Loading...
HomeMy WebLinkAbout20091186 Ver 3_CAMA Application_20110613A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director Lo U 3 Dee Freeman Secretary June 10, 2011 p Egg-M e VL MEMORANDUM: J UIV 1 t 3 '2011 TO: Karen Higgins weDENR e- walk Division of Water Quality -°--+!ate?r g,g,,, FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Homer Smith, LLC (Beaufort Harbor Marina and Yacht Club) Location: The project site is located at 101 Cedar Street, south side of Town Creek, Beaufort, Carteret County. Proposed Project: The applicant is proposing to construct a 109 slip marina, clubhouse with ship shore, 43 car asphalt parking lot, boardwalk and extend existing concrete boardwalk, all associated dock components and installation of two above ground fuel storage tanks. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/01/2011. If you have any questions regarding the proposed project, please contact Heather Styron at (252) 808-2808. When appropriate, in-depth comments with supporting data are 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. This agency objects to the project for reasons described in the attached comments. SIGNED 400 Commerce Ave., Morehead City, NC 28557--3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net DATE An Equal Opportunity \ Affirmative Action Employer NorthCarolina Nahm,711b, DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Homer Smith LLC (Beaufort Harbor Marina and Yacht Club) 2. LOCATION OF PROJECT SITE: Adjacent to the south side of Town Creek at 101 Cedar St. (currently Homer Smith Seafood), Beaufort, Carteret County Photo Index - 2000: grids 40-528 O (9-12) 2006: grids 41-8034 J (13-16) State Plane Coordinates - X: 2701314.273 Y: 362182.534 Rover: J072209A Longitude: 76°39'57.05625 Latitude: 34°43'20.98483 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/22/2009, 10/8/09, 7/15/10, 6/7/11 Was Applicant Present - Yes, No, No, No 5. PROCESSING PROCEDURE: Application Received -5/26 /2011 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Beaufort dated January 26, 2007 Land Classification from LUP - Mixed Use/Conservation (B) AEC(s) Involved: CW, EW, PTA, ES (C) Water Dependent: Marina(yes), high ground work(no) (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Municipal sewer Planned - Municipal sewer (F) Type of Structures: Existing - Homer Smith Seafood with all accessory buildings, parking lot, concrete bulkhead and docks. Planned - 43 car parking lot, 109 wet slips, 8' wide Boardwalk with extension, 2 fixed piers, 4 gangways, 4 floating docks, one fuel and pump out dock, finger piers, platforms for fuel control, trash receptacles, electrical transformers, two 6000 gallon above ground fuel tanks, clubhouse and new left turning lane on Highway 70. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A N/A 34,081 ft2 Shaded 122,940 ft2 Inc. (B) Coastal Wetlands ' N/A N/A 240ft2 Inc. 240ft' Shaded (C) Shallow Bottom 214,352 ft2 N/A N/A (D) High Ground N/A 36,154ft2 N/A Field Investigation Report: Homer Smith LLC Beaufort Marina Harbor and Yacht Club Page 02 (D) Total Area Disturbed: 373,686ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: No PROJECT SUMMARY: Please note this application is a new submittal of the previously permitted (# 114-10) project from October 2009, which has been suspended. The previously permitted project authorized an 85-slip marina, clubhouse with ship store, 43-car asphalt parking area, boardwalk with board walk extension, two above ground storage tanks and all associated dock components. The current proposal is to construct a 109-slip marina (96 permanent and 13 transient), club house with ship store, 43-car asphalt parking lot, boardwalk, and extension of an existing concrete boardwalk, all associated dock components and installation of two above ground fuel storage tanks. A Section 404 wetland delineation has been signed for the project site, and is on file. The applicant submitted an Environmental Assessment on October 1, 2008 which was submitted to State Clearing House on October 2, 2008. The Environmental Assessment satisfied the State Environmental Policy Act requirements in 2009. A FONSI was issued on May 19, 2009. 9. Narrative Description The Homer Smith LLC/ Beaufort Harbor Marina and Yacht Club project is located approximately 380' east of the DOT bridge at 101 Cedar Street in Beaufort and is along the south side of Town Creek and the USACE Federal Harbor. This project is not located within the Town of Beaufort's Locally Designated Historical District however it is located within The National Register Historical District. The property is 58,370 square feet in its entirety and is an average of 5' above NHW. The shoreline length for this property is 795'. The site currently supports one large seafood packing building, loading docks, fuel storage, a gravel parking lot, commercial fishing boat docks and 10 existing slips. The shoreline is stabilized with an existing concrete bulkhead. The proposed development is a commercial project. The properties impervious surface for the entire tract is currently at 70.5 % with 68.74% within the AEC. There are commercial properties to the east and the US Hwy 70 draw bridge to the west of the project area. At least one to two new marinas have been proposed and permitted within Town Creek over the past years within the vicinity of the project area. There is a proposed Town of Beaufort pier head line shown on the 6/7/11 plats which extends the piers past the 1/4 allowable distances. This was determined by extending between the previously permitted Homer Smith Marina and the permitted Lo'r decks project to the east. The applicants are seeking Town adoption of this pier head line and are currently in negotiations with adjacent property owners (Beaufort Partners) and the Town of Beaufort. Field Investigation Report Homer Smith LLC Beaufort Marina Harbor and Yacht Club Page 03 The Town of Beaufort's Land Use Plan classifies this property as Mixed Use with all parts of the AEC classified Conservation. Town Creek is not designated as Primary Nursery Area and is closed to the taking of shellfish. Town Creek within this area carries a water classification of SC and has an average width of 1,400'. Water depths are an average of - 3.5'nlw in area one and -3.4'nlw in area two of the project area and riparian corridors have been set to follow the existing alignment of the adjacent neighbor "Beaufort Partners LLC" on the east side and are drawn 90° from the channel and Federal Harbor line on the west side. Through field verification substrate was found to be mostly silt. No SAV's or shellfish were observed within the project area however there is a predominate oyster bed along the shoreline of the adjacent property to the west. 10. Proiect Description: The current proposal is to construct a 109-slip marina (96 permanent and 13 transient), 43- car asphalt parking lot, clubhouse with ship store, boardwalk, finger piers, platforms and docks for commercial use. The applicants are proposing to construct a partial fixed pier and partial floating pier marina with permanent slips. There would be two fixed piers (docks C & D) located at the most western portion of the project area. Dock D would be 6' x 193.08' and Dock C would retain the dimensions of 6' x 43.73'. Fixed dock D would cross 30' of coastal wetlands with dock C crossing 20'. Both of these fixed piers would connect to an 8' x 222.52' high ground wooden boardwalk which then would connect to the existing concrete boardwalk. Out in the water a 4' x 22' gangway would connect fixed pier (D) to a 9'10" wide floating pier. Floating pier (D) would cross open water for 225.87' and intersect a 6'2" x 89.43'floating platform. A pump out would be located in the center of this platform 1'-2' east of the access. The west side of the platform would be located a distance of 390' from the federal harbor setback with the east side located a distance of 380'. The docking facility complies with the minimum 15' setback from the west side riparian corridor. There would be 19 permanent slips located within this area. There would be two transient slips located on the most northern side of the platform. The inner slips would be numbered D -1 to D-19 with a total of 10 finger piers (5@5' x 45', 1@5' x 40', 1@5' x 50', and 3 @ 5' x 60') and 18 tie pilings within this area. The outer slips would be numbered T-13 to T-12 and would be side-too. Slips D-1 to D-19 would range in width from 20.5' - 24.5' wide depending on location. A 10' x 12' electrical platform would be located on the west side of the floating pier (D) a distance of 165' waterward of nhw. Floating pier C would be located directly east of pier D and would connect to a 6' x 43.73' fixed pier by way of a 4' x 22' gangway. The floating pier would extend over open water for 372.03' and would be 9' 10" wide. It would intersect with a 6'2" x 104.83't- head Field Investigation Report Homer Smith LLC Beaufort Marina Harbor and Yacht Club Page 04 platform. There would be a pumpout located 1'-2' east of the access. The west side of the platform would be located a distance of 370' from the ederal-harbor setback with the east side located a distance of 360'. There would be 26 permanent slips within this area with 13 finger piers (5@ 45' x 5', 1 @40' x 5', and 7 @ 50' x 5'). A total of 28 tie pilings would be located within this area. The slips would be numbered C-1 to C-27. There would be two transient slips located on the outer portion of the platform. They would be side-too and would be numbered T-10 and T-11. Slip areas C-land C-27 range in width from 20.5- 26.3 and 40'-50' in length. A 5' x 10' electrical platform would be located on the east side of the floating pier (C) a distance of 55' waterward of nhw. A 6' x 6' trash can platform would be located on the east side of the fixed pier (C) at a distance of 35' waterward of nhw. Pier B would be located east of pier C and would connect to existing concrete boardwalk by way of a 4' x 12' gangway. Floating pier (B) would extend waterward for 375.51'. It would be 9'10" wide and intersect with an 13.51' X 109.83'T- head platform. The floating platform would be used as a pumpout. The west side of the platform would be located a distance of 450' from the federal harbor setback with the east side located a distance of 440'. There would be 32 slips located within this area with 15- (5'x 50') finger piers and 34 tie pilings. The slips would be numbered B-1 to B-32 with dimensions of 20' x 50'. Two transient slips would be located on the outermost portion of the platform and would be labeled T-8 and T-9. A 10' x 12' electrical platform would be located on the east side of the floating pier (B) a distance of 10' waterward of nhw. Pier A would be located east of pier B and would connect to the proposed 8' x 10' boardwalk extension by way of a 4' x 20' gangway. The floating pier (A) would extend waterward for 407.74'. It would be 9'10" wide and intersect with a 11.67' x 246.43' 1-head platform. The west side of the platform would be located a distance of 350' from the federal harbor setback with the east side located a distance of 50'. There would be 12 permanent slips located within this area with 9 (5'x 50') finger piers, one 10' x 50.36' fuel control platform and 18 tie pilings. The slips would be numbered A-1 to A-18 and would have a dimension of 17' x 50'. A total of four transient slips would be located on the outermost portion of the platform, would be numbered T-1 to T-4 and of side-too design. A 5' x 10' electrical platform would be located on the west side of the gangway for floating pier (C). The electrical platform would be between the existing concrete bulkhead and the finger pier of slip area A-1. The proposed structure meets the 15' setback and due to the close proximity to the permitted docks to the east (30' to tie pilings); no slips are proposed on the east side of pier A. The typical boat using the marina would be 40' to 80' with mixed types such as sail, charter, yachts and center consoles. The marina policy would prohibit overboard discharge with no overnight or live aboard dockage and would seek to enroll in the Clean Marina Field Investigation Report Homer Smith LLC Beaufort Marina Harbor and Yacht Club Page OS program. The marina would be equipped with a pumpout stations on each platform and would require boat owners to pl-7c dve packs within their pamrout tanks. There would be "No Sewer Discharge" signs on every dock as well as "Pumpout Available" signs. The width of Town Creek in the western area of the property is 1,436.59' with the most eastern portion at 1,098.38'. The western pier (D) would extend 395' into the water body from nhw and the eastern pier (A) would extend 425' to 490' depending on location into the water body from nhw. All the piers and platforms would be located a range of 50' to 390' from the federal harbor setback and 15' from the riparian corridors. The proposed piers as shown extend waterward beyond the'/4 width allowable distance to a proposed pier head line. At the time of the writing of this report, this line does not exist or and is not applicable. A new 8' x 10' wooden boardwalk extension would be added on the east end. The existing concrete boardwalk would connect with a new wooden slatted designed boardwalk 340' from the east riparian line. The wooden boardwalk would be 8' x 222.52'with docks (D) and (C) connected. All work would be located over high ground. The applicants are proposing to excavate two sections of the boat basin area with a hydraulic pipeline method. A total of 36,543 cubic yards of material would be removed below nhw. The excavation dimensions are 166.1' x 320' for Areal and 201.5' x 800' for area2. The average existing depth in area 1 is -3.5' nlw and -3.4'nlw in area 2 with a proposed final depth of -8' nlw. The connecting water depths within this area range from - 12'nlw to -14'nlw. The excavation within area two on the most eastern section would be a minimum distance of 85' from all coastal wetlands with the excavation for area one a minimum of 120' from the most western side of the existing coastal wetlands. A dredge disposal dike would be utilized for spoil disposal and would be located at the Beaufort MarltirnL Museum site (Aqua 10) adjacent to the Beaufort Airport property. The berm would start from grade and rise with an outer 3:1 ratio, depending on location, to a 6', 8' or 10' platform, then fall with an inner 3:1 ratio. The fill height would be 5' to 6' with 2' of freeboard. All sides of the berm would be designed in this manner. The dimensions of the berm would be 290' wide x 405' long and allow for 88,566 cubic yards of material. The existing ground surface is at + 3'to 4' with the berm height at +8'to 10' from existing grade. There would be a 560' long influent pipe from Gallants Channel to the spoil area and a 230' long effluent pipe leaving the spoil area with a settling basin and discharging into Gallants Channel. The pipes would be located a distance of 380' apart within the berm area and 10' apart at the Gallants Channel entrance to the berm. The most western berm would be a distance of 40' from nhw and 20'-30' from delineated jurisdictional 404 wetlands. The most eastern berm would be a distance of approximately 60' from the nhw. Field Investigation Report Homer Smith LLC Beaufort Marina Harbor and Yacht Club Page 06 The applicants are proposing a clubhouse with ship store and a 43-space asphalt parking lot area located on existing impervious at the high ground-portion as an amenity for the marina. They are proposing a two-story elevated clubhouse with porch and deck for the use of the marina patrons. The building would be 30' x 40' (1200 square feet) and a maximum height of 35'. The existing grade is +5.0' MSL with the completed first floor building height at +9.0' MSL. The clubhouse would have 7 new concrete walkways which would connect the docking facility as well as the parking area to the clubhouse. A handicap ramp would be constructed on the western side of the clubhouse as well. The 43-space parking area would be located on the east side, west side and directly behind the clubhouse building. There would be 1 Iparking spaces located on the west side of the clubhouse that would run shore parallel with the existing bulkhead and would be a minimum distance of 8' above nhw. There would be 14 spaces located behind the clubhouse at a minimum distance of 51' to 77' from nhw. The final 18 spaces would be located on the east side of the clubhouse a minimum distance ranging from 5' to 25' from the nhw. The applicant is proposing two above ground fuel storage tanks. They would be located on the east side of the clubhouse along the west side of the parking area. They would be a distance of 30' from the nhw. The clubhouse, fuel storage tanks, new concrete walks, handicap ramp and parking area would be located over existing impervious which for the entire combined tract is 41,203 square feet or 70.5%. The current impervious area with the Coastal Shoreline AEC is 44,085 square feet or 68.74%. The proposed upland development would require a total of .83 acres of high ground to be graded and filled. The amount of impervious surface proposed along the tract within the AEC would be reduced to 36.77% and 46.6% for the entire tract. The clubhouse would be located 27' from the nhw, the fire lanes 5' above nhw. The parking lot would be located a distance of 15' from nhw and 40' from the DOT right of way. 11. Anticipated Impacts: The proposed docks and fingers would shade 34,081 ft2 of estuarine bottom and incorporate 122,940 ft2 of Public Trust open water. The access docks would shade 240 ft2 of coastal wetlands. The excavation for the entrance channel to the proposed marina and the marina footprint itself would disturb 214,352 ft' of shallow bottom habitat and remove 36,154cubic yards of material from the system. The setting of pilings and excavation has the potential to cause a temporary increase in turbidity during construction and excavation activities. The proposed dock configurations would exceed I/4 of the width of the water body (1400') in this area, with pier A extending a distance of 140'-150', pier B extending 40', pier C extending 15'-80' and pier D extending 8'-10' beyond the i/4 distance. Field Investigation Report Homer Smith LLC Beaufort Marina Harbor and Yacht Club Page 07 Although the proposed docks would be located a distance of 50' to 390'from the Federal Harbor setback, the project could cause potential navigational impacts to small boats and individuals anchoring in the area. The most eastern portion of dock A has the potential to cause ingress and egress problems with a previously permitted marina and should remain clear space with no authorized slips. The upland portion of this project would require the grading and filling of .83 acres with a finished impervious percentage of 36.77% within the AEC and 46.6% for the entire tract. The impervious area has been reduced from 70.5% for the entire tract and 68.74 % within the AEC. There have been one to two new marinas proposed and permitted within Town Creek over the past year (Beaufort Partners LLC) and have the potential to cause cumulative impacts with the increased development and boating use. Name: Heather Styron Date: 6/9/11 Morehead City gloom APPLICATION for ??- ?? Major lovel D opment Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Homer Smith Llc Project Name (if applicable) Beaufort Harbor Marina and Yacht Club Applicant 1: First Name Tony MI Last Name Frost Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box PO Box 68 City Salter Path State NC ZIP 28575 Country _ Phone No. 252 - 728 - 2944 ext. FAX No. - - Street Address (if different from above) 101 Cedar St City Beaufort State NC ZIP 28516- Email 2. Agent/Contractor Information - Business Name Stroud Engineering, Pa Agent/ Contractor 1: First Name MI Last Name Ronald D Cullipher Agent/ Contractor 2: First Name MI Last Name David W vambardella Mailing Address PO Box City State 151A Highway 24 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 247 - 747 9 ext. - - ext. FAX No. Contractor # 252 247 4098 Street Address (if different from above) City State ZIP Email rcullipher@stroudengineer.com <Form continues on back> o q- I t 9 6 v3 Q- 252-808-2808 .. 1-888-4RCOAST www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) Ctud?Pe JUN 7 011 j APPLICATION for Major Development Permit 3. Project Location r County (can be multiple) Street Address State Rd. # Carteret 101 Cedar St NC Hwy 70 Subdivision Name City State Zip Beaufort NC - 28516- Phone No. Lot No. (s) (if many, attach additional page with list) 252 - 728 - 2944 ext. , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Whiteoak Town Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Town of Beaufort 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 795 FT 58,370 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 1.34 ac, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5 ®NHW or ?NWL e. Vegetation on tract Coastal Wetlands, 404 Wetlands, Cedar trees, grass f. Man-made features and uses now on tract Currently used as a commercial fishing operation. Existing Concrete Bulkhead, Docks, Fishouse, Gravel Parking, Concrete Boardwalk, Loading Dock, Fuel Tank. g. Identify and describe the existing land uses adiacent to the proposed project site. Existing land uses adjacent to the site are commercial. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? B-3 (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST :. www.nccoasta[management.net Form DCM MP-1 (Page 3 of 4) RECEPJED JUN 7t)f a APPLICATION far Major Development Permit m. (i) Are there wetlands on the site? NYes ?No (ii) Are there coastal wetlands on the site? ?ChY••l4frI1? C! NYes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes NNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Wastewater treatt;4 '.' Town of Beaufort - o. Describe existing drinking water supply source. Onsite Well p. Describe existing storm water management or treatment systems. None existing 5. Activities and Impacts a. Will the project be for commercial, public, or private use? NCommercial ?Public/Government ?Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project will be developed into a marina capable of handling small transient boats all the way up to 80 ft yachts. 109 wet slips, fuel and pumpout facilities will be provided onsite along with a clubhouse and ship store. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction methodology, Hydraulic Pipeline Dredge Backhoe, Excavator, Dump Truck, Barge, Jet pump, all stored on site. d. List all development activities you propose. 43 car parking lot, 109 Wetslips, One 8 ft wide wood boardwalk and boardwalk extension, Two 6 foot wide fixed piers, Four Gangways, Four 9'10" wide floating docks including an 11.83' wide fuel and pumpout platform, finger piers, and clubhouse. Fixed Platforms for trash cans, Floating platforms for electrical transformers & fuel control, two above ground 6,000 gallon fuel tanks, and a new left turning lane on Highway 70 e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? .83 ?Sq.Ft or NAcres g. Will the proposed project encroach on any public easement, public accessway or other area NYes ?No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing surface runoff I. Will wastewater or stormwater be discharged into a wetland? ?Yes NNo ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No NNA j. Is there any mitigation proposed? ?Yes NNo ?NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) R JUN 2011 f' t7CiVt.tVr?a r?ra?av APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed.' c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name John Gardner Phone No. 252-977-7645 Address PO Box 4305, Rocky Mount, NC 27803 Name NCDOT Phone No. 252-514-4716 Address 209 S. Glenburnie Rd, New Bern, NC 28560 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major 92-01, Issued July 23, 2001, Tony Frost NCDENR 55-95, Issued 5/10/95, Homer Smith Seafood SW8-091221, Issued Feb 15, 2010 Homer Smith LLC 401 Water Cert, DWQ# 09-1184 12/14/09 Homer Smith LLC CAMA Major 114-10, October 15, 2010 Homer Smith LLC h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. CertiEcation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 5-16-11 Print Name David Gambardella (Agent) / Signature D'Xe? Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information pDCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) RECEryt-- O'UN 7 ? Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel NLW Canal Boat Basin Boat Ramp Rock Groin Rock (excluding ( or Breakwater shoreline NWL stabilization Length Area 1:320' Area 2: 800' Width Area 1: 166.1' Area 2: 201.5' AREA 1:-3.5 Avg. Existing NLW Depth AREA 2:-3.4 NA NA NLW Final Project Depth -8 NLW NA NA 7. EXCAVATION ?This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Fine sediments and silt 36,543 CU YDS c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of the excavation in these areas: d. High-ground excavation in cubic yards. NA 2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Maritime Museum Site, Aqua 10 Tract c. (i) Do you claim title to disposal area? ?Yes ®No ?NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None 88,566 CY d. (i) Will a disposal area be available for future maintenance? ?Yes ®No ?NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ?Yes ®No ?NA (ii) If yes, how much water area is affected? (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCQAST :: www.nccoasta[management.net revised: 12/26106 Feat„ DCNI MP-2 (Excavations and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ?Bulkhead ?Riprap ?Breakwater/Sill ?Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. ®This *ction not b. Length: t' _`' ?x1 Width: d. Maximum distance waterward of NHW or ? WLPCAT-AfftC f. (i) has there barn shoreline erosion during preceding 12 months? ?Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIMIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ?Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area ?CW ?SAV ?SB (iv) Purpose of fill ?WL ?None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Dredge spoils will not be kept onsite. Fill material will not be stored Backhoe, Excavator, Dumptruck, Hydraulic Pipeline dredge on site. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ?Yes ®No ?NA site? ?Yes SNo ?NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 5-16-11 Date David Gambardella (Agent) Beaufort Harbor Marina & Yacht Club Applicant Name l/ ?P?- ?? Project Name GI-J, -? ? Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26106 Form DCM NIA'-2 (-axcavation and, Fill, Page 3 of 3) MEWED JUN i Id 2011 a DC&-Ri L 252-808-2808 :: 1-888-4RCQAST :: www.necoastaimanaaement.net revised: 12/26/06 r Ri CBiyrw, t Form DCM MP-3 SUN 7 2011 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 1 Clubhouse, 43 car asphalt parking lot, Two Above Ground 6,000 galllon Fuel Tanks c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. No Residential Units .83 ac e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land-disturbing Asphalt, Concrete, Gravel activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ?Yes ENo ?NA (ii) If yes, list the date submitted: Concurrent with CAMA submittal g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built-upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 36.77% (reduced from existing) ®Yes ?No ?NA i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 46.6% (reduced from existing) (ii) If yes, list the date submitted: Nov. 16Th 2009, Received DWQ # SW8-091221 Describe proposed method of sewage disposal Town of Beaufort 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff k. Have the facilities described in Item (i) received state or local approval? ®Yes ?No ?NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ?Yes NNo ?NA If yes, attach appropriate documentation. 252-808-28082 :: 1-888-4RCOAST :: www.nccoastaImana-gement.net revised: 12/26106 For DCM MP-3 (Uprarrd Davelap errs, 'Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ?Yes ®No ?NA community, public system, etc.) (ii) If yes, how many acres? Town of Beaufort o. When was the lot(s) platted and recorded? Unknown p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ?Yes ?No ®NA 5-16-11 Date Beaufort Harbor Marina and Yacht Club Project Name David Gambardella (Agent) Applicant WMe Applicant Signature JUN 7 20111 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06 m.. PXC Form DCM MP-4 STRUCTURES 7 2011 (Construction within Public Trust Areas) DCIVt-14I1415 Crly Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: b. RCommercial ?Public/Government ?Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 4 (A,B,C,D) Floating & 2 Fixed. 1 Wood Boardwalk, 1 Wood Boardwalk Extension (iii) Length Floating: A-407.74', B 375.51', C-372.03' D- 225.87' Fixed: C-43.73'. D-193.08' Boardwalk: 222.52' Boardwalk Ext: 10' (iv) Width Floating 9'10 Fixed: 6' Boardwalk: 8' Boardwalk Ext: 8' (v) Floating ®Yes RNo e. (i) Are Platforms included? RYes ?No If yes: (ii) Number (11 TOTAL) 4 Floating (A,B,C,D,) 4 Electrical (1 AT EACH FLOATING DOCK, 2 Trash can (FIXED DOCK C & D), 1 FUEL CONTROL (iii) Length A - 246.43'. B- 109.83', C - 104.83', D- 89.43', Electrical 12', Trash 6', FUEL 50.36' (iv) Width A- 11.67",B- 13.51', C262", D-62", Electrical 10', Trash 6', FUEL CONTROL 10' (v) Floating RYes RNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 99 (ii) Number of slips existing 10 ?This section not applicable (i) Will the facility be open to the general public? RYes ?No d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ?No 2, 10, 32, 3 (47 total) 40'. 45', 50', 60' 5' ®Yes ?No f. (i) Are Boatlifts included? ?Yes RNo If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service R Dockage, fuel, and marine supplies ? Dockage ("wet slips") only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: R Other, please describe: Clubhouse. Pumaout 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaImanagement.net revised: 12/27/06 Form OVA CAR-4 (Structures, Pale 2 of 4) i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, [] Land cut and access channel charter boats, sail boats, mixed types). NOpen water; dredging for basin and/or channel Mixed types (Sailboats. Charter. Yachts. Center Consoles) []Open water; no dredging required []Other; please describe: r RECE WED be open to the general public'! k. Typical boat length: 40'-80' L (i) Wii®Yes facility itNo m. (i) Will the facility have tie pilings? NYes []No >DC1V1°MlEi13 CY'f'X (ii) If yes number of tie pilings? 98 2. DOCKING FACILITY/MARINA OPERATIONS []This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. N Office Toilets N Toilets for patrons; Number: 4; Location: Marina clubhouse N Showers N Boatholding tank pumpout; Give type and location: 4, One at each floating dock T head platform b. Describe treatment type and disposal location for all sanitary wastewater. Disposed and treated by Town of Beaufort sewage system c. Describe the disposal of solid waste, fish offal and trash. Garbage cans, dumpsters, and solid waste pickup d. How will overboard discharge of sewage from boats be controlled? Marina will be a locked head facility with no sewage discharge allowed. The marina facilities will be equipped with a sewer pumpout system to promote boater use and minimize discharge of wastewater from boats into the adjacent waters. A locked head policy will be put in place with strict enforcement action in slip leases to prevent bilge and head discharges. Boat owners will be required to place dye packs within their pumpout tanks in order to quickly identify any potential leakage. The sewer pump out will be closely monitored to ensure that it is properly utilized. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. "No sewage discharge" sign on every dock. 4 (ii) Give the location and number of "Pumpout Available" signs proposed. "Pumpout available" sign on every dock. 4 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance will be provided or allowed. g. Where will residue from vessel maintenance be disposed of? No maintenance will be provided or allowed. h. Give the number of channel markers and "No Wake" signs proposed. 0 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaciement.net revised: 12/27106 Form DOM PAP'-4 (Structures, Page S of 4) i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. 1 located at Dock B. The marina facilities will be equipped with a new fueling station that utilizes automatic shutoff noz? sand is designed to be quickly shutoff in the event of an emergency or a spill. Marina staff will be trained in a Spill Continge?S "It Fuel absorbent booms and materials, fire extinguishers, and other fuel absorbent materials will be stored near the fueling station. Procedures for fuel containment will be clearly stated on signs for boat owners. What will be the marina policy on overnight and live-aboard dockage? Overnight Allowed. No-Live Aboards Allowed k. Describe design measures that promote boat basin flushing? Limit depth of dredging to depth no deeper than connecting point 1. If this project is an expansion of an existing marina, what types of services are currently provided? NA m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. NCW 24,273 sf ?SAV ?SB ?WL ?None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ?Yes ENo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 0This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12127/06 Form DCFV1 NIP--4 (Structures, Page 4 of 4) t Jutj a 01 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ?Public/Government []Private/Community C. Distance to be placed beyond shoreline Note: This should be mea.s /red from marsh edge, if pr :,t e. Arc of the swing 7.. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15 East, 15 ft West Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1400' avg b. Number d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. 30 ft to permitted structures d. Water depth at waterward end of structure at NLW or NWL -12 to -14 ft NLW e. (i) Will navigational aids be required as a result of the project? []Yes ONo ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER ?This section not applicable a. Give complete description: 22'x 4' Gangways will be used to access each floating dock. 7-12-2010 APPlica e Date! Applicant Signature Beaufort Harbor Marina and Yacht Club Project Name David_Gambardella (Agent Stroud Engineering PA) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaImanagement.net revised: 12/27/06 09/22/2009 16:23 2527282108 NC MARITIME MUSEUM PAGE 02/02 NORTH CAROLINA MARITIME MUSEUM September 22, 2009 North Carolina To Whom It May Concern. Maritime Museum The North Carolina Maritime Museum in Beaufort is cooperating with Horner. Smith LLC on 315 Front Street Beaufort, NC the Beaufort Harbor Marina and Yacht Club development to receive as much of the, dredge 28516-2124 spoil as possible on our Gallants Channel property on the north side of the harbor:,As long as 252.728.7317 testing of the material tbroughout. the process, our concerns are met regarding permitting f=- 252.728.2108 , land clearing and disposal of cleared material, routing of the supply and- outflow lines, and cmai maritimc time@ncmail.net other issues can be addressed. to the satisfaction of our superiors in Rateigh. Whose issues, . and approval of our neigbbors in. that area notwithstanding, we havd the preliminary approval Graveyard of the of officials in NC Department of Cultural Resources, and State Property Office to pursue Atlantic Museum this. P.O. Box 191 Hatteras, NG 27943-0191 252.986.2995 f= 252.986.1212 North CardiAa Bob Spring le Maritime Museum at Southport 116 N. Howe Street P.O. Box 11101 Southport, NC 28461 910.457.0003 fax. 910.457.5201 Business Manager E l t REcr'VE0 ?V? JV IDCM. CVY 76p l?orlb C4rollnR MArlume rpa<enm !e n apctl?n of tbn Dlnlllo? oj,Slato AlaforyMa.?ernia ?ndar tbn Ohlre ofkrrb/n-gi amd )1lcroq. XG 00fi4?tMent of/'fural,RRdourers CAMA Major Permit Narrative Beaufort Harbor Marina and Yacht Club May 16th, 2011 f?l r? Property Address: 101 Cedar Street Beaufort, NC 28516 ' Lid k Owner: Homer Smith LLC PO Box 68 Salter Path, NC 28575 (252)240-9799 Engineer: Stroud Engineering, P.A. 151-A Hwy 24 Morehead City, NC 28557 A. Description of Project 1. Type of Development This project will include the development of a commercial marina with associated parking to be located at 101 Cedar Street in Beaufort, North Carolina at the current location of Homer Smith Seafood. The site consists of one parcels located on the water adjacent to the Hardees restaurant and across from Town Creek Marina. The site includes 1.34 acres that currently supports one large seafood packing building, loading docks, fuel storage, a gravel parking lot, and commercial fishing boat docks. The site was issued CAMA Major 114-10 for 85 slips on October 15th, 2010, and has an approved NCEPA document and FONSI for 235 wet-slips. Homer Smith LLC is proposing 109 wet-slips, which is well under the total approved in the EA document. The pierhead line shown on the plans has been proposed by CAMA in negotiations with Homer Smith LLC, adjacent property owners, and the Town of Beaufort. It extends between the previously permitted Homer Smith Marina, and the permitted Lo'r Decks project on Turner Street. Construction will require the removal of the existing dock and the existing seafood packing building. An 8 foot wide wooden boardwalk will be constructed along the western shoreline up to the existing concrete boardwalk. Four 9'10" wide floating docks will be constructed. Two 6 foot wide fixed piers with gangways will be constructed perpendicular to the proposed wood boardwalk for access to docks D and C. Docks A and B will be accessed directly from the existing concrete boardwalk. The floating dock width is required for safety due to the fact that there will be 2 ft wide dock boxes located on each side of the floating docks. This will leave 5'10" available for foot traffic. Each fixed pier will have platforms at their beginning to accommodate trash cans. Each floating pier will-tequire a platform for electrical boxes, wiring, 99 J+JN and meters. There will be a total of 109 proposed wet-slips ranging in size from 40 to 6b length with 47 finger piers 5 ft wide. 96 of the wet-slips will be permanent, and 13 of the wet- slips will be designated as transient slips. Two fuel pumps will be provided on Platform "A (Fuel)". Four portable pumpouts will be provided, one at the end of each dock.. Homer Smith LLC proposes hydraulic pipeline dredging of approximately 36,543 cubic yards of silt and fine sand from the marina basin. All dredging will avoid existing wetlands. T'he dredge disposal dike will be located at the Beaufort Maritime Museum site and property owned by Old Seaport Development LLC adjacent to the Beaufort Airport. Existing and proposed bottom contours are shown on the attached dredging plan. Existing normal low water depths range from 1 to over 14 feet in the area of the proposed docks; shallow areas are proposed to be dredged to an 8 foot depth at normal low water. The location of the deeper water bisects the site of the dredging into two areas. This channel ranges from 10 to almost 15 feet deep at normal low water and part of it will be used for access. The proposed dredged depths will be shallower than the access channel which will allow for good flushing twice a day. The upland component of the project will include a 43 car asphalt parking lot, above ground fuel tanks, clubhouse, and loading and unloading areas. Potable water and wastewater disposal will be provided by the Town of Beaufort. Upland disturbance will total approximately .83 acres. This includes the construction of 21,245 square feet of parking, 2,116 square feet for a clubhouse, concrete walkways totaling 3,869 square feet, and the removal of concrete, gravel, and the fish house. Existing impervious surfaces on site total 41,203 square feet. Significant amounts of gravel and concrete will be removed from the site. The total BUA will be reduced to approximately 27,203 square feet. The project has received DWQ exclusion # SW8-091221 2. Earth Disturbing Activities a. Removal of fish house, concrete. and gravel b. Dredging of boat basin and access channel c. Construction of boat slips d. Construction of parking lot e. Construction of clubhouse. 3. Drainage Drains into Town Creek by way of sheet flow. B. EA Mitigation • No wetlands areas will be dredged. A slope of at least 3:1 will utilized on all bottom contours. Hydraulic pipeline dredging techniques will be utilized instead of "cut and slough dredging techniques" in order to avoid undermining of existing wetlands. Dredge spoil disposal will stay out of any coastal and federal wetlands. JUN ZO LFL f V ' A.d41Y1"iY3117.8 qCd S .'{ The developer proposes the removal of existing buildings, existing gravel and pavement, and existing concrete for a total decrease in impervious surfaces of 16,430 square feet upon completion of the project. The marina facilities will be equipped with a sewer pumpout system to promote boater use and minimize discharge of wastewater from boats into the adjacent waters. A locked head policy will be put in place with strict enforcement action in slip leases to prevent bilge and head discharges. Boat owners will be required to place dye packs within their pumpout tanks in order to quickly identify any potential leakage. The sewer pump out will be closely monitored to ensure that it is properly utilized. The marina facilities will be equipped with a new fueling station that utilizes automatic shutoff nozzles and is designed to be quickly shutoff in the event of an emergency or a spill. Marina staff will be trained in a Spill Contingency Plan. Fuel absorbent booms and materials, fire extinguishers, and other fuel absorbent materials will be stored near the fueling station. Procedures for fuel containment will be clearly stated on signs for boat owners. • Maintenance activities such as boat engine repair, fiberglass repair, painting, pressure washing, and hull scraping will be prohibited on site. Use of phosphate free, biodegradable detergents and cleaning compounds for boat wash down will be encouraged at the marina. • Areas for fish cleaning and solid waste disposal will be provided for boat owners by the marina. • The Developer has contacted an independent environmental engineering firm to perform a detailed chemical analysis of marine sediments required by the NC Maritime Museum prior to dredge spoils being placed on their site. • The marina will seek to enroll in the NC Clean Marina program and meet all standards in order to maintain the Clean Marina status. • The marina basin is open water subject to tidal flushing and avoids the water quality problems associated with upland basins. In addition dredging will result in bottom contours shallower than and sloping towards the main access channel to prevent stagnation and promote complete tidal flushing of the marina. • The project is to be located in an area of water classification (SC) in which the Division of Water Quality prefer marinas as opposed to SA and SB waters. • The reduction in impervious surfaces will also allow the developer to replant much of the site with vegetation. • Dredging within the basin will occur during the winter months to avoid the juvenile shellfish and finfish season from April thru September. °. RECOVED r jUN 2011 US Fish and Wildlife Service manatee and turtle avoidance guidelines during DCNi construction will be distributed and adhered to on site. LT =_;I FA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 15, 2010 Ted and Alice Willis, Managers Homer Smith, LLC PO Box 217 t Salter Path, NC 28575 Subject: Stormwater Permit Exclusion - Redevelopment Beaufort Harbor Marina and Yacht Club Project Number SW8 091221 Carteret County Dear Mr. and Mrs. Willis: Dee Freeman Secretary i JUN 0j i DCM.MW C1: On January 14, 2010, the Wilmington Regional Office of the Division of Water Quality received a request to exclude the subject proposed redevelopment project from Stormwater Management Permit requirements. Staff review of the plans and supporting documentation has determined that the project proposes activities that are excluded from State Stormwater permitting requirements as set forth in Section 2.(d)(3) of Session Law 2008-211, effective October 1, 2008, and the stormwater rules under Title 15A NCAC 2H.1000, as amended. Therefore, the director of the Division of Water Quality is hereby providing confirmation that the subject project is excluded from State Stormwater permitting requirements under the following conditions: 1) The project must be constructed as shown on the plans submitted to this Office; 2) The proposed built-upon area of 27,623 square feet does not exceed the existing built-upon area of 40,326 square feet; and 3) The proposed stormwater control, sand filter and vegetated filter, provides equal protection of surface waters as the existing stormwater control, which is direct discharge via sheet flow over gravel. . Under Section .1003 (b) of the stormwater rules, the entire common plan of development must be permitted. Therefore, any future development or changes to the proposed development, including, but not limited to, the relocation of built-upon area and the construction of additional built-upon area, may require approval or a Stormwater Management permit application and permit issuance from the Division of Water Quality prior to any construction. Any construction on the site prior to receipt of the required approval or permit will constitute a violation of Title 15A NCAC 2H.1000 and Session Law 2008-211, and may result in the initiation of appropriate enforcement action. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. If you have any question, or need additional information concerning this matter, please contact either Linda Lewis or me at 910-796-7215. Sincerely, 1 ?g 'eorgett e Slott -? Stormwater Supervisor Division of Water Quality GDS/arl: S:IWQSISTORMWATERIEXEMPTQ0101091221.feb10 cc: Dave Gambardella, Stroud Engineering Town of Beaufort Building Inspections Division of Coastal Management-Morehead City Wilmington Regional Office Stormwater File DWQ Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877.623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturallrff