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HomeMy WebLinkAbout20021587 Ver 1_COMPLETE FILE_20020101Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: Fax #: To: V L Company: From: G G.. Number of pages including cover sheet: Notes or special instructions: 919-733-1786 919-733-6893 Fax #: Date: 2 ?00?..r?? ?/V![?111'!l Division of Water Quality, Wetlands and Stormwater Branch 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Internet: http://h2o.enr.state.ne.us/ncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper NIATF Michael F. Easley, Governor \O?0 RpG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources tom-- Alan W. Klimek, P.E. Director > Division of Water Quality D ? October 15, 2002 DWQ# 02-1587 Pamlico County Ms. Kimberlee C. Williams Whittaker Point Properties, LLC P.O. Box 218 Bayboro, NC, 28515 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Ms. William: You have our approval, in accordance with the attached conditions, to fill 0.16 and usurp 1.27 acre of non-vegetated wetlands in order to construct a residential marina with dockhouse and pool associated with a subdivision in Pamlico County, as described in your application received by the Division of Water Quality on October 1, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3371, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens or Deborah Sawyer in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. Sincerely, limek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Land Management Group, P.O. Box 2522, Wilmington, NC, 28402 021587 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 AN, 7A_ WCUM Customer Service 1 800 623-7748 MEMORANDUM TO: John Dorney Regional Contact: tom steffens Non-Discharge Branch WQ Supervisor: Bcgier Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Whittaker Point Properties LLC Project Number 02 1587 Recvd From DCM Received Date 10/1/02 Recvd By Region Project Type residential marina County Pamlico County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet - - - - Type Type Impact Score Index Prim. Supp. Basin Req. Req. - CAMA Waters O Y O N F- 27-130 SA - 30,410. _143F_ F__ ?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/COnd 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1 i DIVISION OF COASTAL MANAGEMENT - r - FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Whittaker Point Properties, LLC PROJECT NAME: Whittaker Point Subdivision 2. LOCATION OF PROJECT SITE: Pamlico County, off of Parsons Road, near the Town of Oriental, on Whittaker Creek and the Neuse River Photo Index - 2000: 78-858 (indexed by K, L, M, N - 17 thru 22) 1995: 78-854 (indexed by 0, P, Q, R - 15 thru 20) State Plane Coordinates - X: 2,694,800 Y: 474,200 Oriental Quad "LR" 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits - Many times (last time on 7/31/02) Was Applicant Present - Yes (last time no) 5. PROCESSING PROCEDURE: Application Received Complete; On - August 28, 2002 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, CS, CW (C) Water Dependent: Marina - Yes; High ground development - NO (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Bay River Metro Sewer Authority Planned - Same (F) Type of Structures: Existing - Road infrastructure located outside AECs, rock riprap Planned - Marina, clubhouse and amenities, riprap, townhomes (G) Estimated Annual Rate of Erosion: 0' to 3' Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGRD FTT .T .FD nTNRR (A) Ve ands Grading and igh Grou utside CS AEC Filling 4.82 acres (B) Non-Vegetated Wetlands Bulkhead and 55,240 ft' usurped PT and EW of Whittaker Creek rip rap 7,100 ft2 w/ 18,436 W of that shaded L(C) Other (D) Total Area Disturbed: 62,340 ft2 w/in AEC (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 53-slip residential marina with dockhouse and pool amenities all associated with a 29-lot, 52-townhome residential subdivision. - - `Y FIELD INVESTIGATION REPORT: WHITTAKER POINT PROPERTIES, LLC/PAMLICO COUNTY PAGE#2 -------------------- R- 9. NARRATIVE DESCRIPTION: Project Setting The project site is located near the Town of Oriental in Pamlico County at the confluence of Whittaker Creek (which is to the west of the property) and the Neuse River (which is to the south of the property). Windward Shores subdivision, is located immediately downstream of the tract along the Neuse River while a large undeveloped tract of land is located just upstream along the Whittaker Creek side of the property. The 46-acre tract consists of old field and woodland habitat. The southwest portion of the tract forms a peninsula with a protective shallow water cove abutting most of the western shoreline. The peninsula has been subject to severe erosion over the years. There is some 6300 linear feet of shoreline along both Whittaker Creek and the Neuse River. Nearly 10 acres of the tract is considered wetlands with much of that being Coastal Wetlands. The marsh is extensive with Spartina alterniflora, S. cynosuroides, and S. patens being the dominant vegetation. Some 300' of rock rip rap exists on the site near the spit as well as some 150' of marsh enhancement breakwater. Water depths within the cove are extremely shallow with water depths averaging -2' below normal water level (NWL), but there is a 4' to 5' contour line located some 100' off the north side of the peninsula and some 200' off the point on the north side of the cove. The entrance channel into Whittaker Creek is located just to the west of the property. The waters are classified as SA and nutrient sensitive (NSW) and Whittaker Creek is a designated Primary Nursery Area (PNA). The area is closed to shellfishing. There were no SAVs noted at the project site during the site visit. There is a known archaeological site located on the narrow spit of land leading to the peninsula point. The project as proposed is subject to the North Carolina Environmental Policy Act and a Finding of No Significant Impact was issued by the Department of Administration on August 14, 2002. During the EA process, the applicant made several commitments to minimise potential impacts of the project. These will be addressed later in this report. Project Description Whittaker Point Properties proposes to develop a 53-slip residential marina associated with a 29-lot and 52-townhome subdivision within the cove of Whittaker Creek. The project is proposed in phases with phase 1 involving 21 lots and the marina, phase 2 involving 8 lots and 24 townhomes, and finally phase 3 involving 28 townhomes. The marina would be located only 50' from the navigational channel leading into the "boat abundant" Whittaker Creek. Amenities associated with the proposed marina include a bathhouse and pool, a bulkhead and rip rap shoreline and a gazebo. - - .- FIELD INVESTIGATION REPORT: WHITTAKER POINT PROPERTIES, LLC/PAMLICO COUNTY PAGED ----------------------------------------- Access to the 53-slip marina would occur along the northern side of the cove at one of the few sections of high ground shoreline. A 12'-wide gravel path some 190' in length would lead to the main access that is also 12' in width. The "funky-shaped" structure would include a total of 500' linear feet of 12'-wide access leading to three' "piers" of docks measuring 8' in width and some 130', 265' and 410' in length respectively'. An 8'- wide platform would be located at the end of each dock that measures 65', 110', and 110' respectively. The first dock would have 6 slips - five @ 18' X 40' and one @ 30' X 35'. The second dock would include 22 slips - twelve @ 20' X 50'; four @ 16' X 35'; and two @ 30' X 35'. The third dock would include eleven @ 20' X 50'; seven @ 18' X 40'; six @ 16' X 35'; and one @ 30' 35'. Access to the slips would be facilitated by construction of 24 finger piers some 3.25' wide. Half of the finger piers would be 24' in length and half would be 30' in length. The applicant proposes to bulkhead 70' of high ground shoreline along the marina access pier at a 2' average distance offshore. The bulkhead would be 2' above grade and the fill material feathered back into to grade. An additional 460' of high ground shoreline along the cove and spit would be stabilized with riprap at a distance of 6' offshore of the NWL. Minimal backfilling is proposed along these sections of shoreline. Finally, another 840' foot of eroding marsh (mostly along the spit area) would be stabilized with riprap placed at grade along a 5' alignment. No backfill is proposed along these sections. All high ground development except for the 12'-wide gravel path and a 12' X 12' open gazebo proposed along the spit some 30' from the NWL is located outside of the Coastal Shoreline AEC. Wastewater treatment facilities would be provided by Bay River Metro Sewer Authority and according to the applicant this has been extended into phase 1 of the project. Water would be provided by the Pamlico County Water System. No wetlands are proposed to be filled by the proposal. A Stormwater Certification was issued on 3/13/00 for phase 1 and a Sedimentation Erosion and Control Plan approved for .phase 1 " on 9/15/99. Anticipated Impacts The project as proposed would result in the grading and filling of over 4.8 acres of high ground outside the Coastal Shoreline AEC for the streets, marina parking area, bathhouse and pool, gazebo, and the 52 townhomes and associated parking. Construction of the marina would usurp approximately 55,240 ftZ of Public Trust Areas of Whittaker Creek by the many docks, slips and finger piers. Approximately 18,436 ft2 of Estuarine Waters would be shaded by construction of the docks and piers. Although the marina is proposed to be located outside the entrance channel into Whittaker Creek, there is the potential to adversely affect small boaters not using the channel. Similarly, the marina could impact crab potters, fishermen and other small boaters, kayaks etc. that currently use the area. FIELD INVESTIGATION REPORT: WHITTAKER POINT PROPERTIES, LLC/PAMLICO COUNTY PAGE#3 ----------------------------------------- Anticipated Impacts cont. The bulkhead and riprap installation would result in the filling of approximately 7,100 ftz of shallow estuarine bottom. Impervious coverage within the Coastal Shoreline would be less than 1 %. During the EA process, the applicant in an attempt to minimize the affects of the marina on the PNA, produced an Operations and Maintenance Manual to be used at the Whittaker Point Marina. Included in that manual are commitments to monitor various parameters within Whittaker Creek including water quality and fish and benthic macroinvertebrate sampling (the manual is attached to the back of the application). M. Ted Tyndall orehead City Office - September 24, 2002 I I AUG 2 8 2002 PROJECT NARRATIVE WHITTAKER POINT RESIDENTIAL S Pamlico County, NC 1. INTRODUCTION Whittaker Point Properties proposes to create a small residential community that has convenient access to an open water marina. The proposed development of this site will include constructing 81 individual lots and townhomes as well as a residential marina that provides 53 boat slips, a dockmaster station with a bathhouse and a pool, a bulkhead, rip rap, a gazebo, and a pumpout station that will be open to the public. The Whittaker Point project will create waterfront homes for permanent and summer residents as well as satisfy Oriental's overall need for additional boat slips. H. EXISTING CONDITIONS The project site is located near the town of Oriental in Pamlico County, at the confluence of Whittaker Creek and the Neuse River, which is in the Oriental quadrangle. This tract is approximately 46 acres and consists of old field and woodland habitat, a protective cove, and 6300 linear feet of shoreline (NWL) along Whittaker Creek and the Neuse River (Figure 1). Of the 46 acres, 9.9 acres are wetlands, which are found on the western and northern sections of the tract. Soils present include Hobucken muck in wetland areas and Dogue fine sandy loam and Altavista loamy fine sand in upland areas. Udorthents soils are found on the sand spit that divides the cove from the Neuse River (Figure 2). Dominant vegetation within the wetland areas include Spartina altern flora, S. patens, S. cynosuroides, Baccharis halimifolia, and Myrica cerifera. Upland areas are either fields or woodlands that consist mainly of Pinus taeda, Liquidambar styraciua, Acer rubrum, Smilax spp., Eupatorium capillifolium, and Andropogon virginicus. The primary land use for this property has been agriculture. This land has been in cultivation for at least the past 75 years. The tract is owned by Whittaker Point Properties, LLC and was purchased from Miles C. and Janice S. Shorey. The southern sectio 7AUG in June of 1999 and the northern section was acquired in March of 2001. Q 8 2002 The waters adjacent to the site are classified as SA and nu ntct ue S by MOREHEAD the NC Division of Water Quality. This area is also classified as a primary nursery area (PNA) by the NC Division of Marine Fisheries. The SA classification means that the waters are suitable for shellfishing for market purposes, recreation, and aquatic life propagation. However, these waters have been historically closed to shellfishing. The NSW classification means that the waters may be more susceptible to eutrophication and require limitations on nutrient inputs to the area. The PNA classification means that a variety of juvenile finfish and shrimp develop in these waters. M. PROJECT DESIGN AND OBJECTIVES Whittaker Point Properties proposes to create a small residential community that has convenient access to an open water marina. The proposed development of this site will include constructing 29 single family lots located in the middle of the tract and along the Neuse River. In addition, 52 townhouses that are each 75'x 25' will be constructed. Therefore, 81 units are planned for the entire tract in three development phases (Figure 3). Development will also include a residential marina that provides 53 boatslips (Figures 4 & 5), 28 parking spaces, a dockmaster station with a bathhouse and a pool (16'x 32' with a 12' apron) (Figure 6), a 12'-wide gravel footpath leading to the marina, and a pumpout station that will be open to the public. Other construction activities planned within the property include building a small gazebo (Figure 7) and placing an additional 310' of rock revetment (230' wetlands; 80' uplands) and 70' of bulkheads, (Figure 8) within the cove and 990' of rip rap rock revetment (610' wetlands; 380' uplands) along the sand spit in order to protect these areas from erosion (Figures 9, 10, & 11). IV. POTENTIAL ENVIRONMENTAL IMPACTS The proposed project has been designed to minimize environmental impacts as much as possible. No dredging will occur in the construction of the public/community marina. The planned fixed pier will not inhibit the free movement of aquatic species within the creek or reduce habitat 2 iR= I ranges. All slips will be located in waters greater than 4.0' NWL and sailboats a i E slips that are in waters at least 5.0' NWL (Figure 4). AUG 2 8:2002 No freshwater or coastal wetland impacts are anticipated in the Residential lots and the entrance to the marina have been carefully planned aroun wet s aHZa 75-foot Pamlico County zoning setback line has been established. The Neuse River buffer rules of 50 feet from high coastal marsh will also be observed along the southern edge of the property. In addition, the applicant will minimize the dumping of hazardous waste in the water by providing a free public pump out facility to eliminate boat owners pumping waste into the water and by employing a trained dockmaster on site who will be knowledgeable in avoiding and controlling oil/gas spills. A comprehensive Operations and Maintenance Manual has been written that includes regulations for the marina as well as procedures to follow in case of a spill. Additionally, the applicant will perform monitoring to assess water quality throughout the marina.. No fuel sales or commercial boat services that could introduce toxic substances will be allowed. Deed restrictions will be placed on waterfront lots that prohibit individual piers along the waterway. The applicants also desire to stabilize the eroding spit of land and shoreline around the cove by installing rock rip rap revetments. Some rip rap has already been installed along the spit via a CAMA improvement permit. Without this action, the spit would have been eroded by previous storms and any protective benefits to aquatic resources that this cove currently provides would have been lost. They will also plant marsh grass on the sandy overwash material along the spit to keep it from spreading over the cove's bottom in order to slow down the existing river breach that has already occurred and to help stabilize this protective cove. During late winter or early spring of the first year of construction, plugs ofSpartina alterniora will be extracted from dense stands that exist along other sections of the spit. These plants will then be immediately replanted in denuded areas. Because of the measures taken by the applicants to minimize and monitor environmental impacts, the North Carolina Division of Coastal Management has issued a Finding of No Significant Impact on the Environmental Assessment for the project. Form DCM-MP-1 L APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Whittaker Point Properties, LLC Address P.O. Box 29-51`5' 77,14V City Bayboro State NC Zip 28515 Day Phone (252)745-5115 Fax b. Authorized Agent: AUG 2 8.2002 Town of Oriental, near Whittaker Creek c. Street address or secondary. road number. Off of Parsons Road d. Is proposed work within city limits or planning jurisdiction? X Yes No- e. Name of body of water nearest project (e.g. river, creek, sound, bay) Whittaker Creek, Neuse River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name Land Management Group, Inc. Address P.O. Box 2522 City Wilmington State NC Zip 28402 Day Phone (910)452-0001 Fax (910) 452-0060 c. Project name (if any) Whittaker Point Subdivision NOTE. Permit will be issued in name of landowner(s), andlor project name. 2. LOCATION OF PROPOSED PROJECT a. County Pamlico b. City, town, community or landmark a. List all ' development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Phase 1: roads, 21 lots, marina, 16'x32' pool (with 12' concrete apron); bathhouse/dockmaster office, gazebo, rip rap, 10'x190' gravel footpath;. Phase 2: 8 lots, 24 townhomes. Phase 3: 28 townhomes. b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Residential d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See Deviously submitted EA / EA addendum and attached project narrative. Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 46 acres b. Size of individual lot(s) 0.5-2.08 acres c. Approximate elevation of tract above MHW or NWL 7 feet d. Soil type(s) and texture(s) of tract Udorthents, Hobucken muck in wetlands; Dogue fine sandy loam & Altavista loamy fine sand in uplands e. Vegetation on tract Spartina alterniflora- coastal wetlands; Acer rubrum. Smilax sp.- 404 wetlands; Pints taeda, Andropogon virginicus- uplands. f. Man-made features now on tract Rock rip rap revetment: fields, old road, remnant farm buildings. g. What is the CAMA Land Use Plan land classification of the site? (consulttheiocal landtaepian.) Conservation Transitional Developed Community X Rural Other, h. How is the tract zoned by local government? R-1 1. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compltaace certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes _X-No If yes, by whom? SHPO has requested an assessment around the spit. k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes No AUG 2 8 2002 v If yes bd? m. Describe existing wastewater treatment facilities. Sewer lines have been extended into Phase 1 through Bay River Metro Sewer Authority. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, Sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff will sheet flow over tract with no direct discharge. o. Describe existing drinking water supply source. Shallow wells 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: * A copy of the deed (with state application only) or other instrument under which the applicant claims title, to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. * An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 %i" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to Coastal h) ( er 404 , has a e (Attach es doimentation, if available Revised 03/95 k-?_ Form DCM-MP-1 the site. Include highway or secondary road (SR) numbers, landmarks, and the like. * A Stormwater Certification, if one is necessary. * A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided Name Mr. Miles Shorev Address P.O. Box 266, Oriental, NC 28571 Phone Name Windward Shores III (Miles Shorey) Address 604 Showy Dr., Oriental, NC 28571 Phone Name Address Phone * A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. See attached sheet * A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to . cover the costs of processing the application. * A signed AEC hazard notice for projects in oceanfront and inlet areas. * A statement of compliance with the N .C. Environmental Policy Act (N.C.G.S.113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North AUG 2 8 2002 Carolina 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved CoastalManagernent Program and will be conducted in a manner consistent with such program, I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. ' This is the u Y?,6" daay of 1-* 2-0 Z_ PrintName I (e e 0, Signature -?^-f owner or Author ed Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Finial Existing Project Length Width Depth Depth Access channel N/A N/A N/A N/A (DILW) or (NWL) I Canal Boat Basin I Boat Ramp NIA I N/A I NIA I N/A N/A I N/A I N/A I NIA N/A I N/A I N/A I N/A N/A N/A R ;t Rock Groin N/A N/A Rock Breakwater x Other (Excluding N/A N/A N/A N/A shoreline stabiliz- Revised 03/95 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? If yes, (1) Amount of material t Form DCM MP-2 Yes Nb ° ? AUG 2 8.2002 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead X Riprap b. Length 310' of rock revetment (230' wetlands; 80' uplands) and 70' of bulkhead (uplands) within the cove, 990' of rip rap rock revetment (610' wetlands; 380' uplands) along spit. c. Average distance waterward of MHW or NWL d.Maximum distance waterward of MHW or NWL 5' e. Shoreline erosion during preceding 12 months 0to3' f. Type of bulkhead or riprap material Rock riprap; Wooden bulkhead g. Amount of fill in cubic yards to be placed below water level (1) Riprap - 120 CY (2) Bulkhead backfill N/A h. Type of fill material Granite i. Source of fill material Mine 4. OTHER FILL ACTIVITIES (Excludim Shoreline Stabilization) N/A a. Will fill material be brought to site? (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Use of silt fences and new bulkhead walls b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Pile driver, backhoe, and dump trucks. c. Will wetlands be crossed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. A designated work corridor will be used, mats will be placed on wetlands to reduce impacts. W?u'?k-ems ?o?nf Sa.6d;vrs?o?? Applicant or Project Name Signature ZZ b z Date Revised 03/95 T =- Form DCM MP-3 AUG 2P 8 2002 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, For DCM-MP-1. 'Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Phase 1: 21 lots, 1 bath house/dockmaster office, 18'x32' pool w/ 12' concrete apron, marina, bulkhead, rip rap, gazebo. Phase 2: 8 lots, 24 townhomes. Phase 3: 28 townhomes. b. Number of lots or parcels 29 lots pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 0 (In conjunction with County setback) h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted Issued 3/13/00 (Phase 1) i. Describe proposed method of sewage disposal. Connect to Bay River Metro Sewer System c. Density (give the number of residential units and the units per acre) Phase 1: 16.1 ac and 21 units; density is 0.77 units/ac d. Size of area to be graded, filled or disturbed including roads, ditches, etc. Phase 1: 3.82 ac (see Stormwater Plan); Phase 2: approx 1 ac for roads, to be determined for additional lots (applicant will amend Stormwater Plan for Phase 2 and 3 and request a modification to CAMA Major permit). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted Approved 9/15/99 (Phase 1) f. List the materials (such as marl, paver stone, asphalt, or concrete ) to be used for paved surfaces. Concrete g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as j. Have the facilities described in Item I. above received state or local approval? Yes (Attach appropriate documentation) k. Describe location and type of proposed discharged to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff- approved Stormwater Permit (Phase 1) 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Pamlico County water system m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is an oceanfront development, when was the lot(s) platted and recorded? NA WIVUe'r ?4+ 3111L_V riah Applicant or oleo Name . Signature Q w ?z? ate Revised 03195 Form DCM MP-4 STRUCTURE- S (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1)_Commercial_X_Community Private (2) Number 1 (3) Length 440' (4) Width 12' (5) Access Piers X Yes No (i) Number 3 (ii) Length 130', 265, 410' (iii) Width 10' (6) Finger Piers(s) X Yes No (i) Number 24 (ii) Length 20-35' (iii) Width 3' 3" (7) Platform(s) X Yes No (i) Number 3 (ii) Length 110', 110', 65' (iii) Width 8'-10' (8) Number of slips proposed 53 (9) Proximity of structure to adjacent riparian property lines 100' (10) Width of water body 2000' (including cove) (11) Water depth at waterward end of pier at MLW or NWL 4.0'-5.0' b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length AUG 2 8.2002 (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL, or wetlands e. Mooring buoys N/A (1) Commercial -Community Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure(boatlift, mooringpilings, etc.) (1) -Commercial X Community _ Private (2) Number 24 (3) Length _ 24" (4) Width 14"-16" g. Other (Give complete description) Uy d t ?a a lt' S k1o d. I/[-S v? Appli t or Project Name Signature Date Revised 03/95 t. r_ Form DCM MP-6 MARINA AUG 2 $ ZooZ DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. h. Maximum boat length 50' i. Are any floating structures planned? No If so, describe 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial Public X Residential b. Will the marina be open to the general public? X Yes No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed?_ Phase 1: 21 lots. Phase 2: 8 lots. 24 town homes. Phase 3: 28 town homes. None currently developed. d. Check all of the types of services to be provided Full service, including travel lift and/or rail _ Dockage, fuel, and marine supplies X Dockage ("wet slips") only Number of slips 53 Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin and/or channel X Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types). Sail boats, small motor boats. g. Typical boat length 35' 2. MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. X Office toilets X Toilets for patrons Number 2 Location In bathhouse, near parkiniz for marina X Showers X Boat holding tank pumpout Type and location Roll away carts located at end of each dock b. Describe treatment type and disposal location for all sanitary wastewater. Septic tank approval for Phase l: site has approval to tie into Bay River Metropolitan Sewer System and will use this system when it becomes available. c. Describe the disposal of solid waste, fish offal and trash disposal. Pamlico County waste disposal system d. How will overboard discharge of sewage from boats be controlled? Trash collecting facilities at marina: A portable pump out unit will be located at the marina office and will be free of charge to homeowners: Dockmaster to monitor disposal. e. Give the location and number of "No Sewage Discharge" signs proposed 4, end of each dock Revised 03/95 r. Form DCM MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products: Booms for spills No painting or sandblasting allowed. g. Where will residue from vessel maintenance be disposed oft No vessel maintenance in marina. h. Give the number of channel markers and "No Wake" signs proposed. 2 i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. No fuel-handling facilities j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Fixed pier will not obstruct prevailing S.W. to N.E. winds k. What will be the marina policy on overnight and live-board dockage? Not permitted 1. Is the proposed marina located near any shellfish leases? Yes X No m. If this project is an expansion of an existing marina, what types of services are currently provided? N/A n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery area? X Yes No p. Is the marina proposed within an area open to shellfish harvesting? Yes X No q. Give the location and number of "Pumpout Available" signs proposed. 3, end of each dock Applicant or Project Name Signature Date AUG 2 8 ,2002 Revised 03/95 r AU G 2 8 2002 Land Management Group, Ina Whittaker Point Properties, LLC Figure 1. Topographic map, Endmunwnral Consultants Marina and Residential Subdivision Oriental quadrangle. Wilmington, N.C. CAMA Major Permit Application June 2002 . Pamlico County, NC i A f' :n ?R nnq z ~w wQh l! d r ,?' _ ? ?, t i p Fad ,r„ R ry'. AaA ?N LC .l?" ?W?,i I" 1 f f cA? gr ?7B ..' V / ? y`*?F'S S4 rF?Yt? M',V 1 ' 1 xb r0 F .. p ? :. :Yi i r Z?.,, 'Z'4 ?,? `?' i?? °h a. y i F -' r ,t F +?rt?ntal 4 f a y Y' hi Y ? ? vT?1?`'??' `f 1 ? ? t U111y,e IR?'?` ?°?,? ? ? ,???UB Erne SariClykl4azr? ?4 a?, " kxi?aati '?,5' a '??taistar"Gamy fuze and 0 - 1000 ` 2000 R ; ?F000 „?r?,q SCALE"??" 2a00' d? 6 AU G 2 8 2002 3 AOP *- Land Management Group, Inc. ?COASIALN P?oiff operties, LLC Figure 2. SCS Soil Survey Enviivmnental Consultants Marina and Residential Subdivision of Pamlico County. Wilmington, N.C. CAMA Major Permit Application June 2002 Pamlico County, NC r 4 ? ?SCALE V = 100' 4 Water depths taken by Mr. Henry Frazer o 5/22/02 using a depth finder during low ti e. X40 ?o s J? I 4 V? `y 44", 4 78" so s iffv- r ; i hh ,p a O-W ao ' s?.?• to BFlORrLJNX rAStE usER/VER & WHnTAKJM CREFJC Pthe taken by De Innis Fornes and Assoc., Professional Land a? g, on 7/24/98 unless otherwise noted. I ttaker Point Properties, LLC a and Residential Subdivision Figure 4. Marina site plan, including water depths t[A Major Permit Application Pamlico County, NC Handrail NH)h NOTE: The fixed pier will be constructed with CCA treated Depth of pilings per contractor. Figure 5. Cross section of marina. n o C r FIR QO > c Horizontal Scale: 1" = 15' K N Vertical Scale: 1" = 5' Z 41 Land Management Group, Into Environmental Consultants Wilmington, N.C. June 2002 Whittaker Point Properties, LLC Marina and Residential Subdivision CAMA Major Permit Application Pamlico County, NC Land Management Group, Inc. Whittaker Point Properties, LLC Figure 6. Bath house and Envtromnenw consultants Marina and Residential Subdivision dockmaster office. Wilmington, N.C. CAMA Major Permit Application June 2002 Pamlico County, NC k i Q fr U -? o a ?v r?"z 74 ? G o r - P-4 Q o a r 0.0 x ? a CD 03 ' ti w N U 0 g C! W 14 O b4 4-k O - b O E FTE D ? AU G 2 8.2002 o U COASTAL EMENT ? d to W 1 1 LERS EATED 12' 1 PILING rROOVE LTHING 2 CLOTH Notes: 1. The bulkhead alignment will follow the CAMA staked Normal High Water (NHW) contour with an average of 2' below NHW and no greater than 5' below NHW. It will be located landward of all coastal wetlands. 2. Proposed bulkhead would be raised 2' in elevation above the existing grade, to allow for tie-back and anchor installation. Backfill will be clean material. E Cy EYE AUG 2 8 2002 COASTAL MANAGEMENT SCALE lit = 5' Land Management Group, Ina Whittaker Point Properties, LLC Figure S. Cross sectional view EnvfformenW Consultants Marina and Residential Subdivision of the bulkhead. Wilmington, NC CAMA Major Permit Application June 2002; revised August 2002 Pamlico County, NC to 0 y R AUG 2 8 2002 COASTAL MANAGEMENT x t? 0 O ::I. N O O cD N Land Management Group, Ina Whittaker Point Properties, LLC Figure 9. Cross sectional view Emiromentd Consultants Marina and Residential Subdivision of rip rap revetment adjacent Wilmington, NC CAMA Major Permit Application to wetlands. August 2002 Pamlico County, NC N YY hil Existing Breakwater ;y y?. SCALE 1" = 200' Figure 11. Approximate location of existing and requested rip rap and bulkhead within tract. b C Co N M 0 N Land Manage nr- rvt*, Euvlm menW Cansnltants Wilmington, N.C. June 2002; Revised August 2002 no= Requested rip rap (1300') Spit: 990' (610' wetlands; 380' uplands) Cove: 310' (230' wetlands; 80' uplands) Requested bulkhead (70') ?R?vec ® Existing rip rap Rip rap permitted on 7/23/02 Coastal wetlands. (Wetlands along spit are marked as observed by DCM during a recent site visit.) El Marsh enhancement area Whittaker Point Properties, LLC Marina and Residential Subdivision CAMA Major Permit Application Pamlico County, NC Horizontal Scale: 1" = 6' Land Management Group, Inc. Whittaker Point Properties, LLC Figure 12. Typical cross section of 40'-slip Environmental Consultants Marina and Residential Subdivision with finger pier and mooring piling.. Wilmington, N.C. CAMA Major Permit Application August 2002 Pamlico County, NC R 40' slip •; ? S. t>t Whittaker Point Residential Marina Operations and Maintenance Manual Pamlico County, NC Prepared for: North Carolina Department of Natural Resources Raleigh, NC Prepared by: Land Management Group, Inc. Wilmington, NC June 2002 Table of Contents List of Figures and Appendices; . .......................................................................................... ii 1.0 Introduction .......................................................................................................................1 2.0 Marina Operations ............................................................................................................1 3.0 Water Quality Management ..............................................................................................2 3.1 Live-aboards ..................................................................................................................2 3.2 Sewage Pollution Management ....................................................................................2 3.3 Pump Out Facilities .......................................................................................................3 3.4 Potable Water Supply ..................................................................................................... 3 3.5 Fueling System and Facilities and Oil Pollution Management ........................................3 3.6 Water Quality Monitoring ............................................................................................:.3 3.7 Stormwater Management ............................................................................................... 3 4.0 Contingency Plan for Spills of Oil and Other Hazardous Substances .............................3 5.0 Marina Rules and Regulations ...........................................................................................4 i List of Figures and Appendices Figure 1. Vicinity map ................................................................................................................5 Figure 2. Marina site plan ................................................... Appendix A. Monitoring Parameters at Whittaker Creek Appendix B. Contingency Plan for the Spill of Oil or Other Hazardous Materials i Whittaker Point Marina Operations and Maintenance Manual 1.0 Introduction >_x This Operations and Maintenance Manual describes the procedures to be used at the Whittaker Point Marina, a residential open water facility associated with the Whittaker Point residential development. It is the intent of this document to outline proper procedural operations designed to ensure an environmentally sound operation. This manual was developed using best management practices (BMPs) recommended by the North Carolina Clean Marina Program, the Division of Coastal Management, and the North Carolina Sea Grant. This manual is designed to serve as a guide to marina personnel, specifically the dockmaster, and for the information of others who may have an interest in marina operations. Individual initiative and discretion, within the guidelines established, shall be used in those situations where the following procedures do not apply, or should not be applied. 2.0 Marina Operations The Whittaker Point Marina is located near the town of Oriental at the confluence of Whittaker Creek and the Neuse River, in Pamlico County, North Carolina (Figure 1). The facility contains 53 slips. The water depth is approximately 4.5 to 5 feet throughout the structure. Slip size varies (3005 (4), 20x50 (23), 18x40 (16), 1605 (10)) and is based on water depth, with larger slips being located in deeper water (Figure 2). The marina is part of the Whittaker Point residential development and is intended for use by residents and their guests only. The marina office is located adjacent to the marina itself (Figure 3) and copies of this document will be available there. daily. The hours of operation for the Whittaker Point Marina are 8:00 a.m. to 5:00 p.m., The marina staffing consists of one dockmaster, whose name and telephone number shall be noted on the back of this document. The Whittaker Point Marina maintains an experienced marina operator, designated as the dockmaster. The dockmaster shall be responsible for assuring that the marina is operated and maintained in accordance with the requirements presented in this manual at all times. The marina operator and the Whittaker Point Marina are responsible for compliance with all specifications and conditions in the permits and the principles and procedures established in this manual. The Dockmaster shall have a complete copy of the CAMA Major permit at the marina, including this manual and all specifications and conditions or requirements placed on the permits. The dockmaster shall inspect the marina at least once daily to insure compliance with the manual. The dockmaster will report all violations promptly. i 3.0 Water Quality Management The Whittaker Point Marina shall comply with anywater quality monitoring programs required by the CAMA permit. It is the intent of the marina to maintain an environmentally sound marina operation. The Whittaker Point Marina is located within waters that are classified as SA and nutrient sensitive waters (NSW) by the NC Division of Water Quality. This area is also classified as a primary nursery area (PNA) by the NC Division of Marine Fisheries. The SA classification means that the waters are suitable for shellfishing for market purposes, recreation, and aquatic life propagation. However, these waters have been historically closed to shellfishing. The NSW classification means that the waters may be more susceptible to eutrophication and require limitations on nutrient inputs to the area. The PNA classification means that a variety of juvenile finfish and shrimp develop in these waters that require minimal bottom disturbance. Restrooms (one women's and one men's facility) are located at the marina office/bath house. There are no fish cleaning stations at the marina facility and overboard dumping of bait and chum will not be allowed. The marina pump out station consists of a hand-operated portable unit. The unit is free to the public and is equipped with an attached transfer tank mounted on wheels to facilitate sanitary system discharge. Controlled discharge will be completed through the use of septic tank pumpers. Additionally, "No Overboard Discharge" and "Free Pump out Available" signs will be posted at several sites throughout the marina including the terminal end of the southwest dock. 3.1 Live-aboard Live-aboards are strictly prohibited at Whittaker Point Marina. 3.2 Sewage Pollution Management The dockmaster shall monitor and ensure that no refuse of any kind is thrown into the marina basin or the extended cove area. Improper disposal of garbage will be sufficient cause to refuse service to any boat operator or to cancel their slip lease agreement. Appropriate garbage containers are available throughout the marina. Major boat repairs, paint scraping, boat painting, and other activities that could cause a discharge into State waters will not be permitted at the Whittaker Point Marina. The doclamster is responsible for enforcement of these rules. In the event of a discharge, the dockmaster will take appropriate action including notifying the appropriate Local, State, and Federal agencies if necessary (a list of relevant phone numbers will be readily available at the marina office). Regulations and penalties for non-compliance will be posted throughout the marina property. 2 3.3 Pump-out Facilities The Whittaker Point Marina sewage pump-out facility is a portable unit and will be located at the marina office. This equipment will be placed at the end of the southwest dock during weekends. 3.4 Potable Water Supply Potable water is supplied to the marina slips by the Pamlico County water system 3.5 Fueling System and Facilities and Oil Pollution Management Whittaker Point Marina does not provide fueling services nor maintain fuel storage facilities. Portable fuel containers can be transported across the docks on an as needed basis. Although the marina does not provide fueling services, proper spill containment, cleanup, and reporting procedures will be followed during any spill event. The names and addresses of the nearest Division of Water Quality and Coast Guard offices will be posted on site. 16 Water Quality Monitoring A water quality monitoring program will be instituted as required by NCDENR and all results of the monitoring will be submitted to the appropriate agencies in an annual report. If at any time sampling indicates a water quality problem at the marina, the dockmaster will attempt to locate the source of the problem If he/she determines that water quality degradation is resulting from a marina related activity, he/she shall institute corrections or controls and include the measures implemented in the water quality report to the agencies. A list of parameters to be measured during the monitoring program is given in Appendix A. 3.7 Stormwater Management The Whittaker Point Marina is associated with the Whittaker Point residential development, which includes both lots and townhomes. Development within this site is planned in phases. Phase 1, which includes 21 lots, several roads, and the marina, has already received NC Stormwater and Sedimentation and Erosion Control permits. Permits for all other future phases will be acquired prior to beginning construction and in no case will stormwater be directed into the marina cove/basin. 4.0 Contingency Plan for Spills of Oil and Other Hazardous Substances The marina's oil spill contingency plan is included in Appendix B. 3 5.0 Marina Rules and Regulations 1. All boats in the marina shall be operated according to the NC Wildlife Resources CommissionTaules and Federal and State navigation laws. In addition, the dockmaster will be trained in safe boating practices. 2. The maximum speed for boats in the marina shall be five miles per hour. 3. The speed limit for all motor vehicles on marina property shall be fifteen miles per hour, unless otherwise posted. 4. No unauthorized motor vehicles shall be allowed on the piers at any time. 5. Smoking shall be prohibited in posted areas. 6. Docks shall be kept clean of obstructions at all times. Gear storage lockers to be used on docks, including their location on the',docks of the marina, shall be approved by the dockmaster only. 7. Fishing, shrimping, or crabbing from the piers or docks is prohibited unless authorized in certain areas by the dockmaster. 8. No detergents, oils, spirits, flammable liquids, or other pollutants shall be discharged in the 9. No garbage shall be thrown, discharged, or deposited in the marina. 10. Boat owners and operators shall be responsible for putting all refuse in the containers provided, and maintaining their leased area in a clean condition. 11. No horseplay, boisterous or loud disturbances shall be allowed in the marina. 12. Tampering with, altering, or damaging any utility service is prohibited. 13. Alteration, renovation, repairs, etc. to the leased space shall be prohibited. 14. Conducting business or professional services from any vessel or watercraft from the dock is prohibited unless otherwise authorized. 15. All approved fees and charges for marina services, including dockage, shall be posted at the marina office. 16. All boat owners shall enter into a standard form of agreement and registration with the Whittaker Point Marina for rental of dock space. 17. Berths shall be assigned by the dockmaster. No assignments of berths shall be changed, except by the dockmaster. 18. All appeals from orders, decisions, or actions of the Whittaker Point Marina or any notice of intent to vacate on the part of the boat owner shall be made in writing to the dockmaster. 19. If the Whittaker Point Marina is compelled to refer any unpaid accounts to an attorney for dockage fee, collection fees, and any other marina charges incurred by the boat owner then the Whittaker Point Marina shall, in addition, be entitled to charge reasonable attorney fees incurred in collection of amounts due including interest. 20. The marina's attorney will also help the dockmaster in clarifying these rules and recommending means of enforcement via cancellation of contracts to slips and prescribed penalties for spills and discharges to estuarine waters, as enforced through a lease agreement. 4 r T - Y?a°" (ar?'c[Hy?"t+dt'aSi i. 15 \ t t .yy _ .t J. I .Y^ 1/ P F C+_??. ( ??F\?, ; ? Po.p,ir ?.'.. 1. ?t L4! ` ' 1 "eq ylwnt, 7• ?lW,gc6 F,err, t . f, ,'? Y lY 4 h.. , . ?'}.u A I?( R1 ??7•.v. ?r? Vii.. k +i?s t E ?- ? .. ?-?`.....-?•t_-j t.- ?'3??1 .'111 D t ?} O AT.A, `! ` `?.?g( c ?3' ?t! z i.?.• ' _q..+a'.s+ i )`4 I-r v,• t 1-,.1? 1 w =.:-???1 ?' •../.+''?\ ?!! 4 .... ? it - `. f r e E 1 F t IRV Laren \i, ` 101 `rt "/' I?idl=-?G.?Yi7'1F1 zIr- R if Zz Land Management Group, Inc. Weer Point Properties, LLC Figure 1. Vicinity Map Environmental Consultants Marina and Residential Subdivision Wilmington, NC Pamlico County, NC June 2002 Water depths taken by Mr. Henry Frazer using a depth finder during low t es?? ? ? a>?sn zftoq <C2 I SMCRT l rAw r &LS . 7"KR,IVMW & WNTMAK= OfArK e hs taken by Dennis Fones and Assoc., Professional Land on 7/24/98 unless otherwise noted I SCALE 1 =100 . r.? Sao ' 3.4"'•.x.. Figure 2. Marina site plan. ittaker Point Properties, LLC la and Residential Subdivision Pamlico County, NC Y ? I Appendix A. Monitoring Parameters at Whittaker Creek Appendix A. Monitoring Parameters at Whittaker Creek In order to assess the effects hat the Whittaker Point Marina may have on the environment, two stations within the Whittaker Point project area will be monitored. One station will be located in shallow water near the edge of the cove and the other will be located in deeper water in the middle of the marina (Figure 1). An additional station will be located further upstream of the marina within Whittaker Creek and will act as a reference station. General site information will be collected annually between July and August. The biotic data will be collected annually between May 15th and June 15 to follow established DMF protocol. The water quality data will be collected weekly during the summer and monthly during all other seasons. Monitoring will occur prior to project construction and for three years after construction is complete. At each sampling station, the following data will be collected: General Site Information Location- latitude and longitude Water depth Bottom type- sediment sample analysis with percent sand, silt, and clay and percent organic matter - Bottom and surface temperature - Tidal fluctuations- Wind tide levels will be measured and recorded every two hours using an automatic tide gauge. Information will be graphed annually. - Turbidity/Sedimentation/Suspended Solids Water Qualify Dissolved oxygen taken at surface, mid-column, and bottom Salinity pH Biotic Samnlin - Fish sampling- Protocol will match Division of Marine Fisheries' sampling methods. An otter trawl will be used to collect fish samples. Tows will be one minute in duration and calibrated to span 75 yards. Samples will be taken during daylight hours at the same tidal stage. All species will be identified and counted. For the economically important species, a random subsample of 30-60 individuals of each size group will be measured to the nearest millimeter. Crabs will be measured on their backs. Benthic macroinvertebrate sampling- Protocol will match Division of Water Quality's sampling methods and will include both boat and shore work. A petite ponar dredge will be used at each sampling station, with three replicates at each location. Sandy samples will be processed through a fine mesh sampler. Three f sweeps will be collected from bank habitats at each site, sampling as much of the edge habitat as possible. Other areas to be included are roots and areas of debris. Leaves and other large particulate organic matter are to be rinsed in a wash bucket. Macrophytes and well-colonized logs should be washed down and processed through the fine-mesh sampler. These macroinvertebrates will be sent to a certified lab for species identification and tolerance analysis (EPT and NCBl). ll C J . I as h Appendix B. Contingency Plan for the Spill of Oil or Other Hazardous Materials F a I Appendix B. Contingency Plan for the Spill of Oil or Other; Hazardous Materials The Whittaker Point Marina-will conduct its operations in such a manner to encourage all individuals who handle material to prevent spills through planning, good housekeeping, adequate equipment, proper maintenance and safe operations of related equipment. Upon receipt of a spill notification, the marina shall initiate the proper and immediate response action to assist at the spill site. Notification shall be made by the dockmaster to all other persons, agencies, industries and/or businesses throughout the State, who could possibly be affected by the spill. In cases in which the spill material may have a detrimental effect on air quality and/or threaten drinking water supplies, notification is made at the proper program area by the On Scene coordinator (OSC) or his designs. Procedure for Reporting a Spill of Oil and/or Hazardous Material Step 1: Anyone observing a spill (including the spiller) should report the spill immediately. Listed below are the agencies and phone numbers to call: - NC Dept. of Environment and Natural Resources; Division of Waste Management (919) 733-4996 - U.S. Coast Guard at Station Hobucken, NC (919) 745-3132 - National Response Center (800) 424-8802 - Environmental Protection Agency, Atlanta, GA (404) 347-3004 Step 2: When contact is made with the above agencies, report the following information as completely and accurately as possible: - Location of spill Source of spill Time of spill Volume of spill Potential hazard of spill - Has spill been contained? - Has spill material reached a body of water? - Responsible party's name, address, telephone, official to contact, etc. - Weather conditions at spill site Note: BE SURE TO RECORD THE NAME OF THE AGENCY STAFF RECEIVING THE ABOVE INFORMATION AND THE TIME OF THE REPORT. Step 3: If the spill report is not made by the dockmaster, the reporter will communicate the above information to him as soon as possible. At that time, the dockmaster will coordinate all further Whittaker Point Marina activities in response to spill control. Spill Containment and Cleanup It is the responsibility of the spiller to properly contain and cleanup the spill in a timely and diligent manner. Containment involves building dikes, deploying booms and other barriers to prevent the spread of the pollutant, limiting access to only authorized persons if a hazardous situation exists, and other measures to minimise health and environmental damage. Removal of the spill material from the site usually involves physical measures such as skimmers, sorbing materials, and other mechanical means of removaL Vacuum trucks are an ideal means of removing quantities of the pollutant pools behind a barrier, with the exception of pollutants with a very high or very low viscosity. In circumstances in which extreme fire danger, other unusually hazardous circumstances exist or severe environmental damage may result from physical cleanup, other cleanup methods may be employed as approved by the OSC. Disposal Disposal of the pollutant and/or pollutant contaminated material will be in a manner and location as approved by NCDENR Division of Waste Management. Cost Recovery In very unusual circumstances, the containment and cleanup of a spill may be done by the Whittaker Point Marina. If a spill is from either an unknown source or if the spiller is unable or unwilling to take the proper actions to contain and/or remove the spill, and the spill is not reaching a body of water, the OSC has the authority to activate any or all portions of the Emergency Response Team in order to accomplish spill cleanup activities. Personnel from State or Federal Agencies and/or private spill cleanup contractors may also be requested to assist in the containment and cleanup of the spill. Once cleanup operations have been completed and the spiller has been identified, the Whittaker Point Marina will initiate actions to recover all cost incurred by the marina. n R , 1 SPILL HANDLING PROCEDURES When spilled material is not identified, assume it is hazardous and DO: 1. Rope off area, or otherwisoxprevent contact of anyone or anything with spilled material. If it is a gas, dust or volatile liquid, evacuate surrounding and downwind area. If a dust or powder, cover with canvas, plastic sheets or other material. 2. Provide first aid, decontaminate with soap and water, remove contaminated clothing and take anyone affected by the spilled material to the nearest emergency hospital. Note where they are sent. 3. In a safe manner, find out what the spill material is. 4. Detain vehicle from which spill occurred. Note any contaminated cargo. Detain persons and property who have contacted spilled material. 5. Report incident to fire, police, and health agencies, and ask for assistance. 6. If spilled material is not identified, assume it is hazardous. DO NOT: 1. Wash unidentified material off roadway into a waterway or sewer without official authorization. 2. Handle leaking container or go into truck van without full protective clothing and self-contained breathing apparatus. 3. Walk in spilled material or otherwise contaminate skin, boots, clothing or vehicles. 4. Allow vehicles to ride over spill. 5. Allow anyone to eat or smoke near the spill or provide source of ignition. When Spilled Material is Identified, DO: 1. Obtain expert advice on what the hazards are and deal with them accordingly. Health agencies, fire departments, and chemical manufacturers can provide advice, assistance and information. 2. Forward the name of material to the hospital or doctor to which anyone was sent because of exposure. 3. Notify manufacturer of spilled chemical and request services of an expert . decontamination team. When Spilled Material is Identified, DO NOT: 1. Attempt to clean up any toxic material without adequate protective clothing and appropriate equipment. 2. Wash any material into a waterway or sewer without official authorization. iii Development Type FEE DCM % DWQ % 143001601435100093 1625 6253) (243001602 435100095 2341 1. Private, non-commercial development that does not involve S250"-- 100% (5250) 0%($0) the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands or open Water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below applies: III(A). For Private, non-commercial development, If General water Quality 5250 100%(S250) 0% ($0) Certification No.33.01 (see attached) can be applied: III(B): For public or commercial development, if General water Quality Certification No.3301 (see attached) $400 100%($400 ) 0%($0) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and 5400 60%(S240) 40%($160) written DWQ concurrence is needed because of concerns related to wdter quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) S400 60% 240) 40%($160) can not be applied: IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or S475 60% (5265) 40%($190) (5190) open water areas: V s j NCDENR u North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 27, 2002 MEMORANDUM TO: John Dorney Division of Water Quality, Wetlands/401 Unit FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW Applicant: WHITTAKER POINT PROPERTIES, LLC' Project Location: PAMLICO CO., OFF OF PARSONS ROAD, NEAR THE TOWN OF ORIENTAL, ON WHITTAKER CREEK AND THE NEUSE RIVER. Proposed Project: CONSTRUCT A 53-SLIP RESIDENTIAL MARINA WITH DOCKHOUSE & POOL AMENITIES ALL ASSOCIATED WITH A 29-LOT, 52-TOWNHOUSE RESIDENTAL SUBDIVISION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 17, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper _ - - ~ - sc stir.:. ~ •~i'•.~ • ,~j',/ ,~j',/• A ,i'' / • ~ ~ . /j.•1~ •/j ~ ~ 116/ • \ ~o ° }~p~,~ SYF3~ .•Y9~i~~ --'41tY9 / ~ • / S1 'S. g. \ ~Z / ~J~ ~ wr3z ~ . ~ ~ a ~ , ~ ~ •/i' wFa . y~ • f? ~ 4 TEIE DOLPHIN COMPANY y • ' ~ i/ } / / • S8d2 / ~ WF31 I . t~ ' ~ • N WPl9 \ ' Y \ ' , / 'y' G ~ ~ , ~ ,~i? ~ t9 / . r• ~ - / Mateh eilSNnp aikh 6rrert @3. ,VR38 •/i e'F19 wesa wesa ' ` ' 4 WF44 , ~ ./i•,/' ~ Wr39 TBV10 . \ R WF11 . , •-~43 1~~ 1 ~ ~ PHASE 3 / .y \ $ 19 a ti°~ b wrap x7! ~ r, 5 ply ' 28 TOWN HOUSES} / ~ WP16 8 \ ~ ~ Y//~ 8 ~ ~ \ ~ ~,,c~ • ~ xFS~ttvsu , ,w ~ C'' ' A°ti5~1 ~~j 6 ~r , W8'15` r ' S pA4~ s ;R1 0 ~ ° y~ wr3L1 1a ~i ~ ° o ,l~ 6 ~b'~i / Section 404 Wei 4~ ct WFl action 404 Wetlands ~ ~ ' = c~°'i'S 5' ~ 1 1 ~ I _ 6~ ' Inv, h?3.S i ~y WP1 / ~ N' I 'y 5983 ~ ~rl S S / ~ r~ WF33A ' I ~ x~ 5~9 ~ ~,y~A ~ ~ Lot boandarles along mean high water atNeuse Rlver I. 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N., ~ 1 c 11,sos ~q.e~,-.~ . .s, ~ ~ / . MARINA. ~ sn3 .Ad, PARKING ~ ~ cF is 5723 ~ d 27931 aq.G. ~ u; l / • - . . 23,985tq.R P ..1` ~ ~68. ~ ® ST d ~ , y ra 13,650 sq.ft. t c 4 - CF-1 • \ © ~ 3 (vv 3 26,061 sq.ft / • ,jam. ~r p • ~ / aL ~ 3 ti INA Q FOOTPATH TO OFFICEBATH HOUSE AND MAR , '~1 1 ~ ~ a ® ~ L42 .y ^s9 . CJ ~ ' 3s7s~ .a / ~ ~q - ~ ~ ~q ~ ~ ~ p / ~ ~ , . 4© v ~ / 6,1 6 yA5 b9 $5A 'v. M 5 9 ~ M PHASE 1 3 N. COASTALWETLANDS ' ~ " r~ ~ y _ , (LOTS 2~ROADS, AND MARINA) .e~, .aa TT K 3,Za WHI AKER CREE 0 o372U ' \ ,pn~ -aa ~ 4T8 ~ 170 c g'0 -1 ~ i ~ b~ , Y di . -1 47s ~ ~ ,A~s 53-SLIP MARINA ~ ~ t .ne. 9 J ~r ~Ad. ~ -A~ FI RE . ~LF~9 `i.7-q Master Devel m n Plan o et ~ ~ m ~ J A v 3 Whittaker Creek Pro ernes p ~ Scale 1" =100' June 2002 S8916'S6"W 226.A1' an ana ement rou nc. GAZEBO i nsultants Environmental Co . •aA, ~ Wilmington, NC .aa .e~, ~ ~ WHI R INT P P Marina and Rpsidpntial subdivision CAMA Major Permit Application -AAW -AAV Pamlico County, NC ennis Fornes & Associates Professional Land Surveying, P,o. Box 12947, New Bern NC 28561 N~ 0