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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 p• 7 ?I EDGEWATER COUNT I I Lwrn TDwu?w rADNMTr Kf AW44ALT rNML 1. I ' :I 0 t I rIE, JUL 0 61988 r ----------rresss??.?- o , I 'Etu?: i • T y ItrM ?IEQJ` 1 ? ? •1 •, wr ??,, LAW.ATWN L r, YCLGNrROrERTT 1 I1 '. ?y?,i,,?:,... ? i 1 M?a 3:'^?r' SNwt . L r SLOW j f ¦ rROrMTT wwrrw •?• ?1, •Yi II w.•1.1.1surw sib IN, -X--c . n•.?yp.•? .755[+', • p • : ' JJI ? AM••r r1•Iry!? {I.p) t, rRD?owD OP%W WATER {/ tsl•; DOCKf • ? •VrEwlwrw .?? , ww-w 't • )Los ' wAOm NRIICa n AREAS TO K DREDGED i; o %l I i I I le r•M I ', . II 1 1 r•1we -0.0 I •- wm 15 M5 i . '' ws wrr ? I A«_ 1 :•.???rrw• w....w wsr I p111 T - . 3 O I I I I 1 1 1 I I I I I 1 I I? I. I I I I I I I I I I I I I I I I I I i I 1 I L I 2 7 I I I I L' I .11? I I I I I I i ill I WIJI ICI ii 1 .. I I me LOA • OMN WATER I ry .• DOCKS •?,! r r,. ! rrnrr? V -.rfl...+T.. r51) / • y % i ?'qrr .,y,h0wo .,, :e6? i i 54.011 Sy. M rlf»0 TOM? fAT2w TO ed OOrrfi rr -00O 9 Biwri rAfu7wt 1 I1rwr10w SWAG{ NIWIM 75' ESIVASIM[ ABC LIME /YlI1101 rohm IO."l.r. OUILDINGS 7.150 Lr. CONLtMR MWNATS 1.100 S.F. 70'rAL IIrQrIr18 I1,N0 LI. 70rAL AM MITSIN Aw i{1,250 f./. 1 21romms 25.11 1 I-S-IMS SWAGS WINIM f IAS sIIs 1AM,SMO 1 SOA01 40,710 S.F. BUILDINGS 71570 S.I. COMMIT NAIINATT 1,100 2.r. WrAL IwwtrlmS 52,130 S.F. WTAL Am or SITE 24.•00 S.S. 1 IIrw101f 21.11 -ALL S.F. rlwrt. IWLMS n2RLM0 1 r.7raso INTrN WS rl»Am Y.I..y ••'rrMRJ.•. r N 4 l'?? TM.... r4 }IWII I•r•/•1lrf7f -0.•M51-1f1 A i• WQTION A-A' Ills ew ww w wa, WA,, 1rrr0 YOL ARTwnosi DAM t.' 14 w• RAMP DETAL 311 r * • r So 11 late's ?1 » 1 ."" .• •...w•- rr• r rrw ."`• ? ?: hr Oo.r R.u.• 2k*+. ; .ww..+ /l'• r:: •wr ,.«r nl,w * r opfM r7 ? I r 1 r.. l 2 1 , 4 I ?. CONTEXT MAP 5'•2100' ? ?IC?tr?r I pa. 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$$ S 1 \y ` y PPLICANT REQUES' -•?._? : CURRENT DHS As Applied to the Existing Conditions of the McLean Estate Marina AUULNUUM A a JULY 1981 JUL 1 2 1988 EXISTING 'CLOSED' UPLAND MARINA BASIN iJ A? S sF0 c``C C. O N O ?o APPLICANT REQUESTS 9Fq°?s HS POSITION ON APPLYING CURRENT CLOSURE ACROSS ENTIRE EMBAYMENT C / EXISTING OPEN WATER MARINA RADIUS POINTS Division of Health Services Marina Closure Policy 0 O -CURRENT CLOSURE DHS EXISTING CONDITIONS 1 - .21 ANTICIPATED CLOSURE DHS EXISTING CONDITIONS r r a _ y ` y a a r a _.. ` VfiMbjdFSD gkA$$ S PPLICANT REQUES• :CURRENT DHS r LOSURE ACTION y?-goo' 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