20081646 Ver 1_Public Comments_20081124

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The Smith Group
2502 Lennoxville Road
Beaufort, NC 28517
252-728-7328
30 October 2008
To: The NC Departments of: Administration, State Property Office
Cultural Resources, Division of Archives and History
Commerce, Division of Community Assistance
Transportation, Division of Highways
Environment and Natural Resources, Divisions of,
Environmental Health
Water Quality
Land Resources
Marine Fisheries
Water Resources
The Federal Review Agencies for: Army Corps of Engineers
Environmental Protection Agency
National Marine Fisheries Service
Fish and Wildlife Service
NOV242008 UCTY
WETLAN SAN STORMWA-M WA-MR BRMCH
Re: Black Cat - CAMA Major Permit Application (at Atlantic Veneer property)
Public Comment
To Whom It May Concern at the Above Referenced Agencies:
Please consider the following when evaluating the major development permit currently
under consideration by the Division of Coastal Management ("DCM") at the Atlantic
Veneer property in the Town of Beaufort (the "Black Cat Project").
I am a resident of Carteret County, living very near the proposed development area and
will be directly affected if the Black Cat Project is permitted. Having discussed this
project with a number of concern residents in the area, also likely to be directly and
adversely affected by this development, I submit the following comments for your
consideration:
1. Atlantic Veneer ("AV") is currently under notice of violation for failure to
build a sewage treatment plant for on-site solid waste disposal. It is our position
that AV should not be considered for permit review when they are in violation of
existing violation of the State, County and local rules and regulations.

NOV 17 2008
BY:
2. AV is in the Town of Beaufort Extra Territorial Jurisdiction ("ETF ). It is my
understanding that the Town of Beaufort has not seen or approved the Black Cat
Project plans. It is our position that the Black Cat Project should not be permitted
until there has been an in-depth permit review by the County and the Town of
Beaufort.
3. AV's plans propose constructing a marina that will be within 28' of an
existing septic field on Taylor's Creek. Particularly, the project proposes to cut a
finger channel/basin (referred to herein as a "channel/basin") that will be within
28' feet of the active septic tank of the eastern adjacent property owner. The set-
back requirements for the Town of Beaufort require 100' distance between the
septic tank and this proposed basin. Therefore, as proposed, the Black Cat Project
is against local land use standards and regulations.
4. The normal low water mark at this location of Taylor's Creek is well below
the toe of the bulkhead currently in place (where the mouth of the channel/basin
for this project is proposed). Thus, to dredge the channeUbasin (approximately
376' long and 78' wide) to a depth of 6'will create a silting hazard and require
unreasonable and recurring dredging. The strong currents in Taylor's Creek will
cause the proposed channel/basin to silt-in in a very short period of time. To
prevent this, jetties will likely be required to stabilize this proposed channel/basin,
extending out into Taylor's Creek. This will cause severe damage to adjacent
property owners and the existing integrity of the creek. Specifically, this will
cause an accretion of sand in the public trust areas of adjacent property owners,
ultimately inhibiting access to the use of existing piers and docks. These jetties
will likely pose navigational issues as well.
5. AV has been an historic environmental polluter on the proposed project site.
AV has used hazardous chemicals in the past to spray logs stored on this riparian
property of Taylor's Creek. When this area is disturbed by the massive dredging
project that will be required, there is a substantial risk of environmental
consequences if the soil is disturbed and not properly tested, treated, and disposed
of first.
6. AV will be required to relocate another existing septic tank, currently on the
AV property located just west of the path of the proposed marina access
channel/basin. This will firther implicate existing environmental issues not
sufficiently addressed in the permit application.
7. The permit application does not provide a storm water runoff plan (or this
was not included in materials we have received). A marina as proposed in this
location, with no storm water plan, will cause the funneling of non-point source
pollution--storm water from the surrounding AV property (where formaldehyde
is believed to be used in the manufacturing process), Lennoxville Road, and the
new marina site-directly into Taylor's Creek. This will only further degrade the
struggling waters of the state. Taylor's Creek is a tributary of North River-a
known fish and shellfish breeding ground and nursery habitat. The Black Jack
Project's close proximity to the North River outlet of Taylor's Creek will further
stress the dwindling fish, shellfish and sea life populations of this area
10. Transportation of boats back and forth across Lennoxville Road to the
proposed dry stack storage area will cause traffic and safety issues for the
residents of the eastern end of Lennoxville Road as well as to area residents who
use this route extensively for exercise and recreational purposes.
11. This development is out of character with the neighborhood, imposing a
significant waterfront, operational development that will service hundreds of
boats. The function of the marina and dry stacks will require the constant back
and forth of forklifts (often in reverse) both on the Taylor's Creek side of the
development, and across Lennoxville Road to transport the boats across
Lennoxsville Road.
12. The contaminated spoils from the extensive dredging will drain contaminants
for months and likely go untreated (it is understood that the proposed spoil sites
are on the North side of Lennoxville Road and adjacent to wetlands).
13. Any grandfathering that AV may hope to exploit in relation to this project was
voided by the changing of their lot lines with the SAS Corporation, an exchange
which took place during the past year.
Thank you for the opportunity to submit this non-exhaustive list of comments. I
appreciate the work that DCM does in requiring lawful development on our ever
endangered shores and estuarine areas. The Black Cat project, as proposed, is ill-
conceived and appears to be unlawful under the current local and state legal frame work
of this area. Please review this permit application discerningly.
With Warmest Regards,
Hubert C. Smith, Jr.
President, The Smith Group