20010916 Ver 1_COMPLETE FILE_20010611

of W A rFR Michael F. Easley
?O? pG Governor
Cp William G. Ross, Jr., Secretary
j r Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 22, 2001
DW Q# 01-0916
Carteret County
Homer Smith Seafood
C/o Tony Frost
P.O. Box 68
Salter Path, NC, 28575
APPROVAL of 401 Water Quality Certification
Dear Mr. Frost:
You have our approval, in accordance with the attached conditions, to impact 0.11 acre of open water in order to
install 22 mooring pilings adjacent to your existing dock to define 10 slips for the offloading of fish to your existing fish house
in Carteret County, as described in your application received by the Division of Water Quality on June 11, 2001. After
reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3274
which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use your
CAMA Permit when it is issued by the NC Division of Coastal Management. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA
Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us andkyou may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Ms. Joanne Steenhuis in DWQ's Wilmington Regional Office at 910-395-3900 or Ms.
Cyndi Karoly in Raleigh at 919-733-9646.
Sincerely,
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Central Files
File Copy
Doug Huggett
c
010916
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
MEMORANDUM
TO: John Dorney Regional Contact: Joanne Steenhuis
Non-Discharge Branch WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Homer Smith Seafood c/o Tony Frost County Carteret
Project Number 01 0916 County2
Recvd From DCM Region Wilmington
Received Date 6/11/01 Recvd By Region
Project Type
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
TAMA Waters PV @N 21-33 SC 30,503. F F - ??-
Y N F- J .?..+
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 ISSue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This agency has no oblection to the pgject as pronnsed No 401 needed.
cc: Regional Office
Central Office Page Number 1

Development Type FEE DCM % DWQ %
143001601435100093 1625 6253 243001602 435100095 2341
1. Private, non-commercial
development that does not Involve $250 100%($250) 0%($0)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
that does not Involve the filling or $400 100%($400)
0% ($0)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A. S. C, or D
below applies:
111(A). For Private, non-commercial
development, If General water Quality $250 100%($250) 0%($0)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality $400 100%($400) 0%($0)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and $400 60%(S240) 40%($160)
written DWQ concurrence is needed
because of concems related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) $400 60%($240) 40%($160)
can not be applied:
IV. For development that Involves
the filling and/or excavation of more $475 60%($285) 40%($190)
than one acre of wetlands and/or
open water areas:

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Homer Smith Seafood, c/o Mr. Tony Frost
2. LOCATION OF PROJECT SITE: On US 70 and Cedar Street in Beaufort, Carteret County, on the
northeast side of the Beaufort drawbridge.
Photo Index - 2000: #528, grid 10-0 1995: #508, grid 18-J,K GPS # L051819A
State Plane Coordinates - X: 2702200 Y: 361500
3. INVESTIGATION TYPE:CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 10, 2001; May 18, 2001
Was Applicant Present - Yes; Agent
5. PROCESSING PROCEDURE: Application Received - May 22, 2001
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Beaufort
Land Classification From LUP - Developed/Conservation
(B) AEC's Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal
Planned - None
(F) Type of Structures: Existing - Fish house, dock, parking
Planned - Mooring piles
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Open Water 4800 sf
(D) Total Area Disturbed: 4800 sf
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Applicant proposes to install 22 mooring pilings adjacent to his existing dock
to define 10 slips for the offloading of fish from commercial vessels to the existing fish house.
FIELD INVESTIGATION REPORT:
HOMER SMITH
PAGE 02
9. NARRATIVE DESCRIPTION:
The project site is located on the northeast side of the US 70 drawbridge to Beaufort, on US 70
and Cedar Street, adjacent to Town Creek, in Carteret County. This site is approximately 1.3
acres in sizes, and currently is occupied by Homer Smith Seafood. The tract is largely
impervious, having compacted sand and gravel for parking on most of the vacant area. There are
offloading docks existing, along with a building for processing, packaging, and offices. The
facility is serviced by municipal water and sewer services. Along the far western shoreline of the
property Spartina alterniflora marsh has colonized on a sandy point east of the bridge. CAMA
Permit #55-95 was issued on May 10, 1995 for an offloading dock extending into Town Creek
along the west side of the boat basin. This structure was constructed, and the permit expired on
December 31, 1998.
Town Creek is classified SC by the Division of Water Quality. The waters are closed to the
taking of shellfish for consumption by the Division of Health Services, and the area is not
designated PNA by the Division of Marine Fisheries. The Town of Beaufort Land Use Plan
classifies this area of Beaufort as Developed, with all AEC's classified Conservation. The water
body of Town Creek is in excess of 1000' across at the project site.
The proposal is an enhancement to the existing use. Currently, offloading commercial vessels lay
alongside of the dock to the south and the dock to the west. The applicant proposes to formalize
the slip space on the western dock to prevent the haphazard docking occurring presently. Also
problematic with the current system is the blocking of emptied vessels by vessels ready to offload
bridled to them.
Specifically, the proposal is to install 22 mooring piles adjacent to the western dock. These
pilings would be placed ±9' and ± 30' waterward of the dock, extending further into the basin
rather than further into Town Creek. Ten slips would be created along this existing dock by the
pilings, within waters approximately 12' deep at nlw. The development would terminate > 300'
from each riparian corridor.
10. ANTICIPATED IMPACTS:
The project as proposed would incorporate approximately 4800 sf of Public Trust Area within an
area presently used for the same purpose. Water depths are sufficient for the use. The current
use would not be expanded by the proposal, but operated more efficiently. Turbidity increases
can be expected during pile driving.
T. Barrett June 07, 2001 Mw4iead0ty
rut u: L`nr:ru?-1
APPLICATIO
(To be completed by all applicants) MAY 2 2 2001
COASTALMANAGEM
MOREHEAD
b. City, town, comm r an mark
L APPLICANT
a. Landowner:
C. Street address or secondary mad number
US Nwy `7D - der ?{-,
Name ?CY1Pt' ?J mrah J 60.
1p $
Address D - Doi
city &+cr Ta- h state ?-
Zip !q-1 Day Phone 728- 2q 44
Fax 1??
). Authorized Agent:
Name _ I one r osf
Address ?. ?, X (p$
City State IJ
Zip 23.f? Day Phone Fax Proje a Ifany)-VADryi?r- '3m j*t)
13 Car
Nof Permit will be issr;ri its name of Imsdowrser(sJ, mid/or
project name.
LOCATION OF PROPOSED
PROJECT
County ?.ct riffe- ?
d. Is proposed work within city limits or plannin.
jurisdiction? --X_ yes No
e. Name of body of water nearest project (e.g. rive-,
creek, sound, bay) Tb w n ! r k
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, anc
excavation and/or filling activities.
b. Is the proposed activity maintenance of an existinc
project, new work, or both? r 1C.
c. WiII the project be for public, private or commercial
use? m 1rY1 r? iQ
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
las haler -I ; ?E,
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1.34(D Qf re,_
b. Size of individual lot(s) I , '3` ty OtL're
c. Approximate elevation of tract above MHW or
NWL -i-s AWL.
d. Soil type(s) and texture(s) of tract
e. Vexation on tract Q rQS? "f- ?j 1 h >
f. Mar-made features now on tract LlS
4- QCC'-??SOr i id i
what is the CAMA Land Use Plan land
cla sincation of the site? (conm& dw bat pL=.)
Conservation _ Transitional
v_ Developed Community
Rural _ Other
h. How is the tract zoned by local government?
L Is the proposes project consistent with the applicable
zoning? _/ Yes No
(A= zm ng mn?limiar msiftcste, f appCresbleJ
j. Has a professional archaeological ass sment been
done for the tract? yes V No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _ No
Are there wetlands on the site? Yes -t/- No
Coastal (marsh) Other
If Yes, has a delineation been conducted?
(Anari doomwn=don, y amflable)
m. Describe existing wastewater treatment iacuities.
???y Sealef
n. Describe location and type of discharges to waters
of the state. (For example, surface taro=, sanitary
wastewater, industrial/commercial efuent, 'wash
down" residential discharges.)
/YIA
o. Describe existing drinking water supply source.
? i+? k14,?ef
5. ADDITIONAL ixFoRMAno.,
In addition to the completed application form, the
following items must be sub tted:
A copy of the deed (with state application on;v) or
other h=ment under which the applicant cl title
to the affected properties. If the applicant is not
claiming to be the owner of said proper-,y, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written pe.L;ssion
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1R" by 11" white paper. (Re:er to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are prefe<,? and
only high quality copies will be accepted. Bl,e-Iine
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Enginee:-s regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently denied to
guide agency personnel unfamiliar with the area to the

I"orm DCM-MP-1
MAY 2 2 2001
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PER.MISSIO.
• A Stormwater Certification, if one is necessary,
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have mooed 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. Upon signing this form, the applicant
fur-ler certifies that such notice has been provided.
Name i?C-?1 fr{ Flow rs
Address -_p t N . 35 gip= , ?,
Phone - 1 a- 7 ato - -1 7D
Name ???yia.l1 r1U(I C /
Address ?-}-
Phone - 5a - n a,? Uar„
?
Name
Address
Phone
A list of previous state or federal permits issued for
work on the proj= tract. Include permit numbers,
permittee, and issuing dates.
5- io- ?4gS
A check for $250 made payable to the Department of
nvironment, Health, and Natural Resources
.DEHNR) to cover the costs of processing the
4)plication.
? signed AEC hazard notice for projects in
-eaturont and inlet areas.
statement of compliance with the N.C.
nvironmental Policy Act (N.C.G.S. 113A - 1 to
3) If the project involves the expenditure of public
nds or use of public lands, attach a statement
)cementing compliance with the North Carolina
Ivironmental Policy Act.
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 condition-,
and restrictions contained t,, the permit.
I certify that to the best of my knowledge, the propose;:
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
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.
This is the o 3 day of ltl-44- ZO.I
Print Name Lo-Al l/ F-,qn
Signature -
or ?luthorited ?g?u
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3
DCM Upland Development
MP-4 Structures Information
DCM MP-5
DCM Bridges and Culverts
MP-6 Marina Development
NOTE: Please sign and dare each artachrnent in the
space provided at the bonom of each form.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to joint Application for CAW Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s) /VIA
(1) - Commercial -Community _ private
(2) Number
(3) Length
(4) Width `-- ---?`•_
(5) Finger Piers Yes ?No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes _?No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed /O
(S) Proximity of structure to adjacent riparian
property lines 1. 300 4 jF=
(9) Width of water body } S'Q 0
(10) Water depth at ware-ward end of pier at
MLWor NWL -12NcvL
Boathouse (including covered lifts) IVIAr
(1) Commercial
(2) Length Private
(3) Width
Groin (e.g. wood, sheetpile, etc.) AIIA
(1) Number
(2) Length(s)
Breakwater (e.g. wood, sheetpile, etc.) IVIA
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys IVIA
(1) _ Commercial
(2) Number -Community _ private
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) -to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc .
.
(1) ? Commercial
(2) Number Community -private
(3) Length
(4) Width
6-F- N-A R,2,t
9. Other (Give complete descrlprion)
80-ME-12 S44 1 TA4 sfq ?np
Applicant r Pm,?ect Name 19
?I G s,vT-
Signat
s
Date
rd 03/95
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