20011283 Ver 1_COMPLETE FILE_20010816

or
0? WA T?n Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
\Q (r North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
Q Acting Director
Division of Water Quality
October 5, 2001
CERTIFIED MAIL: 7001 1940 0003 92913210
RETURN RECEIPT REQUESTED
Mercer's 3 Enterprises, LLC
Holden Beach Marina
Mr. Carson W. Mercer
3238 Pompano St., SW
Supply, NC 28462
SUBJECT: Approval of 401 Water Quality and Additional
Conditions
Holden Beach Marina
DWQ Project # 011283
Brunswick County
Dear Mr. Mercer:
You have our approval, in accordance with the attached conditions (WQC # 3274) to conduct the following. activity at
the property located at 3238 Pompano St., SW Supply, NC in Brunswick County. This approval allows you to dredge:
1) An approximate 560 ` X 70' area around the existing boat slips and docks at the marina;
2) To a proposed depth of -6.0' at low tide;
3) To use a backhoe or hydraulic dredge as necessary to avoid marsh/wetland impacts;
4) To place the spoil in a suitable upland basin.
This approval is only valid for the purpose and design that you described in your CAMA application dated August 14,
2001 received by the Division of Water Quality (DWQ). After reviewing your application, we have determined that
General Water Quality Certification Number 3274 covers this activity. This Certification allows you to use your CAMA
Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal,
State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, 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 CAMA application dated August
14, 2001. If you change or modify your project, you must notify the Division (DWQ) in writing and you maybe 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 and the additional
condition listed below.
1). Turbidity controls must be maintained throughout construction, so that turbidity does not exceed
25 NTUs outside the project area (i.e. Turbidity curtains).
HEIR
Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer
Page Two
Mr. Carson W. Mercer
October 5, 2001

2). The effluent water from the dredge spoil should not (if at all practible) released into open shellfish waters. The
release of the effluent of dredge spoil from a closed shellfish area into open shellfish water will cause a
(temporary) closure of that water which in turn is a degradation of waters and a potential violation of DWQ's
rules.
3). The attached Certificate of Completion (COC) must be submitted to the Division upon final construction
of the site.
4). This Certification, dated October 5, 2001, voids any preceding certification issued from this office.
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, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit # 011283 under Section 401 of the Clean Water Act. If you have
any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900.
Sincerely,

Gregory J. Thorpe, Ph.D.
?l Acting Director, Division of Water Quality
Attachments: GC # 3274
Certificate of Completion

cc: Corps of Engineers Wilmington Field Office = Lillette Moore
WiRO- Joanne Steenhuis
401/Wetland Unit, Central Office - Cyndi Karoly
CAMA - Janet Russell
Central Files
E
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL
PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT) AND NEUSE/TAR-PAMLICO BUFFER RULES
This General Certification is issued in conformity with requirement of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality
Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as
described in General Permit 198000291 and for the Neuse and Tar-Pamlico Buffer Rules (15A NCAC 2B
.0233 and .0259). This Certification replaces Water Quality Certification Number 3025 issued on
September 6, 1995 and Water Quality Certification Number 3112 issued on February 11, 1997. This WQC
is rescinded when the Corps of Engineers reauthorizes Regional General Permit 0291 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
r
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits
do not require written authorization from the Division of Water Quality as long as they
comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e),
any request for written concurrence for a 401 Water Quality Certification
must include the appropriate fee. If a project also requires a CAMA Permit, one payment to
both agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements reached
between the Division of Water Quality and the Division of Coastal Management;
Impacts to any stream length in the Neuse and Tar-Pamlico River Basins
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233 and 15A
NCAC 2B .0259. New development activities located in the protected 50-foot wide riparian
areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins
shall be limited to "uses" identified within and constructed in accordance with 15A NCAC
2B .0233 and 15A NCAC 2B .0259. All new development shall be located, designed,
constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices;
5. All sediment and erosion control measures placed in wetlands or waters shall
be removed and the natural grade restored after the Division of Land
Resources has released the project;
6. If an environmental document is required, this Certification is not valid until a
Finding of No Signficant Impact (FONSI) or Record of Decision (ROD) is issued by
the State Clearinghouse. All water quality-related conditions of the FONSI or ROD
shall become conditions of this Certification;
It
That appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more
appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or
Central Offices) shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in
order to assure compliance with the appropriate turbidity water quality standard;
8. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
9. Additional site-specific conditions may be added to projects which have
applied for CAMA major permits which are proposed under this Certification
in order to ensure compliance with all applicable water quality and effluent
standards;
10. When written concurrence is required, the applicant is required to use the enclosed
Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed;
11. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the same
day as the expiration date of the corresponding General Permit 198000291,
• • whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity, if it is determined that the
project is likely to have a significant adverse effect upon water quality or degrade the waters so that
existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina Division
of Water Quality.
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
By
Kerr T. Stevens
Director
WQC# 3274
s
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County.
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
1, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state
that, to the-best of my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature
Date
Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington, NC 28405-2004
Registration No.
e ?
IN A T'F Michael F. Easley, Governor
???O 9, William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`J r Gregory J. Thorpe, Ph.D.
Acting Director
.r Division of Water Quality
September 19, 2001
CERTIFIED MAIL: 7001 1940 0003 92913128
RETURN RECEIPT REQUESTED
Mercer's 3 Enterprises, LLC
Holden Beach Marina
Mr. Carson W. Mercer -
3238 Pompano St., SW
Supply, NC 28462
Dear Mr. Mercer:
ea?P '? . 2001
SUBJECT: Approval of 401 Water Quality and Additional
Conditions
Holden Beach Marina
DWQ Project # 011283
Brunswick County
You have our approval, in accordance with the attached conditions (WQC # 3274) to conduct the following activity at
the property located at 3238 Pompano St., SW Supply, NC in Brunswick County. This approval allows you to dredge:
1) An approximate 560 ` X 70' area around the existing boat slips and docks at the marina;
2) To a proposed depth of -6.0' at low tide;
3) To use a backhoe or hydraulic dredge as necessary to avoid marsh/wetland impacts;
4) To place the spoil in a suitable upland basin.
This approval is only valid for the purpose and design that you described in your CAMA application dated August 14,
2001 received by the Division of Water Quality (DWQ). After reviewing your application, we have determined that
General Water Quality Certification Number 3274 covers this activity. This Certification allows you to use your CAMA
Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal,
State or Local regulations a#oltur project, such as (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, 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 CAMA application dated August
14, 2001. If you change or modify your project, you must notify the Division (DWQ) in writing and you 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 and the additional
condition listed below.
1). Turbidity controls must be maintained throughout construction, so that turbidity does not exceed
25 NTUs outside the project area (i.e. Turbidity curtains).
Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer
AR A.
Page Two
Mr. Carson W. Mercer
September 19, 2001
X.
2). The effluent water from the dredge spoil cannot be released into open shellfish waters. The release of the
effluent of dredge spoil from a closed shellfish area into open shellfish water will cause a closure of that
water which in turn is a degradation of waters and a violation of DWQ's rules and thus voiding this permit.
3). The attached Certificate of Completion (COC) must be submitted to the Division upon final construction
of the site.
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, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and-binding unless you ask for a hearing. . .
This letter completes the review of the DWQ Permit # 011205 under Section 401 of the Clean Water Act. If you have
any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900.
Sincerely,
Gregory J. Thorpe, Ph.D.
Acting Director, Division of Water Quality
Attachments: GC # 3274
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Lillette Moore
WiRO- Joanne Steenhuis
401 /Wetland Unit, Central Office - Todd St. John
CAMA - Janet Russell
Central Files
sw 2 420
y_ . ?ft
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL
PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL.
MANAGEMENT) AND NEUSE/TAR-PAMLICO BUFFER RULES
This General Certification is issued in conformity with requirement of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality
Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as
described in General Permit 198000291 and for the Neuse and Tar-Pamlico Buffer Rules (15A NCAC 2B
.0233 and .0259). This Certification replaces Water Quality Certification Number 3025 issued on
September 6, 1995 and Water Quality Certification Number 3112 issued on February 11, 1997. This WQC
is rescinded when the Corps of Engineers reauthorizes Regional General Permit 0291 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CANL-, major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits
do not require written authorization from the Division of Water Quality as long as they
comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e),
any request for written concurrence for a 401 Water Quality Certification
must include the appropriate fee. If a project also requires a CAMA Permit, one payment to
both agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements reached
between the Division of Water Quality and the Division of Coastal Management;
4. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233 and 15A
NCAC 2B .0259. New development activities located in the protected 50-foot wide riparian
areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins
shall be limited to "uses" ideadfied within and constructed in accordance with 15A NCAC
2B .0233 and 15A NCAC 2B .0259. All new development shall be located, designed,
constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices;
5. All sediment and erosion control measures placed in wetlands or waters shall
be removed and the natural grade restored after the Division of Land
Resources has released the project;
6. If an environmental document is required, this Certification is not valid until a
Finding of No Signficant Impact (FONSI) or Record of Decision (ROD) is issued by
the State Clearinghouse. All water quality-related conditions of the FONSI or ROD
shall become conditions of this Certification;
SEP 2 A 2WI
s , 4
That appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" whichever is more
appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or
Central Offices) shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in
order to assure compliance with the appropriate turbidity water quality standard;
8. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
9. Additional site-specific conditions may be added to projects which have
applied for CAMA major permits which are proposed under this Certification
in order to ensure compliance with all applicable water quality and effluent
standards;
10. When written concurrence is required, the applicant is required to use the enclosed
Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed;
11. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the same
day as the expiration date of the corresponding General Permit 198000291,
whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity, if it is determined that the
project is likely to have a significant adverse effect upon water quality or degrade the waters so that
existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
.Certification decision if deemed in the public's best interest by the Director of the North Carolina Division
of Water Quality.
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
By
? ?,Q -
Kerr T. Stevens
Director
WQC# 3274
., 2

DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Joanne Steenhuis
W4 Supervisor: R Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mercer's 3 Enterprises: Holden Beach Marina County Brunswick
Project Number 01 1283 County2
Recvd From DCM Region Wilmington
Received Date 8/16/01 Recvd By Region,
Project Type maintenance dredging
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type' ` Type Impact' Score Index Prim. Supp. Basin' Req. ` Req.
CAM7 -1ters O ? O N 15-?5 S.A H?>w 0,759. F F_ I -
PT__0 _N
Mitigation Wetland
MitigationType Type' Acres Feet
F
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 0 N
Recommendation: 0 Issue 10 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to the project s proposed, but they will need to use turbidity curtains,
and not allow the effluent from a "closed" shellfish area into "open" shellfish waters.
The 401 cent was written on 9-19-2001,
Joanne Steenhuis 9-19-01,
cc: Regional Office
Central Office Page Number 1
. Comments entered]
Subject: [Fwd: Comments entered]
Date: Mon, 24 Sep 200108:45:52 -0400
From: Joanne Steenhuis <[e-mail]>
To: Todd St John <[e-mail]>
401 also written.
Joanne
Subject: Comments entered
Date: Thu, 20 Sep 2001 15:30:25 -0400
From: Beverly Rivenbark <[e-mail]>
To: Cyndi Karoly <[e-mail]>, Doug Huggett <[e-mail]>,
Rick Shiver <[e-mail]>, Joanne Steenhuis <[e-mail]>
Comments have been entered on File Maker Pro for the project number 01
1283,
Mercer's 3 Enterprises: Holden Beach Marina, Brunswick County...
Thank you and have a great afternoon!
Joanne Steenhuis <[e-mail]>
1 of 1 9/24/018:47 AN
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
August 14, 2001
MEMORANDUM:
TO: Mr. John R. Dorney, NCDENR
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27611-7687
FROM: Doug Huggett
Major Permits Processing Coordinator

SUBJECT: CAMA/DREDGE & FILL Permit Application Review '0112-3113
Applicant: Mercer's 3 Enterprises, LLC
Holden Beach Marina
Project Location: 3238 Pompano Street, SW, Supply, Brunswick County
Proposed Project: Maintenance dredging of an existing marina facility along the
Atlantic Intracoastal Waterway
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 4, 2001. If you have any questions regarding the proposed project, please contact Janet
Russell at 395-3900. When appropriate, in-depth comments with supporting data is 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 DATE
? WA
4?
A I--%? A746,1
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
01128)
1. APPLICANT'S NAME: Mercer's 3 Enterprises, LLC
PROJECT NAME: Holden Beach Marina
2. LOCATION OF PROJECT SITE: 3238 Pompano Street, SW, Supply, NC
Photo Index - 2000: 4-40 Grid P-8,9 1995: 4-40 Grid 0-20, 21
State Plane Coordinates - X: 2 222 200 Y: 61 600
3. INVESTIGATION TYPE: CAMA Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 22, 2001
Was Applicant Present -Yes
5. PROCESSING PROCEDURE: Application Received - cc: July 9, 2001
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP -Highway. Oriented Services (best information)
(B) AEC(s) Involved: Estuarine Shoreline, Public Trust, Estuarine Water
° Water Dependent: Yes
(D) Intended Use: Maintenance Dredging of Existing Marina
(E) Wastewater Treatment: Existing - Septic System
Planned - No Change
(F) Type of Structures: Existing - Marina Building, Drystack, Parking & Docks
Planned - Maintenance Dredging of Existing Marina on AIWW
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 39,200s
f
& Waters Public Trust
° Other Disturbed
High Ground Approx.
25,000 sf
(D) Total Area Disturbed: Approximately 64,200 square feet or 1.5 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUNEVIARY: The applicant plans to perform maintenance dredging of an existing
marina facility along the Atlantic Intracoastal Waterway.
HOLDEN BEACH MARINA
Page 2
9. PROJECT DESCRIPTION
Mr. Carson Mercer (Mercer's 3 Enterprises, LLC) owns and opefates Holden Beach Marina under the
bridge on the mainland side of Holden Beach. The physical address of the property is 3238 Pompano
Street SW, Supply, Brunswick County. The existing marina facility consists of a Marina Office Building,
Travel Lift, Boat Ramp, Docks, Dry Stack Storage and Parking. The marina is on the Atlantic
Intracoastal Waterway. The entire property is approximately 4 acres in size.
Mr. Mercer is applying to perform maintenance dredging in and around the existing boat slips and docks
at the marina. The area to be dredged is outlined on sheet 1 of 5, Pier, Dock, And Dredging Plan. The
size of the area to be dredged is roughly 560' by 70'. The existing water depths in the docking area range
from -.5' to -6.0' at low tide. The applicant proposes to dredge to a depth of -6.0' at low tide. A
dredging permit was issued by the Division of Coastal Management in 1983 and then renewed in 1986.
This writer has no first-hand knowledge of actual work that may or may not have been carried out under
these permits.
The proposed dredging work will be accomplished using a backhoe initially. The backhoe, on land, and
a barge-mounted excavator may be used. If this combination cannot reach all areas to be dredged, then
a hydraulic dredge will be implemented. All dredge spoil material will be transported to the designated
spoil disposal area either by truck or by pipeline, depending upon the method of excavation.
The proposal outlined under this application is to place the dredge spoil material on adjacent property
owned by Mr. Philip Robinson. Mr. Robinson's property is a vegetated, flat, undeveloped tract,
bordered on one side by coastal marsh. Mr. Robinson's letter granting permission for use of the site is
included in the permit package. An earthen dam with riser is proposed as a means to control the dredge
spoil. A proposed cross-section of that dam is on Sheet 5 of 5, Typical Spoil Area Section. Effluent
discharge would be returned to a small tributary connected to the AIWW, as shown on the plans.
The parcel of land where Holden Beach Marina is located has been classified as Highway Oriented
Services under the Brunswick County Land Use Plan. The area is served by private septic "systems and
community water. The shoreline along the property is rip-rapped and bulkheaded. The waters of the
AIWW have been classified as SA by the Division of Water Quality. The waters adjacent to the site are
closed to the taking of shellfish as determined by Shellfish Sanitation and the area is not a Primary
Nursery Area as would be designated by the Division of Marine Fisheries.
10. ANTICIPATED IMPACTS
The development as proposed would result in temporary turbidity in the general area of the dredging
activity. No wetland fill or excavation is being proposed. Temporary sediment control devices will be
needed to prevent sediment from entering the marsh. Approximately 39,200 square feet of shallow
bottom would be disturbed as a result of the dredging. Approximately 25,000 square feet of high ground
would be disturbed from the spoil disposal operation.
Janet M. Russell / August 13, 2001 / Wilmington
CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409 -
Phone/FAX [phone]
July 5, 2001
Project: Holden Beach Marina
Major CAMA Application -
Ms. Janet Russell - `
N.C. Division of Coastal Management
Wilmington Regional Field Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Ms. Russell:
Please reference your letter dated June 14, 2001 requesting additional information in support of
the Major CAMA Application from Mercers #3 Enterprises LLC (d.b.a. Holden Beach Marina) filed on
March 19, 2001. Please reference also our meeting onsite on June 22, 2001. The following information is
provided as requested:
Narrative Description. The Holden Beach Marina was constructed in the mid-1980's at the
western edge of the Atlantic Intercoastal Waterway (AIWW), just north of the State Road 130
bridge. It has continued in operation since that time and the owners now find it necessary to
perform maintenance dredging generally throughout the site. Shoaling has worsened such
that some of the moored boats are aground at low tide. A disposal area has been identified on
adjoining property owned by Phillip Robinson who has given his permission for his property
to be used for that purpose. It is planned that the dredging will begin with the use of a barge-
mounted bucket excavator which will initially place the excavated material onto the barge and
then transfer it to trucks for transport to the disposal area. The trucks will travel on an
existing road to the field where the material will be placed. Because of the existence of the
several boat slips throughout the marina which create a crowded condition for dredging, it is
anticipated that most, if not all, of the dredging will be performed by the bucket excavator. If
shoaling remains offshore that the excavator cannot remove, a small hydraulic dredge may
then be utilized. As you requested, the proposed disposal area has been sized with the
consideration that a hydraulic dredge might be used for all of the work. The capacity of the
disposal area exceeds 3000 cubic yards. The outlet pipe from the disposal area will be
extended southward across the marsh to the mean low water in a tidal creek.
.2. Boundary Information. Three sheets have been added as supplements to the Application:
(1) Sheet 4A is an overall map partly from an aerial photograph, a Brunswick County tax map,
and a survey of the Holden Beach Marina property. The property lines are shown and the
owners are identified. Also shown is the location of the proposed disposal area along with
the inlet and outlet pipes.
(2) Sheet 4B is the same tax map portion of Sheet 4A (Robinson property) without the clutter of
the aerial photo overlay.
(3) Sheet 4C is the same survey portion of Sheet 4A (BB Marina property).
Page 1

3. Size of the Disposal Area. Form DCM-MP-2 has been revised to agree with the drawings
showing the disposal area as 125' wide by 200' long.
4. Cross-section of Diked Disposal Area. Sheet 5 of 5 has been revised to show dimensions and
other details as requested.
Thank you for meeting with Buddy Mercer and me and going over the project with us. I hope this
additional information will allow the processing of this application to go forward. Please contact me if you
have further questions.
Charlie Hollis
Encls: Revised Form DCM-MP-2
Revised Sheet 5 of 5
Sheets 4A, 4B, 4C
Cy: Buddy Mercer
Page 2
Form DCM-M P-1 --\
AP N
PLICATIO'
CTo be completed by all applicants)
1. APPLICANT
a. Landowner:
Name 6 y 171?nc3N-r?7ePQ Asia s L LC
Address --3-Z39 om PIR-r-lo 54- S Ste[

City _ 'SuFPLH State Y? C
Zip 28-462 Day Phone _210 -F,1+Z- 5_g4r_7
Fax L? 16) - 8y"?' - S5S8
b. Authorized Agent:
Name C'"r2U& ??t s
v?.r4'?arLy t?al?v?'97vnlT
Address
City Gkl / LW J AJ my- /\J State U(I
Zip 2 ?_q D9 Day Phone q( V -392 -62-33
Fax d(d-3qZ-69-33
c. Project name (if any) a-p LD ems( 0 21 rJl?
NOTE: Peru %W be issued in name of lmidowner(s), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County ?1Pu N S W t c?
Ir I
MAR 2 1 2001
J
COAS Dr' [A NAGEMaNT
b. City, to?-o wn, commune or landmark
c.Det ze--RC.1-(
c. Street address or,, (secondary road number n
?i45? OF (? e ?d W y 13 O L?1 D Gam' Dhl ?ZL.c) L?
d. Is proposed work within city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) AI: W W
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation-and/or filling activities.
m141 N? ANCE aRMZJ>C.„4& 01=
1;-::u sT-rxr rn Q M 1 A4 r4
b. Is the proposed activity maintenance of an existing
project, new work, or both? MA '1 t4T&:v.4 gntceE-
c. Will the project be for public, private or commercial
use? eommc„4?
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.
ADZFOrzM rnA)?TE*1.14NCg D02A-Dal4r_
D? ?3C?S'4't/J Yh1QQ1N14 (7i Lt Z114C-
EE?f Dt2o u c 77?9G? ar%10 U p"q D
-DISPOSAL -8E4A irlp Dt KE-5
Revised 03/95
V
-t { \ \ '? K I it j 1 2
// 111
r DIVISION OF ? ,
CQASTp,L MANAGEMENT
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract _ Q Pptpo x 14 A CR s
b. Size of individual lot(s) R14
c. Approximate elevation of tract above MHW or
NWL SFIT-
d. Soil type(s) and texture(s) of tract
cSfdN?
e. Vegetation on tract
f. Man-made features now on tract Mnry yr4
5><?zvrc? ?y ? c-Drxt Gs ??EI2s , ?oc.Kg ? ?1nps
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the loaat land use plea,.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? Yes No
(Attach zoning compliance certificate, if applicable)
j.
archaeological assessment been
Yes ' No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X_ No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) - Other
If yes, has a delineation been conducted? Ao
(Attach documentation, if available)
Has a professional
done for the-tract?
If yes, -by whom?..
m. Describe existing wastewater treatment facilities.
ScpTt C_ T q1<
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
7401VE
o. Describe existing drinking water supply source.
?nw,rnvuiT'?1
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of -said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
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 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
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
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• 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 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name S R, s IMSOM
Address w ?&-14 CA vsa-.a
ahaae- LDEM L?4raw C 11 $46Z
Name Sini-E- or--XI, 0 D. o,T
Address P.0-5o& ZSoyp QLa)ad,Ale, 276-1l
Phone
Name imUrt ZYg,1 ?„ ew
Address I 'F,) vtvscq'pie R
1 LDerm r acu , p 1 C Z8'4? Z
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
(Ai'?Rm?? 38-53 ANo
(?OE G'eWItRr+L CAmp Ft2mtT-
• A check for Smade payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
-application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
?viAR 2 2001 DIVISION OF
6. CERTIFICATION 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 conditions
and restrictions contained to the permit.
I certify that to the best of my knowledge, the proposed
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 I q-4 day of Rneg, z,,,.
APrintName cA>gkl 9N 1J, ?IE?CcT
,)(Signature
Landoxner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195
Form DCM-MP-2
EXCAVATIO
AND FILL
(Except bridges and culverts)
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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Protect
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shorcline
stabilization)

s?o, Got
3
G

fii.•rp' ? .h..; n

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 3000
b. Type of material to be excavated _Spm v
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs).or other wetlands? Yes X No
d. Highground excavation in cubic yards 1JoKE
2. DISPOSAL OF EXCAVATED
MATERIAL .
a. Location of disposal area - LCOR GROUA4P
/4PPfe0X 60D` VVFn-h OF ?XG1gU1QT7DN
'9 r CX4
b. Dimensions of disposal area
c. Do you claim title-to disposal area?
Yes X No
If no, :attach a letter granting permission from the
owner.
d. Will a disposal urea be available for future
maintenance? , X Yes No
If yes, where? - ME R t2"
(Z6 12-c%) l
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes A No
f. Does the disposal include any area in the water?
Yes _ X No

gIo
b.
If yes, .
(1) Amount of material to be placed in the
water
(2) .,. Dimensions of fill area
(3) Purpose of fill
Will fill material be placed in coastal wetlands
(marsh), SAVS or other wetlands?
Yes No
If yes,
. (1) Dimensions of fill area
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length '
C. Average distance waterward of MHW or NWL
4
(2) Purpose of fill
d. Maximum distance waterward of'MHW or NWL
e. Shoreline erosion during preceding 12 months
(source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap.
(2) Bulkhead backfill
hI Type of fill material
i. Source of fill material

4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material 'be brought to site?
Yes No
5. GENERAL.
a. How will excavated or fill material be kept on site
and erosion controlled? T?rr«s ?d,2ov.?a
Af2?a
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?:
?1bb?vLr? 1?/2?DaLr
c. Will wetlands be crDssed in transporting equipment
to project site? _ Yes X No
-If ;yes, --explain steps that will be taken to .lessen
=environmental :impacts.
Applicant or Project Name
X
Signatuu?rree/
// *&C-1 14, Zeno/
.Date
oavlsep 1"'/2_,(./Z> / (=44,1, Z b)
Revised 0319s
D
r
D
Z
--I
n
Z
:U
D
(7
O
D
-1
D
r
D
m
D
A
O
0
C
Z
C) rl)
Z n O
O D
D m
m Z o O`
pm oA
om
Zm
r
1
O I
O
A
O
i
-il
Ot
t
It
O;
t.

?m0 co D>
C) 0
?>
NZ C N m m ?r2
D
o°Co?M
r)zm2
= m
?
;qm.Z
r°
N y t7
3 Zo
,
o
?DZw nm
? omzoxp
?t to m y m

?
0 m zm
D
M ;o
-'
n r) -
cn
0 "'
y in , 2
?z : m
Q
` Z
0
O
D
m
r

/
r
r

r /
r

r

r /

t
r
r

r /
t

z
x
a
N
1 :ow
r
DO
Q
m ~

m
z
CD
m
d D
n
~
D
v i
D

Z
D

2
a
h
n
z ?
op
_ o
m=
n a
a
r
?;D
?C
rn :0 >>
C) D En W O :C co O:Z
N-2 C N CO m ;D r- ;
o MCA O 'O O
O? r 3: r.tnZZ
Orv ? mZ
3 > z c., A m
? o rrl I ;
m Ln0:0.
Ri D Z M n'-
4m 'm I
z c?
EUEIVE
MAR 21 200!
QIVISIOWOF
COASTAL' MANAGEMENT
4
n
n
Z
r
a
s
o C
M
O X
0a
m a
mm
O ??
N y
z

b `'
F o
i ?.
I
.? I
I I
I
I
I I
I
I
I I
i I
I
. I
I
I
I
I
I
I
I
I
OR
`Qm
? mm
?A
r O
y N
A ?I
N
vm

D
n
Ih

r
Dm
ZN
ay
o=
0
c?
x
I m
I
fi
I I
i
I
t?>rnwo?m3:2 I I I.
o vu.yzaGm • I E
o °° rte- co = m .N z > I
bznm
p m Z O=?
rn . ;?
I
to v? a r? .
i I
? t/! N .>2
G11.Z_ _N Z ,? yj I
n
IVE
- -a
MAR 2 1 2001 -
DIVISION. OF
COASTAL MANAGEMENT

zc'

1
-,
'POO
tt ? '1 I
r 4l ?t ry
D 0
SCALE IN FEET
SCALE: 1"=100*
..
r
^4.
., ` 7

MAINTENANCE DREDGE,
AT HOLDEN BEACH MARINA .-
BRUNSWICK CO., N,C. , cv
BY MERCER'S 3 ENTERPRISES. LLCF.-
DBA HOLDEN BEACH A ?-
323B POMPANO ST., S' 1
SUPPLY, N.C. `7
DRAWN BY: Wm. H. WARR
ti
DEC 2000 SHEET
I

AVAILABLE
SPOIL AREA
N 3 6.0 38 rr
ROBINSON
i
?- ; _ PROPERTY
F - 232F
snr s O
oYO5?? 2p0, ?,. •.? PROPERTY BOUNDARx,Y `t
t 4 ? ;? - t 125 P. •:?.? G',`' ..?.
a.. 711•. ? • t a , n ? ;?'.: ?'?? / ?(_!i
FIB MA
RINA
a
-
v?\ PROPERTY
,•,

HIGH
778 A µ:?
r * ti
I
J*' 14sv6 cn. ' MAINTEN ANCE DRE DGE
X c<A?N AT HOLDEN B EACH MAR INA,
BRUNSWI CK COUNT Y, N.C.
BY MERCER' S 3 ENTERPRI SES, IN

' C 3238 PO MPANO STRE ET
3 SUP PLY, NC 28462
SHE ET 4A (6/26/01)
t
? Z U
??? AzzWH
a ??w
O U
Z v ti
\ - - ?i M a 7+ W
NIL. '0 '9
`?. M N c4n
COD o
???, .111 •' c:` ` ? ? ? a W Q •?
JAI
964
' .r ?. r /
6'_"' ' V
^?
ti---?„J lei, .'•.?'... ''`• ., ?•.-:;,,_" ._ .• - -?r?;• .,...,x.,, /?
/ r+? ? uw.. ,,: ?•5? ? .+:i jr'r•F' wiLBi.M•-7-:.?. t:w:
-? U
z?H
VUUzzz
Z?xMa>; ?U..
WwcowMW r
aid9 • Z• N ? E-+ A z x M
. a • . =9 . •225 ? ? ????
BRANCH h \e,6f, G? z 9 i ?
' ?E ? OF INOA60$ t
• APPROINA •50.37' E •?
S !0 a?
x'/0.84. ? ,? aN??
s
w o Z m 1?
? Col..
_
0
\to
i ? CN ? 2 ` •b?
1 -9
?. paa
• ' b? ? ? ?.BE,jB:`? x S 9.93 ?-s v _ '? ..
C3 w
`?y N a•ia•29? M ?, Q LA) 3? s u?
p
oQ"'
Sri
N c. Sao
"ate
is
� ' i ,}* i t 'r � � -p� c.�7,'.'' �h y5..+:}• r a'.,9,ar4�` ���..xF�`ya�+'
t
t
'aaNrf�J«
vi
4 pk 'I. '.. YN SY• 1. yryV; + ,u 1.1 r. vV
�. .t� `+'fit •T+y 'S
L y..
' 1►t ���._. �.''�i+. 85 n'R;. 1�. �♦`.'Ait
r 7
r. fe+ �t
-ffl
1
yrtS.a'.p3t�5'%',^ 1
blo
Opp
..p
F/

r?n
O W r