20091186 Ver 2_Other Agency Comments_20101025

Regulatory Division
REPLY TO
ATTENTION OF:
October 12, 2010
Action ID No. SAW-2009-01135
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
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DENR - WATER QUALITY
WETLANDS AND 5TQR IWATER BRANCH
Reference the application of Homer Smith, LLC (Beaufort Harbor Marina & Yacht Club) to
construct a 85 slip marina, dredging, club house with ship store, 43 car asphalt parking lot, a
fueling facility, extension of the existing concrete boardwalk, all associated dock components,
and installation of two above ground fuel storage tanks at 101 Cedar Street (currently the site of
Homer Smith Seafood), adjacent to Town Creek, Beaufort, Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the U.S. Army Corps of Engineers (USAGE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
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3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. The docks and piers extending over wetlands will be elevated sufficiently (a
minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate,
or other elements of the aquatic environment.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
6. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
7. A monitoring plan should be submitted, prior to construction, for Corps approval to
identify any unanticipated impacts to Essential Fish Habitat (EFH) associated with the
authorized project that may occur and trigger the need to implement compensatory mitigation to
offset these losses. The monitoring data should document the extent of the existing marsh and
oyster rock areas prior to construction and annually for three years thereafter. This data should
include transect surveys of the marsh and oyster rock habitats to determine frequency of
occurrence, abundance, and density of marsh vegetation and oyster rock within the project area.
8. Within one year of the issuance of the Department of the Army (DA) permit, the
Permittee shall cause to be recorded, a preservation mechanism acceptable to the Corps for the
permanent protection of the marsh habitat area identified for preservation in the "Beaufort
Harbor Marina and Yacht Club, Existing Conditions" plan dated July 7, 2010.
9. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
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10. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety.
11. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
12. In order to protect juvenile finfish resources, no excavation or filling activities will be
permitted between the dates of April 1 and September 30 of any year without the prior approval
of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers.
13. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
14. All excavated materials will be confined landward of the mean high water level
elevation contour within adequate dikes or other retaining structures to prevent spillover of
dredged materials into any vegetated wetlands or surrounding waters.
15. Excavation will not exceed -8.0 feet below the elevation of mean low water.
16. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
17. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
18. Approval of the structure was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway
(AIWW), a possibility exists that the structure may be damaged by wave wash from passing
vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to
nullify the navigational benefits on which the AIWW was justified. Issuance of this permit
should not be construed, as relieving the permittee of taking proper steps to insure the structure
and moored boats will not be damaged by wave wash normally to be expected in the AIWW.
19. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance of
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this project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
20. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
21. The activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside the area of construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters
by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in
all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
22. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre-project condition.
23. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, at [phone].
Sincerely,
David L. Timpy, Project Manager
Wilmington Regulatory Field Office
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Copies Furnished:
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
J Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Ms. Becky Fox
U.S. Environmental Protection Agency - Region 4
1307 Firefly Road
Whittier, North Carolina 28789
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421