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HomeMy WebLinkAbout19930887 Ver 1_Complete File_19930510State of orth Carolina Depart ent of Environment, Health nd Natural Resources Div/sio,n f Environmental Management Jdme B. Hunt, Jr., Governor Jona an B. Howes, Secretary A. Pr6ston Howard, Jr., P.E., Director August 24, 1994 MEMO TO: Dr. Charles (Pete) Petez'son FROM: John Dorn RE: Carteret County boa ramp Request for information AIFIWA ED F= F1 FILE COPY Enclosed are all the letters in the Division of Coastal Management file with respect to the proposed boat ramp on Harkers Island. As you can see from the letters, all state and Federal agencies objected to the project based on SAV and shellfish impacts. The Division of Coastal Management denied the permit on 9 December 1993. 1786. If you need further information, please call me at 919-733- peter.mem cc: Boyd DeVane P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Aw • Division of Coastal Management James B. Hunt, Jr., Governor p E H N F1 Jonathan B. Howes, Secretary Roger N. Schecter, Director December 9, 1993 AUG 1 d 1994 Certified Mail Return Receipt Requested Mr. Henry Gunn County Manager Carteret County Courthouse Square Beaufort, NC 28516 Dear Mr. Gunn: This letter is in response to the request by the County for permits under the Coastal Area Management Act (CAMA) and the state dredge and fill law to develop a boat launching facility at Harkers Island, on Back Sound, off of SR1335. Processing of the application, which was received on September 22, 1993, and for which notice of extended review was given on December 8, is now complete. Based on a coordinated, joint state and Federal agency review, this Division has made the following findings: 1) The channel portion of the proposed project would require excavation of approximately 16,700 sq. ft. of shallow water habitat, all of which is characterized as submerged aquatic vegetation (SAV) habitat by the National Marine Fisheries Service (NMFS); and 4500 sq. ft. of the total is actually vegetated with SAV, primarily eelgrass. A lesser amount of near shore habitat, 1740 sq. ft. would be filled by boat ramp construction; 2) It is the position of NMFS that, in addition to direct impact from excavation and filling, boat traffic, after project completion, would cause indirect impacts on the surrounding SAV habitat due to elevated turbidity and prop scarring from boat propellers; P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Mr. Henry Gunn Page 2 December 9, 1993 3) According to the EPA, the importance of SAV is well documented in scientific literature. Seagrass communities are vital in their functions as primary producers, binding sediments which reduces erosion and preserve sediment microflora, and influencing nutrient cycling between sediment and overlying waters; 4) The state Division of Marine Fisheries found SAV also, and shellfish, in the project alignment and reports the importance of SAV habitat for scallops, clams, shrimp, blue crabs, and numerous species of finfish, both juveniles and adults; 5) Back Sound immediately adjacent the project site is classified Outstanding Resource Water, SA and open to shellfish harvest; 6) It is the consensus of key resource agencies that the proposed project, would result in adverse impacts to these estuarine resources. During the course of the review, three federal and two state agencies objected to the proposal; 7) The project has been determined to be inconsistent with this partial listing of Rules of the Coastal Resources Commission: a) NCAC T15A.0208(a)(2)(B which requires that the permit-letting authority find the applicant has selected a combination of sites and design that will have minimum adverse impacts upon the productivity and biologic integrity of shellfish beds and submerged aquatic vegetation, b) .0208(b)(1) which requires that channels be aligned to avoid submerged aquatic vegetation, and c) .0206(c) which states that the Management Objective for estuarine waters is to give the highest priority to the conservation and management of the important feature so as to safeguard and perpetuate their biological values. Given the foregoing findings, it is necessary that your request be denied. This denial is made under N.C.G.S. 113-229(e)(5) which provides for denial upon finding an adverse impact to esutarine resources and N.C.G.S. 113-120(a)(8) which requires denial if a project proposal is determined to be inconsistent with the state guidelines. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. O. Drawer 27447, Raleigh, NC 27611-7447 (919) 733-2698 within 20 days of this decision on your permit application. A copy of the petition should be filed with this office. d ? `w Mr. Henry Gunn Page 3 December 9, 1993 Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management Program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. Should you appeal this denial and receive a favorable finding from the Coastal Resources Commission, be advised that an Environmental Assessment under the State Environmental Policy Act must be submitted for multi-agency review prior to permit action. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-2293, P. O. Box 27687, Raleigh, NC 27611. Sincerely, Roger'N. the er, Director RNS/aw cc: Timothy R. E. Keeney U.S. Dept. of Commerce, OCRM Washington, D. C. Colonel George L. Cajigal Corps of Engineers Wilmington, NC -ft MEMORANDUM: TO: JOHN PARKER FROM: CHARLES S. JONES SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT - CARTERET COUNTY - HARKERS ISLAND BOAT RAMP DATE: November 29, 1993 _ As you know, this project has received numerous objections from state and federal review agencies and is, inconsistent with the Coastal Resources Commission's Guidelines for Development within Areas of Environmental Concern. Additionally, the project is inconsistent with the Dredge and Fill Law (GS 113-229). The project is subject to the NC State Environmental Policy Act (SEPA), but the county has not prepared the appropriate documentation. We, however, made the determination early in the permit process to continue processing their request and make a final decision without that documentation. This was based upon the fact that the County was informed during pre-application meetings that the project would likely be denied because of impacts to estuarine resources and that modifications to the project at this site locations would not alleviate those objections. The County has taken the position that this property is the most appropriate site to construct a public boat ramp facility and have requested a permit decision. With this in mind, we felt that the benefits that would be obtained from requiring the county to prepare a SEPA document would be minimum and would create an additional expenditure of public monies without any substantive result. Based upon the comments. received form the resource agencies during the permit review, I would recommend that this project be denied based on inconsistencies with the following Commission rules and General Statue: 1. 15A NCAC 7H.0208(a)(2)(B) This general use standard requires a finding be made that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biological integrity of shellfish beds and beds of submerged aquatic vegetation. I do not feel that the County has selected an appropriate site to construct this facility. 2. 15A NCAC 7H.0208(b)(1) This specific use standard requires that navigation channels be aligned so as to avoid highly productive shellfish beds and beds of submerged aquatic vegetation. The navigation channel proposed by the County does not avoid those impacts. 3. GS 113A-120(a)(8) This requires the denial of the CAMA permit when the development is.inconsistent with the Commission guidelines. 4. GS 113-229(e)(5) This requires the denial of the Dredge and Fill Permit upon ... November 29, 1993 Page ,2 the finding that there will be significant adverse effect on estuarine and marine fisheries. According to those agencies with marine fisheries expertise, this proposed project would have adverse impacts and therefore should be denied under this statue. Unfortunately, the County has selected an inappropriate location to construct a boat ramp facility. Finding an alternative site on Back Sound will be difficult because of the extensive presence of SAV and shellfish resources along the shoreline and I think we should point that out in the denial letter. Please contact me if you have any questions concerning this recommendation. cc: Preston Pate Cliff Winefordner, COE MEMORANDUM: TO: John Parker FROM: Kathy B. Vinson SUBJECT: Consistency Determination, Major Permit Application, County of Carteret (Harkers Island Boat Ramp) DATE: November 1, 1993 Carteret County is proposing to construct a public boat ramp facility. with an associated dredged access channel at a site located on SR 1335 and adjacent to Back Sound in the community of Harkers Island. The project includes an 18 space vehicle parking area. AECs impacted by the proposal include Estuarine Waters, Public Trust Areas, and the Estuarine Shoreline. The waters of Back Sound are designated as "SA" and "Outstanding Resource Waters" (ORW) and are open to the harvesting of shellfish. The National Marine Fisheries Service has determined that the majority of the area in front of the project site is submerged aquatic vegetation (SAV). The North Carolina Division of Marine Fisheries has not conducted a shellfish evaluation of the site, but several scallops and hard clams were observed on a site inspection, according to the field investigation report. The U.S. Army Corps of Engineers has determined that the site is not a wetland. I have reviewed this project for consistency with the 1991 Carteret County Land Use Plan (LUP) Update, as amended September 24, 1993 and offer the following comments. The general area of the project is classified as Limited Transition, while the AECs impacted by the proposal are classified as Conservation. Resource Production and Management Policies contained in the Plan include those for Marine Resource Areas (p. IV-11). Except for certain exceptions (none of which appear to be applicable to this project), Carteret County supports the use standards for estuarine , public trust, and ORW waters. Provided all 7H Use Standards can be met, this project appears to be consistent with the amended Carteret County LUP. CC: Pres Pate Charles Jones State of North Carolina ? y GE O Department of Environment, , L Health and Natural Resources NOV 15 19193 Division of Environmental Managem James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director TAT ?:- .November 12, 1993 First Citizens Bank & Trust Vivian S. Huntley P.O. Drawer P Greensboro, N.C. 27402 Project # 93887 Carteret.County Dear Ms. Huntley:' LT:.WVWA IF= F1 The Division of Environmental Management, Water Quality Section has reviewed your plans at Harker's Island in Carteret County for channel excavation for Harker's Island boat ramp. Based on this review, we have identified significant uses which would be removed by this project. These uses are submerged aquatic vegetation (sav) and shellfish harvesting. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in wetlands. Therefore, we are moving toward denial of your 401 Certification. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed as planned and that you have no . practicable alternative to fill of these wetlands. Specifically can you construct your boat ramp without channel excavation or excavation without impact on SAV? Any documentation such as maps and narrative which you can supply to address upland alternatives may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to our Mr. Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Sincerely, 93887.na cc: Wilmington DEM Regional John Parker, Division of Wilmington Office Corps Central Files Jo n ?R.Dorqey We laanTech ical Review GrouD Office Coastal Management of Engineers P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper . ? pOyy'l? yw •....y ?sA 4 4 / State of North- Carolina Department of Environment, Health, and Natural R Division of Coastal Management 3441 Arendell Street 0 Morehead City, North Carolina 28557 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary October 13, 1993 MEMORANDUM: TO: Dr. William Hogarth, Director Division of Marine Fisheries FROM: SUBJECT: Applicant: Project Location: Proposed Project: John R. Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review County of Carteret 0C /?e - ?? FO ?`'?r'?t X993 Roger N. Schecter Director adjacent to SR1335 & Back Sound, in the community of Harkers Island, Carteret County to construct a public boat ramp facility with an associated dredged access channel Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 3, 1993. If you have any questions regarding the proposed project, please contact Charles Jones at 919/726-7021, Ext. 263. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. _X This agency objects to the project for reasons described in the attached comments. SIGNED &&2' Al DATE IQ-19 9,3 rT P.O. Box 769 Morehead City, N.C. 28557 • Telephone 919-726-7021 • Fax 919-247-3330 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources 4 • • Division of Marine Fisheries AW% James B. Hunt, Jr., Governor ? c Jonathan B. Howes, Secretary C William T. Hogarth, Ph.D., Director MEMORANDUM _ TO: JOHN PARKER FROM: LINDA MERCERO " DAVID TAYLOR .Dkr DATE: OCTOBER 19, 1993 SUBJECT: CARTERET COUNTY, PUBLIC BOAT RAMP, HARKERS ISLAND, BACK SOUND The Division of Marine Fisheries objects to the proposed construction of a public boat ramp facility with an associated dredged basin and access channel in Back Sound. According to the field investigation report, it is estimated that approximately 4,500 'sq. ft. of submerged aquatic vegetation (SAV) would be directly impacted by the proposed dredging. In addition, the National Marine Fisheries Service has determined that the majority of the shallow bottom area in front of the property is SAV habitat. It was also noted that scallops and hard clams were observed in the area. It is well documented that SAV is important habitat for scallops, clams, shrimp, blue crabs, and numerous species of finfish, including both juveniles and adults. Accordingly, navigation channels and boat basins must be located so as to avoid beds of submerged aquatic vegetation (15A NCAC 7H .0208(b) (1). A site visit and preliminary shellfish survey was conducted in June of 1992 by the Division of Marine Fisheries (see attached). .This visit resulted in the finding of seagrass and shellfish. LM/sh P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper TO: David Noble FROM: David Taylor o'I DATE: June 3, 1992 SUBJECT: Proposed Harkers Island Boat Ramp On June 3,1992 I made a preliminary site visit to the county's proposed boat ramp facility on Harkers Island. The purpose of the visit was to determine if sea grass and/or shellfish resources were present in the area that would be impacted by the construction or operation of the ramp. My schedule and the weather forecast prevented me from conducting the raking survey at low tide and instead, I went on a rising tide. The survey, which consisted of approximately one hour of raking square meter samples where possible, yielded 13 bay scallops and no clams or oysters. The area sampled extended from the end of the "breakwater" east parallel to the shoreline to the property edge in waters out to 3 1/2 feet deep (see attached map). The shoreward third of the area (depths to one foot) was characterized by trash and debris from the rip rap bank, shelly bottom, and patches of "black rock" which appeared to be peat deposits. One scallop was found in this area near the breakwater. Codium and several species of algae and bryozoans were found in this area and on the shore in heavy concentrations. The offshore section (depths 3 - 3 1/2 feet) contained sea grass (eel and shoal) patches of unknown configurations determined by dragging the rake through while walking and feeling the rhizomes. It was in this section that ten of the scallops were found and the peat clumps were not present. The middle third contained a combination of sea grass, hard sand bottom and peat clumps. Three scallops were found associated with the grass. I will discuss my findings with Ron Sechlar who is examining aerial photography of the site. Poor visibility and high water precluded me from determining the significance of the seagrass patches and perhaps his photographs can help delineate them. ice: 7M 1.1? 4 f nlvd t fd ? .3 ?lu?ul nests ?? ? ?9 • N a DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 20, 1993 IN REPLY REFER TO Regulatory Branch Action ID. 199400195 Mr. Henry Gunn Carteret County Courthouse Square Beaufort, North Carolina 28516 Dear Mr. Gunn: By copy of North Carolina Department of Environment, Health and Natural Resources letter to you of December 9, 1993, we have learned that State authorization for you to excavate a channel and basin and construct a boatramp facility on Back Sound, Harkers Island, Carteret County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army application is hereby denied, and your file has been retired. Additionally, unfavorable comments from Federal review agencies were provided to you by our letter of November 24, 1993. These Federal agencies' comments identify concerns in addition to those in the State's denial letter. While appealing the State permit is the next step in pursuing State authorization, you should be aware that Federal agency comments will be unchanged by the outcome of that appeal. Because of the Federal agencies' influence on Department of the Army permit decisions, it is unlikely a Department of the Army permit would be available unless your project can be modified to lessen its impacts. Mr. Scott McLendon of my Wilmington Field office staff is available to answer any questions you may have or to assist you in developing a revised plan. He may be reached at telephone (910) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished: John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 23, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199400195 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application cf Carteret County for a Department of the Army permit to excavate a channel and basin and construct a boatramp facility on Back Sound, Harkers Island, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letters of November 9, 1993 (copies enclosed), the National Marine Fisheries Service (NMFS) and the U.S. Environmental Protection Agency (EPA) recommend that the application be denied. Both agencies express their opinions that the direct and indirect a verse impacts on aquatic resources, especially submerged aquatic vegetation (SAV), would be unacceptable. We concur with the review agencies, recommendations. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4725. Sincerely, 0G.-ee Wrig t egulatory Branch Enclosures -2- Copies Furnished (without enclosures): Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtlartd Street, N.E. Atlanta, GA 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769Morehead City, North Carolina 28557 a4?`"T 01 C? ~I O s?0 ??47as pf UNITED STATES DEPARTMENT' OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9450 Koger Boulevard i St. Petersburg, FL 33702 Hca-,v o November 9, 1993 Colonel George L. Cajigal District Engineer, Wilmington District Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Scott McLendon Dear Colonel Cajigal: lql+ ntq? In accordance with Part IV, Section 3(a) of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am notifying you of the National Marine Fisheries Service's (NMFS) intent to consider referral of Department of the Army permit application 199400195(GP") dated October 15, 1993. At issue is a request by Carteret County to dredge an access channel and boat basin in Back Sound at Harkers Island, Carteret County, North Carolina. The purpose of the project-,is to develop a public boat ramp to provide access to the waters of Back Sound. This letter details reasons: (1) aquatic resources of national importance; and (2) why issuance of the specific permit must be conditioned or denied to protect these resources. The proposed work consists of dredging a 450-foot-long by 32-foot- wide top width by 3-foot-deep access channel and a 115-foot-long by 25 to 52-foot-wide by 3-foot-deep boat basin. Also proposed is the construction of two concrete boat ramps 60-feet-long by 58-feet- wide by 6-inches-deep and three piers and walkways to provide temporary access for unloading and loading boats. A NMFS biologist inspected the project site in August 1992. We have also reviewed aerial photography of the project area and submerged aquatic vegetation (SAV) habitat maps developed by our Beaufort Laboratory, Habitat Characterization Team. Back Sound provides habitat for a host of commercially, recreationally, and ecologically important species of fish and shellfish. Fishery resources commonly found in the project area include shrimp (Penaeus spp.), hard clams (Mercenaria mercenaria), blue crab (Callinectes sapidus), bay scallop (Argopecten irradians), Atlantic menhaden (Brevoortia tyrannus), bay anchovy (Opisthonema oglinum), bluefish (Pomatomus saltatrix), spotted seatrout (Cynoscion nebulosus), weakfish (Cynoscion regalis), spot (Leiostomus xanthurus), red drum (Sciaenops ocellatus), and summer flounder i 4 "rtrn OF -(Paralichthys dentatus).1 The project site is mapped as SAV habitat and is predominately vegetated with eelgrass (Zostera marina). Studies conducted by the NMFS indicate that SAV habitat is extremely important in the production of fishery resources.2 It is a source of primary production that is an important component in the aquatic food chain. In addition, SAV provides a refuge from predators and a nursery area for juvenile red drum, as well as, the other species listed above.3 Dredging of the proposed boat basin and access channel would result in the permanent loss of 0.38 acre of shallow water SAV in Back Sound. In addition, increased boat traffic will cause indirect adverse impacts on the surrounding SAV habitat due to elevated turbidity and prop scarring from boat propellers.4 The North Carolina Division of Marine Fisheries has determined that the project area supports shellfish resources including hard clams and bay scallops for which SAV provides essential . habitat. Furthermore, the waters of Back Sound have been designated by the North Carolina. Division of Environmental Management as outstanding Resources Waters which identifies high quality waters and as "SA", open for shellfishing. Of the species listed above, red drum, bluefish, spotted seatrout, Atlantic croaker, summer flounder, blue crab, and hard clam are identified in Section 906(e) (1) of the Water Resources Development Act of 1986 (PL 99-602) as species of "national economic importance". Red drum are under federal management pursuant to the Magnuson Fishery Conservation and Management Act. The Mid-Atlantic Fishery Management Council, in cooperation with the South Atlantic Fishery Management Council, has developed Fishery Management Plans (FMP) for bluefish and summer flounder. The FMPs for these species 1Nelson, D.M., E.A. Irlandi, L.R. Settle, M.E. Monaco, and L.C. Coston-Clements. 1991. Distribution and Abundance of Fishes and Invertebrates in Southeast Estuaries. ELMR Rept. No. 9. NOAA/NOS Strategic Environmental Assessments Division, Rockville, MD. 177p. 2Thayer, G.W., W.J. Kenworthy, and M.S. Fonseca. 1984. The ecology of eelgrass meadows of the Atlantic coast: a community profile. U.S. Fish and Wildl. Ser. FWS/OBS-84/02. 3Holt, J., C.L. Kitting, and C.R. Arnold. 1983. Distribution of red drum among different seagrass meadows. Trans. Am. Fish Soc. 112:267-271. 4Kenworthy, W.J., and D.E. Haunert (eds.) 1991. The light requirements of seagrasses: proceedings of a workshop to examine the capability of water quality criteria, standards, and monitoring programs to protect seagrasses. NOAA Technical Memorandum NMFS- SEFC-287. specify rigorous management and protection for the managed species and their essential habitats as aquatic resources of national importance. We understand the water dependence and public interest nature of the proposed project. However,, completion of this work would result in direct and indirect adverse impacts on aquatic resources of national importance. In view of this, the NMFS recommends that federal authorization of this work not be granted. A number of commercial boat ramps currently exist on Harker-s Island. Therefore, access to the surrounding waters is available. If the applicant desires additional water access, we encourage consideration of alternative sites that will not result in adverse impacts on important fishery habitat. We appreciate the opportunity to provide these comments. Sincer y, ?And?eas Mager Jr. Assistant Re ional Director Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SE02 Ja'tEO S74, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ?44!6 PI C tir, PROA ? REGION IV 345 COURTLAND STREET, N.E. RQn??A° ?? ATLANTA. GEORGIA 30365 NOV 0 9 1993 REF: 4WM/WOWB/LP Colonel George L. Cajigal District Engineer U.S. Army District, Wilmington P.O. Box 1890 Wilmington, N.C. 28402-1890 ATTN: Mr. Scott McLendon SUBJECT: Carteret Co. Boat Rump (P/N # 199400195) Dear Colonel Cajigal: RECEIVED NOV 1 7 1993 REGULATORY BRANCH This is in response to the subject public notice proposing to construct a public boat ramp facility with an associated dredged access channel in Back Sound at a site adjacent to SR 1335, Harkers Island, Carteret County, North Carolina. As a result of this activity, approximately 16,700 sq. of shallow water habitat bottom will be removed by excavation activity and 1,740 sq.ft. filled for the boat ramp. The proposed access channel will eliminate approximately 4,500 sq.ft. of submerged aquatic vegetation (SAV) and an undetermined population level of scallops and hard clams. It should be noted that the majority of the shallow bottom area in front of the subject property has been identified as SAV habitat by the National Marine Fisheries Service. The importance of SAV is well documented in scientific literature. Seagrass communities are vital in their function as primary producers, binding sediments which reduces erosion and preserves sediment microflora, and influencing nutrient cycling between sediments and overlying waters. It is clear that the proposed project will eliminate an important aquatic site and would result in significant direct and cumulative adverse environmental impacts. Consequently, it is our interpretation that the subject activity does not meet the requirements of the 404(b) Guidelines to receive a permit and should be denied. D To: John Dorney Planning Branch kui - 3 W DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON C a SS WQ SUPERVISOR: ADKINS DATE: November 1, 1993 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 93 PERMIT NO.: 93887 COUNTY: Carteret PROJECT NAME: County of Carteret / Harkers Island Boat Ramp PROJECT TYPE: Dredging PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: October 15, 1993 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030504 *STREAM OR ADJACENT WATER BODY: Back Sound CLASS: SA ORW STREAM INDEX #: 21-35-(1.5) *OPEN OR CLOSED: Open WL IMPACT: N/A WL TYPE: OW WL REQUESTED: N/A WL ACR EST: N/A HYDRO CNECT?: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: Other STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: Plan has not been submitted to Division. PROJECT DESCRIPTION: The applicant proposes to construct a public boat ramp facility and dredge an access channel and basin. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: Individual Certification for construction of the boat ramp. Project would also need to meet the requirements of General Certification #2668 for dredge spoil dewatering. SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 1,740 sq. ft. WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? Yes DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? Yes (See comments below) IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes 93887.Oct Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: The project as proposed will result in the excavation of 16,700 sq. ft. of shallow water bottom habitat. National Marine Fisheries Service has determined that most of the area in front of this property is SAV habitat and that approximately 4,500 sq. ft. of SAV would be impacted by the excavation. Indirect impacts to SAV outside the channel alignment could also be expected due to increased boat activity associated with the ramp facility. It is unknown at this time to what extent shellfish resources occur in the project area however DCM states that several hard clams and scallops were observed in the area during a site inspection. 15A NCAC 2B .0216 (c)(2) (Outstanding Resource Waters) States that no dredge or fill activities will be allowed where significant shellfish or SAV bed resources occur, except for maintenance dredging. Therefor it is recommended that the project as proposed be denied. cc: Central Files Wilmington Regional Office Files DCM-Charles Jones John Parker HUG-09-1994 0?: 13 FROM I HS ' .-,Tc to of North Carolina D:-,pgrtment of Environment, Health and Natural Resources DivisA of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes. Secretary A. Preston Howard, Jr., P.E., Director November 12, 1993 First Citizens Eank & Trust Vivian S. Huntley p.0. Drawer P Greensboro, N.C. 27402 Project * 9388 Carteret County TO 171137331338--7?? P.02 AV N ?EHNF? Dear Ms. Huntley:, The Division of Environmental Management, Water Quality Section has reviewed your plans at Harker's Island in Carteret C unty for channel e:'.cavation for Harker's Island boat ramp. Based o this review, we have identified significant uses which would be removed by this project. These u s are submerged aquatic vegetation (sa) and be evbuiidenltce iass present in shellfish harvesting. furthermore, insufficient in our files to conclu' that your project must wetlands. Therefore, we are moving toward denial`s `der i cation. Until we receive additional ax:e of requesting (by copy of this letter) that the U.S- y information, we Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting youx position that v our project must be constructed as planned and that you have no practicable alternative to fill of these wetlands. Specifically can you construct your boat tamp without channel excavation or 'excavation without impact on SAV? Any documentation such as maps and narrative which you can supply to address upland alternaLi.ves may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one cope to our Nir. Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Sincerely, ,To n R. Dorney We lands and Tech ical Review Group 93887.na Wilmington DEM Regional Off ice john Parker, Division of Coastal Management Wilmington Office Corps of Engineers Central Files P.o. Box 29535. Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Lmp1oYer 50% recycled/ 10% post-coruumer paper TOTAL. P.02 HUG-09-1994 0?:13 FROI-1 IlS TO INSTITUTE OF MARINE SCIENCES UNIVERS/7Y OF NORTH CAROI-/NA AT CHAPEL HILL 3431 ARENDELL. STREET MOREHo!ZAD CITY, NORTH G4ROL11VA 2,9557 USA PHONE,' (1919) 2:26-.6841 FAX,- (919) 726-2¢26 170073-31 38 -777 P.01 FAX TRANSMISSION from INSTITUTE OF MARINE SCIENCES ITO LOCATION: u DE rl N? FAX NUMBER: ?p _ ?" J _ P -3 3 9- 1 FROM= Pe, 4c- DATE: 16 PI TIME: TOTAL NUMBER OF PAGES INCLUDING THIS PAGE COMMENTS: IF YOU DO NOT REI'E7VE ALL PAGE, PLEASE CONTACT OUR OFFICE AT (979) 726-6847 MEMO DATE: TO: ? SUBJECT: ?S a Qua From: „STATE 0 '?MIiL R. ?° Y Y QUAM North Carolina Department of Health, and Natural Resources Environment, C9 Printed on Recycled Paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director First Citizens Bank & Trust Vivian S. Huntley P.O. Drawer P Greensboro, N.C. 27402 Project # 93887 Carteret County Dear Ms. Huntley: November 12, 1993 Oak M IL E:> FE F1 The Division of Environmental Management, Water Quality Section has reviewed your plans at Harker's Island in Carteret County for channel excavation for Harker's Island boat ramp. Based on this review, we have identified significant uses which would be removed by this project. These uses are submerged aquatic vegetation (sav) and shellfish harvesting. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in wetlands. Therefore, we are moving toward denial of your 401 Certification. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed as planned and that you have no practicable alternative to fill of these wetlands. Specifically can you construct your boat ramp without channel excavation or excavation without impact on SAV? Any documentation such as maps and narrative which you can supply to address upland alternatives may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to our Mr. Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Sincerely, 93887.na cc: Wilmington DEM Regional John Parker, Division of Wilmington Office Corps Central Files Jo n R. Dorney We lands and Technical Review Group Office Coastal Management of Engineers P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO October 28, 1993 Regulatory Branch Action ID No. 199400195 Carteret County Courthouse Square Beaufort, North Carolina 28516 Gentlemen: NOV - 31993' WETLANDS GROUP WATER DUALITY SEPTItM. On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received October 14, 1993, for Department of the Army authorization to excavate a channel and basin and construct a boatramp facility on Back Sound, Harkers Island, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should You begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199400195 and will be coordinated by Mr. Scott McLendon in our Wilmington Field Office. Mr. McLendon is available at telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Rleigh, North Carolina 27611-7687 Id/ John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 No. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 76,9 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 28, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199400195 Carteret County Courthouse Square Beaufort, North Carolina 28516 Gentlemen: lS l°7 L5 ? U C? .•. NO i Reference your application for Department of the Army (DA) authorization to excavate a channel and basin and construct a boatramp facility on Back Sound, Harkers Island, Carteret County, North Carolina. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by November 15, 1993. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. .'i -2- If you have questions, please do not hesitate to contact Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251- 4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. Thomas Welborn, Chief U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, GA 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: County of Carteret (Harkers Island Boat Ramp) 2. LOCATION OF PROJECT SITE: adjacent to SR 1335 and Back Sound, in the community of Harkers Island, Carteret County Photo Index - 1989: 156-6,P-19 1984: 38-1213, G-19 State Plane Coordinates - X: 2736700 Y: 351700 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 1992 October 11, 1993 Was Applicant Present - Yes NO 5. PROCESSING PROCEDURE: Application Received - 9/22/93 (Complete) Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition & Conservation (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - None Planned - Boat ramp & parking area (G) Estimated Annual Rate of Erosion: Moderate (2'+/-) Source - personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Submerged Aquatic Vegetation 4,500 sq.ft. (B) Non-Vegetated Wetlands (boat ramp) Shallow water habitat bottom 16,700 sq. ft. 1,740 sq.ft. (C) Other High Ground 1,740 sq.ft. 28,000 (D) Total Area Disturbed: 48,180 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: Carteret County is proposing to construct a public boat ramp facility with an associated dredged access channel in Back Sound at a site adjacent to SR 1335 just west of the Eastward Variety Store in the community of Harkers Island. FIELD INVESTIGATION REPORT: COUNTY OF CARTERET Markers Island Boat Ramp) PAGE #2 9. NARRATIVE DESCRIPTION: Carteret County is proposing to develop a public boat ramp facility at an approx. 2.3 acre site located on SR 1335 and adjacent to Back Sound in the community of Harkers Island, Carteret County. The site is void of any structures and is located just west of the Eastward Variety Store. The high ground portion of the property has previously been cleared of most woody vegetation and has a series of grassed swales and ditches located through-out the property. The US Army Corps of Engineers have determined that this site is not a wetlands. The shoreline can be characterized by having an approx. 2 to 3' high erosion escarpment which shows signs of moderate erosion. A small fringe of spartina patens is present on top of the erosion escarpment. Several attempts have been made through-out the years to stabilize various sections of the shoreline with various types of debris and riprap material. A jetty has also been placed in the middle of the property and perpendicular to the shoreline. The area of Back Sound adjacent to the property can be characterized as relatively shallow (ranging from inter-tidal adjacent to the shoreline to approx. - 4'MLW in depth at a distance 400' offshore. An on site inspection of the this area conducted in August 1992 reveled substantial amounts of submerged aquatic vegetation (SAV) in front of this property. Scallops and clams were also found but no effort was made at that time to quantify these resources. The waters of Back Sound have been designated as "SA" and "Outstanding Resource Waters" by the Division of Environmental Management and are open to the harvesting of shellfish. The entire high ground portion of this property is located within the Estuarine Shoreline Area of Environmental Concern (AEC). Plans included with the application propose the construction of two (2) concrete boat ramps in Back Sound which will be approx 20' wide x 60' in length x 6" thick each. Three (3) piers or walkways (up to 50 in length x 6' width) would also be constructed to provide temporary pedestrian loading and unloading. Immediately offshore (and including a portion of the ramp areas), an approx. 100' long X 25-58' wide to -3'MLW deep basin is proposed to be excavated. Connected to the basin, an approx 450' long x 20' bottom width (up to 32' top width) access channel is proposed to be excavated to the deeper waters of Back Sound. The applicant has selected an alignment which appears' to have the least impacts on areas of SAV but there still would be significant effects to that resource within the channel alignment. Furthermore, the National Marine Fisheries Service (NMFS) has determined that the majority of the area in front of the this property is SAV habitat. The channel excavation is proposed to be accomplished by the use of a hydraulic dredge with the inshore basin and ramp excavation being accomplished by dragline. The spoils from the excavation activities are proposed to be placed upon adjacent high ground and behind a dike disposal area. On the high ground, an approx 140' x 90' parking lot is proposed to be constructed with an approx 6" base of gravel. Eighteen (18) parking spaces will be provided and the "built upon" area (including driveways) on the property has been calculated at slightly less than 25% of the Estuarine Shoreline AEC. FIELD INVESTIGATION REPORT: COUNTY OF CARTERET Markers Island Boat Ramp) PAGE #3 10. ANTICIPATED IMPACTS: The project as proposed will result in the excavation of approx. 16,700 sq. ft. of shallow water habitat bottom in Back Sound. Although the applicant has selected an alignment which avoids the most dense and homogenous beds of SAV, it is estimated that approx 4,500 sq. ft. of SAV would also be impacted by the excavation. In addition to the direct impacts, the NMFS has determined that the majority of the shallow bottom area in front of this property as SAV habitat. During an on site inspection of the excavation areas several scallops and hard clams were observed in the general area. The NC Div. of Marine Fisheries has not, however, conducted a shellfish evaluation as of this time. The proposed excavation activities will result in approx. 860 cu. yds. of primarily sand material being excavated in the access channel alignment and approx. 240 cu. yds. in the basin and boat ramp area. The offshore excavation is proposed to be accomplished by the use of a hydraulic dredge with the spoil material being pumped to a high ground disposal site which will ultimately be used as the parking lot. The inshore excavation will be conducted by dragline with the material being placed on adjacent high ground. The proposed boat ramps will fill approx. 1,740 sq. ft. of bottom area with approx. 30 cu yds of concrete material being placed below the plane of mean high water. The proposed parking lot and associated driveways will result in approx 27,644 sq. ft. of high ground being "built-upon" with approx 6" of gravel being used as surfacing material. The applicant is proposing to fill in several existing ditches but will provide for parking lot drainage by the construction of a new ditch which will connect to an existing one. The applicant has calculated that slightly less than 25% of the Estuarine Shoreline adjacent to the Outstanding Resource Waters of Back Sound will be "built-upon". This project would appear to come under the NC Environmental Policy Act but a formal determination has not been made as of this time. PREPARED BY: CHARLES S. JONES DATE: October 13, 1993 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Carteret County ' Address Courthouse Square City Beaufort State NC Zip 28516 Day phone 919/728-8584 Landowner or Authorized agent b. Project name (if any) Boat Ramps & Parking c. If the applicant is not the landowner, also give the -owner's name and address. First Citizens Bank & Ttust Vivian S. Huntlef, P.O. Drawer 1? Greensboro. NC 27402 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number #1335 b. City, town, community, or landmark Harkers Island c. County Carteret d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Back Sound 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). Piers. Boat Ramp & P g 3/91 If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an 'existing project, new worm, or both? New work c. Will the project be for community, private, or commercial use? d. Describe the planned use of the project. Recreational Boat Launching Facility 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract Lot 1 (2.6 AC) b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum ' 4.5 - d. Soil type(s) and texture(s) of tract , Top Soil, Clay & Sand e. Vegetation on tract Grass f. Man-made features now on tract None g. What is the CAIv1A Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other IL How is the tract zoned by local government? N/A i. How are adjacent waters classified? ORW j. Hasa professional archaeological survey been carried out for the tract? No If so, by whom? - .ice-4`•.':i` !i?"':? ii SEP 2 u 1993 ?, 1 5 'UPLAND DEVELOPMENT Complete this section if the project includes any land developmem a. Type and number of buildings, facilities, or structures proposed _Public boat ramp; narking area b. Number of lots or parcels 1 c. Density (Give the number of raesidential units and the units per acre.) N/A d. Size of area to be graded or disturbed 0.64 AC e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? ' 140 f. Give the percentage of the tract within 75 feet of mean high water fo be covered by impermeable surfaces, such as pavement, buildings, rooftops. 25% ± g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Marl parking; concrete boat ramp h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? No i. Describe proposed sewage disposal and/or waste water treatment facilities. None j. Ha N/ve these facilities received state or local approval9 k_ Describe existing treatment facilities. N/A 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Surface Runoff 2 m. Water supply source None n.*' If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide 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 excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (N WL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 450 20 3.0 115 25-52 3.0 60 58 3.0 N/A 133 90 b. Amount of material to be excavated from below water level in cubic yards 1,100 CY c. Type of material Sand & Clay d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavati '- 150 CY - r. r. . IC-3 itt! 'v __ J f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in 133' x 90' x 2.5' feet g. Location of spoil disposal area Adjacent to Boat Ramp in arch of proposed paBahg7 area h. Do you claim title to the disposal area? No If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Yes If so, where? _ in parking area j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? No 1. Amount of fill in cubic yards 1'>? m. Type of fill material Sand n. Source of fill material Dredged o. Will fill material be placed on marsh or other wetlands? No . p. Dimensions of the wetland to be filled N/A q. 'How will excavated or fill material be kept on site and erosion controlled? Earth Dike Around Area r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Drag Line 6 Hydraulic Dredge s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level 3/91 d. Type of bulkhead material e. Amount of fill, in cubic yards, to be placed below mean high water f 'Type of fill material 8 ADDITIONAL INFORMATION In addition to the completed appli cation form, the follow- ing 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 forward a copy of the deed or other instrument under which the owner claims title, plus written permission 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 an 8 1/2 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 18 high quality copies are provided by applicant (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a pan of plat requirements and it must be sufficiently detailed to guide agency personnel 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 comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. (kt?rpf SEP 2 2 1993 L ---------- ---------'?. 3 Name Address Clarence Willis Star Route, Box 470 Harkers Island, NC 28531 Name Carl Honeycutt Address 0 N. Shetland t. Gainer, NC 27529 Name Charles Hall Address P.O. Box 436 Harkers Island, NC 28531 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. - A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). -------------- • -----------as 9 f? CERTIFICATIUN AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions ton*Wned in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 relaied to this permit application and follow-up monitoring of project This is th 15 ch day of September , 19 93 Landowner or Authorized agent c-r 6 -, ? Q3 SEP 2 ? 19?? ?J i.+ u 4 3/91 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 28, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199400195 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: ?1% Ji wv -? 21993 Enclosed is the application of Carteret County for Department of the Army authorization and a State Water Quality Certification to excavate a channel and basin and construct a boatramp facility on Back Sound, Harkers Island, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by December 28, 1993, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Sincerely, j?yne Wr g t Regul tory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Please type or pnnt: Carefully describe all anticipated' development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Carteret County ' Address Courthouse Square City Beaufort State NC Zip 28516 Day phone 919/728-8584 Landowner or Authorized agent b. Project name (if any) Boat Ramps & Parking fv ? /9?yvo?95 If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for community, private, or commercial use? camunity d. Describe the planned use of the project. Recreational Boat Laurrhi g Facility 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract Lot 1 (2.6 AC) b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or Nation 5 yl Geodetic Vertical Datum 4.5 - d. Soil type(s) and texture(s) of tract , Top Soi1, May & Sand e. Vegetation on tract Grass c. If the applicant is not the landowner, also give the -owner's name and address. First Citizens Bank & rust Vivian S. HuntleK P.O. Drawer? Greensboro, NC 27402 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number x/1335 b. City, town, community, or landmark Harkers Island c. County Carteret d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Back Sound 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). Piers, Boat P mm & Parking, 3/91 f. Man-made features now on tract None g. What is the CAMA Land Use Plan Classification 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? N/A J. How are adjacent waters classified? ORW J. Has a professional archaeological survey been carried out for the tract? No If so, by whom? I SEP 2 u 1993 '1 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed Public boat ramp; narking area b. Number of lots or parcels 1 c. Density (Give the number of residential units and the units per acre.) N/A d. Size of area to be graded or disturbed 0.64 AC e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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 io be covered by impermeable surfaces, such as pavement, buildings, rooftops. 25%+ g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Marl parking; concrete boat ramp h. If applicable, has a stotinwater management plan been submitted to the Division of Environmental Management? No i. Describe proposed sewage disposal and/or waste water treatment facilities. None ,l. av these facilities received state or local approval? N/A k- Describe existing treatment facilities. N/A m. Water supply source None n.' If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide 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 excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (,1LW) or (I`TWI-) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 450 20 3.0 115 25-52 3.0 60 58 3.0 N/A 133- f 90 b. Amount of material to be excavated from below water level in cubic yards 1,100 CY } c. Type of material Sand & Clay d. Does the area to be excavated include marshland, 1. Describe location and type of discharges to waters of swamps, or other wetlands? the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" Surface Runoff e. High ground excavati`'S'?'' 150 CY ?-w t_? -I JI f. Dimensions, of spoil disposal area c. Shoreline erosion during preceding 12 months, in 133"x x 90' x 2.5' feet g. Location of spoil disposal area Adjacent to Boat d. Type of bulkhead material Ramp in area of proposed patMli? area h. Do you claim title to the disposal area?. No If not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance? Yes If so, where? in parking area e. Amount of fill, in cubic yards, to be placed below mean high water f. Type of fill material 8 ADDITIONAL INFORMATION j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? No 1. Amount of fill in cubic yards 1 , 140 cY m. Type of fill material Sand n. Source of fill material Dredged o. Will fill material be placed on marsh or other wetlands? No ' p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? Earth Dike Around Area r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Drag Lim & Hydraulic Dredge s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level 3/91 In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (?,;'ith 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 forward a copy of the deed or other instrument under which the owner claims title, plus written permission 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 an 8 1/Z 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 18 high quality copies are provided by applicant (Contact the U.S. Army Corps of Engineers regarding 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 personnel 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 comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. r rp rl !!, 7; 7 n SEP 2 w 1993 1 1- - ----------------------•w .Name Clarence Willis Address Star' Route,'Box 470 fa=kers Island, NC 28531 Name Carl Honeycutt Address 0 N. She t. Garner, NC 27529 Name. Charles Hall Address P-0. Box 436 fa6cers Island-,N-C-2-531 A list of previous state or federal permits issued for work on the project tract Include permit numbers, permirtee, and issuing dates. N/A A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATIUN AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project ?his is th 15 Lh day of September , 1g 93 Landowner or Authorized agent SEP 2 1903 ?. (,?uvJ u u 4 3191 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that the County of Carteret, filed an application on September 22, 1993, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, the applicant is proposing to construct a public boat ramp facility with an associated dredged access channel in Back Sound at a site adjacent to SR1335, just west of the Eastward Variety Store, in the community of Harkers Island, Carteret County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of Charles Jones, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., (919) 726-7021, Ext. 263 and/or the office of Rick Shiver, Division of Environmental Management, DEHNR Regional Field Office, Wilmington, N.C., (919) 395-3900. The Division of Environmental Management proposes to take final action on this water quality certification on or before November 26, 1993. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Roger N. Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to November 21, 1993 for consideration in the CAMA permit decision, and to Preston Howard, Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to November 16, 1993 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: Sunday, October 31, 1993 ?j saz ? d ? k 4 DIVISION OF COASTAL MANAGEMENT (5'? FIELD INVESTIGATION REPORT" r CT 2 51993 1. APPLICANT'S NAME: County of Carteret (Harkers Island Boat Ramp) WETLANDS GR?Jt1{° WATER -QUALITY SECTION 2. LOCATION OF PROJECT SITE: adjacent to SR 1335 and Back Sound, in the community of Harkers Island, Carteret County Photo Index - 1989: 156-6,P-19 1984: 38-1213, G-19 State Plane Coordinates - X: 2736700 Y: 351700 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 1992 ; October 11, 1993 Was Applicant Present - Yes NO 5. PROCESSING PROCEDURE: Application Received - 9/22/93 (Complete) Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Limited Transition & Conservation (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended User Public (E) Wastewater Treatment: Existing - None Planned None (F) Type of Structures: Existing - None Planned ' Boat ramp & parking area (G) Estimated Annual Rate of Erosion: Moderate (2'+/-) Source - personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Submerged Aquatic Vegetation 4,500 sq.ft. (B) Non-Vegetated Wetlands (boat ramp) Shallow water habitat bottom 16,700 sq.ft. 1,740 sq.ft. (C) Other High Ground 1,740 sq.ft. 28,000 8 (D) Total Area Disturbed: 48,180 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: Carteret County is proposing to construct a public boat ramp facility with an associated dredged access channel in Back Sound at a site adjacent to SR 1335 just west of the Eastward Variety Store in the community of Harkers Island. FIELD INVESTIGATION REPORT: COUNTY OF CARTERET (Harkers Island Boat Ramp) PAGE #2 --------------------------- 9. NARRATIVE DESCRIPTION: Carteret County is proposing to develop a public boat ramp facility at an approx. 2.3 acre site located on SR 1335 and adjacent to Back Sound in the community of Harkers Island, Carteret County. The site is void of any structures and is located just west of the Eastward Variety Store. The high ground portion of the property has previously been cleared of most woody vegetation and has a series of grassed swales and ditches located through-out the property. The US Army Corps of Engineers have determined that this site is not a wetlands. The shoreline can be characterized by having an approx. 2 to 3' high erosion escarpment which shows signs of moderate erosion. A small fringe of spartina patens is present on top of the erosion escarpment. Several attempts have been made through-out the years to stabilize various sections of the shoreline with various types of debris and riprap material. A jetty has also been placed in the middle of the property and perpendicular to the shoreline. The area of Back Sound adjacent to the property can be characterized as relatively shallow (ranging from inter-tidal adjacent to the shoreline to approx. - 4'MLW in depth at a distance 400' offshore. An on site inspection of the this area conducted in August 1992 reveled substantial amounts of submerged aquatic vegetation (SAV) in front of this property. Scallops and clams were also found but no effort was made at that time to quantify these resources. The waters of Back Sound have been designated as "SA" and "Outstanding Resource Waters" by the Division of Environmental Management and are open to the harvesting of shellfish. The entire high ground portion of this property is located within the Estuarine Shoreline Area of Environmental Concern (AEC). Plans included with the application propose the construction of two (2) concrete boat ramps in Back Sound which will be approx 20' wide x 60' in length x 6" thick each. Three (3) piers or walkways (up to 50 in length x 6' width) would also be constructed to provide temporary pedestrian loading and unloading. Immediately offshore (and including a portion of the ramp areas), an approx 100' long X 25-58' wide to -3'MLW deep basin is proposed to be excavated. Connected to the basin, an approx 450' long x 20' bottom width (up to 32' top width) access channel is proposed to be excavated to the deeper waters of Back Sound. The applicant has selected an alignment which appears to have the least impacts on areas of SAV but there still would be significant effects to that resource within the channel alignment. Furthermore, the National Marine Fisheries Service (NMFS) has determined that the majority of the area in front of the this property is SAV habitat. The channel excavation is proposed to be accomplished by the use of a, hydraulic dredge with the inshore basin and ramp excavation being accomplished by dragline. The spoils from the excavation activities are proposed to be placed upon adjacent high ground and behind a dike disposal area. On the high ground, an approx 140' x 90' parking lot is proposed to be constructed with an approx 6" base of gravel. Eighteen (18) parking spaces will be provided and the "built upon" area (including driveways) on the property has been calculated at slightly less than 25% of the Estuarine Shoreline AEC. FIELD INVESTIGATION REPORT: COUNTY OF CARTERET (Harkers Island Boat Ramp) PAGE #3 10. ANTICIPATED IMPACTS: The project as proposed will result in the excavation of approx. 16,700 sq. ft. of shallow water habitat bottom in Back Sound. Although the applicant has selected an alignment which avoids the most dense and homogenous beds of SAV, it is estimated that approx 4,500 sq. ft. of SAV would also be impacted by the excavation. In addition to the direct impacts, the NMFS has determined that the majority of the shallow bottom area in front of this property as SAV habitat. During an on site inspection of the excavation areas several scallops and hard clams were observed in the general area. The NC Div. of Marine Fisheries has not, however, conducted a shellfish evaluation as of this time. The proposed excavation activities will result in approx. 860 cu. yds. of primarily sand material being excavated in the access channel alignment and approx. 240 cu. yds. in the basin and boat ramp area. The offshore excavation is proposed to be accomplished by the use of a hydraulic dredge with the spoil material being pumped to a high ground disposal site which will ultimately be used as the parking lot. The inshore excavation will be conducted by dragline with the material being placed on adjacent high ground. The proposed boat ramps will fill approx. 1,740 sq. ft. of bottom area with approx. 30 cu yds of concrete material being placed below the plane of mean high water. The proposed parking lot and, associated driveways will result in approx 27,644 sq. ft. of high ground being "built-upon" with approx 6" of gravel being used as surfacing material. The applicant is proposing to fill in several existing ditches but will provide for parking lot drainage by the construction of a new ditch which will connect to an existing one. The applicant has calculated that slightly less than 25% of the Estuarine Shoreline adjacent to the Outstanding Resource Waters of Back Sound will be "built-upon". This project would appear to come under the NC Environmental Policy Act but a formal determination has not been made as of this time. PREPARED BY: CHARLES S. JONES DATE: October 13, 1993 I Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Carteret County Address Courthouse Square City Beaufort State NC Zip 28516 Day phone919/728-8584 Landowner or Authorized agent b. Project name (if any) Boat Ranps & Parking c. If the applicant is not the landowner, also give the -owner's name and address. First Citizens Bank & Trust Vivian S. Huntley. P.O. Drawer ? Greensboro, NC 27402 2 LOCATION OF PROPOSED PROJECT a. St --t address or secondary- road number J. ,1335 b. City, town, community, or landmark Harkers Island c. County Carteret d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water n=.a,*est project Back Sound If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an `existing project, new work, or both? New work c. Will the project be for community, private, or commercial use? d. Describe the planned use of the project. Recreational Boat Lau cling Facility 4 LAND AND WATER CHARACTERISTICS a. Size of entire L-act Lot 1 (2.6 AC) b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 4.5 - d. Soil type(s) and texture(s) of tract Top Soil, Clay & Sand e. Vegetation on tract Grass f. Mar,-made features now on tract None g. NTY7nat is the CAMA Land Use Plan Classification 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? N/A 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). Piers, Boat Ram) & Parking 3/91 i. How are adjacent waters classified? ORW j. Hasa professional a.. czhaeological survey been carried out for the tract? No If so, by whom? 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development a. Type and number of buildings, facilities, or structures proposed Public boat ramp; parking area b. Number of lots or parcels 1 c. Density (Give the number of residential units and the units per acre.) N/A m. Water supply source None n.-' If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A. d. Size of area to be graded or disturbed 0.64 AC e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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 Lo be covered by impermeable surfaces, such as pavement, buildings, rooftops. 95% ± g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Marl parking; concrete boat ramp 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 excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (NII_ Nr or ON W- ..) Boat basLn . h. If applicable, has a storm, water management plan been submitted to the Division of Environmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. None Other (b re ak- water, pier, boat ramp, rock jetty) Fill placed in wetland or below Ml-IW Length Width Depth j. Have these facilities received state or local approval? Upland fill N/A areas k. Describe existing treatment facilities. N/A 450 20 3.0 115 I 25-52 I 3.0 60 58 3.0 N/A 133 90 b. Amount of material to be excavated from below water level in cubic yards 1, I,00 CY c. Type ofmaterial Sand & Clay 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Surface Runoff 2 d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavati ° 150 CY - ?? f. Dimensions of spoil disposal area 133' x 90' x 2.5' g. Location ?of arLla spoof prooposed a Adjacent to Boat Ramp h- Do you claim title to the disposal area? No If not, attach a letter granting permission from the owner. L Will a disposal area be available for future maintenance? Yes If so, where? in parking area j. Does the disposal area include any marshland, swamps, or water areas? k. Will the fill material be placed below mean high water? No 1. Amount of fill in cubic yards l l- m. Type offill material Sand n. Source of fill material Dredged o. Will fill material be placed on marsh or other wetlands? No p. Dimensions of the wetland to be filled N/A q. How will excavated or fill material be kept on site and erosion controlled? Earth Dike Around Area r. '%V"hat type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Drag Line & Hydraulic Dredge s. Will wetlands be crossed in transporting equipment to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N/A b. Average distance waterward of mean high water or normal water level c. Shoreline erosion during preceding 12 months, in feet d. Type of bulkhead material Amount of fill, in cubic yards, to be placed below mean high water f. 'Type of fill material 8 ADDITIONAL INFORMATION li-i addition to the completed application form, the follow- ing 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 forward a, copy of the deed or other instrument under which the owner claims title, plus written pegmission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black in_{ on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 77.0203 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel 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 comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity.r-, ? i? 7 2- 1993 E f N 2j, I ? V L 3/91 ?_,r_-- ----____ ------_.&V Name Clarence Willis Address Star Route, Box 470 Harkers Island, NC 28531 Name Carl Honeycutt Address 107 N. Shetland t. Gamer. NC 27529 Name Charles Hall Address P.O. Box 436 Harkers Island, NC 28531 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10) i. 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted 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 application and follow-up monitoring of project- This is th 15 ch day of September , 15 93 Landowner or Authorized agent ` i SEP 2 2 1993 ____ _____"k 4 3191 OCT-15-1993 15:01 FROM EHNR WILM REG OFFICE TO 8-919-733-1338 F'.01 State of North Carolina Department of Rnvilronment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Governor Bob Jannieson JozatbaA B. Howes, Secretary Regional Manager FAX COVER SHEET DATE: co: NO,,_PF PAGES _ CO: FAX #:- f 3 REMARKS: FAX #: <?) or? (0 (0 7' 127 Cardinal Drive Extension, Wilmington, N-C- 28405-3845 • Telephone (919) 395-3900 0 Fax (919) 350-2004 An Equal Opportunity Affirnuttive Action Employer TOTAL P.01 ?? 98'7