22-22 Harnatkiewicz (BakeBottleBrew).docx

Permit Class
NEW
Permit Number
22-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r r m t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Issued to John and Debra Harnatkiewicz,147 Front St., Swansboro, NC 28584
Authorizing development in Onslow County at adi to the White Oak River, at 147 Front
Street, in Swansboro as requested in the permittee's application dated 11/16/21,
including attached workplan drawings (2) Existing dated 11/13/21 and 1 of 1 dated "Revised 11/14/21".
This permit, issued on March 9, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Marina Expansion within Urban Waterfront
1) This permit authorizes only the docks, piers, tie pilings and boat lifts, and other structures and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, shall become a permanent part of this marina
expansion without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification.
2) No portion of the docking facility shall exceed a maximum of 157 feet waterward from the
waterward edge of the existing bulkhead, to comply the established Town of Swansboro pier -head
line, located at the designated U.S. Army Corp of Engineers AIWW setback.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary or urt1 ana me Lnau
of the Coastal Resources Commission.
Aci Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

John and Debra Harnatkiewiez
ADDITIONAL CONDITIONS
Permit No. 22-22
Page 2 of 4
3) The waterward edge and adjacent riparian limits of the authorized marina shall be staked by the
permittee prior to the start of the dock construction and the permittee shall contact the appropriate DCM
Field Representative for an inspection to verify the authorized dock dimensions from normal high water.
The stake shall remain in place for the duration of the construction project.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharged at the marina shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This permit authorizes 7 additional formalized boat slips for a maximum of 11 formalized boat slips at
this marina.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the southwestern adjacent property owner's area of riparian access.
8) Should Lot to the northeast be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.
9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
10) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
11) No portion of the permitted structure shall be located within 100 feet of the near bottom edge of the
federally maintained AIWW channel.
12) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
13) The marina shall display a sign showing the location of the nearest pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier.

John and Debra Harnatkiewicz
ADDITIONAL CONDITIONS
Easement
Permit No. 22-22
Page 3 of 4
14) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
As -Built Survey
15) An as -built survey shall be performed on the marina, and copies of the survey provided to the Division
of Coastal Management, within 60 days of completion of construction of these portions of the project.
Sedimentation and Erosion Control
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
17) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
USACE Conditions
18) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
19) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
20) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
21) The pemuttee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: The permittee is advised to institute a comprehensive marina management plan to address the
general use and potential risks associated with the daily use of the marina.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required by the Town of Swansboro.

John and Debra Harnatkiewicz Permit No. 22-22
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-00073).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 004636 and assigned the project DWR Project No. 2021-1839.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.