there would be no obstruction to navigation. Under conditions
existing in the Atlantic Intracoastal Waterway (AIWW), a
possibility exists that the structure may be damaged by wave wash
from passing vessels. Unreasonable slowing down of vessel traffic
cannot be required because it would tend to nullify the
navigational benefits on which the AIWW was justified. Issuance
of this permit should not be construed as relieving the permittee
of taking proper steps to insure the structure and moored boats
will not be damaged by wave wash normally to be expected in the
AIWW.
-3-
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
V
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. R. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Ms. Beverly Etheridge, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
DIVISION OF ENVIRONMENTAL MANAGEMENT
,Water Quality Section
April 20, 1988
M E M O R A N D U M
TO: 7i. n Parker
FROM: Mills"f?/
'U-
SUBJECT: Application for CAMA Permit
Waterway Associates -'Shearwater Resort
Carteret County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a) The proposed project does require a 401 Water
Quality Certification and has been issued
Certification No. 2229.
b) "Built upon" surface areas as defined in 15 NCAC
2H .1000 must remain consistent with the plans and
specifications submitted as a part of the
stormwater management plan dated March 22, 1988.
c) A 30-foot buffer areas must exist between all
built upon surfaces and the mean high water
contour (excluding boat ramps and boat launching
travel pads).
d) Signs should be posted at several conspicuous
locations in the marina basin and entrance channel
prohibiting the discharge of sewage from vessels.
e) The marine pumpout facility must be effectively
operated and maintained at all times.
f) Based upon the application information it is
anticipated that this Division will be the
permitting agency for sewage disposal. Since
there are several wastewater treatment and
disposal facilities already permitted in the area
of the proposed plant, it is probable that a
permit can be issued for the proposed facility.
However, as of this date, no plans,
specifications, or permit applications have been
received for wastewater disposal on this project.
BM/dkb
cc: Preston Howard
f
i
SEATE
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary April 19, 1988 Director
Mr. Paul Berry
Waterway Associates, Inc.
1800 South Tarboro Street
Wilson, NC 27893
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Shearwater Resort Community
Waterway Associates, Inc.
Bogue Sound at Cedar Point
Carteret County
Dear Mr. Berry:
Attached hereto are two (2) copies of Certification No. 2229
issued to Waterway Associates, Inc. dated April 19, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Ct ' s; i... 1z2:gned By
VViiiia:n4C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Waterway Associates, Inc.
pursuant to an application filed on the 1st day of February, 1988 and
revised March 22, 1988 to construct a drystack storage marina,
condominiums, and clubhouse.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Bogue Sound
in conjunction with the proposed Shearwater Resort Community in Carteret
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the fill material be of clean material, free
of any toxic compounds.
3. That silt screens or other sedimentation prevention
devices shall be used to reduce turbidity.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 19th day of April, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Signed By
V'Mliam C. WMIS
For
R. Paul Wilms, Director
WQC# 2229
4t ' ' m
3§ 4Nq
. Wi .
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary April 19, 1988 Director
Mr. Paul Berry
Waterway Associates, Inc.
1800 South Tarboro Street
Wilson, NC 27893
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Shearwater Resort Community
Waterway Associates, Inc.
Bogue Sound at Cedar Point
Carteret County
Dear Mr. Berry:
Attached hereto are two (2) copies of Certification No. 2229
issued to Waterway Associates, Inc. dated April 19, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Si&ned By
Wiliiam C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
r ? t
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Waterway Associates, Inc.
pursuant to an application filed on the 1st day of February, 1988 and
revised March 22, 1988 to construct a drystack storage marina,
condominiums, and clubhouse.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Bogue Sound
in conjunction with the proposed Shearwater Resort Community in Carteret
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the fill material be of clean material, free
of any toxic compounds.
3. That silt screens or other sedimentation prevention
devices shall be used to reduce turbidity.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 19th day of April, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Oridr.^I Silaned By
William C. (Mills
For R. Paul Wilms, Director
WQC# 2229
s
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
CEIVE
DATE: April 15, 1988 /
TO: Bill Mills Q??
FROM: Michael F. William `C?GL OtP?'Ri,7 011"?S {1 It7,
THROUGH: A. Preston Howar Jr.
SUBJECT: Regional Office Recommendations
Waterway Associates Inc. - Shearwater Resort
Carteret County
The Wilmington Regional office has reviewed the recently revised
proposed project consisting of a 3.37 acre future commercial site,
a 3.63 acre wastewater treatment and disposal area, 120 condominium
units within 6 buildings, pool and club house, a 145 boat dry stack
building, a 65 slip marina consisting of fuel dispensers, pump out
station and boat ramp, and boardwalk and cabana. The proposed
project is located along Hwy 24 at Cedar Point, adjacent to Bogue
Sound, classified SA, and partially closed to shellfishing (due to
an adjacent marina). The upland development originally consisted
of 11 condominium buildings totaling 225 units. The revised plans
dated 22 March, 1988 were submitted in order to meet the built upon
density requirements of 25% for stormwater management.
The plan was reviewed and appears to meet the Stormwater Regulation
15 NCAC 2H.1000 by limiting built upon surface area to 250,
maintaining a 30' buffer area from MHW (except the boat ramp), and
having no stormwater collection system.
The project will require 401 certification for the proposed filling
of an existing 10 foot wide, 380 foot long ditch. The ditch, after
being filled will be planted in cordgrass to blend with the
existing vegetation.
The marina development consists of 65 wet slips and 145 boat dry
stack storage slips. The basin will primarily be excavated from
high ground with spoil disposal on the site. The applicant
proposes to provide fuel and pump out facilities at the marina.
The draft marina policy specifies that a closure area of as much as
325 feet from the mouth of the basin may be imposed by the
shellfish sanitation branch (according to Mr. George Gilbert).
Discussion with Mr. Dave Taylor of the Division of Marine Fisheries
indicates that a shellfish resource does not exist within 325 feet
of the basin entrance canal, and therefore any closure of
shellfishing areas 325 feet outside the basin will not violate the
antidegredation policy.
r
Bill Mills
April 15, 1988
Page 2
The owner has indicated that the development will be served by a
non-discharge type wastewater treatment plant and sub-surface
disposal. An application for utility status has been filed with
the utility commission. It is anticipated that this department
will be the permit agency; and since there are several wastewater
treatment and disposal facilities already permitted in the area of
the proposed plant, it is probable that a permit can be issued for
the proposed facility. However, as of this date, no plans,
specifications or application has been received relative to
wastewater treatment and disposal.
It is recommended that a 401 certification be issued to the
applicant containing the following conditions:
1. That turbidity levels in the receiving stream shall not exceed
25 NTU as a result of the project activity.
2. That fill material shall be of clean material, free of toxic
compounds.
3. Silt screens or other sedimentation prevention devices shall
be used to reduce turbidity.
It is recommended that the following comments be forwarded to the
Division of Coastal Management:
1.) That "built upon" surface areas as defined in 15 MCAC 2H.1000
remain consistent with the plans and specifications submitted
as a part of the stormwater management plan dated March 22,
1988.
2.) A 30 foot buffer area must exist between all built upon
surfaces and the mean high water contour (excluding boat ramps
and boat launching travel pads).
3.) Signs shall be posted at several conspicuous locations in the
marina basin and entrance channel prohibiting the discharge of
sewage from vessels.
4.) The marina pump out facility shall be effectively operated and
maintained at all times.
If you have any questions concerning this matter, please advise.
APH:MFW:mab
cc: WiRO, CF
w
TO: Bill Mills
Operations Branch
Division of Environmental Management
Use Attainability Analysis for
Proposed Marina Projects in Class SA Waters
(Check all Appropriate Boxes or fill in Blanks)
Project Name
Section I. Project Description
A. New Marina Marina Expansion
,C-XPA 1551,9 ?
B. ??T? (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. Slips &O " 66ff? Existing No. Slips OI?
D. Commercial Marina
Private Marina
Publicly Owned Marina
-*:ZOther (Please describe below)
Md,fn/A 7o -W-i16 ,yd&ze- CND ZOO d9WP0Aozz-&-1z,)41 12A67-5
AAIV PROVIDE 145 DRY Sri 5704469, SAQCW-S
E. Description of Any Unique Characteristics or Operational
Proposals.
Jul tn/?i ?e0?1 t Tl DAY .57X9 AIMP-Olaf JCZ01-l?-1
Section II. Existing Use Determination (for waters outside of marina basins)
A. Closure Status (Check One)
Open Waters
Closed Waters (By Data) Date Closed
?LClosed Waters (DHS Marina Policy)
AR" ITV 6xrSf11J6 0W.4#d€ -
r t
B. Will the proposed project result in additional closed
acreage? (Please attached analysis showing calculations
for area of closure.)
I Yes No Not Clear
C. Does the area to be effected by any closure have significant
shellfish resources?
Yes / No Unknown
Briefly provide description of resource and any other
characteristics.
Lip &eArIVIV5 ,di?f, 7A14r AMOY 325" Oe ajr5IN, SUS/n/ t lJrt,G Ar ea ep.
?CGoe?/N6 ZO /?y RE501ARCt- 6V 51-5 N1 rl, ltl VE' 3V? ?f ARM-
D. Has the area to be impacted by the proposed project been
available for shellfish harvesting and has shellfish harvesting
occurred since November 28, 1975? /by' J1K.PGy
DGe TO
,
known - F411ertAlb S"Pl(
? U
n
Yes No
f.3OMM
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 J_No
If yes, briefly describe below.
//
OVD - A? &SUx19Cf-_?
Section III. Attainable Use Determination (To be completed only if the answer
to ILA A is Closed Waters (by Data), and if the answers to II. C and
I I . D are N00)-
A. What are the major sources of pollution causing the closure?
AM,4cfI& J-OR/A(d NAAIC-G ?Ce AR ,P,,,Vr i/ric d s?
B. What actions are required to reduce or eliminate these existing
sources of pollution?
s
V,
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 II. D
is Yes) and the area is not currently irretrievably closed
(answer to II.E is No).
OR
Shellfishing is a reasonably attainable use according to
Section III.
OR
Insufficient information (Answers to II. C and/or II. D are
Unknown)
B. Recommend Project Approval
There has not been a recent shellfishing use (Answer to
II. D is No) and shellfishing is not a reasonably attainable
use according to Section III.
OR
The entire area is irretrievably lost to shellfishing as a
result of the DHS policy or other irreversible man-inducted
impact (Answer to II. E is Yes)
C. Conditions to be included in permit (check appropriately)
_?_Pump-out Facilities Only boats w/o heads
Locked-head Policy
No Transient Docking
No Live-aboards
D. What additional information is required to make an informed
permit decision?
P
? ? T
This analysis a ecendation has been prepared by the Wilmington Regional
office. nd omm
$$ Date
This evaluation of the attainability of shellfish uses in the waters in the vicinity
of is approved by:
Water Quality Section Date
Director's Office ' Date
R. Paul Wilms
Director
JOHN PARKER
FROM: JAMES L. MERCER
SUBJECT: WATERWAY ASSOCIATES, INC./SHEARWATER RESORTS PROJECT -
REVISED WORKPLAT DRAWING
DATE: MARCH 29, 1988
As you can see, we have very recently received revised project
plans from the developers of Shearwater. Mr. Cacavias explains
in his cover letter that the revisions have been made to comply
with DEM's stormwater requirements for impervious surface areas.
Because the reduction in the.development is so clearly indicated
on the revised drawings, that is to eliminate five of the eleven
condominium buildings, I am not planning to do a revised field
report unless you advise otherwise. I suggest, therefore, that
you simply distribute the revised workplats and ask for comments.
in an appropriate time frame. In order to save a little time,
Diana has gone ahead and-sent copies to those agencies that we
normally contact.
JLM/dh
Enclosures
cc: Charles S. Jones
Cliff Winefordner, COE
Bill Mills, DEM
DMF, Morehead City Office
DEM, Wilmington Field Office
Division of Land Resources, Wilmington Field Office
Division of Community Assistance, Wilmington Field Office
VVA
ti
O+"
N
REVISED
DK,.- 3-25---U&
-- R/W
N.C. HWY. NO. 24 (100'R/ W)
?- TO SWANSSORO TO MOREHEAD CITY,--o-
FUTURE COMMERICAL
SITE
(3.37 ACRES)
BUILDING AREA=38,880 SF
PAVED AREA =54,000SF
OPEN AREA =53,917 SF
I
NOTE : OPEN AREAS INDICATED SHALL I
REMAIN PERVIOUS FOR THE
PERIOD UNDER WHICH THE I
CAMA PERMIT IS IN EFFECT.
ANY CHANGE TO THE APPROV-
ED PLAN MUST BE APPROVED h
BY CAMA. fEXISTING
CEDAR PO/NT
VILLAS
MULTI - FAMILY DEVELOPMENT DATA
TOTAL ACRES 21.00 AC.
TOTAL UNITS 120
TOTAL PARKING 300
MARINA - WET SLIPS 65
DRY STORAGE 145
AMENITIES - CLUB HOUSE 1
POOL 1
DENSITY 6 UNITS/AC.
COMMERCIAL SITE
TOTAL AREA 3.37 AC.
APPROX. BLDG. SIZE 38,880 SQ. FT.
LEGEND
ASPHALT
®ABSORPTION FIELD AREA
PROPOSED WASTEWATER
TREATMENT PLANT SITE
LOW PRESSURE PIPE DISPOSAL))
(3.63 ACRES) \f/
MATCH LINE- FIG. NO. 3B
KES
EX/STING
COMER
COVE
SHEARWATER
for
WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA
PROPOSED SITE DEVELOPMENT PLAN
FIG. NO. 3A
SCALE: I"= 200' HUSSEY, GAY 81 BELL I NTL_ OF S.C.
l00 o IQo 200 COLUMBIA, SOUTH CAROLINA
JANUARY, 1988
REVISED 3/14/88
SHEET 5 OF 12
N MATCH LINE -SEE FIG. NO. 3A
z
EXIST. BLDG. TO BE
US7=D AS TEMPORARY
SALES OFFICE.
EX/STING
CED,4R Pow
VILLAS
1
PERVIOUS/ IMPERVIOUS DATA
TOTAL PAVED AREA = 4.69 Ac.
TOTAL BUILDING AREA = 2.31 Ac
TOTAL IMPERVIOUS AREA = 7.00 Ac.
TOTAL OPEN AREA ='£16'0Ti c.
TOTAL SITE AREA =28.00 Ac.
PERCENT IMPERVIOUS AREA = T.00 Ac. = 25 %
28.00 Ac. 1411 C
L -A
I it- ?ba =+?L_?
11 L
LEGEND
MHW
MLW
MAINTENENCE
?' ;v-DREDGE SPOIL
W AREA 700 SY.
r ..
V .? tk K
W k
1CAMA
AEC
w .r
II call = `S w
MARSH
MEAN HIGH WATER %
MEAN LOW WATER BOGUS SOUND '` F
ASPHALT PAVING TO IN TWAT COAST L t w
ERWAY
?M
iv-•-..J-? I
SHEARWATER
for
WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA-
PROPOSED SITE DEVELOPMENT PLAN
1414 r FIG. NO. 3B
SCALE: I = 200HUSSEY, GAY a BELL INTL.OF S.C.
too o loo 200 COLUMBIA, SOUTH CAROLINA
10- JANUARY, 1988
REVISED 3/14/88
SHEET 6 OF 12
EXISTING
COMER
COVE
a
N
EXISTING
CEDAR PO/NT
VILLAS
1 '
I ?- .- J l- - - J
`-----!1 ---??
II i f
I 1 f. ( i
u,
4I= J r,
I Ir? ?t=a ..Il_
11 tL ..;L_ t I?
EXISTING fh
\MARINA
I? 1I
NOTE- NO FURTHER EXCAVA-
TION OF EXISTING CHAN-
NEL IS REQUIRED.
,y DRtUCit 5YVll
y 4REA 700 SN
1RR1 4 ?? 1?i- ?
'lY µ w ? K 1?
w
EXISTING
COP, ER
COVE
75'CAMA
AEC
W K I
MARSH
\ 4 b Ir i W
ti I
Af1
EXISTING CHANNEL
(SEE NOTE)
LEGEND
MHW
MLW
MEAN HIGH WATER
MEAN LOW WATER
ASPHALT PAVING
YVq rER
yV4 yJ
SHEARWATER
for
WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA-
00
3N 2 poo
ATLANTIC
OCEAN
LOCATION MAP
N.T.S.
EXISTING CHANNEL LOCATION PLAN
FIG. NO. 3C
SCALE: I" = 200' HUSSEY, GAY & BELL INTL.OF S.C.
loo o loo zoo COLUMBIA, SOUTH CAROLINA
JANUARY, ( 988
REVISED 3 / 14/88
e?cogST ? Sod ^
SHEET 60 OF 12
j.
1i. d F
IN REPLY REFER TO
Regulatory Branch
January 29, 1988
SUBJECT: File No. SAWC088-N-016-0141
Waterway Associates, Inc.
Attention: Mr. Paul Berry
1800 south Tarboro Street
Wilson, North Carolina 27893
Dear Berry:
RECEIVED
F E B 01 .988
WAU QUALITY SCCTION
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received January 1, 1988, r'or a
Department of the Army permit to construct marina facilities
associated with the Shearwater Resort Community off of Highway 24
in Swansboro, 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. 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 written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC088-N-016-0141 and will be coordinated by
Mr. David Baker. He is available to address questions or comments
you may have at telephone (919) 343-4662.
Sincerely,
Charles W. Hollis
Chief., Regulatory Branch
.DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Enclosure
y:
M
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North,Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. James Mercer
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
January 28, 1988
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC088-N-016-0141
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECE! ED
ti C i iq?
VVATE R QUALM SECTIOM
OPERATIONS BRAN('('-!
Enclosed is the application of Waterway Associates, Inc., for
a Department of the Army permit and a State Water Quality
Certification to place fill material in Bogue Sound in conjunction
with the construction of marina facilities for Shearwater Resort
Community in Swansboro, 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 authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be 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.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by March 28, 1988, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
lha s W. toi C i
ef, Regulatory Branch
Enclosure
W-.
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Mercer
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Aq V-7
HUSSEY, GAY, BELL & DEYOUNG INTERNATIONAL
ENGINEERS & ARCHITECTS
January 20, 1988
Mr. Dave Baker
Army Corps of Engineers
P.O. Box 1890
Wilington, North Carolina 28402
RE: Shearwater - Resort Community
Preliminary Engineering Report
Carteret County, North Carolina
(SC 052)
Dear Mr. Baker:
Please find enclosed, for your review and approval, one (1) copy
of the above referenced report. The P.E.R. includes conceptual water
and sewer system design along with final storm drainage design. A
Site Development Master Plan and Utility Master Plans are also pro-
vided.
Your attention to this matter is greatly appreciated.. If you have any
questions, or need additional information, please call.
Si cerely,
mes G. Cacavias, P.E.
Vice President
Enclosures
cc: Mr, Paul Berry
Mr. Brian Bennett
ROY HUSSEY P. E.
BENJAMIN F. GAY P.E.
GUS H. BELL P. E.
RICHARD B. DEYOUNG P.E.
JAMES G. CACAVIAS P E.
JERRY I.. MILLER ARCH.
2000 PARK STREET • P.0. B 0 X 7957 • COLUMk31A. SOUTH CAR0LINA -79202 • (803) 799-0444 • TELEX: 804765 116GSAV
A!
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavarion, filling, paving, land clearing, and
stormwater control. If the requested information is
nor relevant to your project, write N/A (not ap-
plicabie). Items 1-4 and 8-9 must be completed for
all projects.
1 APPLICANT
a. Name Waterway Associates, Inc.
Address 1800 South Tarhorn Street
City Wilson State N : f
Zip22843.Day phone (919) 291-2111
_X_ Landowner or Authorized agent
b. Project name (if any)
Shearwater-Resort Community
c. If the applicant is not the landowner, also give
the owner's name and address.
NZA
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
NCSR 24
b. City, town, community, or landmark
Swansboro, N.C.
c. County Carteret
d. Is proposed work within city limits or planning
jurisdiction? yes
e. Name of body of water nearest project
Bogue Sound
3 DESCRIPTION AND PLANNED
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
Construction of 225 Condominium Units
with a Marina and a Commercial Site.
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? Both
Will the project be for community, private, or
commercial use?
Private & Semi-Public
d. Describe the plannned use of the project.
Residential along with commercial
frontage.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 28 ac
b. Size of individual lot(s) N/A
c: Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum0-19 ft.
d. Soil type(s) and texture(s) of tract Sandy
e. Vegetation on tract Short & Tall gasses
Row of mature Cedar trees.
f. Man-made features now on tract Paved road,
shed-type bldgs & bulkheaded boat slip.
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation X Transitional
-Developed Community
-Rural X Other
h. How is the tract zoned by local government?Agri.
i. How are adjacent waters classified? S.A.
j. Has a professional archaeological survey been
carried out for the tract? yes
If so, by whom?Carol i na Arch _ Sprvires
Columbia, South Carolina
5 UPLAND DEVELOPMENT
Complete this section if the project includes any
land development.
a. Type and number of buildings, facilities, or
structures proposedll Condominium B1dasY
Club House 2 Pools, 2 Tennis Courts
& Commercial Site
b. Number of lots or parcels Two
c. Density (Give the number of residential units
and the units per acre.) 22-S Units
d. Size of area to be graded or disturbed
If the proposed project will disturb more than
one acre of land, the Division of I-and
Resources must receive an erosion and sedimen-
tation 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?
Will be submitted with final Const_21ans
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, rooftops. 19-81% Impervious Cover
List the materials, such as marl, paver stone,
asphalt, or concrete, to be used for paved
? r
s6rfaces.4_As.phalt R fnnrratP b.
h. If applicable, has a stormwater management c.
plan been submitted to the Division of En- d.
vironmental Management? YPS
e.
i. Describe proposed sewage disposal and/or. waste f.
water treatment facilities. 2-40,000 GPD Pack- g-
age Plants and LPP Effluent Disposal .System h.
j. Have these facilities received state or local
approval)? No
i.
k. Describe existing treatment facilities.
1. Describe location and type of discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial
effluent, "wash down"). Reduced Stormwater
runoff through:.a vegetative filter
15 NCAC 2 H Section .1000
m. Water supply source 2-250. GPM. Wel l s
n. If the project is oceanfront development,
describe the steps.that will be taken to main-
tain established public beach accessways or pro-
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe. below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
.1201- 4'. Be-
480t 2401 -low Mi- I
1.
M.
n.
o.
P
Amount of material to be excavated from
below water level in cubic yards 19,560 CY
Type of material- Silty Sand
Does the area to be excavated include mar-
shland, swamps, or other wetlands? No
High ground excavation, in cubic yards 1n,20
.
Dimensions of spoil disposal area a50X200X8'
Location of spoil disposal areaf)n-SitP
Do you claim title to the disposal area?-Yes_
If not, attach a letter granting permission from
the owner.
Will a disposal area be available for future
maintenance? Yat
If so, where? On Si to (See P1 a ns )
Does the disposal area include any marshland,
swamps, or water areas? Nn
Will the fill material be placed below mean
high water No
Amount of fill in cubic yards NnnP
Type of fill material N/A
Source of fill material l 18
Will fill material be placed on marsh or other
wetlands? Nn
Dimensions of the wetland to be filled N/A
q. How will excavated or fill material be kept on
site and erosion controlled? Silt fence.hay
ha1Pt and other soil erosion and sed-
iment control techniques necessary to
meet local and State requirements.
r. What type of construction equipment will be
used (for example, dragline backhoe, or
hydraulic dredge)? Dragl i ne , Baekhoe,
and Hydraulic Dredge
s. Will wetlands be crossed in transporting equip-
ment to project site? No If yes, explain steps
that will be taken to lessen environmental
impacts. N/A
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 1150 ft.
b. Average distance waterward of mean high water
or normal water level 150 ft .
c. Shoreline erosion during preceding 12 months,
in feet None
d. Type of bulkhead material _Treated Wood
e. Amount of fill, in cubic yards, to be placed
below mean high water None
f. Type of fill material N/A
8 ADDITIONAL ?NFORMA.TION
in addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
ocher instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on an 8 1/2 x 11 white paper. (Refer to
Coastal Resources Commission Rule 77.0203 for a
detailed description.)
Please note: Original drawings are preferred and on-
ly high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by applicant. (Con-
tact the U.S. Army Corps of Engineers regarding
than agency's use of larger drawings.) A site or loca-
tion map is a part of plat requirements and it must
be sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include county
road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management and should be advised by the
applicant of chat opportunity.
Name Mr. Steve Hicks
Address P.O. Box 285
Swansborn, N.C. 8584
Name Mr. Harold R CnmPr
Address P 0 Box 1253
Swansboro, North Carolina 28584
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $100 made payable, to the Department
of Natural Resources and Community Development
co cover the costs of processing the application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the pro-
ject involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS-
SION TO ENTER ON LAND
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed 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 further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter or, the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the ?S day of =I
19
X
Lan owner or Authorized agent
. r
form Gc'm.mp.?
MARINA
DEVELOPMENT
Toilets for patrons
Number
Location
Showers
moat holding tank
Type and location
pumpout
b. Describe treatment type and location for all
Attach this form to Joint Application for CAMA sanita wastewater. Parkane plant
0
Major Permit. Be sure to complete all other sec- (80,
0 GPD) Refer t Preliminary
tions of the joint Application which relate to this Engineering Report.
proposed project, including upland areas, even if c. Describe solid waste, fish offal, and trash
duplicative. All shore-based facilities must be in- disposal. Solid waste service to be pro-
cluded in application and work plats. vided refer to P.E.R.
I MARINA CHARACTERISTICS d. How will overboard discharge of sewage from
boats be controlled? Not allowed - -,i Qns
a. Check below the ripe of marina proposed. posted prohibiting such activity .
_ Commercial --Pubiic (Semi)
.-X-Residential
b. Will the marina be open to the general public? e. Give the location and number of "No Sewage
Yes Discharge" signs proposed. 12 signs Posted
c. If there is residential development associated along bulkhead spaced every 100 feat
with the marina, how many units or lots are
planned? 225 Units
d. Check all of the types of service to be f. Describe the special design, if applicable, for
provided. containing industrial type pollutants, such as
Full service, including travel paint, sandblasting waste, and petroleum pro-
lift and/or rail ducts. Containment area and proper un-
Xockage, fuel, and marine supplies derground storage .i eak prevention
-Dockage ("wet slips') only measures.
Number of slips 65
--4-Dry storage g. Where will residue be disposed of? Pumped & d i s-
Number of boats 145 posed off-site by appropriate service co.
-X -Boat ramp(s) h. Give the number of channel markers and "No
-X _Other (describe)- Boat Hoist Wake" signs proposedNone, markers in place
Note: Regulatory signs such as these require ad-
Check below the e of siting.
e. proposed ditional approval by-the N.C. Wildlife
-Land cut and access channel Resources Commission.
Open water with dredging for basin i. Give the location of fuel handling facilities and
and/or channel describe the safety measures planned to protect
Open water, no dredging required area water quality. Refer to plans-proper
--A -Ocher (describe) Enlarge exist. slip spill prevention measures to be impl e-
f. Describe the typical boats to be served (for ex- mented.
ample, open runabout, charter boats, sail boats,
Power boats 30'
i
d
)
j•
Describe design measures that promote boat
m
xe
t
yam
8 basin flushing or circulation and reduce water
g. Typical boat length
30 quality impacts. Slope of Marina bottom
h. Maximum boat length along with tide action.
i. Are any floating buildings planned? No If
so, describe. k. What will be the marina policy on overnight
and live-board dockage? Prohibited with
signs
2 MARINA OPERATIONS 1. Is the proposed marina located near any
shellfish leases? No if so, give the name and
a. Check each of the following sanitary facilities
address of the leaseholder. N/A
which will be included in the' proposed project.
X Office toilets
. t
m. If this project is an expansion of an existing
marina, what types of services are currently
provided? Yes,
Dockage Only
How many slips are now available? 12
r
N
-+-TO SWANSBORO N.C. HWY. NO. 24
CEDAR POINT
VILLAS
IO TOWW) TO MOREHEAD CITY ----rte--
I
r
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I;
NOTE:TOPOGRAPHIC SURVEY
INFORMATION OBTAINED FROM
A SURVEY BY•PATE PHILLIPS
DATED: FEBRUARY 11, 1987
SHEARWATER
for
WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA
a
0
TOPOGRAPHIC EXHIBIT
FIG. NO, I A
AN
scatE: t" = 200' HUSSEY, GAY & BELL INTL. OF S.C.
loo O IOO 200 COLUMBIA, SOUTH CAROLINA
JANUARY,1988
SHEET 1 OF 12
MATCH LINE - SEE FIG. NO. I B
MATCH LINE-. SEE FIG. NO. IA
+ -- It
i
EX/STING
CEDAR PO/NT --
V/LEAS _ -?Z-- - ----
i
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75'CAMA AEC
'IN M RS G .
EXISTING ?I 1 3 H r u
LEGEND MARINA II I 1 cn , .
ii =11 I r x w - ?.
MSL MEAN SEA LEVEL
MHW MEAN HIGH WATER ?r I { V v . 4
MLW MEAN LOW WATER
z- :MARSH v l
ROGUE SOUND Y v
Y v I
TOINTRACOASTAL 1 '
WATERWAY
?MLW v? 1
ELEVATION DATUM= MSL 0.00
MHW 1.50
SHEARWATER MLW -1.50
for
VANSBORO %VC, A WATERWAY ASSOCIATES , INC.
SITE ?
WILSON, NORTH CAROLINA
TOPOGRAPHIC EXHIBIT
N FIG. NO. I B
N ?
ATLANTIC OCEAN SCALE: I"= 200' HUSSEY,GAY & BELL INTL.OFS.C.
LOCATION MAP' 100 0 100 200 COLUMBIA, SOUTH CAROLINA
N.T.S. JANUARY, 1988
N
SHEET 2 OF12
N
N.C.
TO SWANSBORO -
E.O. P.
CEDAR PO/NT
VILLAS
NOTE:TOPOGRAPHIC SURVEY
INFORMATION OBTAINED FROM
A SURVEY BY PATE PHILLIPS
DATED: FEBRUARY 11,1987
LEGEND
c2i CON. PAD
o POWER POLE
WATER HOOK-UP
11{-j:- POWER LINE
HWY. NO. 24 (IOO R/ W)
_R/ W
-
MOREHEAD CIT YY--
L
I? ,' CAMPGROUND i PSHEDCE
SIGN `
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SHED
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EXISTING
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1
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i
,
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r
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f
1
MATCH LINE -SEE FIG. NO. 2B
R/W
COMER
COVE
SHEARWATER
for
WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA
EXISTING STRUCTURE EXHIBIT
FIG. NO. 2A
SCALE: I"= 200' HUSSEY, GAY & BELL INTL. OF S.C.
100 0 100 200 COLUMBIA, SOUTH CAROLINA
JANUARY,1988
SHEET 3 OF 12
N
r
i
EXISTING
,:EDAR POINT
n VILLAS
I 1 --- ?- -"- -? ---?
I '1
I X11,
it 11--===i?-= i
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-7F- 1
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LEGEND
EXISTING 11
""?MARINA =?I_
MSL- MEAN SEA LEVEL
MHW MEAN HIGH WATER
MLW MEAN LOW WATER
M CON. PAD
POWER POLE
• WATER HOOK-UP
-N-r?- POWER LINE
? ?r,? I ARCHAEOLOGICAL
1 . 4 SITE
ak MARSH
q,
MARS ?i
MARS NE
>i CAMA
AEC
it ?? ? \W r•t t? ? v ? I
t -?- MARSH I
BOGUS SOUND Y v
TO INTRACOASTAL " MCI, „ I
WATERWAY .?-- 1
J- -
ELEV. DATUM= MSL 0.00
MHW 1.50
M LW -1.50
SHEARWATER
for
WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA
EXISTING STRUCTURE EXHIBIT
FIG. NO. 2 B
SCALE: I"= 200' HUSSEY,GAY&BELL INTL.OFS.C.
100 O 100 200 COLUMBIA, SOUTH CAROLINA
JANUARY,1988
MATCH LINE -SEE FIG. NO. 2A
Ocus 2
-EXISTING ROAD _
II STOg? Q SHED
EXISTING
COMER
COVE
SHEET 4 OF12
N
--
N.C. HWY. NO. 24 (100' R/ W) R/W
-+- TO SWANSBORO TO MOREHEADCITK-,
EXISTING
CEDAR POINT
VILLAS
MULTI -FAMILY DEVELOPMENT DATA
TOTAL ACRES 2 1.00 AC.
TOTAL UNITS 225
TOTAL PARKING 582
MARINA - WET SLIPS 65
DRY STORAGE 145
AMENITIES - CLUB HOUSE I
POOLS 2
TENNIS COURTS 2
DENSITY II UNITS/AC.
COMMERCIAL SITE
PROPOSED WASTEWATER
TREATMENT PLANT SITE
LOW PRESSURE PIPE DISPOSAL),
EXISTING
COMER
COVE
TOTAL AREA 7.00 AC. = fARjr(-
APPROX. BLDG. SIZE 39,000 SO. FT.
I 4
LEGEND 1-7
' ASPHALT BERMS MATCH'LINE- FIG. NO. 3B
INFILTRATION.
BASIN ABSORTION FIELD AREA
SWANS80 SHEARWATER
• N ?Za
SATE "?'? WATERWAY ASSOCIATES, INC.
o WILSON, NORTH CAROLINA
PROPOSED SITE DEVELOPMENT PLAN
N o6 ATLANTIC FIG. NO. 3A
OCEAN SCALE; I"= 200' HUSSEY, GAY 81 -BELL I NTL_ OF S.C.
LOCATION MAP 100 0 100 200 COLUMBIA, SOUTH CAROLINA
N.T.S. JANUARY 1988
SHEET 5 OF 12
N
EXIST. BLDG.TO BE
USED AS TEMPORARY
SALES OFFICE.
EX/ST/N6?
CEDAR P01/VT
VILLAS
?i<
t
1 tl I
ii r? -?-
II
I I II ?? ? i -'
11 ??
LEGEND
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MLW
r =MARINA
MAINTENENCE
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y
w
w "
EXISTING
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75'CAMA
AEC
w
? IS'. . W y 1
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MARSH w 4 I
MEAN HIGH WATER
MEAN LOW WATER BOGUS SOUND Y F i
ASPHALT PAVING TOINTRACOASTAL -- t K i
LAGOONS .1 ER WAY ^•`^ ^,If???`?? i`?
BERMS `
ARCHAEOLOGICAL SITE
INFILTRATION BASIN
SHEARWATER
for
WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA
PROPOSED SITE DEVELOPMENT PLAN
FIG. NO. 313
SCALE: I" = 200' HUSSEY, GAY & BELL INTL.OF S.C.
loo o loo 2,00 COLUMBIA, SOUTH CAROLINA
JANUARY, 1988
SHEET 6 OF 12
MATCH LINE -SEE FIG. NO. 3A
EARTH DIKE
i J
N - -
4A I?- A
CEDAR
PO/NT B
V/L L AS
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r< `?°> SHEARWATER
S WANS BORO
QA WATERWAY ASSOCIATES, INC.
WILSON, NORTH CAROLINA
Q ao° DREDGING. EXHIBIT
FOR
a ob . PROPOSED MARINA FIG. 4A
ATLANTIC
. OCEAN SCALE: I" = loo, HUSSEY,GAY & BELL I NTL- OF S C.
LOCATION MAP o loo - 150 COLUMBIA, SOUTH CAROLINA
N.T.S. JANUARY, 1988
-- -- SHEET 7 nF 19
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TOP OF BULKHEAD
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FIG. NO. 413
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TOP OF BULKHEAD
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SECTION C - C
TOP OF BULKHEAD
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MEAN LOW WATER }
ELEV. 0.00 p N
DREDGING LIMITS
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NOTE:
ELEVATIONS SHOWN
ARE BASED ON MLW
DATUM.
M LW = 0.00
8 x 8 PILE, 20' LONG
2x6 DECKING W/ 1/2" SPACING
r-GROUND
2x6
2x8 4x6
L3/4" GALVANIZED ROD
X8 WALER (a 2'- O" O.C.
2x8 T.aG. SHEETING W/ FILTER
FABRIC TREVIRA S 1127 OR
EQUIVELENT
END SHEETING 4 ELEV.
201
BULKHEAD DETAIL
N.T. S.
8x8 DEADMAN PILE
SHEET 12 OF 12'
OFFICE OF COASTAL MANAGEMENT *Lat:34040129"N
FIELD INVESTIGATION REPORT Long:77005'14"W
1. APPLICANT'S NAME Waterway Associates, Inc./Shearwater Resort Comm.
2. LOCATION OF PROJECT SITE in Cedar Point, Hwy. 24, on AIWW, Bog
Sound (formerly Tommy's Campground), Carteret County; SEE_ 1984
AERIAL PHOTOS. STRIP #31, FRAME #1189 @ J-12 AND 13
3. INVESTIGATION TYPE: DREDGE & FILL X CAMA_ X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 1-30-87 2-3-88 2-17-88
(B) WAS APPLICANT PRESENT YES NO NO
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 2-26-88 (COMPLETE)
OFFICE Morehead City
Carteret County Land
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Use Plan Update - 1985
LAND CLASSIFICATION FROM LUP Transition -
Residential & Commercial
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP *SEE
THE CAMA REVIEW SECTION
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS X PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X (MARINA) NO X (CONDO)
(D) INTENDED USE: PUBLIC
(WETSLIPS)
PRIVATE X COMMERCIAL
(E) TYPE OF WASTE WATER TREATMENT: EXISTING 50 individual septic
PLANNED two 40,000 GPD Package Plant - subsurface
(F) TYPE OF STRUCTURES: EXISTING approximately 50 camper trailer
lots and 1 house
PLANNED 11 condo bui
(DRYSTACK)
X
ls, 2
tennis courts, drystack
(G) ESTIMATED ANNUAL RATE OF EROSION -0- SOURCE bulkhead & marsh
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
saltmarsh cordgrass propagation 3800 sq.ft
(B) NON-VEGETATED WETLANDS:
ditch
(C) OTHER:
highground 2 ac.
(landscape)
26 ac.
(D) TOTAL AREA DISTURBED: Approximately 28.2 acres
3800 sq.ft.
* USGS 7.5 MIN TOPO: "SWANSBORO" PHOTOREVISED 1983
e
FIELD INVESTIGATION REPORT - WATERWAY ASSOCIATES, INC./
SHEARWATER RESORT COMMUNITY
PAGE #2
8. PROJECT SUMMARY: Waterway Associates, Inc., proposes to
redevelop Tommy's Campground, a 28 acre tract of land, by
constructing a drystack storage marina with 145 slips and a
boat basin with 65 wetslips; 11 condo buildings, 225 units, a
clubhouse, 2 pools, 2 tennis courts and commercial site
9. NARRATIVE DESCRIPTION: The project site has been know for
the past several years as Tommy's Campground, located on the
south side of Highway 24, in the Cedar Point community, just
off the Intracoastal Waterway, on Bogue Sound, in Carteret
County. This 28 acre tract of land joins the east side
lines of the Cedar Point Villas Condominium/Marinacomplex
(see CAMA Permit #122-86), and the western sideline of the
Comer's Cove Mobile Home Park. The site measures
approximately 2,250' long by an average of 550' wide.
Three-quarters of the highground property is above the 15'
contour elevation as it slopes from the highway towards the
sound. The shoreline is well stabilized by an existing
bulkhead and a wide pocket marsh dominated by saltmarsh
cordgrass. Other distinguishing features of this site are
the 50 or so individual camp sites around the semicircular
driveway and the extensive open farm fields separating the
highway and the recreational area. Both the referenced
aerial photograph and the topographic map show clearly the
physical surroundings of the project site.
The international engineering and consulting firm of Hussey,
Gay, Bell &'Deyong has submitted a permit request on behalf
of the applicant listed as Waterway Associates, Inc.. The
landowner, Mr. Paul-V. Berry from Wilson, North Carolina, is
proposing to develop a marina/condominium project to be
known as "Shearwater Resort Community". Basically, the
application proposal involves constructing 11 condominium
buildings which will house 225 units. The developers have
allocated the land for the following construction activity
and uses:
1. 11 condominium buildings which will house 225
marketable units on approximately 20 acres;
2. A centralized clubhouse;
3. 2 swimming pools;
4. 2 tennis courts;
5. (2) 40,000 GPD package treatment plants and an LPP
affluent disposal system on approximately 3 acres;
r
FIELD INVESTIGATION REPORT - WATERWAY ASSOCIATES, INC./
SHEARWATER RESORT COMMUNITY
PAGE #3
6. A future commercial site near Highway 24 on
approximately 3 acres;
7. A 20,000 sq. ft. drystack storage building housing
approximately 145 slips on 1 acre of land;
8. A marina basin with dock, pier and mooring piles to
accommodate 65 wet slips consuming some 2 acres of
highground property;
9. Excavation of the access channel and marina basin will
displace about 2 acres of highground property with a
projected water depth of -4' on mean low water;
10. Construction of approximately 1150 linear feet of
wooden bulkhead will be installed to stabilize the
interior basin shoreline; and,
11. Other construction items include; a boat hoist,
boat ramp, asphalt streets and parking lots, boardwalks.
and a cabana.
The proposed project does not involve the excavation or
filling of any coastal wetlands vegetation or submerged
aquatic grass beds. Access to deep water is already
provided by the 30' to 80' wide entrance channel excavated
by Cedar Point Villas. That channel passes immediately in
front of the Shearwater property on its way to the
Intracoastal Waterway about 300' to the south. (See
Workplat Sheet 6a of 12.) In addition, it has been.
determined that the "SA" waters adjoining the project site
are closed to the harvesting of shellfish. Field sampling
within the 100' closure zone and the near vicinity revealed
no live oysters or clams. The detailed application package
includes what appears to be a comprehensive archeological
survey of the site, as well as a master plan for the
stormwater drainage. In the rear of the application package
is found Exhibit 4b illustrating on Sheet 3 of 3 the paving,
grading and drainage plans for the project site. It is here
that the applicant proposes to fill in a ditch measuring
approximately 380' long x 10' wide. It is expected that
this deep non-tidal ditch located between the marsh and the
highground property was originally excavated to obtain fill
material. Today, the ditch is very stagnant and most
certainly produces large quantities of mosquitos. Once the
ditch has been filled, the new substrate will be sprigged
with saltmarsh cordgrass to enhance the overall wetlands
value.
s?
FIELD INVESTIGATION REPORT - WATERWAY ASSOCIATES, INC./
SHEARWATER RESORT COMMUNITY
PAGE #4
10. ANTICIPATED IMPACTS: Excavation of the highground basin
will generate some 29,760 cubic yards of earthen-material.
Excavation of the 2 acre basin and access channel will not
involve the displacement of any coastal wetlands or
submerged aquatic beds. The shape, size and depth (-4'
normal water level) of the basin suggest that flushing and
water circulation will not be a problem. The project site
is located very close to Bogue Inlet and the tidal amplitude
is approximately 2.75' between mean high and mean low water.
However, the total number of wet slips at 65, may cause an
increase in the shellfish closure zone around the
entranceway to the marina.
The applicant has calculated the amount of impervious
surfaces within the LAMA 75' Estuarine Shoreline AEC to be
equal to 19.810. The new AEC shoreline will be 778' long
and will generate a total AEC area of 58,350 sq. ft., or
1.33 acres. Asphalt parking lots, driveways and boat ramps
account for most all of the reported impervious areas. A
15' to 60' wide vegetated buffer zone has been designed
along and around most of the new development, except that
area closest to the drystack storage facility. It is
anticipated that the Stormwater Management Plan will be
effective in controlling runoff from entering the waters of
Bogue Sound and the adjacent marshlands.
CAMA REVIEW: The Land Use Plan for Carteret County, updated
in 1986, was consulted in the review of this project. The
highground property involved with this development has been
given a classification class of "transition", along with two
sub-classifications of "commercial" and "residential". The
primary classification of transition allows for high-density
development with the use of a community water and sewer
system. The proposed Shearwater project involving a
condominium/marina project is similar to other developments
in the near vicinity. After review of the Land Use Plan, no
development constraints have been identified, and therefore,
the project appears to be consistent with the goals and
objectives of that document.
PREPARED BY: JAMES L. MERCER
DATE: MARCH 4, 1988