HomeMy WebLinkAboutVer _Complete File_19890131
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
January 31, 1989
M E M O R A N D U M
TO: Parker
FROM: Mills ?,e
SUBJECT: Application for CAMA Permit (Revised)
Robert Fleming
Beaufort County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. The proposed project will require a 401 Water
Quality Certification but does meet the
requirements of General Certification No. 1272 for
construction of bulkheads.,
b. The 'specific concerns `.expressed in our comments of
November 3', 1988, have been sat-sfactorily-
addressed by the applicant and his consultant.
C. The proposed project meets density requirements of
2H .1000 for protecting waters from stormwater
runoff impacts.
d. Designs of fueling facilities at the proposed
marina provide reasonable protection of adjacent
surface waters. See recommendation on control of
sewage from the boats using the marina in our
earlier comments, item (d).
Previous objections to the permit are hereby withdrawn.
BM/dbp
cc: Jim Mulligan
r•
State of North Carolina
Department of Natural Resources and Community Development
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
Lorraine G. Shinn
James G. Martin, Governor Regional Manager
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL. MANAGEMENT
January 25, 1989
Mr. Robert L. Fleming
Rt.l, Box 222
Blounts Creek NC 27814
SUBJECT: Determination of Compliance with Stormwater Regulations
Project - Robert Fleming Marina Project
Beaufort County
Dear Mr. Fleming:
The Washington Regional Office received your Sedimentation and Erosion
Control Plan (or Stormwater Management Plan) submittal for the subject
project on January 6, 1989. Based upon our review of the project, the
document complies with the Stormwater Regulations set for--h in Title 15
NCAC 2H .1000.
If you have any questions concerning this matter, please contact Bill
Moore at (919) 946-6481.
Sincerely,
Enclosure /
cc: Bill Mills/
Dan Miller
Roger K. Thorpe, P.E.
Water Quality Regional Supervisor
JAN 2 T11-:-
P.O. Boa 1507, Washington North Czrolinz 27889.150- Tclcphonc'YJW-1?9001'1' ?.l Ilvi'?
GPERA i iJNS, BRANCH
An Equal opportunity Affirmative Action Employer
1
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ASSIGNED TO: WJM G??-j?t._ JOINT NOTICE: TYPE: CERTIFICATION RECOMMEND DATE.:'..'.' '.•'.•;v;MD.'''' 404 5?.: ..y, ,S •,3 - .; ISSUE: f RECEIVED: CAMA ONLY: GC: BULKHEADS DENY: INITIAL REPORT: :;::f r i ,:?
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COMMENTS:
SITE LOCATED :
,z..w.:r.. +.O?'3" ,:•i': 1; ! .;: NEAR Bl...i..i.fi`i i S CREEK
PROPOSAL i 20 CONDO UNITS; 8 4 SLIP S STOBATH HOUSES; SUBSURFACE WASTEWATER TREATMENT FACILITY; EXCAVATE AND AREif.).
:... .:. ...:: .... t?•i:?? REVISED •' 4". t.5 ,.: 3... :..: T PROPOSAL (1-18-89) TO ADDRESS WATER QUALITY
CONCERNS; PROjECT MEETS DENSITY LIMIT,*.-.*.'
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary November 3, 1988 Director
Mr. John G. Thomas, P. E.
THOMAS ENGINEERING CONSULTANTS, P. A.
P. 0. Box 1309
New Bern, NC 28560
Dear Mr. Thomas:
This is with reference to the application submitted by your client,
Robert L. Fleming and his proposal to develop a townhouse and marina complex
on Blounts Creek in Beaufort County. This letter will follow through on our
telephone conversation,of this date concerning agency response and the request
for additional information by key agencies. -
In reviewing the comment of the Division of Environmental Management (see
copy attached) it becomes clear that a favorable conclusion could not likely
result from the present record. In fact, DEM has objected along with Health
Services and DEM is requesting additional information on two key issues in
order to continue its review. Because of this request by DEM, I find it
necessary to place further processing in abeyance until such information is
received. This action is provided for under the Rules of the Coastal
Resources Commission found in 15 NCAC 7J.0204D.
Should the project be significantly redesigned, as has been suggested,
processing may have to be restarted as opposed to being finalyzed within the
twenty some days remaining in the initial time frame. I will follow this
closely and stand ready, along with other staff, to advise you as may be
deemed appropriate under Commission Rules and processing procedures.
Very sincerely,
JohW\ Parker, Jr., Chief
Major Permits Processing Section
JRP:jr/aw
cc: Mr. Robert Fleming
Mr. David Gossett
Mr. Bill Mills
Enclosure
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action Employer
(A) this agency has no objection to the project as proposed.
(B) This agency has no comment on the project as proposed.
(C) This,agency-approves of the project (or project concept) and/or recommends
these minor refinements for project management.
ua?? r ?4KMs
(D) This agency objects to the project and recommends permit denial/fbased on a,, y„,.4,,
M/?.,orw.da
finding of:
? rNZ?se?u'(1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as
enumerated below:
(e)(1) ... that there will be significant (e) (2) ... that there will be signifi-
adverse effect of the proposed dred- cant adverse effect on the value
ging and filling on the use and enjoyment of the property of
of the water by the public; any riparian owners;
(e)(3) ... that there will be significant (e)(4) ... that there will be signifi-
adverse effect on public health, cant adverse effect on the con-
safety, and welfare; nervation of public and private
water supplies;.
(e)(5) that there will be significant
adverse effect on wi l dlife or
fresh water, estuarine or marine
fisheries;
(1) Inconsistency with Rules of the Coastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site
rule.
(3) Inconsistency with the local Land Use Plan (Please elaborate).
(4) Inconsistency With Rules, Guidelines or Standards of
this agency or a finding that the project is in conflict
with other authority or interest as stipulated below.
_ (E) Attachment. Include memorandum or other documentation that support
findings relating to Dl-4 or pr vide general comme ts.
Ti gna ure
-_s7-0?r
ate
#- 4 >
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
November 3, 1988
M E M O R A N D U M
TO: John Parker
FROM: Chuck Wakild
SUBJECT: Application for CAMA Permit
Robert Fleming
Beaufort County
The Subject application has been reviewed for water
quality impacts and the following comments are offered:
a. The proposed project creates several concerns for
potential impacts on water quality. Specifically,
sewage disposal,._stormwaterrunoff,.and wastes,
from marina operations are items which need to be
addressed further by the applicant before any
final conclusions can be made.
b. Regarding sewage disposal, the developer is
proposing'a treatment system to include septic
tanks with effluent disposal by low pressure pipe
on a 25-acre site located one mile to the south of
the marina site. This site was evaluated by the
Division of Health Services and found to be not
suitable for a subsurface system. According to
the applicant's consultant, the project will
pursue a public utility designation so as to come
under the jurisdiction of DEM. Our field staff
visited the site on September 23. An area of
soils located on the side slopes of a ridge crest
on the site was found to be potentially
suitable for subsurface disposal. Whether this
portion of the site could be approved for the
sewage disposal needed for this project cannot be
determined without specific design information on
the subsurface disposal field including such
details as disposal field layout, loading rates,
setbacks, replacement area, groundwater levels,
etc.. This Division has not received a permit
application for sewage disposal for this project
to date.
4j • r a'
- 2 -
C. Our stormwater runoff management requirements are
not adequately addressed by the applicant. The
applicant has proposed that the project be allowed
under the low-density provisions of our stormwater
runoff rules. The total amount of built-upon area
is 1.6 acres of the total site area of 7.6 acres
(21% built-upon). However, at least 4 acres of
the total site is marsh resulting in all the
built-upon being located on the remaining 3 acres
(53% built-upon). While the marsh is allowed to
be considered as a part of the total site when
determining compliance with the low-density
provisions, the rules provide that low-density
projects cannot have areas of high density within
the project site unless they can be proven by the
applicant to not threaten water quality. The
project should be redesigned to eliminate areas
of high density or designed with stormwater
control measures to accommodate the runoff from
,one inch of rainfall in accordance with 15 NCAC 2H
.1000.
d. Wastes from marina operations pose a potential
water quality concern especially in light of the
existing water quality problems already being
experienced in Blounts Creek, Blounts Bay, and
this part of Pamlico River. The problems
associated with poor water quality in these waters
are well documented. In recent years problems
such as low dissolved oxygen levels, nutrient
enrichment, high chlorophyll a values, algal
blooms, fish kills, and fish disease have been
occurring on a more frequent basis and for longer
durations. Marina operations have the potential
to cause or allow additional pollutants to enter
this already stressed area. Sewage discharge from
boats using the marina must be specifically
prohibited. The marina should provide a pumpout
facility for boats. The marina should strictly
enforce a "locked-head" policy. Signs should be
posted along the docks advising users of the
"locked-head" policy and of the location of sewage
pumpout facilities. Hydrocarbon type fuels can
also add to problems of water quality in'this
area. With regard to fueling facilities, the
applicant has not provided adequate information to
assure that the design of the proposed fuel tanks,
pumps, and supply lines are sufficient to protect
the aquatic environment from accidental releases
of fuels.
- 3 -
e. The proposed project requires a Water Quality
Certification but meets the requirements of
General Certification No. 1272 for bulkhead
construction.
f. In conclusion, the sewage disposal provisions for
the project do not provide sufficient detail to
allow for any decision to be made concerning their
adequacy for the flows expected to be generated by
the project; the stormwater runoff concerns have
not been adequately addressed to allow approval
under the low-density option; and marina
operational and design requirements should be
specific with regard to preventing discharges of
fuels and sewage from boats. It is recommended
that the permit not be approved until these
matters have been satisfactorily addressed.
CW/dbp
cc: Jim Mulligan
Bill Mills
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 5, 1988
MEMORANDUM
TO: Bill Mills
Operations Branch
FROM: Jim Mulligan, Regional Supervisor
Washington Regional Office
SUBJECT: Additional Comments
Robert L. Fleming Project
Beaufort County
During the September 27th meeting of the Pamlico Emergency Response Team
Oversight Committee, it was decided that comments offered by the PERT
team would be incorporated into the normal channels of information
gathering, but would be included as separate documents. This source of
expertise on the Pungo/Pamlico area will be considered when
recommendations are made on 401 Certifications, Dredge & Fill Permits,
Coastal Management Major Development Permits and for those projects
which require a Stormwater Permit.
In the case, of the subject project, the Region's comments have already
been forwarded `to--Headquarters. ` Please accept the attached- memorandum
from the PERT team as an addition to the previously submitted comments.
Future comment memoranda on projects in this area should attach PERT
team comments or should state that there are none.
I do not agree with the PERT team's proposed one year moratorium on new
flow or flow increases to all dischargers "in the lower Tar River -
upper Pamlico River basin." I also oppose their recommended one year
moratorium on 401 certified projects and other projects requiring the
Division's comments as noted above. To blanket reject all increases in
flow and all projects is to make rules without rule making. The
Division had difficultly with this approach as we began to consider the
stormwater implications of coastal development. I would suggest instead
to consider each project as it is proposed. Many may be turned down or
modified due to the conditions cited by the PERT team's memorandum, but
some may be approvable, and they deserve favorable action.
JM/cm
cc: PERT team members
PERT Oversight Committee members
r •
MEMO TO: Jim Mulligan, Regional Supervisor
Division of Environmental Management
Terry Sholar, District Manager
Division of Marine Fisheries
FROM: Pamlico Environmental Response Team
Barry Adams 6',4
Cathy Tyndall'
Jess Hawkins`
Raleigh Bland``
SUBJECT: Application for D.CM Permit
Robert L. Fleming Project
Blounts Creek, Beaufort County
DATE: October 3, 1988
As you are aware, one of the responsibilities which has been assigned to the
Pamlico EnvironmentalResponse Team (PERT) is to reviewand comment on permits
that, may have an impact.on the-Pamlico River. .Whereas the Water Quality Section
of the Division of Environmental Management (DEM) evaluates proposed projects
with respect to water quality standards, PERT has been charged with the respon-
sibilities by the Directors of the Division of Marine Fisheries (DMF) and the
DEM for evaluating such projects with respect to potential impacts upon water
quality and fishery resources in view of the on-going problems of fish, crab
and eel diseases and stressed water quality conditions which are occurring in
the River. The comments of the PERT review are submitted to the Regional Super-
visor of DEM and the District Manager of DMF for inclusion in the final review
process by the respective agencies. The PERT comments should be considered
separately from the regular review comments and recommendations made by the
agencies' regional office.
As you are also aware, diseases in fish (primarily menhaden), eels and blue
crabs are occurring in the River at an alarming rate. Ulcerative mycosis, a
fish disease which became a significant problem in the Pamlico River in 1984,
appears to peak in the spring and in the fall when salinities range between
2 - 8 ppt. Hundreds of thousands of menhaden died this past spring in the
River between Washington and Indian Island. Crab disease began showing up in
the River primarily along the south shore between Hickory Point and Durham Creek
last year. However, this year diseased crabs also have been seen as far up-
stream as Blounts Bay. Reports of crab disease have also been received from both
the Albemarle Sound and the Neuse River. Dead eels with lesions have been report-
ed in the Chocowinity Bay/Whichards Beach area, Broad Creek, and in Pungo Creek,
a tributary to the Pungo River.
- 2 -
One of the areas in the River most severely impacted by fish disease has been
Blounts Bay. Many thousands of fish died there this past spring. Based upon
the degree of fish mortality that occurred in the6Viirig; the disease problems
this fall may be severe. Historically, Blounts Bay has been an area where
numerous fish kills and algae blooms have been documented. The Bay appears to
function more like a lake than a river due to its size and location with respect
to the normal flow patterns of the River. Blounts Bay appears to be an area
where water quality is frequently stressed. Low dissolved oxygen, often times
associated with algae blooms, has been determined to have been the cause for
most of the fish kills which have occurred in the absence of disease. Because
of these problems, both historical and present, PERT considers Blounts Bay and
lower Blounts Creek as one of the most environmentally stressed areas on the
Pamlico River.,
Currently, there are a number of research projects underway concerning the disease
problems. These projects are part of the APES Program and legislative funding.
Some of these projects have just received funding while others have been underway
for several months. It is hoped that sufficient information will be learned within
the early stages of these projects to develop initial management decisions by both
DEM and DMF.
The.proposed project consists of 20 townhouse units. and an 84 slip marina to be
located at the mouth of Blounts Creek on the east shore. A fish kill and algae
bloom were investigated in the general area of the proposed project this summer.
Development projects of this type do have an impact upon water quality. Stresses
to water quality do occur from engine duels, storm water runoff, sewage discharges
from on board boat toilets, redeposition of oxygen demanding organic sediments as
a result of boating activity and the toxic effects of antifouling bottom paints.
Such impacts are difficult to quantify and to what degree the impacts resulting
from the proposed project will influence the already stressed water quality and
fishery resources in Blounts Bay is unknown. However, in view of the historical
water quality problems, fish kills, algae blooms and the current disease problems
in the Pamlico River and in particular Blounts Bay, it would not appear advisable
to add to the water quality problems by allowing the project proposal to be com-
pleted at this time. This is not to necessarily preclude the construction of the
proposed project but only to delay it until more information is learned with which
to base a more sound decision. Therefore, PERT recommends that DEM and DMF
(1) object to this project proposal at this time and (2) request DCM hold the
project application in abeyance for a period of one year in order to allow suffi-
cient time for the research community to gather additional scientific data. At
the end of the one year period the application may then be re-reviewed in the
light of the information learned. A decision to disapprove the project proposal,
extend the time of abeyance or approve the project can be made at that time.
It is further recommended that DEM and DMF request DCM to impose a moratorium on
all projects in the Pamlico River for a period of one year. In addition, it is
requested that DEM also place a moratorium on all requests for increase in'dis-
charge from existing NPDES wastewater treatment facilities and not grant any new
NPDES permits or 401/404 certifications for a one year period in the lower Tar
River - 'sipper Pamlico River basin. Should you have any questions, please do not
hesitate to contact us.
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 28, 1988;4
E
MEMORANDUM
TO: William C. Mills
Operations Branch
THROUGH: Roger K. Thorpe; Wat re Quality Supervisor
Washington Regional Office
FROM: William J. Moore, Environmental Engineer
Water Quality Section, WaRO
SUBJECT: DF/CAMA Comments
Robert Fleming Marina Project
Beaufort County
- ? '3
?Al
An investigation was conducted at the proposed project site on
September 23, 1988 in the presence of Mr. Robert Fleming and his
engineer, John Thomas.
The project site is located east of the Blounts Creek Bridge off SR 1112
in Beaufort County. The applicant owns a 7-acre tract of land -adjacent
to the mouth of Blounts Creek and Blounts Bay. Blounts Creek is
classified SC, while Blounts Bay is classified SB. The 7-acre tract
consists of 4 acres of coastal marsh and 3 acres of high ground. A
country store and small boat ramp exist at the site.
The applicant proposes to develop the site into an 84-slip commercial
marina and 20 condo units with associated parking. The marina will
involve the construction of 480 l.f. of wooden bulkhead along the
shoreline of Blounts Creek, 3 wooden piers which will extend into
Blounts Creek, a ship's store, bath house, and fueling facilities. Also
proposed is the excavation of an area along the shore 480'x120'x-4'
deep. Spoil will be placed on high ground. The site plan shows the
center line of an existing channel (14' deep) approximately 430 ft. west
of the shoreline. The proposed method of waste treatment involves the
installation of a collection system, septic tanks, and pump station to
serve the condos, ship's store and pump-out facilities for the marina.
Effluent disposal would be in a low pressure distribution system on a
25-acre site located off SR 1112 approximately 1 mile south.
An erosion control plan was submitted along with a density limits form
for the proposed development. The engineer has proposed 1.6 acres of
developed area (roof tops, parking, roads) on the 3-acre high ground
portion of the property. In calculating built-upon area, the total 7
acre site, including 4 acres of marsh, was used which yields 21% built
upon. The plan calls for drainage swales and placement of a ship's
store adjacent to the water.
William C. Mills
Page 2
September 28, 1988
There are 3 main aspects of the proposed development that may have
impacts on water quality. The first concern relates to the proposed
84-slip commercial marina. It is generally accepted that certain
activities at commercial marinas can have significant adverse impacts on
water quality. These activities can generate a sediment oxygen demand
which lowers dissolved oxygen in adjacent waters. In many cases,
marina activities have caused elevated levels of fecal coliform
bacteria, increased nutrient levels, and polluted waters with various
hydrocarbon type fuels. With regard to fueling facilities, the
applicant has not provided adequate information to assure that the
proposed fuel tanks, pumps and supply lines are sufficient to protect
the environment. Although engineered solutions to these problems have
been implemented at many sites, adverse impacts of this nature still
occur. These factors are particularly germane with respect to the
proposed marina location in Blounts Creek. The problems associated with
poor water quality have been well documented in Blounts Creek, Blounts
Bay, and the Pamlico River in general. In recent years, problems such
as low dissolved oxygen levels, nutrient enrichment, high chlorophyll a
values, algal blooms, fish kills, and fish disease have been occurring
on a more frequent basis and for longer durations. (personal
communication with Barry Adams, Pamlico Emergency Response Team {PERT),
Washington Regional Office) It is my opinion that the proposed marina
will contribute to existing water quality problems within Blounts Creek
and Blounts Bay; however, it is very difficult to predict water quality
standard contraventions without modeling the system. Even sophisticated
models may not accurately predict if, and when contraventions will
occur.
A second concern is the high density of the proposed development. The
engineer has proposed a low-density option which shows 217 built-upon
area. (1.6 acres developed divided by 7.6 acres total). When taken
into consideration that at least 4 acres of the total site is marsh, the
built-upon area on the remaining 3-acre site becomes 537. This would be
considered high density development and would not be consistent with the
Stormwater Regulations. The site plan shows the construction of a
ship's store immediately adjacent to Blounts Creek. This also is
inconsistent with criteria found in the Stormwater Regulations. The
developer does have the option of collecting and treating the storm
runoff or reducing the level of the development to meet the 307
built-upon criteria. The proposed project cannot be approved due to the
inconsistencies with the Stormwater Regulations.
The third concern relates to the waste treatment/ disposal system. The
developer is proposing a treatment system to include septic tanks with
effluent disposal on a 25-acre site located 1 mile south of the marina
site. The proposal indicates the use of a low-pressure pipe system for
subsurface disposal. It was learned that the site has been evaluated by
Mr. Bob Ubeler, Division of Health Services, for subsurface disposal.
According to Mr. Ubeler, the site is not suitable for subsurface
disposal under their current regulations. According to John Thomas,
consulting engineer, Mr. Fleming will pursue a public utility
designation in order to come under the permitting jurisdiction of DEM.
t 4W ` . -
William C. Mills
Page 3
September 28, 1988
A soils investigation was conducted at the 25-acre site during my
visit. The site is rectangular in shape and is divided by a large
natural drainage way containing 404 type wetlands. A large portion of
the site is a ridge crest with steep side slopes (5-15%). The soils
along the top of the ridge are primarily clay and exhibit very poor
drainage characteristics. Mottling was observed at depths of + 18
inches. The seasonal high water table was estimated to be at
approximately 18-20 inches. Soils along the side slopes were moderately
well drained. They varied from sandy loam to sandy clay loam. There
were very few mottles observed above 42 inches. Seasonal high water
table was estimated to be approximately 30-36 inches. It appeared that
the soils along the side slopes might be suitable for subsurface
disposal. It has not been shown that an adequate area of suitable soils
exist on the site to handle the design flow. This Division has not
received an application for a waste treatment facility from the
developer.
In summary, the proposed marina location offers potential for
significant adverse water quality impacts to a surface water body that
already experiences water quality problems. Storm runoff from the high
density development would also contribute to these existing problems.
Furthermore, it has not been shown that the 25-acre site proposed for
waste disposal is adequate. It is recommended that until the applicant
can adequately address the above concerns, the project be placed on
hold. If the applicant chooses not to address these concerns, the
permit should be denied.
WJM/cm
cc: Barry Adams, Washington PERT
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E?
AIL 14 1988
l?fn7Er ? ?,, .r? ryr L
`
OFFICE OF COASTAL MANAGEMENT 35" 26' 3" N
FIELD INVESTIGATION REPORT 76° 59' 12" W
1.
2.
3.
4.
5.
6.
Applicant's name Robert L. Fleming
Location of project site ,Beaufort' County,'SR 1112, Blounts Creek Bridge, Blounts
Creek, photo # 12-24-84,' 67-1546, H-17, 1-17-,--1-18
type: Dredge & Fill " X CAMA X
Investigative procedure: (A) Dates of site visit 6-28-88
(B) Was applicant present Agent-Yes
Processing procedure: Application received 6-29-88 Office Washington
Site description: (A) Local Land Use Plan Beaufort County
Land classification from LUP' Transitibn-Townhouse site; Rural-
Development constraints identified in LUP None
Waste disposal site
(B) AEC(s) involved:
(C) Water dependent:
Ocean Hazard Estuarine shoreline Q D 0"
Coastal wetlands Public trust waters '§
Estuarine waters Other
-3ulkhead
Yes X-Marina No X-Townhoused0ther
(D) Intended use: Public Private Commercial X
(E) Type of waste water treatment: Existing Septic tank for country store
Planned Central system - subsurface
(E) Type of structures:. ExistingCountrY store, bulkhead, piers, boat ramp
Planned 20 townhouse units, 3 marina'piers, bulkhead, support facilities
(G) Estimated annual rate of erosion ± 2' average Source DCM staff observation
7. Habitat description:
(A)
8.
AREA
Vegetated wetlands: Dredged Filled Other
Spartina cynosuroides
Spartina patens
Sci us spp.
(B) Non-vegetated wetlands:
+ 4,412 sq.ft.
(C) Other:
Open water + 57,600 sq.ft. + 2,880 sq.ft.
(D) Total area disturbed: + 57,600 sq.ft. + 7,292 sq.ft. (SEE BELOW)
Project summary The applicant is proposing 20 condominium units, 84 slip marina, and
support facilities on a 3 acre site on Blounts Creek.
Townhouse site - 3 acres disturbed
Wastewater treatment site - 25 acres
Environmental settin
The applicant owns a + 3 acre tract of highground property plus a + 4 acre area of marsh
adjacent to and downstream of the Blounts Creek Bridge (SR 1112). The property is
located adjacent to Blounts Creek as well as the Pamlico River ( Blounts Bay). Located
on the property are a community store, several deteriorated piers, remnants of an old
bulkhead, and a boat ramp. Located on an eastern peninsula is an area of marsh
(+ 4 acres) which is dominated by Spartina ccynosuroides and Juncus roemerianus. Also
marsh fringe borders the highground portion of the property. This fringe, most of
which is growing on disturbed lands is predominantly scattered Spartina patens,
Spartina cynosuroides, and Scirpus spy.
The upland portion of the property is vegetated by various lawn grasses and upland
trees. Elevation on the property varies from + 1.0' near the marsh to + 17.0' on the
upland areas. Water depths in Blounts Creek at the project site vary from 0.0' at
the NWL to + 6.01, + 120' beyond the NWL.
The applicant also owns a second tract of land (+ 25 acres) upstream of the Blounts
Creek Bridge. This tract of land borders Blounts Creek and SR 1112. This area is
vegetated by a pine plantation, and mixed hardwoods.
Protect proposal
(1) The applicant is proposing the following: The construction of five residential
buildings each containing four condoMinium units. These will be constructed on the 3
acre site. No rental units will be available, all units are to be sold.
(2) The construction of a well site and a subsurface wastewater disposal system on the
25 acre site. These systems will be considered as a public utility. Subsurface water
and sewage lines will be buried along SR 1112 from the 3 acre site to the 25 acre
site. The sewer force main will be located on the east side of SR 1112 and the water
line will be on the west side. These systems will serve both the condominium units
and the marina.
(3) The construction of an 84 slip commercial marina. The marina will consist of
three piers, 187', 315' and 245' in length. Pier no. 1 will have 17 slips, pier no. 2
38 slips and pier no. 3 30 slips. Each slip will have water and electric hookups,
also a portable pumpout for wastewater will be available. An area within Blounts
Creek 480' in length by 120' in width will be excavated. This area is within the
confines of the proposed marina piers. Water depths within this area now vary from
0.0' at the NWL to 6.0', 120' beyond the NWL. The entire area averages 3.0' at
normal water. After excavation the area will average 4.0' at normal water. The
proposal is to excavate an average of 1.0' of material within the area. The excavated
materials will be placed landward of the proposed bulkhead. Dmphasis will be placed upon
boatowners to live aboard their boats while docked at the marina.
(4) The construction of 480' of bulkhead. The bulkhead will average + 6' beyond the
NWL and will be + 6' beyond the NWL at the furthest point. Near the eastern end,
the bulkhead is proposed to be placed waterward of a Spartina cvnosuroides marsh with
the marsh being filled. Also at various areas along the highground portion of the
property the bulkhead is being proposed to be placed waterward of the marsh fringe
with the marsh being filled. Also proposed is a 6' wide walkway which will extend
along and waterward of the proposed bulkhead. This walkway will also be 480' in length.
(5) The construction of a bathhouse for marina residents and a ship's store at the
marina is planned.
IIZVironmental impact
if the project is conducted as proposed the following environmental impacts will
occur.
(1) + 4,250 sq.ft. of unaltered marsh dominated by aatina cynosuroides will be
filled landward of the proposed bulkhead.
(2) + 162 sq.ft. of marsh dominated by aatina patens, artina cynosuroides, and
Scirpus spM. will be filled landward of the proposed bulkhead. This marsh is growing
on altered areas that have been previously filled.
(3) + 2,880 sq.ft. of open water area landward of the proposed bulkhead will be filled.
(4) + 57,600 sq.ft. of open water area will be excavated in the vicinity of the
proposed marina.
(5) + 3.0 acre site adjacent to Blounts Creek will be developed into a marina and
condominium project.
(6) + 25.0 acre site adjacent to Blounts Creek will be developed into a site for a
subsurface vrastewater facility.
David L. Gossett - Washington Office - 11 July 1988
APPLICATION FOR PERMIT
TO DEVELOP IN NORTH CAROLINA'S
COASTAL AREA
BLOUNTS CREEK DEVELOPMENT
87051
BLOUNTS CREEK
BEAUFORT COUNTY, N.C.
OWNER: ROBERT L. FLEMING
ROUTE 1 BOX 222
BLOU14TS CREEK, N.C. 27814
CONSULTING ENGINEER: THOMAS ENGINEERING CONSULTANTS, P.A.
P.O. BOX 1309
NEW BERN, N.C. 28:,00
(919) 637-2727
JUNE 15, 1988
INTRODUCTION
The Blounts Creek Development is located on Blounts Creek in Beaufort
County, N.C. at the east end of the Bridge for SR 1112. Currently there
exists a convenience store and a boat ramp on the site.
The site seems ideally suited for a resort type development. Access to
the water is the main appeal of the site.
PERMIT REVIEW
This permit is being submitted to the Division of Coastal Management, N.C.
Department of Natural Resources and Community Development for review by
that office and the Army Corps of Engineers.
DESCRIPTION OF PROJECT
The project will consist of the addition of three docks for the boat
slips, - 84 slips are planned. Each slip will have water and electric
hook-ups. A portable pump out apparatus will be provided for waste
disposal.
A bulkhead with an integral board walk running the entire length of the
parcel is planned. The design calls for excavation of the Marina altering
the bottom depths from a line approximately 120' out to the high water
mark. The water depths now slope from 6' to 2' deep.
The development also proposes 5 buildings for residential use. There will
be 4 condominium units in each building for a total of 20 units are
plannted.
A bathhouse will be constructed for use by the marina residents. Also a
ships store at the marina is planned.
STORMWATER MANAGEiIENT
Recognizing the potential threat to surface waters, all stormwater runoff
will be directed away from direct discharge to Blounts Creek. Flow will
be carried through grassed swales to the marsh area adjacent to the site.
Furthermore, although the ships store is within 30' of the mean high water
level, the structure will be designed such that roof slopes and/or gutters
Will carry all roof runoff outside the 30' setback.
EROSION CONTROL
An Erosion and Sedimentation Control Plan will be approved by the Land
Qualilty Section, NRCD prior to construction. Standard erosion control
principles and measures will be employed to prevent off site
sedimentation.
WASTEWATER TREATMENT FACILITES
The site will include a pump station to transport wastewater to a
community septic tank and subsurface disposal field on a site also owned
by the applicant. Approval by the Division of Environmental Management,
NRCD will be received prior to construction. A portable pump out
apparatus will be utilized for residents of the marina.
POTABLE WATER SUPPLY
A well will be constructed on the same parcel as the wastewater disposal
system. This facility will pump water to the site. Prior to operation of
the system approval by the Division of Health Services will be obtained.
WETLAND LIMIT
The area considered wetlands on Blounts Creek was previously not wetlands.
This area was eroded away by storms in the past 18 months. The bulkhead
line outside the wetland limit approximates the shoreline of 12 months
ago. It is proposed that the area behind the bulkhead be filled to regain
the area lost to erosion in the past 12 months.
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
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
all projects.
1 APPLICANT
a.. Name ROBERT L. FLEMING
Address ROUTE 1 BOX 222
City BLOUNTS CREEIfitate NC
Zip 27814 Day phone (919) 946-4885
x Landowner or Authorized agent
b. Project name (if any)
BLOUNTS CREEK
c. If the applicant is not the landowner, also give
the owner's name and address.
SAME
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SR 1112
b. City, town, community, or landmark
BLOUNTS CREEK
c. County RF Al .TORT
d. Is proposed work within city limits or planning
jurisdiction.' NO
e. Name of body of water nearest project
RT nT .NTS CRFFK
3 DESCRIPTION AND PLANNED
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
(`nNSTR I ICTTON OF MARTHA (INCLUDING
ST TPS_ RnAT RAMP, RATH HOUSE and
SHIPS STORE), BULKHEAD, CONDOS
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
NEW
c. Will the project be for community, private, or
commercial use?
COM,\,,lERCIAL
d. DMARINA eAf np?gjbEINTlll gP oject.
4 LAND AND WATER
..CHARACTERISTICS :::..
a. Size of entire tract 3 ACRE S ( EXCLUD 1 NG
b. Size of individual lot(s) N/A MARSH
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 1' to 17'
d. Soil type(s) and texture(s) of tract
SANDY
e. Vegetation on tractWOODED AND GRASSED
f. Man-made features now on tract BOAT RAMP,
DOCKS AND STORE
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
NONE
i. How are adjacent waters classified? SA
j. Has a professional archaeological survey been
carried out for the tract? YES ( r N PROCESS
If so, by whom? UNC-W (DR. THQAAS
C. LOTFIEI
5 UPLAND DEVELOPMENT
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, or
structures proposed (5) RESIDENTIAL
BUILDINGS MODNDOiMINIUMS EACH) (1)
BATH HOUSE, AND (1) SHIPS STORE
b. Number of lots or parcels N/A
c. Density (Give the number of residential units
and the units per acre.) 20 UNITS
5 UNITS PER ACRE
d. Size of area to be graded or disturbed
3.8 ACRES
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
NO
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. 20%
9.
h.
i.
k.
List the materials, such as marl, paver stone,
asphalt, or concrete to be used for paved
surfaces. - ASPHALT
If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management? NO
Describe proposed sewage disposal and/or waste
water treatment facilities. OFF SITE
SEPTIC TANK AND SU SAL
FIELD
Have these facilities received state or local
approval? NO
Describe existing treatment facilities.
INDIVIDUAL SEPTIC TANK AND
SUBSURFACE DISPOSAL FIELD
(FOR EXISTING STORE)
1. Describe location and type of discharges to
waters of the state (for example surface runoff,
sanitary wastewater, industrial/commercial
effluent, or "wash down").
NONE
M. Water supply source OFF SITE WELL
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach accessways or pro-
vide new access.
N/A
_
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor? N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
(OPEN WATER)
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
LPAND5CA?i1J?
F-U?.Y_ 00E '>
R 20' 1 '
FEE TAC
" All IENT
480 6+,
AVG.
480' 50'=
b. Amount of material to be excavated fr
below water level in cubic S ds
c. Type of material
d. Does the area to be excavated include (Omarsh?
PEN WATE
land, swamps, or other wetlands.
e. High ground excavation, in cubic yards -0-
f. Dimensions of spoil disposal area 480 x 50=
g. Location of spoil disposal area BEIJIND BULKHEAC
h. Do you claim title to the disposal area?
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be available for future
maintenance?/ YES
If so, where? OFF SITE (SAME OWNER)
J. Does the disposal area include any marshland,
swamOland,'or water areas? NO
k. Will the fill material be placed below mean
high water? YES
1. Amount of fill in cubic yards 2150
m. Type of fill material SANDY SILT
n. Source of fill material BOAT BASIN EXCAVATIOI
o. Will fill material be placed on marsh or other
wetlands? NO
p. Dimensions of the wetland to be filled NA
q. How will excavated or fill material be kept on
site and, erosion controlled? SEEDING AND
MULCHING
(BEHIND BULKHEAD)
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydraulic dredge)? DRAGLINE. DROTT
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.
7: SHORELINE STABILIZATION
a. Length of bulkhead or riprap 480'
b. Average distance waterward, of mean high water
or normal water level -6'- AVG..-
c. Shoreline erosion durine oreeedinQ 12 months,
in feet 6' = AVG.
d. Type of bulkhead material WOOD
e. Amount of fill, in cubic yards, to be placed
below mean high water 3600
f. Type of fill material EXCAVATED
FROM BELOW WATER LEVEL SANDY
SILT)
2
R .
K???r?, ..... ;r.? ,..-...?;.-f?+:.-n-zi=.:i:.-.?•.,3nq?c:?l a=z. a4:?
-G
RIVi1'IO
I ADDITIONAL 0
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 V2 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 road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. 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. 113-229(d).
Name POLLY PURNELL
Address 1509 PALM STREET
GOLDSBORO, N.C. 27530
NameNC DOT (BEAUFORT COUNTY)
Address ATTN: OTIS POTTER
1701 WEST 5th STREET
Name WASHINGTON, N.C. 27889
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
NON
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
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).
nu:
CERTIFICATION AND TERMIS-
SIGN FTO .ENTERN LAND
ter` . , _
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 15th day of June ,
19 88
i
X
Landowner or Authorized agent
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.
3
Form DCM-MP-l
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.
1 MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
x Commercial Public
Residential
b. Will the marina be open to the general public?
yes
c. If there is residential development associated
with the marina, how many units or lots are
planned? 20 condomini umG
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
x Dockage, fuel, and marine supplies
X Dockage ("wet slips") only
Number of slips 8 4
Dry storage
Number of boats
X Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
x 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). mixed types
g. Typical boat length 3 0 '
h. Maximum boat length 4 0 ' o
i. Are any floating buildings planned?
If so, describe. N/A
2 MARINA OPERATIONS
a. Check each of the following sanitary facilities
which will be included in the proposed project.
x Office toilets
x Toilets for patrons 8
Number
BATH H
Location
• Showers
x Boat holding tank pumpout
Type and location Portable
b. Describe treatment type and location for all
sanitary wastewater. Lift station on
qi t,- Repti c tank and subsurface
disposal field
c. Describe solid waste, fish offal, and trash
disposal.
Commercial Carrier
d. How will overboard discharge of sewage from
boats be controlled?
4 i7_cr nap a n t9 P n s y a. c' S
to pump out facilities.
e. Give the location and number of "No Sewage
Discharge" signs proposed.
Every 50' feet on docks.
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts.
N/A
g. Where will residue be isosed of?
h. Give the number of channel markers and "No
Wake" signs proposed. -0-
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. \Vildlife
Resources Commission.
4
i. Give the location of fuel handling facilities and
describe the safety measures planned to protect
area water quality. At Bulkhead Dock Warning
Signs
j. Describe design measures that promote boat
basin flushing or circulation and reduce water
quality impacts. No change in current shoreline
proposed
k. What will be the marina policy on overnight
and live-board dockage?
Primary Function
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?
Boat amp Only
n. How many slips are now available? '0"
S
ATTACHI,,JENT A
APPLICATION TO DEVELOP IN NORTH CAROLINA'S COASTAL AREAS FOR
BLOUNTS CREEK DEVELOPMENT
87051
PIER NO. 1 PIER NO. PIER NO. 3 WALKWAY
LENGTH
.,gip-'
` 315'
245'
480'
TEE LENGTH 60' 80' 80' N/A
DECK WIDTH 6' 6' 6,
# OF SLIPS
14 18 N/A
14 1/2' 17
16 1/2' 0 24 12 N/A
MOORING POLE
SETBACK
30'
FOR 30' FOR
1 FOR
3
N/A
130 r
1/2 L 101 1/2' L 87
40' FOR 40' FOR
198' L 148 1/2 'L