19960338 Ver 1_COMPLETE FILE_19920101

December 4, 1998
MEMORANDUM
TO: Gloria Putnam
THROUGH: John DomeOP)
FROM: Eric Flee (=-
RE: Ensign Harbor Marina (PAMLICO, NCDENR# 953, DWQ# 12293)
Based on a review of the EA, the 401 Wetlands Unit offer the following:
1) The FONSI should address what (if any) additional or new rip-rap or bulkhead will be required
for the additional boat slips. Is this expansion going to be completed without the use of these
materials? If new or additional rip-rap or bulkheads are going to be used how many (linear feet)
and how much fill waterward of MHW will be required?
2) The most recent SAV survey was completed in 1992. A new survey should be conducted in the
immediate vicinity to document the presence of any SAV within the project's proposed footprint.
If there is SAV, its distribution in relation to the expanded marina footprint should be included in
the FONSL
If there are any further questions regarding this matter please feel free to contact me at (919) 733-
1786 or [e-mail]
Environmental Review Tracking Sheet
DWQ - Water Quality Section
Date: It 1-.'1 f 9
MEMORANDUM
TO: Env. Sciences Branch (WO Lab)
O Trish MacPherson (end. sps)
d Kathy Herring (forest/ORW/HQW)
O Larry Ausley (ecosystems)
O Matt Mathews (toxicology)
O Jay Sauber (intensive survey)
Non Discharge Branch (Archdale 9th)
O Kim Colson (Permitting)
Wetlands (WQ Lab)
(g4,'ha,pomey(, orps,.401,,construction) 1?
O Cyndi Bell (DOT)
O Eric Fleek (dredging)
O
DENR # 9.53
d ?? ¢ DWQ # / a,20-3
OEC i
O Asheville O Mooresville O Washington
O Fayetteville O Raleigh O Wilmington
O Winston - Salem
Planning Branch (Archdale 6th)
O Alan Clark (basinwide planning)
O Boyd DeVane (classifications & standards)
O Annette Lucas (management planning)
O Jeff Coutu (water supply)
O Ruth Swanek (modeling) (Archdale 9th)
Point Source Branch (Archdale 9th)
O Dave Goodrich (NPDES) O
O' Bradley Bennett (Stormwater) O
O Tom Poe (Pretreatment) (Archdale 7th) O
FROM Gloria Putnam, Local Government AssisLUnit, Planning Branch, 7th Floor, Archdale
PROJECT: ?. ?\ \\
Attached is a copy of the above document. Subject to the requirements of the North Carolina Environmental
Policy Act, you are being asked to review the document for potential significant impacts to the environment,
especially pertinent to your jurisdiction, level of expertise or permit authority. Please check the appropriate
box below and return this form to me along with your written comments, if any, by the date indicated.
Thank you for your assistance. Suggestions for streamlining this process are greatly appreciated!
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ENVIRONMENTAL ASSESSMENT
For
Compliance with the
North Carolina Environmental Policy Act
ENSIGN HARBOR MARINA
Proposed by
Mr. and Mrs. Nicholas J. Santoro
36 Old Lupton Road
Merritt, NC 28556
[phone]
Prepared for :
North Carolina Division of Coastal Management
Department of Environment and Natural Resources
P. O. Box 27687
Raleigh, North Carolina 27611-7687
[phone]

TABLE OF CONTENTS
Purpose
Background/Proposed Action
1. Existing Environment
2. Project Need
3. Alternative Analysis
a. Proposed Action: Open Water Marina
b. Upland Basin Marina
c. Drystack Storage Marina
d. No Action Alternative
4. Environmental Effects
a. Land Use Changes
b. Wetlands
c. Prime Farmland
d. Public Lands
e. Scenic and Recreational Areas
f. Areas of Archaeological or Historical Value
g. Air Quality
h. Groundwater Quality
i. Water Quality
j. Noise Levels
k. Water Supplies
1. Shellfish/Fish and their Habitats
m. Wildlife and their Habitats
n. Introduction of Toxic Substances
o. Eutrophication of Receiving Waters
5. Cumulative impacts
6. Mitigative Measures
7. Appendix A: N. C. Natural Heritage Program: List of Rare, Threatened and
Endangered Plant and Animal Species and Natural Communities
2
8. Appendix B: U. S. Fish and Wildlife Service: List of Rare and Endangered Species
9. Appendix D: Project Plan/Aerial Site Photograph .
10. Appendix E: Project Site Plan
References
3
ENVIRONMENTAL ASSESSMENT
Ensign Harbor Marina
Browns Creek, PAMLICO COUNTY
North Carolina
Purpose this is an Environmental Assessment as required under the
State Environmental Policy Act (G. S. 113 A-1 through G. S. 113A-12).
The Environmental Assessment is required because the proposed
project involves the use of " public lands," which in this case involves
the construction of a commercial marina over state-owned submerged
lands. This document was prepared following the Procedures for
Complying with the State Environmental Policy Act as outlined by the
State Clearinghouse, North Carolina Department of Administration. This
document is being submitted in conjunction with a Coastal Area
Management Act ( CAMA ) Major Development Permit Application.
Background/Proposed Action: The project site is a 3.6 acre tract located
on the east side of Browns Creek in near Whortonsville, Pamlico County,
North Carolina. The site is located on 36 Lupton Road (SR1326). The
proposed project is the expansion of an existing ten-slip boat dock.
Specifically, the project proponent proposes to construct twelve
additional boat slips by expanding his existing dock to the south. The
proposed expansion combined with the existing slips would bring the
total number of slips at the site to twenty-two. The proposed marina
development and expansion is the focus of this Environmental
Assessment.
1. Existing Environment
The property is a 3.6-acre lot located at 36 Lupton Road near Whortonsville in Pamlico
County, North Carolina. Currently, the owner of the property resides on site in an
existing dwelling. There is an existing pier with a total of ten slips, which are rented.
There is an existing bathhouse with showers and restrooms facilities for patrons of the
marina docks. These existing slips have water and electrical service. There is an
existing gravel drive and parking area on site. . Soils on the site are mapped as
Charleston Loamy Fine Sand.
4
Some of the surrounding land uses includes several one commercial marina, several
residential docks and a few subdivision community docks.
The Coastal Area Management Act (CAMA) Land Use Plan for the County of Pamlico
designates the project area as 'Rural with Services'. The project site is not zoned.
2. Project Need
Marketing analysis by the proponent has identified a need for additional boat slips in
the local community. Typically, the existing facility has a waiting list for potential
renters. In the general Browns Creek/Broad Creek area there are over 100 existing
slips. Several area marinas have recently sold slips and there is a trend in the area for
slip ownership. This trend has further increased the need for slip rentals.
3. Alternatives Analysis
a. Proposed Action: Open Water Marina
The proposed project is the expansion of an existing boat dock. The
applicant proposes to construct a new 8' x 192' extension to the existing
pier. Additionally, the plans call for six 4' x 14' finger piers. A total of 22 slips
are planned. The proposed slip length is 391. That is twelve more than the
existing ten slips.
On the upland area, the applicant proposes to expand the parking. There is
an existing parking area and the applicant proposes to construct an
additional 561 x 100' gravel and marl parking area.
b. Upland Basin Marina
An upland basin marina was considered for the project. However, due to the
project site being located in a primary nursery area and a significant coastal
wetland fringe on much of the property the upland basin alternative was.not
selected.
c. Drystack Storage Marina
An upland basin marina was considered for the project. However, due to the
limited number of slips this alternative was not selected. Additionally, due to the
relatively small scale of the project, the expense of a drystack storage marina
would not be economically feasible. A drystack storage marina would also
require excavation for a travel lift/ launching area and access channel. This
excavation would occur in a primary nursery area.
5
d. No Action Alternative
The no action alternative would be for the existing marine business to continue
to operate without any changes at the site.. A socioeconomic impact of this
alternative would be the potential loss of income to the property owner if he
does. not expand his business. The expansion of the marina may justify the need
for additional employees at the business. The project as proposed will include a
pumpout. If, the project is not constructed then the pumpout will not be made
available.
4. Environmental Effects
a. Land Use Changes
The project as proposed will not create any significant land use changes on
the site. The expanded development of the site will allow for more boat slips
and additional parking area but the marine business character of the site
would remain the same.
b. Wetlands
There are coastal wetlands on the site primarily consisting of Spartina
Cynosuroides and Juncus roemarianas. There also is a small area of 1404'
wetlands on the site. There are no anticipated impacts to wetlands from the
proposed project. A 1992 Resource Assessment of Browns Creek noted " no
evidence of submerged aquatic vegetation was found at sites sampled in
Brown or Broad Creeks." However, the occurrence of Ruppia Maritima,
widgeon grass, has been noted in shallow water along the immediate
shoreline of Browns Creek. Since the proposed slips are all limited to the
waterward side of the proposed dock and the water depth is greater than 51,
there are no significant impacts to SAVs anticipated.
c. Prime Farmland
Charleston Loamy Fine Sand is the dominant soil on site and is classified as
a prime farmland soil. There are prime farmland soils on site but no farmland
currently under cultivation. The parking area expansion will impact .
approximately 5,000 square feet of prime farmland soils and there are no
anticipated impacts to prime farmland from the proposed project. .
d. Public Lands
The proposed marina piers will occupy approximately 13738 sq. ft. of public
trust waters. The current piers and slips occupy approximately 6240 sq. ft.
of public trust waters. The net increase to impacts on public trust waters
from the existing piers to the proposed piers is approximately 7488 sq. ft.
The project site has approximately 435 linear feet of shoreline. The creek
width at the project site is approximately 635' and the proposed total pier
6
length is 185' or less than 113 of the creek width. The existing pier is
approximately 185' or 1/3 of the creek.
e. Scenic and Recreational Areas
The construction or operation of the proposed marina expansion is not
expected to interfere or significantly impact any scenic or recreational area.
f. Areas of Archaeological or Historical Value
Based upon a review of maps compiled by the North Carolina Division of
Archives and History which are housed in the N. C. Division of Coastal
Management's Regional office, there are no known areas of archaeological or
historical value on the project site.
g. Air Quality
The project site is located in an attainment area as designated by the N. C. ,
Division of Air Quality. Due to this fact, it is not anticipated the significant air
quality impacts will occur.
h. Groundwater Quality
There is a plentiful groundwater supply in Pamlico County. According to the
NRCS-USDA Pamlico County Soil Survey, " the surficial aquifer ranges from
the water table to a maximum depth of about 75 feet. The Castle Hayne
Formation is a very productive artesian aquifer and is the main source of
water supply in the county. It ranges from 200 to more than 400 feet thick.
The overlying Yorktown Formation produces moderate supplies of water".
The County of Pamlico's water system currently services the project site.
I. Water Quality
The North Carolina Division of Water Quality designates Browns Creek as
NSW-HQW The area is closed to shellfishing by DMF and DEH and is
designated as a Primary Nursery Area by DMF. The total impervious coverage
for the project site is less than 30%. The applicant has applied for a
stormwater management 'low density development' authorization. The
resource assessment of Browns and Broad Creek included sediment
sampling. Six samples were taken at this proposed project site (2 near shore,
2 in a transition zone, and 2 along transects.) Standard methodology for
dispersal and sieve analysis was performed to obtain mean grain size
estimates. The sediments at the site were classified as fine sands and mean
grain size generally decreased from shore towards the channel.
J. Noise Levels
Noise levels are not expected to significantly increase from the construction
and operation of twelve additional boat slips.
7
k. Water Supplies
The proposed project is not expected to significantly impact the Pamlico
County Water Supply System.
1. Shellfish/Fish and their Habitats
Only short-term minor impacts to shellfish or fish and their habitats are
expected from the construction and operation of the proposed marina. The
brackish waters of Browns Creek are typical of nursery areas found in the
Pamlico Sound and Neuse River estuaries. Fish and shellfish which utilize
these estuarine nursery areas are spot (Leiostomus anthurus) , Atlantic
Croaker ( Micropogonias undulatus ), weakfish ( Cynoscion re_galis ), flounder
Paralicthys spa ), Atlantic menhaden ( Brevoortia tyrannus ), penaied shrimp
Penaeus spp.) , and blue crabs ( Callinectes sapidus). These estuarine
nursery areas are utilized by. these species for parts of their life cycle,
primarily for breeding and/or hatching and early development of the young.
Based on an extensive survey by the North Carolina Division of Environmental
Health, the waters of Browns Creek were closed to shell fishing. At the same
time of the Browns Creek/Broad Creek closure and additional 100 acres within
Orchard Creek were closed. The North Carolina Division of Marine Fisheries
designates Brown Creek as a Primary Nursery Arga.
4
In the',.,,1992 resource assessment of Browns and Broad Creeks, six transects
were conducted at the site of this proposed project. The transects were for
oysters and submerged aquatic vegetation. No oysters (live or dead) or SAV's
were located at the project site. The shellfish survey did indicate the
presence of two small clams, Macoma blathica and Macoma mithelli.
m. Wildlife and their Habitats
The total upland project area is only approximately 3.6 acres and has been
significantly cleared in the past. Based on lists provided by the North
Carolina Natural. Heritage Program and the U. S. Fish and Wildlife Service
there are no known threatened or endangered species or critical habitats at
the project site.
n. Introduction of Toxic Substances
Petroleum products such as gasoline, diesel fuel, lubricants, etc which are
associated with boating activities will be used on boats utilizing the marina.
Bottom paints will be used on vessels occupying the marina. The patrons of
the marina will need to strictly adhere to standards of the Environmental
Protection Agency and the U. S. Coast Guard, as well as other federal and
state laws to minimize impacts to the environment from these substances.
Disposal of hazardous wastes from boat repair and maintenance will be
performed in compliance with existing laws.
o. Eutrophication of Receiving Waters
See description under Water Quality
5. Cumulative Impacts
Cumulative Effects Analysis of A Proposed Marina in Browns Creek
Potential Proposed Action Past Action Other Present Actions Future Actions Cumulative Impacts
Impact Area
Fish Kills and * * *
Disease (
Nuisance Algal
Blooms
Shellfish * ** * * **
Contamination,
Disease, Kills
and Bed Closure
Fish Stock
Reduction
Nursery Habitat
Reduction
Human Health * ** * * +
Hazards
Kev:
* low adverse effect
** moderate adverse effect
* * * high adverse effect
+ beneficial effect ( pumpout installation)'
blank box = no effect
The cumulative impacts from marinas to the environment are identified from the Protecting Coastal Resources from
Cumulative Impacts: An Evaluation of the North Carolina Coastal Area Management Act publication. The primary
causes of these impacts from marinas are identified as:
1) oxygen deficits
2) toxins in water
3) toxins in sediments
4) pathogens
5) nutrient concentration
The cumulative impacts from boat usage are fish kills and disease, nuisance algal blooms, shellfish contamination,
disease, kills and bed closure, fish stock reduction, nursery habitat reduction and human health hazards. Causes of these
impacts from boat usage are listed as:
1) oxygen deficits
2) toxins in water
3) toxins in sediment
9
4) pathogens
5) nutrient recycling
6) turbidity
6. Mitigative Measures
Measures specified in slip lease agreements
No overboard discharge and locked head policy. A marine pumpout will be
provided on-site. Redevelopment is complying with stormwater management
rules and improving the site control of runoff.
10
References
Coastal Marinas: Field Survey of Contaminants and Literature Review, Report No. 91-
03, March 1991.
Considering Cumulative Effects, Council on Environmental Quality, Executive Office of
the President, January 1997.
Guide to Estuaries.Albemarie Pamlico Estuarine Study.
Marinas and Small Craft Harbors,Tobiasson and Kollmeyer, 1991.
North Carolina Administrative Code T15A: Subchapter 213, 7H and 3J.
North Carolina Department of Environment, Health and Natural Resources, Division of
Environmental Management,
North Carolina Coastal Marinas: Water Quality Assessment, Report No. 90-01, January
1990.
Pamlico County Land Use Plan, County of Pamlico, 1992.
Pamlico County Soil Survey, U. S. Dept. of Agriculture, Soil Conservation Service,
August 1987.
Protecting Coastal Resources from Cumulative Impacts: An Evaluation of the North
Carolina Coastal Area Management Act: A Report of the Strategic Plan for Improving
Coastal Management in North Carolina.
North Carolina Department of Environment, Health and Natural Resources, Division of
Parks and Recreation, Natural Heritage Program.
List of. Rare Species of Pamlico County. February 1996.
North Carolina Division of Coastal Management, CAMA Major Permit # 258-88,
December 21, 1988.
Report of Sanitary Survey, Oriental Area, Area F-5, October 1990-May 1997, Shellfish
Sanitation Section, North Carolina Division of Environmental Health
Resource Assessment of Brown Creek, Breedlove, Dennis and Associates, Inc.
December 1992.
Saltwater Sportfishing and Boating in North Carolina, 1981.
SEPA Scoping Meeting, Whortonsville, NC on-site, July 21, 1998.
The Physical Oceanography of Pamlico Sound,Pietrafesa, Janowitz, Chao, Weisburg,
Askari and Noble, Department of Marine, Earth and Atmospheric Sciences, North
Carolina State University
U.-S. Fish and Wildlife Service, Federally-Listed , Candidate Species and Federal
Species of Concern,
April 1996.
12
P
PAMLICO COUNTY
Common Name
Vertebrates
American a1zator
Black rail
Kemp's ridley sea turtle
Northern diamondback terrapin
Red-cockaded woodpecker
Manatee
Vascular Plants
Venus IIyt-aD
Rough-leaved loosestrife
Spring lowering goldenrod
PASQUOT_4:'?'K COUNTY
Common Na-•me
Vertebrates
Bald eaglt
PENDER COUNTY
Common \ame
Vertebrates
Shortnose sturgeon
Bachman's sparrow
American aiiigator
Henslow's sparrow
Loncrhead sea turtle
Piping plover
Rattnesque`s big-eared bat
Southern hogaose snake
Southeastern myotis
Red-cockaded woodpecker
Carolina goohcr frog
Manatee
Invertebrat-s
Buchholfs dart moth
Atlantic pigloe
Venus IIt -wap cutworm moth
Yellow lamomussel
Croatan cravash
Carter's spartiniphaga
Vascular Plants
Seabeach a=aranth
April 1, 1996
Scientific Name
Alligator mssissippiersis
Laterallus jamaicersis
Lepidochel s kempii
,11alaclemvs terrapin terrapin
Picoides borealis
Trichechus manatus
Dionaea muscipula
Lvsimocnia asperrlaejolia
Solidago verna
Scientific Name
Haliaeetus leucocephalus
Scientific Name
Acipenser brevirostrum
Aimophila aestivalis
Alligator m usiss iDp ieru is
Ammodramus henslowii
Caretra caretta
Charadrius melodus
Corvnorninus (=Plecotus) ra4;;csoufi
Heterodon simus
jtfvotis austroriparius
Picoides borealis
Rana cgDito cap iio
Trichecnus manatus
Status
T(S/A)
FSC
Endangered
FSC
Endanaer ed
Endang°r ed
FSC
Endan_zered
FSC
Status
Threatened
Status
Endangered
FSC
T(S/A)
FSC
Threatened
Threatened
FSC
FSC
FSC
Endanaer ed
FSC
Endanaer ed
Across buchnoL FSC
Fusconaia masoni FSC
Hemipacnnobiasubporp;rvr'asubporpm-rea FSC
Lampsilis cariosa FSC
Procambcrrs plumimarus FSC
SDartiriphaga carterae FSC
1 -aranthus pumilus
Thrcatcned
33
SCIENTIFIC AND STATE FED. STATE
CONU TON NAME PROT. PROT. RANK
Pamlico
Vertebrates
ALLIGATOR MISSISSIPPIENSIS T
AMERICAN ALLIGATOR
BOTAURUS LENTIGINOSUS SR
AMERICAN BITTERN
HIMANTOPUS MEXICANUS SR
BLACK-NECKED STILT
LATERALLUS JAMAICENSIS SR
BLACK RAIL
LEPIDOCHELYS. KEMPII E
ATLANTIC RIDLEY (TURTLE)
MALACLEMYS TERRAPIN TERRAPIN SC
NORTHERN DIAMONDBACK TERRAPIN
NERODIA SIPEDON WU_LIAMENGELSI SC
CAROLINA SALT MARSH SNAKE
PICOIDES BOREALIS E
RED-COCKADED WOODPECKER
TRICHECHUS MANATUS E
MANATEE
LRSUS AMERICANUS SR
BLACK BEAR
Vascular plants
CAREX LUPUZIFORMIS SR
HOP-LIKE SEDGE
DIONAEA MUSCIPULA C-SC
VENUS FLYTRAP
LYSIMACHIA ASPERULIFOLIA E
ROUGH-LEAF LOOSESTRIFE
PLATANTHERA INTEGRA T
YELLOW FRINGELESS ORCHID
SOLIDAGO VERNA E/PT
SPRING-FLOWERING GOLDENROD
Natural communities
BRACKISH MARSH _
COASTAL FRINGE EVERGREEN FOREST -
ESTUARINE FRINGE LOBLOLLY PINE FOREST -
HIGH POCOSIN
LOW POCOSIN _
MESIC MIXED HARDWOOD FOREST (COASTAL PLAIN -
NONRIVERINE SWAMP FOREST -
NONRIVERINE WET HARDWOOD FOREST -
PINE/SCRUB OAK SANDHILL _
NC NATURAL HERITAGE PROGRAM, NC DIVISION OF PARES A_N'D RECREATION, DEHNR
Data compiled using BCD software developed. by The Nature Conservancy.
T(S/A) S3
- SIB,S3
- S2B
C2 S3B,S2
LE SAB,SZ
C2 S3
- S3
LE S2
LE SIN
- S3
GLOBAL,
R.AINK
G5
G4
G5
G4?
GI
G5T5
G5T3
G3
G2?
G5
- SI G3?
C2 S3 G3
LE S3 G3
- S1 G4
C2 S3 G3
S5
SI
S3?
S4
S3
S4
S3
SI
S3
G5
G3?
G3?
G4
G3
G5T5
G2G3
G1
G4
FEBRUARY19%
1 '
. SCIENTIFIC AND
COMMON NAME
POND PINE WOODLAND
TIDAL CYPRESS-GUM SWAMP
WET PINE FL.ATWOODS
Spe--cial animal habitats
GULL*TERN*SKIMMER COLONY
COLONIAL WATERBIRDS NESTING SITE
MARSH BIRD NESTING AREA

STATE FED. STATE
PROT. PROT.. R-4-ti-K
S4
- - S3
S3
GLOBAL,
RANK
G4G5
G4
G3G4
NC NATURAL HERITAGE PROGRAM, NC DIVISION OF PARKS AIM RECREATION, DEHNR FEBRUARY1996
Data compiled using BCD software developed by The Nature Conservancy.
Ensign Harbor Marina
Proposed Expansion- Twelve Additional Slips
Whortonsville, NC- Pamlico County
August 1998

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SI TE DEVEL OPMENT PLAN
SEAL ENSIGN HARBOR MARINA
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'? II pf q8 DATE• JUNE 5, 1998
r
i
December 4, 1998
MEMORANDUM
TO: Gloria Putnam
THROUGH: John Dorney
FROM: Eric Fleel?_ (-?
RE: Ensign Harbor Marina (PAMLICO, NCDENR# 953, DWQ# 12293)
Based on a review of the EA, the 401 Wetlands Unit offer the following:
1) The FONSI should address what (if any) additional or new rip-rap or bulkhead will be required
for the additional boat slips. Is this expansion going to be completed without the use of these
materials? If new or additional rip-rap or bulkheads are going to be used how many (linear feet)
and how much fill waterward of MI-1W will be required?
2) The most recent SAV survey was completed in 1992. A new survey should be conducted in the
immediate vicinity to document the presence of any SAV within the project's proposed footprint.
If there is SAV, its distribution in relation to the expanded marina footprint should be included in
the FONSI.
3) As the EA notes, this marina expansion will be occurring in SC, NSW, HQW and PNA
classified waters. Further, as the EA notes, the presence of many commercially important, PNA-
dependent vertebrates (weakfish, flounder, menhaden) and invertebrates (blue crab, penaied
shrimp) are found in the area. There is numerous data detailing the adverse toxic effects of
antifouling substances from boats on polycheates (Moore et. al. 1991), amphipods (Meador et. al.
1993), molluscs (Bryan et. al. 1989), benthic invertebrates and their instars (Salazar and Salazar
1988), flounder (Meador 1997) and how accumulated levels of anti-fouling materials derived
from paint on boats can accumulate in sediments (Lee et. al. 1987) and become bioaccumulated
in the food chain (Lee et. al. 1987). On Page 10, under "Mitigative Measures" the lease
agreements will require: 1) No overboard discharge and a locked head policy. ddigial
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