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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 Previous objections to the permit are hereby withdrawn.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 i+fl<:!)r"iTA D t::Ai''iri/401 REV DATE 01/25/09 'ACTION , ;.i''fO FILE t :!3";.:t•il"ifS401 P ?°+SWD FORMAT .j t'?i!°;..•,` 'iA NEXT !,:t1 00444 .. RECORD AHAS ..s BEEN CHANGED, RECORD 00443 FR D DATA ,.; r??.. - ,.., 3. !,(': , , !:'F?,(••i r• 3_.s::.s t.i.t•fC' . ROBERT COUNTY: .i.:.s'• i. F(::i:T i'=:..,:r.i.t:iN: 0-}` 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 ,:? :.. . . ? 1 .. ,...: ? a 3"S h•t Y :..1.: S"? ,.: r, " t ?, ;....K 11.! l... D FINAL REPORT: 8901Z], RECEIVING STREAM: B;...:..,.t;! ,:; j:jAi CLASS: SO BASIN: TAI:.-'..'- 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,*.-.*.' WARK) 41% TOO AL. 411 LLS -11 E JAN 2 V/!FltI,CEr){' vi-ufOct, s? A„a ST TEo n p ( s", 9 Vin. a a R E 07 V :. J t- tJ 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 PA i'`i r"t i' .<:i Cl, i i::: v :.} r.... ,:...., . ;.h ? :; T ':1.(::1'i' 1.1'!t? 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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