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HomeMy WebLinkAbout19950993 Ver 1_COMPLETE FILE_19950919State of North Carolina Department of Environment, Health and Natural Resources Washington Regional Office James B.' Hunt, Jr., Governor Jonathan B. Howes, Secretary ?E INR Mr. Robert Deaton Deaton Yacht Service, Inc. 200 Neuse Drive Oriental, N.C. 28571 Dear Mr. Deaton: Subject: CAMA Application Review Deaton Yacht Service Pamlico County The above subject CAMA Major Permit Application has been reviewed by this office to determine the potential for the proposed project to violate water quality standards. The proposed project is located on the western branch of Whittaker Creek. The proposal is to construct four (4) additional boat slips. There is no fill proposed to be placed in waters and/or wetlands of the State, therefore no Section 401 Certification is required. If the project is constructed as proposed in the application, this office has determined that the proposed project should not violate water quality standards. This office has no objections to the proposed project. If you have any questions or comments, please call this office at (919)946-6481. Thank you. Jim Mulligan Regional Supervisor cc: /ohn Dorney, DEM John Parker, DCM Central Files NOV ~ 1995 V1?,1TEft Olf,`.L11V ?:` ," 1424 Carolina Avenue, Washington, NC 27889 Telephone 919/946-6481 FAX 919/975-3716 An Equal Opportunity Affirmative Action Employer 50%,recycled/10% post-consumer paper State of North Carolina G ?G G 3 Department of Environment, Health and Natural Resources AILT9"4 0 Division of Coastal Management James B. Hunt, Governor Jr_ p H N R Jonathan B, Howes, , Secretary Roger N. Schecter, Director WASy CSC..... _ September 6, 1995 GTON opFfCE 08 1995 MEMORANDUM: E ?. TO: Mr. A. Preston Howard, P.E., Director Division of Environmental Management FROM: John R. Parker, Jr. RECEIVED Major Permits Processing Coordinator SEPk ? 31996 SUBJECT: CAMA/DREDGE & FILL Permit Application Review SCI RONMsCIENC fS Applicant: Deaton Yacht Service, Inc. Project Location: 200 Neuse Drive, on Tarpon Canal and the western branch of Whittaker Creek, in the Town of Oriental Proposed Project: to expand the existing marina by constructing 4 additional boat slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 27, 1995. If you have any questions regarding the proposed project, please contact Ted Tyndall at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: V 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE r q )i 1/?? P.O. Box 769, 3441 Arendeil St., Morehead City, North Carolina 28557 Courier X11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper L"i DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Deaton Yacht Service, Inc. 2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, at 200 Neuse Drive on Tarpon Canal and the western branch of Whittaker Creek Photo Index - 1989: 2 119 12 (indexed by 0,P-11,12) 1984: 52 1236 (indexed by I-16, 17) State Plane Coordinates - X: 2693100 Y: 475200 Oriental Quad LR 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 22, 1995 and May 22, 1995 Was Applicant Present - Yes; Yes 5. PROCESSING PROCEDURE: Application Received - August 22, 1995 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - The Town of Oriental 1994 LUP Update Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Public Marina (E) Wastewater Treatment: Existing - City Sewer Planned - No new services proposed (F) Type of Structures: Existing - 20 boat slips, travel lift, office building, work shed, and gravel parking lot Planned - 4 additional boat slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands--Sartina Cynosuroides & Juncus roemerianus 330 ft2 (B) Non-Vegetated Wetlands Open water 8787 ft2 (C) Other (D) Total Area Disturbed: 9,117 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to expand the existing marina into the western branch of Whittaker Creek by constructing 4 additional boat slips. J FIELD INVESTIGATION REPORT: DEATON YACHT SERVICE, INC./PAMLICO COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Setting The applicant owns Deaton Yacht Service, Inc. a full service marina located on 1.4 acres of land at 200 Neuse Drive on Tarpon Canal and Whittaker Creek in the Town of Oriental, Pamlico County, North Carolina. The marina is located approximately 750' from the mouth of the western branch of Whittaker Creek. The boatyard and marina currently has 23 boat slips (the exact number depends on the length of the boats docked parallel to the Tarpon Canal bulkhead dock) of which all but 5 are located along the southern bank of Tarpon Canal. These five slips are located near the mouth of Tarpon Canal immediately north of an existing travel lift along the west bank of Whittaker Creek. An office building, a work shed, a graveled parking lot, and a graveled work yard are also on the site. Directly across Tarpon Canal and immediately upstream on Whittaker Creek is Sail Craft Marina, an approximate 35-slip marina. Immediately downstream from the site on Whittaker Creek is Whittaker Creek Yacht Harbor, a 160-slip marina. Deaton Yacht Services currently provides two on- site sewage pumpout facilities. The marina also enforces a locked head policy and there are no fuel sales on the site. Most of the tract is high ground and developed as described above except for approximately 4,400 ft2 of coastal wetlands dominated by S artina cynosuroides and Juncus roemerianus along the southeastern edge of the property. Water depths in the proposed expansion ranges from -3' to -5.8' below normal water level (NWL). Tarpon Canal and Whittaker Creek are classified as SA NSW waters, are designated Primary Nursery Areas, and are closed to shellfishing. Project Description The applicant proposes to expand the existing 23-slip marina by constructing an additional 4 slips out into the western branch of Whittaker Creek immediately downstream of the existing travel lift. The four slips would be added by constructing a 6'-wide access walkway from the travel lift that would run along the shoreline for approximately 100' and then would turn perpendicular to Whittaker Creek and extend out into Whittaker Creek a total of 80'. Thirty feet from the landward end of this dock, a 75'-long dock would extend to the north and run parallel with Whittaker and would utilize two finger piers and six mooring pilings to create the four 15' X 45' slips. Each finger pier would be 4' wide and 15' long, and-would taper down to 1.5' in width at the waterward end. The northernmost slip would extend 103' out into Whittaker Creek and would extend approximately 25' to 30' beyond the end of the FIELD INVESTIGATION REPORT: DEATON YACHT SERVICE, INC./PAMLICO COUNTY PAGE #3 existing travel lift. The project would extend to one third the width of the creek. In a Draft Environmental Assessment, the applicant has stated that the backside and outside areas of the walkways/docks could provide temporary dockage for an additional 4 boats. Anticipated Impacts The actual footprint of the project which includes the docks, finger piers, and formal slips would result in the loss of 4,676 ft2 of Public Trust Area, but the marina expansion would have additional impacts to Public Trust Areas. The construction of the docks/formal slips would impact an additional 4,111 ft' of Public Trust Area by enclosing the area on three sides with docks and on the fourth side with the existing travel lift. Only a 19' opening adjacent the travel lift would remain for public boat ingress/egress. This area behind (landward of) the docks and formal slips would essentially be removed from the public use. This loss of Public Trust is emphasized by the applicant proposing to used the area to dock additional boats "temporarily". Consequently, a total of 8,787 ft' would be directly impacted by the marina expansion. The construction of the walkway would probably result in temporary construction-related impacts to the coastal wetlands as a result of the trampling down of the marsh during driving of the pilings. In addition, minor increases in turbidity of the estuarine waters would also probably result from the driving of dock and mooring pilings. The 6'-wide elevated walkway would have minor impacts to approximately 330 ft2 of coastal wetlands due to shading. In addition to the loss of Public Trust Areas to the general public, the construction-related impacts to the Coastal Wetlands and Estuarine Waters, and the post construction impacts to the Coastal Wetlands from shading, there is the potential for impact to boaters as a result of the project reducing the navigable portion of the creek. This constriction of the navigable portion of Whittaker Creek could potentially impact the traditional navigation affecting ingress and egress of boats up the western Branch of Whittaker Creek. And although the applicant does not propose to extend beyond one third the width of the Creek, his proposal is to reach that distance. M. Ted Tyndall - Morehead City Office - September 5, 1995 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stonnwater 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 Deaton Yacht Service, Inc. Address 200 Neuse Drive City Oriental State N . C Zip 28571 Dayphone 919-249-1180 X Landowner or Authorized agent b. Project name (if any) None c. If the applicant is not the landowner, also give the owner's name and address. 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? Private & Commercial d. Describe the planned use of the project. The four slips will provide additional boat storage spaces 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 1.40 Acres b. Size of individual lot(s) A 11 o n e l o t 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number 200 Neuse Drive b. City, town, community, or landmark oriental. NC 28571 c. County Pamlico d. Is proposed work within city limits or planning jurisdiction? Yes e. Name of body of water nearest project Whittaker Creek - Western Branch 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT c. Elevation of tract above mean sea level or National Geodetic Vertical Datum +5.5 Average d. Soil type(s) and texture(s) of tract Sandy clay _ e. Vegetation on tract Trees and lawn grass f. Man-made features now on tract Bulkhead p pie r s , sewer, water. g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? No zoning i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j. Hasa professional archaeological survey been example, building a home, motel, marina, bulkhead, rcarried-out-for v N so. whom? or pier). Pier with four slips and finger piers s' 1 I .? ....?.? i ..,.; 3/91 - - ------ --- - - 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structures proposed Parking area im i t h marl surface `with 3 Rarkinq_ ar as (30' x 451) b. Number of lots or parcels 2 c. Density (Give the number of residential units and the units per acre.) N/A d. Size of area to be ggraded or disturbed 30' x 45' 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 cuhmitted to the Division of Land Resources? N/A L Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. None g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Marl h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N / A i. Describe proposed sewage disposal and/or waste water treatment facilities. Property is seryi?ced b; ..city sewer Holding tank ?? pouf- is avail ble behind work shed on south side. Water runs over 85' of grass surface before entering into marsh area. m. Water supply source r t y wa t P r 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 (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW j. Have these facilities received state or local approval? Upland fill Yes areas k. Describe existing treatment facilities. City sewer 1. d. Does the area to be excavated i Describe location and type of discharges to waters of swamps, or other wetlands? the state (for example, surface runoff, sanitary ? wastewater, industrial/commercial effluent, "wa PT" High round excavation, in cul down).One point source discharge e. g A r% 2 U b. Amount of material to be excavated from below water level in cubic yards N n n P c. Type of material N/A marshland, PR"'lIl I.QW , ? it f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in N/A feet N/A g. Location of spoil disposal area N / A d. Type of bulkhead material N/A h. Do you claim title to the disposal area? N/A If not, attach a letter granting permission from the owner. L Will a disposal area be available for future maintenance? N/A If so, where? j. Does the disposal area include any marshland, swamps, or water areas? N/A k. Will the fill material be placed below mean high water? N/A 1. Amount of fill in cubic yards N/A in. Type of fill material N/A n. Source of fill material N/A e. Amount of fill, in cubic ya/ As, to be placed below mean high water NN f. Type of fill material N/A 8 ADDITIONAL INFORMATION NOT APPLICABLE In 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 permission from the owner to cant' out the project. o. Will fill material be placed on marsh or other wetlands? N / A An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources N/A (`nm xinninn ID 1-'7T 07()2 f- n A-+n;I-A A--4-#-;^- VVII •1111JJlVlI l\YlV /?.VLVJ lVl Y YVlYl1VU l \.JVII?JL1Vll.? q. How will excavated or fill material be kept on site and erosion controlled? Please note that original drawings are preferred and N/A 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 r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part (for example, dragline, backhoe, or hydraulic dredge)? Barge with crane and pile of plat requirements and it must be sufficiently detailed driver to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? If yes, explain steps that will be taken to lessen environmental impacts. A stormwater management plan, if applicable, that N/A 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 7 SHORELINE STABILIZATION NOT A P P L I on the proposed project to•the Division of Coastal C A B L i*anagement and should be advised by the applicant of a. Length of bulkhead or riprap N/A that oppo rtunity. '~ ? °a r- --sr-.? ` j b. Average distance waterward of mean high water or normal water level N/A P, :J 3/91 o, 5 LJ 2 .t i;? Name Mr. Ben Craven Address 2806 Watauqa Drive Greensboro, NC Name Hank FOscue Address 4700 Slabask Street Pensacola, FL 32504 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 160-90 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 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 the day of 197-5- X Landowner or Authorized agent AU0 1 ?/I,OY\OY..w..u o .. ?. •?uvtl41 ?W iY1'1i? wr?aYw???MM?MNYM?M 4 3/91 Form DCM-MP-2 APR 2 5 1-095 L X1ikFdNA ?iMiii\\\\\qp^ Aug 1 a r.;y Attach this form to Joint Application for CAMA Major f. Describe the typi6a_,,sexample, Permit. Be sure to complete all other sections of the open nmabout, charter boats, sail boats, mined Joint Application which relate to this proposed project, types). sailboats and motorboats including upland areas, even if duplicative. All shore- based facilities must be included in application and work plats. g. Typical boat length 2 5 ' - 5 0 ' 1 MARINA CHARACTERISTICS h. Maximum boat length 651 i. Are any floating buildings planned? N o a. Check below the type of marina proposed. If so, describe. X Commercial Public Residential b. Will the marina be open to the general public? Yes 2 MARINA OPERATIONS c. If there is residential development associated with the marina, how many units or lots are planned? a. Check each of the following sanitary facilities which None will be included in the proposed project. -X Office toilets d. Check all of the types of service to be provided. X Toilets for patrons X Full service, including travel lift and/or rail Number 2 Dockage, fuel, and marine supplies Location O f f i c e Dockage ("wet slips") only X Showers Number of slips Current - 2 0 x Boat holding tank pumpout Dry storage Proposed - 4 Typeandlocation Electric pumpout and Number of boats manual. Located by travellift Boat ramp(s) Other (describe) b. Describe treatment type and location for all sanitary wastewater. Town sewer s y s t e m e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin c. Describe solid waste, fish offal, and trash disposal. and/or channel Trash Trash pickup by Town of Oriental of Oriental X Open water, no dredging required - Other (describe) 3/91 d. How will overboard discharge of sewage from boats i. Give the location of fuel handling facilities and be controlled? describe the safety measures planned to protect area Marina enforces locked head waterquality. No fuel sales policy j. Describe design measures that promote boat basin flushing or circulation and reduce water quality e. Give the location and number of "No Sewage impacts. Proposed docks s h o u l d n ' t Discharge" signs proposed. cause a r o b l e m with flushing One by travellift slip or circulation k. What will be the marina policy on overnight and live-board dockage? O v e r n i g h t d o c k a e will be permits Live a oar s f. Describe the special design, if applicable, for will not be a o w e containing industrial type pollutants, such as paint, sandblasting waste, and petroleum products. 1. Is the proposed marina located near any shellfish Waste oil and paint drums leases? N_ If so, give the name and address of serviced by commercial theleaseholder. disposal company g. Where will residue be disposed of? Town m. If this project is an expansion of an existing marina, what types of services are currently provided? Yes - travellift and full h. Give the number of channel markers and "No Wake" service boatyard. signs proposed. None n. How many slips are now available? 1D Note: Regulatory signs such as these require additional approval by the N.C. Wildlife Resources Commission. AU - ----------- 6 3/91 Lqq.a u Z J u w 0 2 0 N W fem. LLI v Z _ 0 v' o V ? 0 C- o Of P- A Q l.i1 T_ Y m Ch s L v+ x Ld `-may J 3 W z W ?n cn Ld (J% Q w J ~ n y L LU ? o Z - ?I O '? ? Z i v 3 -r- V w D ? a ^ H I? z_ J Il! O r N J ?_'\,\/INDTIDE -Z-:p 1 21 w cc z CL 0 ell 7-3 c } ti li 9 w G z Ln :z ? Q ? < ? . w C) LL, V ?V ? n cc) 0 7 l = u 0 W d L d •. Z d cr- p- CL • • • • .0 I U V 1 I i i i Y W p W ? Z m ? Z - n1 F C W 0 ?-% LA. Y CX. Z O 4 nG _ 06 I 1 ["AXED Department of E ironment, Health, and Natural Resources Office of Legi lative and Intergovernmental Affairs I n 1995 Project Review Form Project Number: I County: Date: ? Project located in 7th floor library ?ID?vI? Date Response Due (firm deadline): ,?5131?s - I?YA'?? ?A ?LA ? ?gh ?? 0K;Ate. tl?M' This project is being reviewed as indicated below: IA ? ?? ?'3-U4_40 Regional Office/Phone Regional Office Area In-House Review ? Asheville ? All R/O Areas ? Soil and Water arine Fisheries ? Fayetteville ?Air Xcoastal Management Water Planning ? Water ? Water Resources environmental Health El Mooresville ?Groundwater Wildlife ?Solid Waste Management ? Raleigh ? Land Quality Engineer ? Forest Resources ? Radiation Protection Washin ton ? Recreational Consultant ? Land Resources 'n David Foster g ?Coastal Management Consultant Parks and Recreation ?Other (specify) ? Wilmington ?Others Environmental Management ? Winston-Salem PWS Monica Swihart : a Da te: In-House Reviewer/Agency: 111_? . ,? r) ? x c0 Redponse (check all applic?f aS (Regional Office response to be compiled and completed by Regional Manager NO objection to project as proposed ? No Comment ? Insufficient information to complete review ? Approve ? Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations for strengthening (comments attached) ? Recommended for further development if specific & substantive changes Incorporated by funding agency (comments attachedlauthority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated in attached comments (authority(ies) cited) ? Applicant has been contacted ? Applicant has not been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA ? Other (specify and attach comments) RECEIVED RETURN TO: ENVIRONMENTAL SCIENCES Melba McGee ""Z Office of Legislative and Intergovernmental Affairs PS-104 I Department of Environment, Health, and Natural Resources ? Project located in 7th floor library Office of Legislative and Intergovernmental Affairs Project Review Form Project Number: County: Date: Date Response Due (firm deadline): ?J This project is being reviewed as indicated below: N??/ Regional Office/Phone Regional Office Area In-House Review ? Asheville ? All R/O Areas ? Soil and Water CJvlarine Fisheries ? Fayetteville ?Air oastal Management L Water Planning ? Water ? Water Resources ,Invironmental Health ? Mooresville ?Groundwater Wildlife ?Solid Waste Management ? Raleigh ? Land Quality Engineer ? Forest Resources ? Radiation Protection hi t Vw ? Recreational Consultant ? Land Resources David Foster as ng on ? Coastal Management Consultant Parks and Recreation ? Other (specify) ? Wilmington ? Others Environmental Management ? Winston-Salem PWS Monica Swihart : Date: In-House Reviewer/Agency: 1?_? am P Wq Response (check all applicg e) ?R(egional Office response to be compiled and completed by Regional Manager (IL?No objection to project as proposed ? No Comment ? Insufficient information to complete review ? Approve ? Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations for strengthening (comments attached) ? Recommended for further development if specific & substantive changes incorporated by funding agency (comments attached/authority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated In attached comments (authority(ies) cited) ?Applicant has been contacted ? Applicant has not been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA ? Other (specify and attach comments) RECEIVED RETURN TO: ENVIRONMENTAL SCIENCES Melba McGee Office of Legislative and Intergovernmental Affairs a sr AU6' 1 G 145 DRAFT LL3 ?i MMwwwr?¦.w.....w?.w we ww9lMMA4 ENVIRONMENTAL ASSESSMENT DEATON YACHT SERVICE ORIENTAL , NORTH CAROLINA 1. Purpose This is an Environmental Assessment as required under the State Environmental Policy Act ( G. S. 113 A-1 through G. S. 113A-12 ). The Environmental Assessment is required because the proposed project involves the use of " public lands," which in this case involves the expansion of a commercial marina over state-owned submerged lands. This document was prepared following the Procedures for Complying with the State Environmental Policy Act as outlined by the State Clearinghouse, North Carolina Department of Administration. This document is being submitted in conjunction with a Coastal Area Management Act ( CAMA ) Major Development Permit Application. a 2. Background/Proposed Action: The 1.4 acre project site is located at 200 Neuse Drive on Tarpon Canal and Whitakor Crock in Oriontal, Pamlico County, North Carolina.. Deaton Yacht Service, a full service boatyard, operates on the property. CAMA Major Permit # 110-82 was issued to Deaton Yacht Service in 1982 for construction of a bulkhead, boat basin and docks on the property. Numerous CAMA permits have been issued since that time for various activities, including a CAMA permit in 1990 for the excavation of a 180 x 60 boat basin from highground and Tarpon Canal. There are now 20 permanent slips at the marina. This PROPOSED ACTION is to expand the existing marina business, by constructing 4 additional slips into Whitaker Creek immediately downstream of the existing travel lift. The four slips will be added by constructing a 6 wide walkway from the travel lift running parallel to the shoreline for approximately 100' and then turning perpendicular to Whitaker Creek and extending approximately 70' into Whitaker Creek. A 70 'long parallel walkway with two finger piers and eight mooring pilings will provide secure dockage for four boats in slips. The slip size will be 15'x 45'. Water depths in the slips have been surveyed and range from approximately -4 to -5.5' Normal Water Level (NWL). Additionally, the backside and outside areas of the walkways will provide temporary dockage for 3-4 boats. 3. Existing Environment Wetlands There is a small pocket ( less than 1,000 sq. ft. ) of coastal wetlands primarily consisting of Suartina omosuroides and Juncus roemarianus on the eastern edge of the property. Topography The project site is located at the junction of Tarpon Canal and the western branch of Whitaker Creek near the mouth of Whitaker Creek where it enters the Neuse River. The property is flat due to extensive man induced alterations during construction of the canal and basin and averages about +5.5 in elevation. . Land Use The property has been operated as a boat yard since 1982 by the Deaton family. There is a ship's store/office, large maintenance and repair building, customer parking area, travel lift and a large marl surfaced boat service area at the marina. Surrounding land uses in the area are primarily other boat yards, marinas and waterfront home development. There is an existing marina and boat yard immediately across the canal from Deaton Yacht Service and Whitaker Creek Marina is located just downstream of Deaton Yacht Service. The Town of Oriental is considered the " sailing capital of North Carolina". Soils According to the Pamlico County Soil Survey ( USDA- Soil Conservation Service ) the property is mapped as having Altavista loamy fine sand which is moderately well drained.The coastal wetlands portion of the property which is frequently flooded and very poorly drained is underlain with muck. Surface Waters The waters of Whitaker Creek and Tarpon Canal are classified as SA by the N. C. Division of Environmental Management (NCDEM). Tarpon Canal and Whitaker Creek are closed to shellfishing by the N. C. Divisions of Marine Fisheries( NCDMF ) and Environmental Health. The waters of Whitaker Creek are designated as a Primary Nursery Area by NCDW. Groundwater There is a plentiful groundwater supply in Pamlico County. According to the SCS-USDA Pamlico County Soil Survey " the surficial aquifer ranges from the water table to a maximum depth of about 75 feet. The Castle Hayne Formation is a very productive artesian 3 K I aquifer and is the main source of water supply in the county. It ranges from 200 to more than 400 feet thick. The overlying Yorktown Formation produces moderate supplies of water." The property currently is served by the Oriental water supply system. 4. Project Need The additional slips would provide extra revenues for the existing marine business. 5. Alternatives Analysis a. Proposed Action See Section #2 b. Expand Basin Into Highground This alternative was considered but was not selected because of impacts to the existing marine maintenance and repair business . Construction of a highground basin would displace a large portion of the existing boat yard. Virtually all of the existing highground is currently used in the business. The applicant has previously excavated highground in order to create additional slips. Currently, all slips at the marina are located on a manmade basin\canal. c. Expand Basin into Coastal Wetlands Under this alternative, the expansion of the basin into adjacent coastal wetlands would directly displace nearly 750 sq. ft. of coastal saltmarsh wetlands and would require dredging in a primary nursery area. . 4 ', w d. Drystack Storage The establishment of a drystack storage facility on the site is not feasible. The existing marine business utilizes a large portion of the highground property for boats being repaired and maintained. Space will not be available for drystack storage. Furthermore, the size of the boats and the types of boats ( such as sailboats with large keels ) are not conducive to regular lifting in and out of the water. e. No Action There will not be any environmental impacts under this alternative. There will be socioeconomic impacts such as reduced marina revenues to the owners of the boatyard and lost opportunities for the creation of jobs. 6. Environmental Consequences Upon completion of reviewing the proposed marina project, there are not any significant adverse environmental impacts anticipated from the construction or the operation of the marina . a. Land Use Changes The land is currently operated as a boat yard and the expansion the marina is considered an expansion of an existing marine related facility. b. Wetlands Under the preferred alternative, there would be no permanent impacts to coastal wetlands. There will be some short term minor disturbances to coastal wetlands due to piling installation. The pier widths and heights conform to CAMA standards and should not cause 5 any negative effects to wetlands from shading. There is no bulkheading, filling or dredging proposed in wetlands or any other portion of the project.. c. Prime Farmland The soil series ( Altavista ) of the property which is mapped in the SCS Pamlico County Soil Survey is designated as a prime farmland soil by the Soil Conservation Service. However, the construction of the proposed project will not impact any upland soils and therefore will not impact any prime farmland. Furthermore, the project site has been altered severely enough in the past it is unlikely that the original soils are intact and could be utilized for farming in the future. . d. Public Lands such as parks ( state, federal or local ) There will not be any environmental impacts to any state, federal or locally owned park lands. The proposed docks/slips will occupy approximately 4200 sq. ft. of public trust waters as defined in North Carolina Administrative Code 7H.0207 However, the marina slips and boatyard services will be available to the public for a fee. The proposed piers will not extend beyond the 1/3 line as regulated by the CAMA. e. Scenic\Recreational Areas There are no known designated scenic or recreational areas located near the project. 6 E Areas of archaeological or historical value Based on information provided by the N. C. Division of Coastal Management there are no identified archaeological or historical sites at the project location. g. Air Quality There are no adverse environmental impacts to air quality anticipated from the construction or operation of the additional slips.. h. Groundwater Quality The facility will continue to be supplied with water from the municipal system. There are no adverse environmental impacts anticipated from construction or operation of the proposed project. The Town of Oriental will continue to provide services to the property. 1. Noise Levels There will be short term noise generated during construction of the proposed slips, but upon completion there are no adverse environmental noise impacts expected from operation of the marina. j. Water Supplies Drinking water for the facility will be provided by the existing municipal system. k. Shellfish or fish and their habitats There is no dredging proposed for the additional slips. Only short term minor impacts to shellfish or fish and their habitats are expected from the construction and operation of the proposed marina. 7 1. Wildlife/Wildlife Habitat There are no known threatened or endangered species or habitats that would be impacted by the construction or operation of the proposed marina. m. Introduction of toxic substances The existing boat yard utilizes various hazardous materials and hazardous wastes such as boat paints, solvents, oils, diesel fuels, etc. The boat yard utilizes approved storage and transportation methods for these products and will continue to do so. As part of the overall marina operation, there will be emergency response equipment on site to respond to any spills at the site. With proper utilization and storage of hazardous materials and wastes there are no significant environmental impacts anticipated from their use. A commercial disposal company currently provides services to the existing marina. n. Eutrophication of receiving waters As required under state laws, a sedimentation and erosion control plan and a stormwater management plan will be submitted for the proposed project. Also, a pumpout station will be provided at the marina for handling of boat wastes and no overboard discharge signs will be strategically posted at the marina. Tenants of the marina will have to sign a lease agreement with a requirement that they comply with all state, federal and local laws and regulations. Violation of this contractual agreement will be grounds for lease termination. The marina will utilize the existing Town of Oriental Sewer System for wastewater disposal. There is not a septic tank proposed with the project. 8 Department of Enyironment, Health, and Natural Resources Office of Legislative and Intergovernmental Affairs Project located in 7th floor library Project Review Form ! D ?? Project Number. County: Date: Date Response Due (firm deadline): .-'iA ?.GU.?6'v? ?G?G????GY?i?, ?4? (1??,u.?tc.1?. . This project is being reviewed as indicated below: / ,? ?/ 4 ?U?_ / /-, Regional OfficelPhone Regional Office Area In-House Review ? Asheville ? All R/O Areas ? Soil and Waterarine Fisheries ?W ? Fayetteville ? Air ater Planning Xcoastal Management ? Water El Water Resources ? `nvironmental Health ? Mooresville ?Groundwater Wildlife QSolid Waste Management ? Raleigh ? Land.Quality Engineer ? Forest Resources ? Radiation Protection hi W t ? Recreational Consultant ? Land Resources David Foster on as ng ?Coastal management Consultant )CRI Parks and Recreation ?Other (specify) ? Wilmington ?Others f,Environmental Management ? Winston-Salem PWS Monica Swihart ag Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicke) XNo RegionOffice response to be compiled and completed by Regional Manager objection to project as proposed ? No Comment ? Insufficient information to complete review ? Approve ? Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations for strengthening (comments attached) ? Recommended for further development if specific & substantive changes incorporated by funding agency (comments attach ed/authority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated In attached comments (authority(ies) cited) ?Applicant has been contacted ? Applicant has not been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA ? Other (specify and attach comments) RECEIVED RETURN TO: Melba McGee ENVIRONMENTAL SCIENCES ,. "'_ W Office of Legislative and Intergovernmental Affairs b Z r a z m f.-I b R i J kA Pt Z 0 w -c n. L s ^o = w Ipp O 7- ,a Rl 7D o f11 ?1 x s M N 1 x r • ? ? o i t ? E ? it 3 ? K M Ca ? N • • r • IL • • r ' a • • 2 1 _ x .? r v m -t "' O kA C) m y i rn 73 b n ? 0 m a N b °a a b N .a 0 1 4 o b N ? UU O 41. O 1? O 'Q' a ? 0 'd ? dyD a o y ° O 40. a? «1 O a a z ON 4