HomeMy WebLinkAboutVer _Complete File_19890517
.? nnrta
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 May 1 7 , 1 98 9 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
MEMO TO: Jo Parker
FROM: ill Mills 46?"
SUBJECT: Application for CAMA Permit
McLean Marina/Paxon Holz, Executrix
Carteret County
The Subject application has been reviewed for water quality
impacts and the following comments are offered:
a) Based upon review of the modified application to
decrease the proposed boat slips in Basin I to 25
slips and the DHS memo of May 3, 1989 on this
project, we do not expect the permitting of Basin
expansion to 25 slips to result in additional
automatic closure of open shellfishing waters. On
the basis of prior discussions with Bob Benton the
area around Basin II is not expected to be
automatically closed. Permitting of these
facilities is not expected to result in violations
of the Antidegradation Policy due to DHS Marina
Policy. Earlier objections are hereby removed.
I
b) It is imperative that this marina be operated and
restricted in such a way as to avoid discharges of
sewage from boats into these waters. A locked head
policy should be required and vigorously enforced.
A boat pump out facility should be provided.. Signs
should be posted along the docks advising of the
locked head policy and the location of the sewage
pump out facilities. There should be no live-
aboards allowed at this marina.
BM/kls
McLean.mem/vol.l
cc: Jim Mulligan
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
f
r w ?
? STAT(o?
North Carolina Department of Human Resources
Division of Health Services
P.O. Box 2091 • Raleigh, North Carolina 27602-2091
James G. Martin, Governor May 3, 1989
David T. Flaherty, Secretary
MEMORANDUM
TO: John Parker ,fj
FROM: Linda C. Sewall)IJ
Assistant Chief
Environmental Health Section
SUBJECT , 7',ean '.Project
Carteret County
Ronald H. Levine, M.D., M.P.H.
State Health Director
By letter of April 27, 1989, Mr. Larry Zucchino advised our Shellfish
Sanitation Unit that the number of slips to be included in the Upland Basin portion
of the McLean Marina project has been reduced from 27 to 25.
will require us to recommend
Based on this reduction, our marina policy
closure of 200' in all directions
1989 memorandum to you,of
indicated by our April 28 parts
the marina rather than 275'
Our other previous comments still apply.
If you have any questions, please let me know.
LCS/lh
cc: Mr. Robert G. Benton
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
April 25, 1989
M E M O R A N D U M
TO: John Parker ,
FROM : Bill Mills
SUBJECT: Application for CAMA Permit Modification
McLean Marina/Paxon Holz, Executrix
Carteret County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. This project is located in shellfishing waters
that have an existing shellfishing use according
to information available to this office. DHS
advises that automatic closure of shellfish waters
will extend out 275 feet in all directions from
all structures and pilings within Basin Area I.
Such a closure.will extend 75 feet beyond the
existing 200 foot closure area. Such an
additional closure and loss of shellfishing use
of this area is in violation of the
Antidegradation Policy of the FMC's Water Quality
Standards (15 NCAC 2B .0201). The area around
Basin Area II is expected to be automatically
closed by DHS marina policy according to Bob
Benton.
b. Stormwater management for this project was
approved March 29, 1989.
BM/dbp
cc: Preston Howard
0
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: April 6, 1989
To: Bill Mills
Operations Bra h
Donald Safrit
From:
James H. Gregson S
Wilmington Regional Of ice
Through: Preston Howard
Wilmington Regional Office
RECEIVED
APR 1 01989
WATER QUALITY SECTION
OPERATIONS BRANrH
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 8903-6
McLean Marina/Paxon Holz, Executrix
Carteret County
PROJECT DESCRIPTION: The applicant has submitted a set of
revised application plans for the McLean Estate Marina. The
initial CAMA application was placed on 'administrative hold' on
September 23, 1988. The total number of boat slips has been
reduced from 89 to 56 (27 slips in basin I, and 29 slips in basin
II). The developer has assigned restrictions on boats in basin
II, to include no boats over 21 feet and no boats with heads.
ADJACENT WATER BODY: Bogue Sound
CLASSIFICATION: SA STATUS: Open
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
It is recommended that the project be denied based on the
fact that there will be an automatic closure of productive
shellfish areas, extending out 275' in all directions from all
structures and pilings within basin area I. This would be an
increase of 75' above the 200' of existing closure area. Basin
II should have no closure based on DHS Marina Policy, according
to Bob Benton of Shellfish Sanitation.
A Use Attainability Analysis for the proposed changes has
been completed and attached.
A stormwater management plan for this project was approved
on March 29, 1989.
JHG:trw
cc: DCM - James L. Mercer
WiRO, CF
TO: Bill Mills
Operations Branch
Division of Environmental Management
Use Attainability Analysis for
Proposed Marina Projects in Class SA Waters
Project Name
Section I
(Check all Appropriate Boxes or fill in Blanks)
Project Description
A. New Marina Marina Expansion
B. New Basin (dug out of high ground)
(Include Specifications and Sketch)
Existing Basin Expansion
(Include Specifications and Sketch)
Natural Waters
,.,-'Others (Please describe below)
, 14
- - _ v v
C. Proposed No. Slips
Existing No. Slips
X- .
D. -V/1` Commercial Marina
Private Marina
Publicly Owned Marina
Other (Please describe below)
E. Description of Any Unique Characteristics or Operational
Proposals.
Section II. Existing Use Determination (for waters outside of marina basins)
A. Closure Status (Check One)
Open Waters
Closed Waters (By Data) Date Closed
Closed Waters (DHS Marina Policy)
r
B . Will the proposed project result in additional closed
acreage? (Please attached analysis showing calculations
for area of closure.)
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.
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?
Yes No Unknown
E. Is the entire area to be impacted by the proposed project
currently unavailable for shellfishing because of the DHS
Marina policy or other irretrievable man induced impact?
Yes _ No
If yes, briefly describe below.
Section III. Attainable Use Determination (To be completed only if the answer
to ILA A is Closed Waters (by Data), and if the answers to I I . C and
II. D are No).
A. What are the major sources of pollution causing the closure?
B. What actions are required to reduce or eliminate these existing
sources of pollution?
B . Will the proposed project result in additional closed
acreage? (Please attached analysis showing calculations
for area of closure.)
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.
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?
Yes No Unknown
E. Is the entire area to be impacted by the proposed project
currently unavailable for shellfishing because of the DHS
Marina policy or other irretrievable man induced impact?
Yes No
If yes, briefly describe below.
Section Ill. Attainable Use Determination (To be completed only if the answer
to II. A is Closed Waters (by Data), and if the answers to II. C and
II. D are No) .
A. What are the major sources of pollution causing the closure?.
B. What actions are required to reduce or eliminate these existing
sources of pollution?
T
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EDGEWATER COUNT
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CONTEXT MAP 5'•2100'
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PROPOSED MARINA PLAN
W.W. McLean Estate
CAPE CARTERET
EWANEiORO, NORTH CAROLINA
? a
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 I I . 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?
A q
This analysis and recommendation has been prepared by the Wilmington Regional
Office.
'-,"I Date
?/sags
This evaluation of the attainability of s ellfish uses in the waters in the vicinity
of is approved by:
Water Quality Section Date
Director's Office Date
R. Paul Wilms
Director
MAJOR MODIFICATION
DIVISION OF COASTAL MANAGEMENT *Lat:34°41'09"N
FIELD INVESTIGATION REPORT Long:77°03105"W
* * * * *
1. APPLICANT'S NAME McLean Marina/Paxon Holz, Executrix
2. LOCATION OF PROJECT SITE Hwy. 24, Cape Carteret, Lejeune Road,
SR 1270, old ferry landing, Deer Creek, Bogue Sound, Carteret;
* SEE 1984 AERIAL PHOTOS, STRIP #31, FRAME 1187 @ M-16.
3. INVESTIGATION TYPE: DREDGE
4. INVESTIGATIVE PROCEDURE:
& FILL X
CAMA X
(A) DATES OF SITE VISIT 3-6-89
(B) WAS APPLICANT PRESENT NO
(MODIFICATION)
5. PROCESSING PROCEDURE: APPLICATION RECEIVED March 6, 1989
OFFICE Morehead City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Carteret County
LAND CLASSIFICATION FROM LUP Transition-Residential/Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP SEE CAMA REVIEW SECTION
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(MARINA)
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
blockhouse &
(E) TYPE OF WASTE WATER TREATMENT: EXISTING septic tank
PLANNED upgrade septic system
(F) TYPE OF STRUCTURES: EXISTING ferry landing boat slips & dock
PLANNED new docks & piers/bulkhead & excavation
(G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE bulkhead
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS A
DREDGED REA
FILLED OTHER
NONE
(B) NON-VEGETATED WETLANDS: (PIER) sq.
Basin #1 14,750 sq.ft 13,875 ft.
sq.
Basin #2 13,125 sq.ft 11,250 ft.
(C) OTHER: (SPOIL) (DEVELOP)
Highground 8,750 s q.ft 0.89 ac.
(D) TOTAL AREA DISTURBED: Ap proximately 2.1 ac. of 5.6 ac.
8. PROJECT SUMMARY: The applicant proposes to develop a commercial
marina with 2 basins on 5.6 acres at the old ferry landing, on
Deer Creek/Rocky Run, between Lejeune Road and Live Oak Drive,
Cape Carteret. Carteret Countv .
* USGS 7.5 MIN. TOPO 'SWANSBORO' 1983
FIELD INVESTIGATION REPORT - McLEAN MARINA/PAXON HOLZ, EXECUTRIX
CARTERET COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION: The Raleigh based consultant firm of
Paton/Zucchino & Associates, P.A., has submitted a set of
revised application plans for the McLean Estate Marina. The
initial CAMA application was placed on 'administrative hold'
at the developers request on September 23, 1988. The
proposed changes to the basic project are considered
significant, and therefore, warrant a major modification and
review by the agencies. An effort has been made to reduce
the overall scope of the development and redesign the
component activities to be consistent with State and Federal
concerns. The proposed McLean Marina is located on Deer
Creek, just off Bogue Sound, at the old ferry landing, at
the end of Lejeune Road, in the Town of Cape Carteret.
The following items are highlighted as significant changes
to the permit request:
1. The overall number of boat slips has been reduced from
89 to 56. Originally, there were 40 slips proposed for
Basin I. The revised plans have,eliminated the
extended pier and restricted the number of slips to
only 27. Basically, the configuration of the
boardwalk, finger piers and mooring piles within the
basin will remain the same. Basin.II is located some
350' east of Lejeune Road, at the end of Live Oak
Drive, which will become Holly Lane. Originally, there
were 49 boat slips designed for Basiri II. This portion
of the project has been modified to allow only 29 slips
to be constructed along the shoreline. A series of
offshore docks, piers and mooring piles accommodating
20 boat slips has been eliminated from the revised
plans. In addition, the developer has assigned other
restrictions on boats in Basin II. Boats must be less
than 21' in length with no onboard heads (toilets).
2. The overall amount of public trust waters occupied by
the project has been significantly reduced from 56,667
sq. ft. to 27,875 sq. ft. This is demonstrated by
eliminating the requirements for dredging 3 open water
areas between Basin I and II. The applicant has
calculated a reduction in dredge spoil from 4,527 cu.
yds. to 2,600 cu. yds. Another 32,000 sq. ft. of
occupied surface waters has been eliminated with the
redesign of the docks and piers in the 2 basins. The
original project plans located lengthy offshore docks
and piers adjacent to an existing sea grass bed. This
could have increased the chances of adverse impacts to
the sea grass beds by focusing boat wakes and prop wash
near the slips. This potential problem has been
eliminated by the modified plans.
FIELD INVESTIGATION REPORT - McLEAN MARINA/PAXON HOLZ, EXECUTRIX
CARTERET COUNTY
PAGE #3
3. The surface waters of Bogue Sound and Deer Creek in and
around the project area are classified by the Division
of Environmental Management as 'SA'. Deer Creek, just
4.
west of Basin I, is free from pollution and open to the
harvesting of shellfish. The applicant has taken the
liberty to show on the revised plans a 100' closure
zone around the outer perimeter of Basin I. According
to the applicant, it may be possible to develop Basin I
without additional closures to shellfish waters. In
addition, it is anticipated that the marina activities
in Basin II will meet the exclusionary policy of the
Division of Health Services causing no closure on that
side of the project.
The surface waters of Bogue Sound, in and around the
project site, have been made a candidate for the
Outstanding Resource Waters (ORW) classification. This
designation has occurred since last summer when the
original application=was submitted to, -the 'Division of
Coastal Management. In response to that concern, the
applicant has also reduced the overall amount of
impervious surfaces within the CAMA AEC from 25.8% to
21.2%. This has been accomplished by eliminating the
concrete walkways and replacing the remaining
structures with elevated wooden boardwalks. Most of
the original highground development remains the same,
except for the location and size of the proposed spoil
disposal site. The spoil disposal site has been
reduced in size and moved out of the 100' buffer zone
around the private well site.
10. ANTICIPATED IMPACTS: The total scope of the proposed
project with the 2 basins has been significantly reduced
through the modification process. The redesign in dredging
requirements and construction of docks and piers greatly
reduces the potential long-term impacts of adjacent eel
grass beds and productive shellfish waters and habitat.
CAMA REVIEW SECTION: The status of the Land Use Plan for
the Town of Cape Carteret remains the same as described in
the original DCM Field Report dated July 27, 1988. The
highground property remains classified as
'Transition/Residential, and the surface waters as
'Conservation. However, there are negotiations underway
FIELD INVESTIGATION REPORT - McLEAN MARINA/PAXON HOLZ, EXECUTRIX
CARTERET COUNTY
PAGE #4
between the Town and the applicant to develop an amendment
to the Land Use Plan that will accommodate the marina
project at least generically while underscoring the
requirements for maintaining water quality standards of the
ORW candidacy.
PREPARED BY: JAMES L. MERCER
DATE: MARCH 13, 1989
. • • .
PATON / ZUCCHINO
February 28, 1989
Mr. James Mercer
N.C. Division of Coastal Management
P.O. Box 769
Morehead City, NC 28557
RE: McLean Estate Marina
Permit Application Revisions
Dear Mr. Mercer:
--------------- -----» . , .._
Accompanying this letter are the revised plans for the McLean
Estate Marina. The revisions to the marina plans address the
major objections to the various State and Federal agencies
that reviewed the initial submittal. In order to expedite
your review I will briefly highlight these changes.
1.) The proposed number of slips has been reduced from 89
to 56. The -amount:of public.trust-waters occupied by
the project has been reduced from 56,667 square feet.
to 26,425 square feet. The amount of dredge material
has been reduced from 4,527 cubic yards to 2,600 cubic
yards.
2.) The existing upland basin has been designed to avoid
the requirement for any additional closure of
shellfish waters by the Division of Health services.
3.) The open water docks to the east have been redesigned
to provide 29 slips for boats less than 21 feet in
length with no on board heads. It is our
understanding that DHS will not recommend any
additional closure of shellfish waters as a result of
the improvements as described above.
4.) The eight foot concrete walks originally specified
adjacent to the bulkheads have been changed to six
foot slatted wooden boardwalks, reducing the amount of
impervious surface within the AEC from 25.8% to 21.20.
Laiul T'lal(((ill"
Lan(lscalw Arcl(iic(•IuI'll
Gm1wr S(luare
17 Glcmmo(1 Ave.
llalci;,l(. N.C. 27003
919-8,31-8020
Consider this letter a request to reopen the agency review of
the McLean Estate Marina put on administrative hold by our
letter of September 23, 1988. Please contact me if you
require any further documentation or need clarification of
any revisions shown on the plans. Please note that revised
plans will be sent to adjacent riparian land owners by
certified mailing.
Sincere y,
V -
Peter Williamson
Paton/Zucchino & Associates, P.A.
CC: Paxon Holz
attachments: 16 sets of revised plans
$100 permit fee
w' s 1W
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
September 28, 1988
M E M O R A N D U M
T0: John Parker
s
FROM: till Mill
SUBJECT: Application for CAMA Permit
McLean Marina/Paxon Holz, Executrix
Carteret County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. The proposed project does not require a Water
Quality Certification.
b. The stormwater runoff information provided in the
application is insufficient to perform the review
for compliance with the Rules in 15 NCAC 2H .1000..
Additional information was requested on this
matter on September 20, 1988. Until this
information is received, we cannot determine the
potential for stormwater runoff impacts.
C. Information available to our staff from Shellfish
Sanitation Branch indicates that, should the
project be permitted, an automatic closure of
productive shellfish areas extending out 400 feet
from all structures and pilings within the marina
will occur. Such a closure would result in a loss
of an existing use of these waters. This loss
would constitute a violation of the
Antidegradation Policy of the EMC's Water Quality
standards (15 NCAC 2B .0201).
d. On the basis of the violation of Antidegradation
Policy, we recommend that the permit be denied.
Should denial not occur quickly, we recommend that
the application be placed on hold pending
submission of the requested information on
stormwater runoff.
BM/dkb
cc: Preston Howard
DIVISION OF ENVIRONMENTAL MANAGEMENT/',"
SE'P?1 EMBER zQ? 1ggH 'g ay
' F !•} . 6
64iV i55Z47_e
MCI
-
SWA't/5"01 Nx7ll C?4et>L/Itll? Z8S8q
Subject: Project No. esoa 1S
M LEAH M R\M IA
CAR-1 ER ET C ounty
Dear Sir:
The Environmental Management Commission (EMC) recently adopted
new stormwater regulations which became effective on 1 January
1988. The new rules will affect much of the development taking
place in the 20 coastal counties. Any development project _
located in a coastal county that is required to submit a
Sedimentation and Erosion Control Plan to a State, County or City
review agency, must comply with the newly adopted Stormwater
Regulations.
The Division of Environmental Management has received a copy of
your Sedimentation & Erosion Control Plan _(or your Stormwater
Management Plan) for the subject project. At this time your
submittal concernin%.Stormwater Management:
_ Appears to be complete, and your project will be reviewed as
/soon as possible.
? Is not complete. The following information is needed to
complete your submittal. Please submit the following items
within 30 days, or your project will be returned as
incomplete.
_? For projects using density limits approach..
? A site plan that clearly indicates all built-upon
areas, (i.e., streets, driveways, walkways, building
footprints, etc.).
Computations showing the percent built upon areas,
both existing and planned.
? A copy of deed restriction(s) and restrictive
covenants which include the State as a beneficiary.
The attached submittal form should be completed for
?'projects using the density limits approach.
other
IVOiQ r l Zt_?..
For projects involving an engineered Stormwater
Management System.
Plan and profile drawings of the collection and/or
disposal systems.
MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 22, 1988
Bill Mills
Operations Branch
James H. Gregson 3MC-e
Wilmington Regional Office
Donald Safriacvl-
Wilmington Regional Office
° C3 P-
nr AUJ2 ?:? 088
1AIATEF 0 n i
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
McLean Marina/Paxon Holz, Executrix
Carteret County
Project Description: The applicants propose to develop a
commercial marina in the Town of Cape
Carteret.
Adjacent Water Body: Bogue Sound
Classification: SA Status: Open
The project has been reviewed to determine impacts to water
quality. The following comments are provided:
It is recommended that the project be denied based on the
fact that there will be an automatic closure of productive
shellfish areas, extending out 400 ft. from all structures and
pilings within the marina, according to Bob Benton of Shellfish
Sanitation.
A Use Attainability 'Analysis has been completed and
attached.
No information concerning stormwater management has been
received by this office.
cc: DCM - James L. Mercer
WiRO, CF
DIVISION OF COASTAL MANAGEMENT * Lat:34°41109"N
FIELD INVESTIGATION REPORT Long:77003105"W
1. APPLICANT'S NAME McLean Marina/Paxon Holz, Executrix
2. LOCATION OF PROJECT SITE Hwy 24, Cape Carteret, Leieune Road,
SR 1270, old ferry landing, Deer Creek, Bogue Sound, Carteret
County; SEE 1984 AERIAL PHOTO, STRIP #31, FRAME 1187 @ M-16
3. INVESTIGATION TYPE: DREDGE & FILL X CANA X
4. INVESTIGATIVE PROCEDURE:
(A) DATES OF SITE VISIT 6-24-88 7-14-88
(B) WAS APPLICANT PRESENT YES NO
5. PROCESSING PROCEDURE: APPLICATION RECEIVED July 6, 1988
OFFICE Morehead City
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Cape Carteret 1987 LUP
Transition-Residential/
LAND CLASSIFICATION FROM LUP Conservation
DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP SEE
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 NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X (MARINA)
(E) TYPE OF WASTE WATER TREATMENT: EXISTING
PLANNED upgrade; new septic field across
(F) TYPE OF
PLANNED
(G)
s
EXISTING old ferry landing sli
iers/bulkhead & excavation
ANNUAL RATE OF EROSION N/A SOURCE bulkhead
7. HABITAT DESCRIPTION:
AREA
(A) VEGETATED WETLANDS DREDGED FILLED OTHER
saltmarsh cordgrass - pier 1040 sq.ft
(footprint)
(B) NON-VEGETATED WETLANDS: sq. (Public Trust)
submeraed bottomland 43,560 ft. 2.0 ac.
surface water
(C) OTHER: (Spoil) (Develop)
highground 18,000 sq. 5.6 ac.
ft.
(D) TOTAL AREA DISTURBED: Approximately 7 acres
dock
* USGS 7.5 MIN. TOPO "SWANSBORO" 1983
Computations or other criteria used to support
design of the system.
Volume of runoff.
Volume of containment/disposal system.
Dewatering time of containment/disposal
system.
Length of vegetative filter strip needed.
Other
Supporting data concerning the hydrogeology of the
site:
Seasonal high water table.
Infiltration capacity - saturated hydraulic
conductivity.
Other
Drainage pattern(s) for design storm event, and
drainage pattern(s) for runoff in excess of design
storm event.
A complete stormwater maintenance manual including
responsible party, quantitative and qualitative
criteria which would indicate when corrective
maintenance is required, and a periodic maintenance
table as needed.
A proposed monitoring program for the system.
Other
Please be reminded that construction of the subject project may
not commence prior to approval of the Stormwater Management Plan.
We will make every attempt to assist you in any way we can. If
you have any questions, please call I(A, gk E! 4/,tvgS at
telephone number (919) 256-4161.
Sincerely,
Donald Safrit
Regional Water Quality Supervisor
DS:mb
cc: WiRO, CF
Bill Mills
FIELD INVESTIGATION REPORT - MCLEAN MARINA/PAXON HOLZ, EXECUTRIX
PAGE #2
8. PROJECT SUMMARY: The applicant proposes to develop a commercial
marina with 2 basins and 89 boat slips on 5.6 acres at the old
ferry landing, on Deer Creek-Rocky Run, between Lejeune Road and
Live Oak Drive,-in Cape Carteret.
9. NARRATIVE DESCRIPTION: Paton/Zucchino & Associates, P.A., of
Raleigh, N.C., has submitted a State application on behalf of the
William B. McLean Estate to develop a commercial marina in the
Town of Cape Carteret. Mrs. Paxon McLean Holz is the Executrix
to the Estate and appears as the applicant.
The project site to be known as the McLean Marina is located at
the old ferry landing, just off Highway 24, at the end of SR
1270, the Lejeune Road, on Deer Creek/Rocky Run, a tributary of
Bogue Sound. The 5.6 ac. tract of land contains some 1,140 ln.
ft. of shoreline situated between Live Oak Drive to the east and
Lejeune Road to the west. The referenced USGS Topographic Map
and the aerial photography can provide the review agency
personnel with a clear orientation of the project to the
immediate surroundings. In brief, the permit request is for the
expansion and improvements of an existing marina currently used
by commercial shrimpers, fishermen and recreational boaters. The
project plans include 2' boat basins with 89 boat slips. A list
of other improvements and new structures include docks, piers,
mooring piles, bulkheading, dredging, 2 boat ramps, a ship's
store, 2 parking lots and other marina services.
In terms of background information, it has been determined that
the old ferry landing was originally developed by the North
Carolina Department of Transportation in 1963. The land for the
ferry project was donated by the late Mr. William B. McLean. The
DOT Ferry provided vehicular access across the sound to Bogue
Banks up until 1971 when the D. Cameron Langston Bridge was
completed linking Highway 58 in Cape Carteret with the Town of
Emerald Isle. At that time, all of the lands associated with the
DOT Ferry operation reverted back to the McLean ownership. The
1984 aerial photography referenced on the cover sheet of this
report shows clearly the dredged ferry slip, the turning basins,
and the access channel leading in from the Intracoastal Waterway.
Spoil material from that original dredging operation was placed
on Hunting Island, the 2500' long island immediately west of the
access channel. This'32 ac. island has been part of the McLean
Estate over those past several years. Since the ferry closed
down some 18 years ago, few, if any, improvements have been made
to the bulkheaded basins or the docks, piers and mooring piles.
The lack of maintenance and upkeep at the Lejeune Road basin has
in recent years caused some conflict with local zoning
ordinances. On the east side of this highground basin, at the
end of Bayshore Drive, the McLean Estate leases a one-half acre
FIELD INVESTIGATION REPORT - MCLEAN MARINA/PAXON HOLZ, EXECUTRIX
PAGE #3
section of land to the Town of Cape Carteret. The Town Park
allows residents only to launch boats and tie up to existing pier
structures. Approximately 25 to 30 non-resident commercial boats
tie up to the old ferry docks and use the basin on a regular
basis without the consent of the applicant.
The proposed project can be divided into the development of 2
basins. On the west side of the property, near Lejeune Road, the
original highground basin will be upgraded and provide 25 new
boat slips with 3 additional slips for fueling and sewage pumpout
services. The basin will measure approximately 287' long x 145'
wide. Once the old docks and piers are removed, two areas within
the basin will be maintenance dredged, restoring the original
water depths of -5' on MLT. Approximately 900 cu. yds. of silty
sand will be pumped to the highground diked disposal site to be
located at the end of Bayshore Drive. The interior shoreline of
the highground basin will be completely bulkheaded, except for
that 50' section crossing the north end of the basin where a
short tidal gut gives way to a small pocket marsh dominated by
saltmarsh cordgrass. A total of some 645 ln. ft. of new bulkhead
will replace and be installed around the basin. On the
highground property, between Basin #1 and Lejeune Road, the
developers proposes to locate a paved parking lot for 25 cars.
The lot will extend 25' off the paved road and will be 225' long.
Other amenities on the highground include an 8' wide concrete
walkway to be constructed around the basins bulkheaded shoreline.
Other concrete surfaces next to the basin will occur around the
fuel pumps, the ship's store, and restroom buildings. As the
applicant notes, 25.8% of the CAMA 75' Estuarine Shoreline AEC
will be rendered impervious. The ship's store will measure 25' x
50' and the other building 12' x 20'. The boating capacity of
this western basin will be increased by the addition of a 10'
wide stationary dock extending into Deer Creek some 1601. The
new pier will occupy the old ferry slip at the end of Lejeune
Road and provide 15 more boat slips in an open water setting. A
small area measuring 100' x 100' will need to be dredged to allow
inshore access to the new pier.
A large bed of submerged grass occupies an inshore area between
the 2 basins. The grass bed has been estimated to cover an area
of approximately 22,500 sq. ft. A notation is also made that the
project has been designed to direct all dredging and boat docking
facilities away from the eelgrass bed.
The second boat basin will be located on the east side of the
property near the end of Live Oak Street and will provide a total
of 49 open water boat slips. For the purposes of reporting, the
basin will be regarded as approximately 160' wide x 375' long.
An L-shaped series of docks and piers on the west side of this
FIELD INVESTIGATION REPORT - MCLEAN MARINA/PAXON HOLZ, EXECUTRIX
PAGE #4
basin will provide 24 slips, while the remaining 25 slips will be
located on the east side of the basin. Hydraulic dredging will
be required in this area. An area measuring about 350' long x
40' wide will generate approximately 1200 cu. yds. of sandy silt
as the -4' water depth is restored. On the east side of Basin
#2, another 300' of new bulkhead will be installed along the
front side of an old deteriorating structure. Existing finger
piers and mooring piles will be removed in order to construct 25
new boat slips. As the project plans show, dredging will also be
accomplished along the east side of Basin #2 measuring about 400'
long x an average of 33' wide. Another 900 cu. yds. of spoil
will be pumped to the highground disposal site. Between Basin #2
and Holly Land, which is an extension of Live Oak Drive, the
developers propose a 21 space parking lot surfaced with marl
measuring 50' wide x 200' long. As with Basin #1, an 8' wide
concrete walkway will be poured adjacent to the new bulkhead and
docking slips. The existing concrete ramp in the northeast
corner of the basin will be resurfaced and expanded to include a
full 10' x 20' ramp in the creek. A series of 8' wide wooden
boardwalks will link the north end of Basin #2 with the
highground property at the end of Bayshore Drive.
The estuarine surface waters of Bogue Sound and Deer Creek/Rocky
Run are classified as 'SA' waters. Except for a 100' closure
zone around the end of the Lejeune Basin, the adjacent waters are
open to the harvesting of shellfish, particularly clam. When
scallops are plentiful in Bogue Sound, the shallow grass beds
east and west of the project site abound with the mollusk. It is
uncertain, at the time of this report, as to what level of
shellfish resources exist in the deeper waters of the old ferry
access channel and turning basin. A review of archaeological
sites in Cape Carteret indicates that there are no known sites
near or within the project boundaries.
10. ANTICIPATED IMPACTS: The proposed development will, after
several years of inactivity, clean up the deteriorated bulkhead
and mooring structures around the old ferry landing. The project
will provide a sanctioned marina facility opened to the general
public on a commercial basis. Not only will 89 new open water
slips be made available, but 2 new concrete ramps will provide
launching capabilities to the public. At this time, all
non-residents of Cape Carteret must either travel to the Wildlife
Ramp in Swansboro or Broad Creek to launch their boats. The
additional new boat slips will most certainly require an increase
in the shellfish closure zone around the outer limits of the new
dock and pier structures. This will quite possibly involve
productive clam and scallop areas. The proposed dredging will
directly displace about 1 ac. of shallow water habitat in 7
different locations. Potentially, the most significant dredge
FIELD INVESTIGATION REPORT - MCLEAN MARINA/PAXON HOLZ, EXECUTRIX
PAGE #5
site is located just east of the submerged grass bed along the
west side of Basin #2• Without some sort of physical protection
in the intertidal zone between the grass beds and the boat slips
where prop wash or kicking damage from backing boats can be
anticipated. Increased boat traffic may cause some accelerated
erosion to the Fox shoreline property paralleling the access
channel. The project plans call for 8' and 10' wide boardwalks
crossing areas of marsh grass. The width of these structures is
inconsistent with the 7H development standards and would have to
be reduced to only 6' where the boardwalks cross areas of coastal
wetlands.
CAMA REVIEW: The project site is located within the corporate
limits of the Town of Cape Carteret, and therefore, comes under
the authority of their Local Zoning and Land Use Plan. As stated
in the application, the site is currently zoned as R-10 and R-10M
Residential. This zoning group does not allow for the development
of a commercial business such as the proposed marina. The 1987
Land Use Plan Update for the Town of Cape Carteret classifies the
highground property as Transition with a sub-classification of
residential. The definition for Transition/Residential is found
on -Page'-91 and reads- as follows= "includes or will include those
areas with partial municipal facilities and services which are
most suited for residential, school and religious uses." This
definition does not clearly support commercial development as
does the other sub-classification of the Transition class defined
as Mixed Uses which reads as follows, "includes, or will include
those areas with partial municipal services which are suited for
commercial, office, or institutional uses because of their
location adjacent to main traffic arteries."
On Page 56, under the Policy Statement Section of the Land Use
Plan, the Town articulates its marina and floating homes policy
as follows, "There are no commercial marinas or floating homes in
Cape Carteret. It is the policy of the Town to exclude them from
the corporate limits and the ETJ." Another inconsistency with
the proposed project also appears on Page 58, under the Package
Treatment Plant Policy Statement, which in part says, "It is the
policy of the Town to allow use of package systems where they are
deemed necessary to protect the environment, streams and the
sounds after meeting County and State standards and requirements.
Further, it is the policy of the Town to require the use of
package treatment plants for all future municipal, residential
FIELD INVESTIGATION REPORT - MCLEAN MARINA/PAXON HOLZ, EXECUTRIX
PAGE #6
and commercial establishments." Therefore, based on the
information available concerning local zoning and the Land Use
Plan, the proposed project must be determined as inconsistent
with the overall goals and objectives of the Town of Cape
Carteret.
PREPARED BY: JAMES L. MERCER
DATE: JULY 27, 1988
Please type or print. Carefully describe all an- d. Describe the planned use
.
ticipated development activities, including construc. ngI ;
Docking space for
customers
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1.4 and 8-9 must be completed for
LAND*-1
all projects. ,.,
CHARA
VVA'i 5
6 Acres
41
...;ry.. w. •• '? .
a. Size of entire tract
Paxon Holz (McLean Estate)
a. Name b. Size of individual lot(s) N/A
c. Elevation of tract above mean sea level or Na-
Address c/o 101 Manatee Street tional Geodetic Vertical DatumO-above MSL
City Swansboro State
Zip 28584 Day phone 393-8321 3931 d. Soil type(s) and texture(s) of tract Sandy
loam in upland areas
X Landowner or Authorized agent$?y? e. Vegetation on tract ear an
b. Project name (if any) forested
McLean Marina f. Man-made features now on tract Restroom Bldg.
c. If the applicant is not the landowner, also give bulkheads, docks, boat ramps, SF Dwelling
the owner's name and address.
Agent: Paton Zucchino & Associates, P.A. What is the CAMA Land Use Plan Classifica-
g•
eig tion of the site? (Consult the local land use
plan.)
c
"
1
"
'
' X Conservation X Transitiona*lilelj
nq
q1
05
N 77
03 Developed Community
Rural Other
h. How is the tract zoned by local government?
R-10 & R-10 M Residential(10,000 s.f. lots)
i. Haw are adjacent waters daas?edl'
a. Street address or secondary road number
Lejune Road j. Has a professional archaeological survey been
carried out for the tract?
b. City, town, community, or landmark If so, by whom?
Cape Carteret
c. County carteret
d. Is proposed work within city limits or planning
jurisdiction? Yes
e. Name of body of water nearest project
d
S Complete this section if the project includes any
oun
Bogue upland development.
a. Type and number of buildings, facilities, or
.. structures proposed Ship's store
- -- -, _??.., ----- ..... - -'• -- b. Number of lots or parcels N/A
a. Describe all development activities you propose c. Density (Give the number of residential units
(for example, building a home, motel, marina, and the units per acre.) N/A
bulkhead, or pier).
Marina, Bulkhead, Rams, Parking, Ships d. Size of area to be graded or disturbed
store 35,000 S.F.
e. If the proposed project will disturb more than
one acre of land, the Division of Land
if you plan to build a marina, also complete Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2. tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a
isting project, new work, or both? upgrade of
marina & addition o new slips
tin
i sedimentation and erosion control plan been
g
ex
s submitted to the Division of Land Resources?
c. Will the project be for community, private, or N/A
commercial use? f. Oive the percentage of the tract within 75 feet
_ cnTmrcial of mean high water to be covered by im-
permeable surfaces, suiCl? vemrnt,
buildings, or rooftops.
g. List the materials, such as marl, paver stone, b.
i asphalt, gr concrete, to be used for pawed
halt
l & As
M
p
ar
suaces. -Concrete, c.
( see pans d.
'h. If applicable, has a stormwater management
plan been submitted to the Division of su inittal e.
vironmental Management? f•
i. Describe proposed sewage disposal and/or waste g.
water treatment facilities. On site
septic tank and disposal
h.
j. Have these facilities received state or local
approval? Not at this time
k. Describe existing treatment facilities. i.
Existin septic tanks
not functional)
1.
Describe location and type of discharges to j.
waters of the state (for examplersurface runoff, k.
sanitary wastewater, industrial/commercial
effluent, or "wash down"). None
M
n.
m. Water supply source Private well o.
n. If the project is oceanfront development,
describe the steps that will be taken to main- p.
tain established public beach accessways or pro- q•
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable flo Nr?A
s .:
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
area
560' 590' 5.0 MS
Amount of material to be excavated from
below water level in cubic yards 6, 500 c.y.
Type of material Coarse & fine sand
Does the area to be excavated include marsh-
land, swamps, or other wetlands? No
High ground excavation, in cub' _y0 rds 20600 c y.
Dimensions of spoil disposal area U
Locatiran oo s it disposal area ee
enc os ans on-site
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? Yes
If so, where? bee enclosed plan
Does the disposal area include any marshland,
swamplland,'or water areas? NO
Will the fill material be placed below mean
high water? No-
Amount of fill in cubic yards N/A
. Type of fill material N/A
Source of fill material
Will fill material be placed on marsh or other
wetlands? No
Dimensions of the wetland to be filled N/A
How will excavated or fill material be kept on
site and erosion controlled? State
approved spoil detention areas
What type of construction equipment will be
used (for example, dragline, backhoe, or
l&drulic dredge)? Dragline & hydraulic
ge
r.
s. Will wetlands be crossed in transporting equip-
ment to the project site?No If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
0- __5
a. Length of bulkhead or riprap 965'
b. Average distance waterward of mean high water
or normal water level Less than two feet
c. Shoreline erosion during preceding 12 months,
in feet None
d. Type of bulkhead material 'r'ented t"'002
e. Amount of fill, in cubic yards, to be placed
below mean high water N A
f. Type of fill material N/A
, M.-MM'O
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 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 8 Vf x 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 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel unfamiliar with the area to the site. Include
county toad (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. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. f 13-229(d).
Name J.A. & B. Stroud
Address 310 Lejune Road
Swansboro, NC 28584
Name S.R. Fox
Address 332 Live Oak Road
Swans ro, NC 28584,
Name -TbxR O
Address
? Yom- Mai 1 UCdP CLCW I
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
N TA
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover t e costs of processing the
application. y s C6,GK W-tH $o t/
i
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project 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).
MOE ?t7_ Mi
,, ( q...
lhlilh
514 =I'- 0
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 on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the day of
X W?b
Landowner or Autho zed g nt
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
nl LrJ (l , (^ r-' r
__---_-„,__.._-__--.._-.. 3
Form DCM-MP-2
MARINA
DEVELOPMENT
Attach this form to the Application for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities must be included in application and work
plats.
;. 11 11 ss?y r+rzns *LVrrJQF
IN"? t ?T I r '. CS
JUL 0 6 1988
,U U*3
?-?. ¦ ?y.KrNJ :? .t
a. Check each of the following sanitary facilities
which will be included in the proposed project.
Yes Office toilets
Yes Toilets for patrons
Number 4
Location bee p -Lan
No Showers
Yes Boa holding tank upm pan
a. Check below the type of marina proposed. T and location
Commercial Public
Residential
b b. Describe treatment type and location for all
. Will the marina be open to the general public? sanitary wastewater. On-site septic field
Yes, on fee basis
c. If there is residential development associated
with the marina, how many units or lots are
planned? NSA
d. Check all-of the types of service to be
provided.
Full service, including travel
NO lift and/or rail
-X- Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips 8
Dry storage
X Number of boats
Boat ramp(s) (2)
Other (describe) Parking for
46 cars & sewage pumpout facilities
e. Check below the proposed type of siting.
Land cut and access channel
X Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types). Sailboats,motorboats & charter
g. Typical boat length 30'-35' boats
h. Maximum boat length 50'
i. Are any floating buildings planned? No
If so, describe.
c. Describe solid waste, fish offal and trash
disposal. Fish cleaning iWe & trash
rece cles_ at..- boat._ ramps, to be
collected & taken to County Landfill
d. How will overboard discharge of sewage from
boats be controlled? Pump out facilities
available. Signage, staff en orcement &
closed head policy
e. Give the location and numbereoff "Noo SSYewage
Discharge" signs proposed.
parking area each boat ram, & each
-landward pier entry.
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petrol um pro-
ducts. Restrictions will prohiit any
activity generating these wastes.
No species design controls or
petro e um pr uc s.
g. Where will residue be disposed of?
Approved disposal site
h. Give the number of channel rTrkers and "No
Wake" signs proposed.
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality. At Ship's Store in special
fuel slip sewage pump-out facilities and
no direct stormwater discharge.
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
litYY impacts.
0na1i ze dire stormwater
runo , open water marina.
k. What will be the marina ppoolio' on overnight
and live-board dockage? No live board
dockage. Overnight stays on boats
Will a o
1. Is the proposed marina located near any
shellfish leases? No If so, give the name and
address of the leaseholder
N/A
m. If this project is an expansion of an existing
marina, what types of services are currently
provided? Public slips and two ramps
with no fuel or pl= out fnri1itiPS
avai lab]
n. How many slips are now available ?-± 30 slips
ADDENDUM A
a JULY 19$1
nr?
JUG 1 2 1989
----------------------
EXISTING 'CLOSED'
UPLAND MARINA BASIN
A?
9pi0 s
occo
s
g9F.9??S
APPLICANT REQUESTS DHS
POSITION ON APPLYING
\
CURRENT CLOSURE ACROSS N.
ENTIRE EMBAYMENT
CLOSURE ACTION
EX (STING
OPEN WATER MARINA
RADIUS POINTS
Division of Health Services Marina Closure Policy
0
O
CURRENT CLOSURE
--
•?' •4• '- DHS EXISTING CONDIT O
ANTICIPATED CLOSURE
DHS EXISTING CONDITION;
. . .
yBM?9E? ?RA$$ S 1
\y ` y PPLICANT REQUES'
-•?._? : CURRENT DHS
As Applied to the Existing Conditions
of the McLean Estate Marina
AUULNUUM A
a JULY 1981
JUL 1 2 1988
EXISTING 'CLOSED'
UPLAND MARINA BASIN
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APPLICANT REQUESTS 9Fq°?s
HS
POSITION ON APPLYING
CURRENT CLOSURE ACROSS
ENTIRE EMBAYMENT
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/ EXISTING
OPEN WATER MARINA
RADIUS POINTS
Division of Health Services Marina Closure Policy
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-CURRENT CLOSURE
DHS EXISTING CONDITIONS
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ANTICIPATED CLOSURE
DHS EXISTING CONDITIONS
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PPLICANT REQUES•
:CURRENT DHS
r LOSURE ACTION
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As Applied to the Existing Conditions
of the McLean Estate Marina
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 /A4-C41 &4tea
Section I. Project Description
A. _ZNew Marina Marina Expansion
B. New Basin (dug out of high ground)
(Include Specifications and Sketch)
Existing Basin Expansion
(Include Specifications and Sketch)
Natural Waters
_,Zbthers (Please describe below)
.2 ,
C. Proposed No. Slips /? 9,
Existing No. Slips d5;--
D. ` c ? G C?ocf2
V /'Commercial Marina
Private Marina
Publicly Owned Marina
Other (Please describe below)
E. Description of Any Unique Characteristics or Operational
Proposals.
Section II. Existing Use Determination (for waters outside of marina basins)
A. Closure Status (Check One)
V/ Open Waters
Closed Waters (By Data) Date Closed
Closed Waters (DHS Marina Policy)
i
B. Will the proposed project result in additional closed
acreage? (Please attached analysis showing calculations
for area of closure.)
1/ 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.
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?
? Yes No Unknown
E. Is the entire area to be impacted by the proposed project
currently unavailable for shellfishing because of the DHS
Marina policy or other irretrievable man induced impact?
Yes _V _No
If yes, briefly describe below.
Section III. Attainable Use Determination (To be completed only if the answer
to II. 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?
B. What actions are required to reduce or eliminate these existing
sources of pollution?
. it
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 I I . C and/or I I . 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 I I . 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?
` h
This analysis and recommendation has been prepared by the Wilmington Regional
Office.
Date
This evaluation of the attainability of shellfish uses in the waters in the vicinity
of 41,LA is approved by:
Water Quality Section
Date
Director's Office ' Date
R. Paul Wilms
Director