20141229 Ver 1_CAMA Application_20141201

Pat McCrory
Governor
NCDENR 2
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
TO: Ms. Cyndi Karoly
Env. Biological Supervisor
Division of Water Quality Wetlands Unit
FROM: Daniel Govoni
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 24 November 2014
SUBJECT: CAMA Application Review
APPLICANT: Matthew C. Potter
0 1 4 1 2 2 8
John E. Skvarla, III
Secretary
Respond to Daniel Govoni
Morehead City Office
DEC 0 12014
DENR - WATER RESOURCES
401 & BUFFER PERMITTING
PROJECT LOCATION: Project site is located off SR 1732 at 266 Zinkie Lane adjacent North Creek in
the Ransomville community near the Town of Bath in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to modify two existing pier structures by lengthening one,
adding finger piers and mooring piles to both as well as constructing a new pier with slips to create 36
additional slips for a total of 46 slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 15
December 2014. Please contact David Moye at 252- 948 -3852, if you have any questions regarding the
proposed project. When appropriate, in depth comments with supporting data are requested.
REPLY
Signed
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes
are incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Date
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 948 -0478 Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S'NAME: Mr. Mathew C. Potter (Major Modification to Major CAMA Permit No. 1 -99)
2. LOCATION OF PROJECT SITE: Project site is located off SR 1732 at 266 Zinkie Lane ad.acentNorth Creek in
the Ransomville community near the Town of Bath in Beaufort County, North Carolina.
Photo Index - 2006:106 -8507; K -6 2000:106 -1303, N =2'0 1995:106 - 1"1`29; K -20
State Plane Coordinates - X! 2,694,700 Y: 620,150
Ransomville Quad. (lower right corner)
3. INVESTIGATION'TYP-E: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -16 October`2014
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 14 November 2014
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort County
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved-,PTA, EW, ES, CW, PTS
(D) Water Dependent: Yes
(D) Intended Use: Commercial
(E) ' Wastewater Treatment: Existing - Septic System and Portable Marine Pumpout
Planned - N/A
(F) Type of'Sifuctures: Existing - Two piers with 1,0 slips total, boat,ramp and launch pier and riprap
revetment
Planned - Extend existing Dock A 6' x 1,00'and add three fingers and 12 slips,
add 4 finger piers and 6 slips and 20' x 20' covered platformto existing Dock-B,
construct a new Dock C 6' x 150' with 6 finger piers, a 6' x 86' T -head with 18
new slips, and extend an existing boat ramp launch pier 30'.
(G) Estimated Annual Rate of Erosion. Unknown
7. HABITAT DESCRIPTION:
[AREA]
DREDGED _FILLED OTHER
(D) Total Area Disturbed: 4,836 ft2 (0.11 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA; HQW, NSW
Open: No
8. PROJECT SUMMARY: The,applicant proposes to modify to modify two existing pier structures by
lengthening one, adding finger piers and.mooring piles to both as' well as constructing a new pier with slips to
create 36 additional slips for new total of 46 slips. i�
180 ft2
(A) Vegetated Wetlands
(Shaded)
(B) Non - Vegetated Wetlands
4,656 ft2
North Creek Bottom
(Shaded
(C) Other
(D) Total Area Disturbed: 4,836 ft2 (0.11 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA; HQW, NSW
Open: No
8. PROJECT SUMMARY: The,applicant proposes to modify to modify two existing pier structures by
lengthening one, adding finger piers and.mooring piles to both as' well as constructing a new pier with slips to
create 36 additional slips for new total of 46 slips. i�

Mathew C. Potter
Potter Marine
North Creek
Beaufort County
Project Setting
This project proposal is a Major Modification request to existing Major CAMA Dredge
,and Fill permit no 1 -99: This Major Modification request was subject of a,scopirig meeting in
the Washington Regional Office on 9 September 2014. As a result of input provided'by the
Division of Water Resources in this scoping meeting, the applicant has supplemented the
standard Major CAMA written application with a completed Use Attainability Study addressing
the issue of shellfish presence both current and historical. The project site is currently developed
as a ten slip facility known as Potter's Marine, located at 266 Zinkie Lane, the terminus of a state
maintained gravel road off SR 1732 adjacent North Creek near the Town of Bath in Beaufort
County, North Carolina. The surrounding properties are mainly developed residential although
there is a commercial business that caters mairil,y to recreational fisherman and a commercial
fishhouse nearby.' Water depths in this part of North Creek support the docking of large ( +40')
commercial shrimp boats and sailboats on nearby adjacent properties. Most of the existing
infrastructure at the project site was authorized by Major CAMA/Dredge and Fill permit no. 1-99
issued on 6 January 1999. The infrastructure includes Dock A permitted to have 4 slips, a boat
ramp and associated launch pier, 'Dock B with '6 slips; and a bathhouse and associated septic
system. There is also a portable marine pumpout that services the boats with heads. Wastewater
from the portable pumpout is handled by the existing septic system. The ten slips are rented with
a signed contract that specifically excludes "live aboards ". - The marina does not perform or
allow boat maintenance activities such as boat haulout, bottom painting or engine maintenance.
The area of the property established for slips and boat access is developed on a "point"
along the North Creek shoreline. There is an area of cleared highground consisting of compacted
soils and gravel that provide access to and parking for the existing piers, slips and boat ramp.
There is also a grassed area beside the bathhouse that is used for boat and boat trailer storage.
These areas where, soils are less compacted, are vegetated with maintained 'lawn grasses. The
western side of the property is situated in a shallow cove off the main channel of North Creek.
There is an,area of Coastal Wetland marsh on either side of the pier systems, on both sides of the
developed highground, in the cove and at the point, vegetated with smooth cordgrass (Spartina
alterniflora), black needlerush (Juncus roemerianus), bulrush (Scirpus spp.), and salt grass
(Distichlis spicata). The shoreline' between the two pier systems was eroding highground with a
f3.0' tall escarpment that was recently stabilized with granite riprap authorized by
CAMA/Dredge and,Fill General permit no. 62914 -B issued 13 August 20,14.
Water depths in the project,area deepen gradually from the shoreline out to the 3' contour
then drop off at a greater rate out to the ,6' contour, located f 120' offshore the normal water level
(NWL). Water depths and the presence of submerged aquatic vegetation (SAV) were
investigated by DCM staff, Kevin Hart and Steve Trowell on 16 October 2014. This
investigation determined that the water depths shown on the applicant's plan view closely
correspond to those recorded,in the field investigation. SAV was observed inshore of the 3'

Matthew C. Potter
North Creek
Beaufort County
Page Two
contour and were located were the marsh shoreline existed in the cove and on the point. SAV
was not found between the two pier systems were the highground shoreline had been eroding.
The SAV was not positively identified by species but closely resembled and was likely Horned
Pondweed (Zanichellia palustris) and or Widgeon Grass (Ruppia maritime). Bottom sediments
were sandy inshore the 3' contour and mucky in the cove and belowfthe 3' ,contour. There was
no living shellfish observed during this onsite investigation.
North Creek in the vicinity of the project area is designated as Coastal Waters and
Primary Nursery Area by the Marine Fishery Commission and SA; HQW, NSW by the
Environmental Management Commission. This° area of North Creek is closed to shellfishing.
Project Description
The applicant proposes to expand the number of slips available for rent from the existing
authorized1 0 to a new total of 46 by adding slips to, the existing pier /dock structures as well as by
constructing a new pier /dock structure. The existing Dock A is proposed to'be lengthened, 6' x
100' and 8 new tie piles added to ,establish 9- 15' x 30' wet slips. Three new 13' x 13' boatlifts
accessed by 2- 4' x 30' and' 1- 4' x 20' finger piers will also be added to Dock.A. The boatlifts
will be added inshore of the existing slips on Dock A. A fourth, finger pier 4' x 30' will be built
off the existing platform on-Dock A between two proposed wet slips.
The number of wet slips on pier/Dock B will increase from 6 .to 12 by adding 4 - 4' x 30'
finger piers and driving 4 new tie piles inshore of the existing 6 wet slips. These new wet islips
will also be 15' x 30'. Two existing 2' x 30' finger piers will be widened to 4'. A 20' x 20'
covered platform is proposed for Dock B inshore of the proposed slips. The applicant also
proposes to extend the existing 4' x 30' launch pier an additional 4' x 30' for the purpose of
temporary mooring of vessels during launch and retrieval operations during high use times such
as an annual inshore fishing tournaments held at the site.
A new 6' x 150' pier is proposed off the point with 18 new slips ,(8 boat lifts and 10 wet
slips). The . boatlifts will have a dimension of 13' x 13', 6 wet slips will have a dimension of 16'
x 30' and 4 will be 18' x 30' wet slips located at the terminus of the new dock structure. The
proposed lifts and wet slips will be accessed off the main pier structure by 9 - 4' x 30' finger
piers. A total of 16 - 4.5' x 6' triangle shaped platforms is proposed to support dock boxes for 16
of the 18 proposed slips.
Anticipated Impacts
There will be some temporary short-term turbidity during dock and slip construction.
The new dock and finger pier construction will shade 4,656 ft' of North Creek bottom. A °total of

Matthew C. Potter
North Creek
Beaufort County
Page Three
216 ft2 Coastal Wetland, marsh and 120 ft' of SAV will be .shaded with new proposed Dock C.
The increased number of slips will result in increased boat traffic at the project site and their
associated impacts.
Steve Trowell - Washington Regional Office - 24 November 2014

I am proposing a Major Modification of my existing Major CAMA Permit# 1 -99 issued January 6/1999.
I'm requesting, this modification;because there is a great need for deep water'slips and boatlifts in,this
area. I have had a waiting list for some of th&slips, and,some I have had'to turn away because the
existing 10 slips are not wide enough or not deep enough. Trying to keep this facility open with just ten
slips and by myself is getting harder and harder, especially being disabled and,only having one leg. My
hope is to expand so I can hire some help. That would be employment for the community not only for
who works for me but sail makers and repair, mechanics, carpenters, Sea tow, Marine Fisheries, Marine
supply, Local, restaurants hardware stores, hotels,,bed�ancl breakfast, the list goes on.
What I have seen over the years is more and more request for boatlifts. People want to keep their boat
out,of the(watet to save on bottom paint,and electrolysis damage on their�motor. Also even though the
economy is not that,great, there is still is a good market for sailboat wet slips. With the depth of water
we have, this creek is perfect to fill that need. Included on the,application is the lease agreement which
states,that Potter's Marine doesmot allow live- aboard. ( See attachment -G).
I'm proposing a total of, eleven - 13'x13' boatlifts, three on Dock A and eight on Dock —C. Also I'm
proposing twenty five wet slips. For wider boats and boats that draw more,water. 'Size ,as followed. On
Dock A, seven slips 15'x30' one wet slip 15'x16. Dock -B, six wet slips 15'x30' with a 4'x30''finger. Also
because there is no shade here, I'm proposing,a 20'x20' shelter at the -foot of Dock -B. Dock -C, Four wet
slips 16'x30' andisix 18'00'. Five,fingers,are 4'x30' and 'two are,6'x43'. All together,there,are,36 slips
and boatlifts.
On the 9` of September a scoping meeting,was held. As a resultof thatameeting a use attainability,
analysis has been completed and is included in this application package. Also, I have investigated the
presence of SAV, myself and with the presence of DCM field staff, Kevin Hart and Steve Trowell, on 16
Oct 2014
And through Jill Paxson, who has mapped SAV in North Creek (see attachment,E). Both separate
investigation concludedtthatSAV is present-in the area in water depths,out to, but not,beyond the 3'
contour. My investigation on the 16th Oct 2014 found SAV on the point and back in the cove on the west
and east sides of my property. (Attachment F). My project will cross one area of'SAV with a 6' wide
access dock. All,additional slips, platforms and extensions avoid areas of SAV.
Matthew Conway Potter
10/28/14

n A
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9. ;Prie�t�,Y Applacaitt/n�aw�r dePin�agosfi' ;;r . ; -:
Business Name
Project Name (if applicable)
Business Name
Applicant 1: first Name
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EMI
C.
Last Name
o 1'+
Applicant 2 First Name
MI
,Last,Name
#addJtfonal•applicants, please aitachWan addoonel pages) with names listed.
Mail'ingAddress l
(o Z) n. ie. Lone-
PO Box
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Crtv
State
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_
ZIP ��� �
Country
Phone No , r - � j P
Z52 9Y� 1 I ext.
FAx� No.
Street Address (ff different from above)
ZCOfn Zi l lug
City
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Email,
Cdnvn (Df)c)+ rnor'J le- .1 C_bm
2. `- �'gel'►t%Cof9t�ecior ln�o�ra�Qn _
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Business Name
Agent/ Contractor 1: First'Name
MI
Last Name
Age& Contractor 2 First Name
MI,
Last Name
Mailing Address
PO Box
City
State
ZIP
PhonelNo 1
-
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Phone No 2
_ - ext.
,FAX No.
Contractor#
Street Address Of dif(erentfmm above)
City
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,ZIP
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<Form continues on -bsck>

Form0CM MP -1 (Page 2 of 4)
APPLICATION for
j
Major Development Perxn4_
sl
County (can be multiple)
Street Address
State Rd #
r`-V- C-0 •
ZFlo Z�nL4C_
SR 17:32
Subdivision Name
city
State
Z►p
iI
f" Cb
f. Man-made features and uses now on tract I 1 i i y��� / n � p • - _ 0L
f70GU Oat (�t�
(�C..
g. Identify anddescribe the existing land uses adiacent to,the proposed project site
cod"' Prb pt�i�� �j�o a-S
Phone No. rr ,,
pLot;No.(s)' (if man_ attach addidonal'page with, list)
Z 'q L1 --- ext.
I N I ,
a. In which,NC river basin is the project located?
lar 1pgahapN
b Name of body of water nearest tttoproposed project
c) 1 �(_V Cf Ue& ---
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 OManmade ❑unknown
:kmh CD Q' r;r
Is proposed 'work within city limits or, planning Jdeisdiction?
f. 'If applicable,,list the planning jurisdiction or city limit the proposed
[e.
byes qNo
work falls within
sl
a. Total length of shoreline, on the tract (fL)
b. Size of entire tract (sq,ft.)
1T
5C.
c Size of individual lot(s) �lh
d. Approximate elevation of tract above NHW (nomral high wateO or
NW (no►mal water level)
r
(Ifmanylotsizes, please additional,page with,a,list)
❑NHW or, NWL
e. vegetation on tract
vec�reko h4 u�'h (CLt,A.t11 °��S � S ef�. 01 ..
glanes
-(�5
°� `
WA-Al " i C OC�sw kt+ W r� -S(j 10- ��'�'�
iI
f" Cb
f. Man-made features and uses now on tract I 1 i i y��� / n � p • - _ 0L
f70GU Oat (�t�
°y" p,
g. Identify anddescribe the existing land uses adiacent to,the proposed project site
cod"' Prb pt�i�� �j�o a-S
h. How, does local governmenj zone,the tract?
i Is the proposed' project consistent with,the applicable,zor ing?
(� (
� V
(Attach zoning "compliance certificate, if, applicable)
❑Yes � ❑No XNA
j. Is the proposed ,activity part of an urbamwaterfront redevelop mentproposa� []Yes o,
X Has a professional archaeological assessment been done,for the tract? If yes, attach a copy []Yes Aho ❑NA
If yes, by whom?
1. Is the proposed project located in a,Nabonal Registered Historic District or does it,m'volve a f ❑Yes o ❑NA
National Register listed or eligible property?
<Fofm continues on next page>
r:
e

yT Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Pefmit
m (i) Are,there wetlands on,the site? JXYes ONo
(H) Are there coastal wetlands on the site? XYes ❑No
(m)'If yes to either (1) or (i) above, -has,a delineation been conducted? ❑Yes XNo
(Attach dooumentabon, if available)
n. Describe existing wastewater treatment facdidies.
X `i ski n� S C., S�pS1,e
o. Describe existing drinldng'water supply,source.
p. Descdbe�eAstingztor mwatermanagement orireatment' tems
Nixie,
a. Wdbthe project beJor commercial, public, or private use? y1commer6al ❑Public /Government
❑Private /Community
b. Give a,brief description of purpose, use, and daily operations of the project when complete.
4)a�� of Ord � is -j�-prod`;c `'
Dr, t Qjkf('j W i '' Ilb i� 2 `i�cd Po �lcc_�� r I r'xisf b�'�' ra"' aA P� �V(,��, f6r
en �t'hq. t G "k 3� po,bl try r�.►?�u�! -10
dart I t oP '
�c. Describe thi—pr—oWO construction methodology, types of construch n equipment to be used, dun constru ' n, the, dumber of each type
of equipment and where d`is to be stored. ,i �� G�1 i �,� basj- Co� �Db�$
�x -Voz w�-a'h 'hy�lraw� C. LW�
a� tmale� u-k 1--D Vot s`f�or4e .c ch boy-0t, or high
d. List all development activities you propose.
pr �x`t =ink �Y�(�. �-� r o� �°�', �`� 3�rj sit iPS,
b� oidd5 "ar� ►'l - 13`'x Ia'` %a - i f% , ►y -15 r X ad, /51Y I o ` ,
e. Are the proposed activities - maintenance of an existing project, new work,, or both?
f What is the,approximate total disturbed land area resulting from the proposed project? IASq.Ft or _ Acres
f571-35--5f+-1 or ,35- a�a
,g. Will the proposed project encroach on dhy public easement, public accessway or other area []Yes RNo ❑NA
that the public has established use of?
h. Describe location and type of existing and I proposed, discharges to waters of the state
rUA1 0%
i Will wastewater or stormwater be discharged into a wetland? ❑Yes qNo ❑NA
If,yes,'will this discharged,water be of the same salinity as the receiving water? []Yes, ,ANo ❑NA,
j Is there any mitigation proposed? oyes No ❑NA
If yes, attach a mitigation proposal
<Fonn continussvn back>

irorm,ut rim mi -i (rage 4.OT 4) APPLICATION Tor „
Major Development Permits
6. _ Additional 1h on_,, = - • r; _ in addNon to this completed'a_ppl7cedgn forirt,; (N1P -i} the #ollowi�i `Yuri s 6eloib= i� able, in litq sub �'dan crader.;for -ttie, a'Islkadon`
e to be corn ete. Bergs a a`ie Aiwa "a iga ` Pik
p�8g P( f_) - (i ys �pp! 61a�tony.rtrajor;tleysfop(►t epplloabiri.'' ffease cotrsiilftbg:a'pfiAcefion'
`instruction bobklef bn how to'P>nPedY prapere,fhe r+squlred lferris' loxt �`, ' S - ;_
_
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. 1s 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 thatis sufficiently detailed to guldeageney 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. <&t ,I,
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 ofthe 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 l%''t-j V v;Ct n`, lei �' ', �'; :Phone No -
Address al'3?� UCH � _� C2S�'11/ 'iVi
Name, Mr. Noy N Ottx> t 1 Phone No.
-7
Address aq a d1 `xL✓ ALtit Lh I PAk Off. JL9 J ��0� ' l %U �
Name �• - "' Phone'Nov - -
Address
g. A list of previous state or federal permits issued for work on the project tract. include permit numbers, permittee, and issuing dates.
I tnr MAC permit / J99 OM71'1- 7q" CUrd �;J'l Oe It coo, 1o291y— BASS
I3 A A J Lst a.c*4
h. Signed consultant or agent authorizatiomform, 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.1'13A 1 -10), if necessary If the proje fct' involves expenditure
of public funds or use of pubiic,lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act
G cifth shit 1)?p"t S iOn :1+0 EnMK oPi
r
I understand thatiany permit issued, in response to this applicatiorrwill allow only the development described in the application
The project will ibe 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 knowled e.
Date lib V, I(g j,W? -I Print Name h
Signature �� U
Please indicate application attachments pertaining to your proposed project.
ODCM MP -2 Excavation and Fill,lnformation ODCM MP4 Bridges and Culverts
ODCM MP -3 Upland Development
WDCM MP-4 Structures Information
?�

Form, ®CM MP -4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM:MP -1 Be sure,to complete alLother sections,of the,Joint
Application that relate to this proposed project Please include all supplemental information
.t DOCKING FACILITY' lMARINA CHARAC,T,ERISTI,CS
1dTh►s'section not applica ble
a (Q Is the docking facility /marina b
.(i) Will the facility be open,to the,general public?
lYCommercial ❑Public/Govemment ❑Private /Commundy
Yes ❑No
c (i) Dock(s)rand /or pier(s) d`
(i),Are Finger Piers included? xYes []No
(u) Number __a� I
(m) Length t o 1� 1 �
If yes
(u) Number
(iv) Width 214
(Q Length l i& D# 1'-201
(v) Floating ❑Yes [YNo
`(iv) Width
(v) Floating []Yes *0
e (i) Are Platforms included? [ Yes []No f
(i) Are Boathft included? PYes ❑No
If yes-
If yes j
(u) Number AL
(m) Length �) !m' I- (��
(u) Number —T
(m) Length
(iv) Width W � 1 ° '
/
Gv) Width
(v) Floating
Note Roofed areas are�calculated from dnphne dimensions
g (i) Number of slips proposed h
Check all the types of services to be provided
❑ Full service „including travel lit and /or rail, repair or
- (u) Number of slips existing
maintenance, service
ID
❑ Dockage, fuel, and marine supplies
Dockage.("wet slips ") only, number of slips
❑ Dryastorage,number of boats
[Boat ramp(s), number of boat ramps
❑ Other, please describe
i Check the proposed type of siting I Describe the typical boats to be served (e g , open runabout,
❑ Land cut.and access channel charter boats,, sailboats; mwed,types)
❑Open water, dredging for basin and /or channel (j�� C � C
%pen water-, no dredging required t X`-�' PQS `1 �( `t
Other, please describe boast GC"�Ai�
. C.,c9YYa'1�1� f
V ` 1v 30' ovnd '55CA 16UXtS a r -
a15 ` -'�
k Typical boat length �2 r 1 (1) Wil a facility be open to the general public?
[Yes []No
m (i) Will the facility,have,tie pilings?
[ jYes []No
(u) If yes number of tie pilings?
JU
252 - 308-2808 .. I -6888 fCGAtT " Waliccesasta�na�sn_�� nbentamet revised - 1-2i27106
0

Forte MW P-4 (StEtctures, Prigs 2 of 4)
2. DOCKING FACIL/TY1MARINAOPERATIOiNS
a. Check each of the following sanitary facilities that will be included,in the proposed project
❑ Office Toilets
Toilets for patrons, Number J, Location
Showers ,
Boatholdmg tank pumpout, Give type and location- , _Pkk f7
b Describe treatment type and disposal location for all sanitary wastewater
a
El This- section not applicable,
c
d
i
Descnbe th disposal,of solid waste, fish offal and trash
v( S
How wdl`overboard'discharge of sewage from boats be controlled?
e (i) Give the location and number of "No Sewage Discharge" signs proposed
(n) Give the location and number of " Pumpout Available" signs proposed
gam.�, as abaL�
f Describe the spec+alAesign, if applicable, for containing industrial type pollutants,,such as paint; sandblasting waste and petroleum products
N /A- -
T
g Where will residue from vessel maintenance be disposed ,of?
IV I /&
h Givetthe number of channel markers and "No Wake" signs proposed
-
1 Give the location of fuel - handling facUibes, and describe the safety measures planned to protect area water quality -
r�
I What will be the marina oolicv on ovemiaht and live- aboard dockage? 1 'P aml
K. uescnoe aesign measures that {promote boat'basm flushing?
A r I A
I If ...
m IsPe manna/docking facility, proposed within a primary or secondary nursery area?
Wes []No
252 -€ 09 -2SOB :: 1- 986- 4RCOAST :e www. rice -onstain- mitagement.aaet real : 12127 06

,n Is the,manna /docking'facdity proposed within or adjacent toiany shellfish harvesting -area?
❑Yes )gNo
o Is the manna /docking facility proposed withimor adjacent to coastabwetlands /marsh (CW), submerged, aquatic vegetation (SAV),,shell bottom
(SB), or other wetlands (WL)? If an�, yb �es are checkerov�de t number of sq are feet affected
tCW �SAV �v `1'� L] S B S/t,���G�
]WL []None
p is the,proposed manna/docking facility located within or within close proximity to any shellfish leases? []Yes )J No
]f yes, give�the name and address of,the leaseholder(s), and give the proximity to the lease
3. BOA THOUSE (ineludmgcoveredlifts) This section not applicable_
a (Q Is the boathouse structure(s)
❑Commercial ❑Public/Govemment ❑Private / Communty
(u) Number
(m) Length
(iv),Width
Note Roofed areas are calculatedrfrom,dnpline dimensions
41 GROIN (e g , wood; sheetpile, etc. If a, rock groin, use MP -2, Excavation and FAQ
a (i) Number
(u) Length
(m) Width
secfion not,applicable
5. BREAKWATER_. (e.g:, wood, sheetpde; etc) This sechorr not applicable
a Length b Average distance,from NHW, NWL,or \r wetlands
c. Maximum distance beyond NHW, NWL or wetlands
S. MOORING- PILINGS�and'BUOYS ;K This section not appl►dabler
a Is,thestructure(s)
❑Commercial ❑Pubhc(Government ❑Private /Community
c Distance.to beiplaced beyond shoreline
Note, This'shodld be,measured from marsh edge, if present
e Arc of the swing
7. GENERAL
b Number
d Description of buoy (color, inscription, size, anchor, etc)
em&nt. t ' revigiod. 1212V€ S

Fot (stmactijtras. Page 4 of 4)
a Proximity of structure(s) to adjacent riparian property lines
b Proximity of structure(s) fo adjacent docking facilities
h ' c�=Q , C�' ors e� �G� gL10 �� ,L4�fsld—t -75 N(4-e-,
Note. For buoy or'moonng piling, use,arc of swing including length
of vessel
C W1qt1qf water body d Water
depth at waterward end of structure atfNLW or NWL
e (i) Will nave ional,aids be required as a result of the,project?
Oyes No ONA
(u) If yes, explain what type and how they will be implemented
8. 'OT, HER _ - bnrssechoh<Aot applicable
a Give complete description
is /;z
Date ,
Project Name -
Applicarit'Name=
/ /rJ;R*-4ai 6 P'I:zu I-
Applicant Signature
1
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lists� Ir

ATTACHMENT LIST
1. Attachment —A. Use Attainability Analysis for DWR
2. Attachment -B. Email chain between Conway Potter, Craig Hardy, DMF and
Shannon Jenkins Shellfish sanitation, DMF
3. Attachment -C. Email chain between Brian Conrad, DMF and Craig Hardy,
DMF with Benth'ic Habitat map.
4. Attachment -D. Testimony from local commercial oystermen about shellfish
in North Creek
S. Attachment -E. SAV mapping Documentation for moving site from Division
of Water Resources.
6. Attachment -F. Field Plat from SAV investigation conducted on 10/16/14
with DCM Field, staff Kevin Hart and Steve Trowell.
7. Attachment- G. Potter's Marine contract. That states, No Live- aboards.
0

If fio�
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarta, III .
Governor Secretary
DIVISION OF WATER QUALITY
USE ATTAINABILITY ANALYSIS FOR
PROPOSED MARINE PROJECTS IN CLASS SA WATERS ,
(Check All Appropriate Boxes or Fill in Blanks)
Project Name
Section]. Project Description
A New Marina Marina Expansion
B. New Basin (dug out of high ground)
(Include Specifications and Sketch)
Existing Basin Expansion
(Include Specifications,and Sketch)
Natural Waters
Others (Please Describe Below)
C Proposed No of Slips ? 6 —
Existing No. of Slips A0
D. Commercial Marina
Private Marina
Publicly Owned Marina
Other (Please Describe Below)
I� �s��� Any
i��G��"r� %�. o/� e
Section II Existing `Use Determination (for waters,outside of marina basins).
A Closure,Status (check one)
Open Waters 2 `
Closed Waters (by data) Date Closed i�& 7 4 7,6 �M,
Closed Waters (DHS Marina'Policy) /l7/h AC)/ sn9;�S`
Division of Water Resources - Water Quality Regional Operations Section — Washington Regional Office
943,Washington Square Mall, Washington, NC 27889
Phone 252 - 946 -6481 1 Fax 252 - 975 -3716 \'Internet www ncdenr gov
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper

B
C
Will the proposed project result in additional closed acreage? (Please attach
analysis showing calculations for area of closure)
Yes V No Not Clear
Does the area to be effected by any closure have significant shellfish resources?
Yes V_ No Unknown
Bnefly p ovi a escriptio� r urce and any oth c racteristics
and has shellfish harvesting occurred.since November 28, 1975?
Yes No Unknown
harvesting
E Is the entire area to be impacted by the proposed project currently unavailable for shellfishmg
because of the DHS Marina Policy or other irretrievable man induced impact?
4 Yes No
If yes, briefly describe below
r^ _
r! -
Section Ill. Attainable Use Determination (to be completed only if the answer to II A is Closed Waters (by data), and
if the answers-to II D and II E are No
A. What are the major sources of pollution causing the closure?
B What,actions are required to reduce or eliminate these existing sources of pollution?
C. Can the,areas be expected to be open for shellfishing given reasonable efforts to,control the
existing sources of pollution? Explain.
e�_Zj <-

Section IV Project Decisionn/
//
A Recommend Project Denial
There has been a recent shellfish ing use (answer to II E,is Yes) and the area is
not currently irretrievably closed (answer to II F is No)
OR
OR
Shellfishmg is a reasonably attainable use,according to-Section III
Insufficient information (answers to II. D and /or II. E or Unknown)
B Recommend Project Approval
There has not been a recent shellfishing use (answer to II E is No) and shellfishmg is
not reasonably attainable use according to Section III
OR
Th&bntire area is irretrievably lost to shellfishing as a'result of the DHS policy or
other irreversible man - induced impact (answer to II F is Yes).
C Conditions'to betmcluded in permit (check appropriately)
Pump -out facilities Only Boats w /o. Heads
Locked -head Policy, Stormwater Permit
No Transient Docking Compliance with Buffer Rules
No Live - aboards SPCC Plan for Fuel Storage
D What additional information is required to make an informed permit decision?
This evaluation of the attainability of shellfish uses in the waters'in the vicinity of
is approved by-
Surface Water Protection Section (Office)
Director's Office
Date
Date

V MA Idle O.V— II IUVX
> >. ( y
> >'i F Craig. I,m applying for a permit to expand my marina. And
> NCDENR > is requiring me to prove that North Creek was not a viable
> resource > for commercial oyster harvest. From 1975 to date. I'm
> located in the > upper part of North Creek North side of Pamlico
,> River where it is > prohibited to oyster. ,Ma'p 16 - -G -1. I have dived
> here all my life and I > never remember any one commercially
• harvesting oysters in Notrh creek > . Ether because it was closed or
• there just was, not none to harvest.
• > This creek has a lot of fresh water run off and I think its just
• not > consistently salty enough for °oysters to flourish. I was
• wondering if > there, are any trip tickets 'that state that there was
• oysters that came > from North Creek or where canA get that
• information. You cam go to > my website and click on map and
• directions then yahoo maps to find > where I'm located. [would
• greatly appreciate your help
> > Matthew Conway Potter
> > Potter's Marine
> > www�pottersmarine ,.com
> > 252- 945 -0189
httpJ /wekrnad.gotricountybiz/#/rrail/ 1/1

From: "Hardy, Craig" <craig.hardy @ncdenr.gov>
Subject: FW: Tnp ticket
Sent date: 09/19/2014 04:28:16 PM
To: "Conway Potter " <conway @pottersmarine.com>
Cc: "Trowell,.Steve" <steve.trowell @ncdenr.gov>
Mr. Potter,
Here's Shannon's response to the inquiry.
- - - -- Original Message---- -
From Jenkins, Shannon
Sent: Friday, September 19, 2014 3:59 PM
To: Hardy, Craig
Subject: RE: Trip ticket
Craig,
From what °I can find, that area'has been closed since at least 7/16/75, and,probably even earlierthan'that. At
the time, it was due to unsatisfactory bacteriological sampling. I don't think it has been a priority area due to,
'lack of resource.
FYI- We are still planning to (administratively) close all of Area G -1 -soon due to losing our northern lab; etc.
Shannon
- - - - -- Original Message---- -
From: Hardy, Craig
Sent: Friday, September 19, 2014 3:29 PM
To: Jenkins, Shannon
Subject: FW: Trip ticket
Any history on the upper part of-North Creek?
- ---- Original Message---- -
From: Conway Potter [ mailto:conway @pottersmarine.com]
Sent: Friday, September 19, 2014 2:51 PM
To: Hardy, Craig
Subject: RE: Trip ticket
Hi Craig
I spoke to Steve Trowell of NCDENR today and he asked this question. When was,the upper part of North
Creek closed ,to oystering and why was it closed . Map16- G1. Is there any data available on that. Thanks
Conway Potter
Potter's Marine
www.12oftersmarine.com
252 -945 -0189
On Fri„ 12 Sep 2014 15:51:59 +0000, "Hardy, Craig"
<craig.hardy @ncdenr.gov> wrote:
Mr. Potter,
> I will see what information I can pull together - mapping, harvest
• water classification, harvest information and provide to you. All of
• these factors would contribute to the determination of the area being
• a viable resource for commercial harvest.
http. / /webmad.gotricounty.bizt# /mad/ 1/2

From: "Hardy, Craig <craig.hardy, @ncdenr.gov>
"Subject: RE: Trip ticket
Sent date: 09/19/2014 03:54:29 PM
'To: "Conway Potter " <conway @pottersmarine.com>
,Cc: "Trowell, Steve" <stevearowell @ncdeenr.gov>
Attachments: North Creek Area—Beaufort County_Potter's Marine.pdf [ 6 MB
Mr. Potter,
I have referred the question below to, Shannon Jenkins with our Shellfish Sanitation Section. Hopefully he can
provide some insight next week.
This is what I have been able to determine,relative to North Creek:
Shellfish /Habitat Mapping Program (Brian Conrad): The shellfish mapping of North Creek (January 2008) did
not identify any viable shellfish resource in the creek. The majority of the creek is soft bottom without shellfish
or Submerged Aquatic Vegetation (SAV). SAV does exist along the shoreline and small creeks in the upper -
part of the creek. Map of North Creek with bottom strata attached.
'Shellfish Sanitation Shellfish Harvest'Water Classification:'Pro -h bited (usually based on fecal �6oliform counts)
,License and Statistics Section (Alan Bianchi): Trip Ticket Program cannot determine where in the larger water
body shellfish were harvested (Pamlico River landings cannot'be refined to'identify any landings from North
Creek).
I will follow up with Shannon on Monday........ Craig
- - - -- Original Message--
- Conway Potter[ mailto:conway @pottersmarine.com]
Sent: Friday, September 19, 2014 2:51, PM
To: Hardy,, Craig
Subject: RE-: Trip ticket
Hi Craig
I spoke to Steve Trowell of NCDENR today and he asked this question. When was the upper part of North
Creek closed to oystering and why was it closed . Map 16- G1. Is there any data available on that. Thanks
Conway Potter
Potter's Marine
www.pottersmarine.com
252 - 945 -0189 -
On, Fri; 12 Sep 201415:51:59 +0000, "Hardy, °Craig"
<craig.hardy @ncdenr.gov> wrote:
Mr. Potter,
> I will see what information I can pull together- mapping, harvest
> water classification, harvest information and provide to you. All of
> these factors,would contribute to the determination of'the area being
> a viable resource for commercial harvest.
• - - -- Original Message—
• From: Conway Potter [ mailto:conway @pottersmarine.com] Sent:
• Wednesday, September 10, 2014 3:17 PM
• To: Hardy, Craig
• Subject- Trip ticket
httpl /webmail gotricounty.baffilmad/ 1/2

10/27/2014 Webmi 6.0- Inbox
From: "Scheller, Roberto <roberto.scheller @ncdenr.gov>
Subject: FW: Trip ticket
Sent -date: 09/1712014 10:20:52 AM
To: " Conway@ Pottersmanne .com " <[e-mail]>
Attachments: 2 attachments - Download,all attachments [ 8 MB]
North Creek Area Beaufort County Potter's Marine.udf [ 8 MB]' Brian
Conrad.vcf f 2 ICB ]
Prom Conrad, Brian
Sent: Friday, September `12, 2014 4 :38 PM
To: Scheller, Roberto
SubJect: FW: Trip ticket
'Roberto-
Did 1 misunderstand'you yesterday regarding,0yster Creek? We received a similar request for data for North
Creek today and I just wanted to ensure that I had sent you the data that you requested.
If you have any questions or,need additional data please,let me know.
Respectfully-
Brian Conrad
IF,ronc, Conrad, Brian
Sent: Friday, September 12, 20141:05 PM
To: ,Handy, Craig
Subject: RE: Trip ticket
` 1 ,
Craig-
The area of North Creek, Beaufort Cbunty,was mapped and sampled iri.January 2008. At that time there were
no-viable areas,of shellfish habitatfound during mapping /samplingefforts. The majority,of the creek is
comprised of soft bottom without shellfish or grass (D). However SAV habitat (B) does exist along the upper
sh6r lines,and finger °creeks. Please see the attached -map:`
If you need any other data or information on this area please let me -know.
hUp /Mpbmad:gcMcou* b►zl# read/ 1/2

I V /LI Iz-U 14
Respectfully-
Brian Conrad
Mia �l.. onrad
W.Department of Environment and Natural - Resources
Habitat and Enhaneem_entt Sectian
Shellfish Biaiogist� -
NC.ljMF=Maprping'Program Supervisors
Nc"sh ,illfiiih "Lea eand;Franchise Pro ram
- Shellfish,.SAV and Benthic Remote, Sensing.
1(25-21808-8061
brian:conej§,d` @ncdenr;gdV
vvewrew mu- Inoox
http /AAebfmil.dotricoL my bizWmalU tit

9/15/2014
Att afflM nr D
From 1975 to Now, 2014 To the best of my knowledge and memory
the upper part of North Creek Which is dosed at this time has, never
'been a'vsa-ble resource for commercial oystering
Matthew c Porter

stYu%,AAAAaiaai A,
WAT,ERBODY: Neuse River COLLECTION NUMBER: 200640
LOCATION NAME: Neuse River Patch 1 DATE: 7/14/2006
BASIN: Neu
LATITUDE: 35 10581
LONGITUDE: -77 03458
SAV AREA: 215 63
COVERAGE: dense
LOCATION WIDTH(M): 12
LOCATION DEPTH (M): 1
SHORELINE:
SPECIES COMMON NAME
Valllsnena americana Tape Grass, Celery Grass
COMMENTS
WATERBODY: North_Creek-,
LOCATION NAME: W1ocatior,1,-
BASIN: Pam
LATITUDE: 35 43381
LONGITUDE: -76 67286
SAV AREA: 149590 72
COVERAGE: dense
LOCATION WIDTH(M): -15
LOCATION DEPTH (M): 1
SHORELINE: Juncus, Spartma
SPECIES
Zannlchellla palustns
Ruppia marltrma
COMMENTS
'`' COi :�EGTION_NtfMBER:g�,20�16 =8YK
DATE: 5/25/2006
COMMON NAME
Horned P6ndweed
Widgeon Grass, Duckweed
Page 13 of 22

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G
P®,rTF_R`s MARI FE
266 Zinkie Lane
Bath, NC 27808
252- 345 -0189
con_ way@pottersmanne corn
BOAT SLIP LEASE
THIS LEASE, made this,_ -____ day of ---- __ --------------- 20___, by Amy
and Conway Potter, trading and doing business as Potter's Marine, hereinafter
referred to as Operator of 266 Zinkie Lane, Bath, NC 27808, Telephone: 252-
945 -0189, and ------------------------------ - - - -of
--------------=------------------- - - - - -- Telephone:
_ mobile /office: -------------------
_ _______ hereinafter _ef__ed _t_o __a_s _' _B_o_at __Ow__n_e_ r."
WITNESETH:
That the Operator in consideration of the rent to be paid by the Boat
Owner as hereinafter set out, hereby leases to the Boat Owner Boat Slip number
______ upon the ,following terms and conditions.
1. (a) Boat Owner shall pay Operator for the use of this berthing space
and aelicense to use adjacent area as provided herein, ___ ---------- ---------
DOLLARS ($________) ,per month, including, utilities consisting of water, sewer
and electricity. This Lease shall continue in effect from ____________________ to
_ ______________________________, subject to termination upon thirty (30) days'
written notice by either party. Payment of rent shall be in advance and for the
period',of'the Lease. Unless changes are made in rules or prices this contract
shall remain active for as long as the Boat Owner keeps his or her boat at
Potter's ,Marine.
(b) Boat Owner shall pay0perator a security deposit of $150.00 which
shall be held by the Operator pending termination of the lease for any reason
and then returned to-the Boat Owner after first deducting any past due rent or
fees, paying any necessary repairs for damage beyond normal wear and tear
caused by the Boat Owner, his licenses or invitees, and for any other cost arising
out of the termination. Boat Owner agrees Operator `is entitled any interest
income earned on security deposits.
Pi
Although, Potters Marine is not a campground and we do not allow live, aboards,,
we do permit,weekend and short periods of stay.
Operator encourages fishing and swimming to be done away from dock.
3. Operator reserves the, right to alter or amend the terms and
conditions of this Lease and License from time to time by:
(a) Written notice to the Boat Owners; and
(b) Prominent publication by notice on the marina grounds.

him /her of�dangerous conditions requiring his /her attention, but Operator
assumes no responsibility for tending mooring lines or moving boats from the
berth to which they are assigned.
Boat Owner shall immediately notify Operator of the necessity or repairs
to piers or of any dangerous conditions requiring attention. Boat Owner shall
,not alter piers or berthing without permission of Operator.
Boat Owner hereby gives permission to Operator move Boat Owner's boat
for, purposes of� maintenance or Operator's piers, pilings, berthing fingers, or
any other maintenance associated with the operation of Potters Marine.
8. Operator shall furnish electric power, fresh water, and 'sewer to each
slip, as part of the rental to the Boat Owner.
9. Boat Owner will provide for his/her boat a shoreline plug of thirty (30)
AMP capacity; Operator will provide a corresponding, share receptacle.
10. Only light maintenance to the Boat Owner's boat will be allowed
within the confines of Potters Marine. Spray _painting, welding, and burning are
strictly prohibited,
11. All rowboats and dinghies shall be stored on board at night and if
left in the water area left at the Boat Owner's own risk:
12. Operator agrees to furnish parking for one (1) care per boat. Any
car left in the parking ,lot of Potters Marine shall be done so at the owner's own
risk. Boat Owner shall hold Operator harmless for any,damages wany'vehicle
left on Operator's property, including theft or articles or damage from any
source or event beyond the control of Operator.
11. The Boat Owner agrees that he /she will keep his /her slip and
surrounding area clean and will not throw garbage or trash overboard, will place
the same in garbage containers furnished by the Operator on shore. The Boat
Owner shall ,not ,do +any cooking by charcoal or otherwise ,on any pier or boat
while at dock.
14. - This Lease is personal to the boat Owner and he /she shall not
sublease the aforesaid slip to anyone, except that Operator shall 'have the
privilege of using the slip when it is not being used by the Boat Owner.
15. The failure of the Boat Owner to comply with any of the terms Therein
stated in the Lease Agreement shall represent a material breach of said Lease
Agreement and shall subject the Boat Owner to immediate termination of the
'Lease at the option of Operator. No waiver by Operator or its agent of any
breach ,of any single term or covenant contained herein shall be regarded as a
waiver of any future breach of the same or any other term or covenant
heretofore mentioned.
Boat Owner further agrees that the cost of enforcing Operator's rights

under this Lease Agreement, including reasonable attorney's fees, shall'be born
by the Boat Owner.
16. The Boat Owner represents that the boat to be stored by him /her in
said slip is the --------------- - - - - -, length - -- -feet, width - -- -feet, Make
and Registration No. :-----------------------------
16. This Lease constitutes the entire agreement between the parties and
shall not be changed or supplemented in any manner by oral agreement.
IN WITNESS WHEREOF, the Operator and the Boat Owner have executed
this Lease in dupli9cate originals.
Potter's Marine
----------------------------------------BY:-------------
Boat Owner Proprietor

4. It is understood between the parties that the rental .herein provided
shall constitute a lien on the Boat Owner's boat, which lien is hereby granted,
and the same being enforced; as, a lien for repairs of services to personal
property., If the rent is not paid within ten (10) days of the date of the invoice,,
Operator shall have the privilege of moving the boat from its slip and mooring it
at any storage or docking facility in any convenient location, at any public dock,
or at anchorage, and /or charging, a penalty of one -half, (%2) month's rent.
S. \ It is understood that the Operator shall not be, liable to the Boat
Owner for damages to his /her boat incurred by theft of articles there from fire,
hurricane or windstorm damage,-freezing, power failure or other causes beyond
the control of Operator. Operator "Potter's Marine" shall not be held liable for
any injuries or accidents'that may occur to the Boat Owner or their parties they
have with them. All parties enter at their own risk.
6. Boat Owner agrees that in time of unusual predictable water surges
such as a tropical depression or hurricane, Boat Owner will move his /her boat
from the Boat Owner's slip and Potters Marine's premises within ten-(10) hours
after the Pamlico Sound ,is given a Warning Weather' Condition. Boat Owner
further agrees to provide Operator a key or combination to his /her boat lock,
location of motor key and written starting instructions. If the Boat Owner fails
or refuses to move his /her boat within the ten (10) hour period, Operator shall
have the, right, but not the obligation to move said boat and Boat Owner shall
not hold Operator or its employees, ,representatives or agents liable or
responsible for any damages done to the boat during moving or anchorage, as
well as during storm or any related incidence thereafter. The Boat Owner
agrees that a reasonable charge for moving the boat may be made by Operator
and shall constitute a lien on the boat and will be paid within ten, (10) days upon
receipt of a bill for such charges. A reasonable charge shall be determined by
Operator, ,the amount of such charge would normally be between $100.00 and
$200.00.
It is expressly agreed that Operator shall not be liable to the Boat Owner
if for any reason Operator fails`to move the boat. It is further expressly agreed
that Operator may, without liability, if extreme emergency conditions justify, set
the Boat Owner's boat loose from its slip.
7. Boat Owner covenants to exercise due care 'in occupation of the
leased berthing slip and to vacate the same in good condition, wear and tear
occasioned by normal use only, accepted.
Boat Owner shall indemnify Operator against all claims, actions,
proceedings, damages, and liabilities, including Attorney's Fees, arising from or
connected with Boat Owner's possession and use.
Boat Owner further acknowledges that he /she has inspected the berthing
space leased herein, and, satisfied himself /herself that the berthing space is
adequate for safe mooring of his /her vessel. This Lease is not a bailment of
the Boat Owner's boat, but a Lease of berthing space and Operator's liability is
limited to supervision and maintenance of waterfront area. Operator's
employees will make a reasonable effort to contact Boat Owner and notify

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