20091184 Ver 1_DCM Permit_20101019

Permit Class
NEW
STATE OF NORTH CAROLINA
Permit Number
114-10
Department of Environment and Natural R ources
and /Q Coastal Resources Commissions©
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X Major Development in an Area of Enviroun ncern
pursuant to NCGS 113A-118 4901
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Homer Smith LLC, PO Box 68, Salter Path, NC 28575
Authorizing development in Carteret County at adj. to Town Creek, 101 Cedar St. in
Beaufort , as requested in the permittee's application dated 7/12/10, including the
attached drawings (10), all dated 7/7/10
This permit, issued on October 15, 2010 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
areas that are expressly and specifically set forth in the attached permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
2) The permittee shall notify the Division of Environmental Health, Shellfish Sanitation Recreational
Water Quality Section, prior to the initiation of any dredging activities authorized by this permit so
that temporary swimming advisories, if needed, may be implemented.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
March 18, 2015
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Homer Smith LLC
ADDITIONAL CONDITIONS
Permit # 114-10
Page 2 of 6
3) In order to protect juvenile shrimp and finfish populations, no excavation shall take place between April
1" and September 30th` of any year without the prior approval of the Division of Coastal Management, in
consultation with the Division of Marine Fisheries.
4) Excavation shall not exceed -8 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal
6) The spoil areas shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any excavation activity.
7) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
8) The spoil areas effluent shall be contained by pipe, trough, or similar device to a point at or beyond the
normal low water level to prevent gully erosion and unnecessary siltation.
9) The terminal end of the hydraulic pipeline shall be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to allow settlement of suspended sediments.
10) A water control structure shall be installed at the intake end of the hydraulic effluent pipe to assure
compliance with water quality standards.
11) The spoil areas shall be constructed a sufficient distance from the normal high water level or any
wetlands to eliminate the possibility of erosion into surrounding wetlands or waters. No portion of
disposal area shall be located within 30 feet of the normal high water level.
Marina
12) Approval of the structures was based on a determination that there would be no obstruction to
navigation. Under conditions exiting in the Federal maintained channel, a possibility exists that the
structures may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel
traffic cannot be required because it would tend to nullify the navigational benefits on which the Federal
maintained channel was justified. Issuance of this permit should not be construed, as relieving the
permittee of taking proper steps to insure the structures and moored boats will not be damaged by wave
wash normally to be expected in the Federal maintained channel.
v
Homer Smith LLC
ADDITIONAL CONDITIONS
Permit # 114-10
Page 3 of 6
13) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed in an easily accessible location, and a representative of the Division of Coastal
Management shall meet on-site with the permittee to ensure that the required pumpout facility is in place
and operable. The pumpout facility shall be operable and maintained for the life of the marina.
14) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from each of the main piers.
15) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the
permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence
of the permitted structure.
16) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and
uses located in or over the water that are expressly and specifically set forth in the permit application.
No other structure, whether floating or stationary, shall become a permanent part of this marina facility
without permit modification. No non-water dependent uses of structures may be conducted on, in or
over public trust waters without permit modification.
17) The authorized structure shall not extend more than 1/a of the width of the waterbody, as measured from
the waterward edge of the marsh on both sides of the waterbody immediately in front of the project site.
18) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor. The Division has determined
that the attached workplan drawings accurately depict the riparian corridor lines for the property.
19) In order to ensure compliance with Condition No. 17 and No. 18 of this permit, an as-built survey
showing the location and dimensions of the constructed structure shall be performed on the facility,
including the riparian lines and width of the waterbody. Copies of the survey shall be provided to the
Division of Coastal Management within 60 days of completion of the marina facility.
20) Hand rails shall be installed along the entire eastern side of Dock A. Signage shall also be installed on
the pier informing users that dockage is prohibited on the entire eastern side of Dock A. The handrails
and signs shall remain in place for the life of the authorized structure.
21.) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
22) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
Homer Smith LLC Permit # 114-10
Page 4 of 6
ADDITIONAL CONDITIONS
23) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
24) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest.
25) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
26) This permit authorizes a maximum of 85 docking spaces. At no time shall more than 85 vessels be
moored or docked at the facility. The restriction of the number of vessels shall apply to all marine
vessel types, including but not limited to motorboats, sailing vessels and personal watercraft.
27) In accordance with commitments made by the permittee in the Environmental Assessment, the permittee
shall implement a locked head policy and it shall remain in place for the life of the authorized marina
facility.
NOTE: The permittee is advised that the discharge of human waste from vessels utilizing nearby marinas
has contributed to the issuance of numerous swimming advisories in recent years. Therefore, the
permittee is strongly encouraged to implement all available precautions to ensure that such
discharges do not take place.
Easement
28) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
Upland Development
29) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the highground boardwalk
and concrete walkways, clubhouse with shipstore, and 43-space asphalt parking lot, all as expressly and
specifically set forth in the attached permit application and workplan drawings. Any additional land
disturbing activities and/or construction may require a modification of this permit. Contact a Division of
Coastal Management representative at [phone] for this determination.
Homer Smith LLC
ADDITIONAL CONDITIONS
Stormwater Management
Permit # 114-10
Page 5 of 6
30) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way a Redevopment Exclusion Permit No.
SW8091221 issued on 2/15/10. If a modified Stormwater permit is required, it shall be obtained prior to
initiation of any development. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
Sedimentation and Erosion Control
31) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
General
32) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
33) Any mitigative measures or environmental commitments specifically made by the applicant in the
Environmental Assessment for this project should be implemented, regardless of whether or not such
commitments are addressed by individual conditions of this permit.
34) This permit does not authorize any impacts to either the structural components of adjacent docking
facilities (e.g. tie piles) or vessels utilizing these adjacent docking facilities. Likewise, the permittee
shall not hold the State of North Carolina responsible for any such damage to adjacent structures or
vessels.
35) A monitoring plan shall be submitted, prior to construction, for Corps of Engineers approval to identify
any unanticipated impacts to Essential Fish Habitat (EFH) associated with the authorized project that
may occur and trigger the need to implement compensatory mitigation to offset these losses. The
monitoring data should document the extent of the existing marsh and oyster rock areas prior to
construction and annually for three years thereafter. This data should include transect surveys of the
marsh and oyster rock habitats to determine frequency of occurrence, abundance, and density of marsh
vegetation and oyster rock within the project area.
Homer Smith LLC
ADDITIONAL CONDITIONS
Permit # 114-10
Page 6 of 6
36) Within one year of the issuance of the Department of the Army (DA) permit, the Permittee shall cause to
be recorded, a preservation mechanism acceptable to the Corps for the permanent protection of the
marsh habitat area identified for preservation in the Beaufort Harbor Marina and Yacht Club, Existing
Conditions plan dated July 7, 2010.
37) No Coastal Wetlands shall be excavated or filled, even temporarily.
38) The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management prior to project initiation in order to discuss the conditions set forth in this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including any local approvals or approvals
from the North Carolina Department of Transportation.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division of Coastal Managment at [phone] prior to the
commencement of any such activity for this determination. The permittee is further advised that
many non-water dependent activities are not authorized within 30 feet of the normal high water
level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 09 1184 V2), which was issued on 9/7/10.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2009-01135.