04-0001_Lennon, Bob_20040226

Pamlico '
Local Government Mal 11 2114
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment
and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
Allen Commerical & Industrial General Statutes, "Coastal Area Management."
Issued to authorized agent for Bob Lennon , authorizing development in Estuarine Shoreline
04-0001
Permit Number
at Hodges & Ws I I St- rtl i .n .a I , NS adjacent tn Ha . coon
Creek in Pamlico County as requested in the permittee's application, dated Jan. 12, 2004,
This permit, issued on Feh _ 96. 201714 is subject to compliance with the application and site drawing (where consistent
with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
1) The proposed development and associated construction shall be carried out in
accordance with the permit application and associated workplats dated JtlN. !, oeq
and the supplemental work -plat dated faxed Jan, 3 0, �2
2) Any change or changes in the project plans for development, construction, or local
land use activities will require a re-evaluation and may require a modification of this
permit. The permittee shall contact this office prior to the commencement of any such
activity for such determination. -
3) -All construction must conform to the North Carolina Building Code requirements and
all other Local, State and Federal regulations.
4) The project has approval of the i`:euse River Riparian Buffer Protection Rules through
a Minor Variance and is authorized to impact 853 fe of Zone 2 as stated in the
February 24, 2004 letter from Mr. Alan W. Klimek, P.E., Director - DWQ.
5) Based on information from the North Carolina Division of Water Quality,
Groundwater Section, there is petroleum contamination at the site. The applicant may
commence development at the site but is not relieved of the obligation to ensure that
required environmental mediation is addressed.- The permittee should contact Mr.
David May, L.G. to ensure such compliance.
6) All disturbed areas must be properly graded and provided with ground cover sufficient
This permit action maybe appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
-7 Z—f
From the date of an appeal, any work conducted under this per-
Z64157
mit m�.st cease until the appeal is resolved:
oc fficer (signature)
This permit must be on the project site and accessible to the
Skip Lee, Local Permit Officer
permit officer when the project,is inspected forcompliance.
name
Pamlico Building Inspections
Any maintenance work or project modifications not covered
,County
PO Box 776
under this permit requires.further written, permit approval. -.
- ,
address
All work must cease when this permit expires on December
81, 2007
Bayboro, NC 28515 _
In issuing this permit it is agreed that this project is consistent
with the local Land Use Plan and all applicable ordinances.
l
This permit may not be transferred to another party without
Permittee
the written approval of the Division of Coastal Management.
(signature required if specia conditions above apply to permit)

15A
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
MEMORANDUM
TO: Skip Lee and Amy Spruill, Pamlico County LPOs
FROM: M. Ted Tyndall, Morehead City District Managerj()�
SUBJECT: Some Recommended Conditions for the Oriental Hotel & Marina CAMA Minor
Permit Application, Oriental, Pamlico County
DATE: February 25, 2004
I have reviewed the pertinent regulations found in 07H.0209 as well as the .0208 Use
Standards. Based upon this review, it appears that the proposal is not inconsistent with those
rules. Therefore if you agree with that finding, I would recommend that the following conditions
be attached to the permit.
1) The proposed development and associated construction shall be carried out in
accordance with the permit application and associated workplats dated (the date of the
big plat) and the supplemental workplat dated faxed (date the excavation plat was
submitted).
2) Any change or changes in the project plans for development, construction, or local
land use activities will require a re-evaluation and may require a modification of this
permit. The permittee shall contact this office prior to the commencement of any such
activity for such determination.
3) All construction must conform to the North Carolina Building Code requirements and
all other Local, State and Federal regulations.
4) The project has approval of the Neuse River Riparian Buffer Protection Rules through
a Minor Variance and is authorized to impact 853 fe of Zone 2 as stated in the
February 24, 2004 letter from Mr. Alan W. Klimek, P.E., Director - DWQ.
5) Based on information from the. North Carolina Division of Water Quality,
Groundwater Section, there is petroleum contamination at the site. The applicant may
commence development at the site but is not relieved of the obligation to ensure that
required environmental mediation is addressed. The permittee should contact Mr.
David May, L.G. to ensure such compliance.
6) All disturbed areas must be properly graded and provided with ground cover sufficient
to restrain erosion within 30 days of project completion.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

�F W Ar Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
ram^' Alan W. Klimek, P. E. Director
—I Division of Water Quality
Coleen H. Sullins, Deputy Director
a� Division of Water Quality
February 24, 2004
DWQ # 04-0187
Pamlico County
Page 1 of 2
Mcllhenny, LLC
Attn: Mr. Tom Mcllhenny
1604 Brices Creek Road
PO Box 1555
New Bern, NC 28563-1555
Subject Property: Oriental Hotel_ & Marina, Hodges Street, Oriental, NC
Raccoon Creek (03-04-13, 27-129-8, SC HQW (high quality) NSW (nutrient sensitive)]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)]
Dear Mr. Mcllhenny:
You have our approval, in accordance with the conditions listed below, to impact approximately 853 square feet (fe) of
Zone 2 of the protected buffers to construct the proposed restaurant and deck at the subject property as described within
your variance request dated February 4, 2004 and received by the Division of Water Quality (DWQ) on February 5, 2004.
This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this
approval, you should obtain or otherwise comply with any other required federal, state or local permits.before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and CAMA.regulations. , : •,
This approval is only valid for the purpose and design that you described in your applicatioh'."t If you change your project,
you must notify us and you may be required to send'us a new application. If the propertyJs sold, the.new_owner(s)
must be given a copy of this variance approval and is thereby responsible for complying"With all,conditions. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
1. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive
velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as
identified within 15A NCAC 2B .0233(5).
2. 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 the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
3. Removal of the Existing Buildings from Zone 1 — You must demolish and remove the existing buildings (i.e., pump
house and fuel dispenser stand, totaling 810 ft2) from Zone 1 of the protected buffers. The area shall be converted
to a vegetated buffer, diffuse flow maintained and additional woody shrubs shall be planted as you proposed
within Part 2 of your application. The plantings shall include at least nineteen (19) native woody shrubs within the
retained portions of the protected buffers. You must ensure their survival for a period of at least five (5) years.
You are required to replace any of these trees or shrubs that die within this five (5). year period. You are required
to provide proof in writing that the trees have been planted within one year of the date of this letter. The proof of
plantings shall be submitted to the Wetlands/401 Unit and copied to the Washington Regional Office.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of
the conditions of this approval, you may ask for and 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 which conforms to Chapter 150E of the North Carolina
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.ne.us/ncwetiands/

Mcllhenny, LLC
Page 2 of 2
February 24, 2004
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This
approval and its conditions are final and binding unless you ask for a hearing. This Minor Variance Approval shall expire
five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
[15A NCAC 2B .0233(9)(b)). Please call Mr. Bob Zarzecki at [phone] if you have any questions or require copies
of our rules or procedural materials.
cc:
bz
Sincerely,
Klimek, ,
ct r, DWQ
Frank H. Sheffield, Jr., Esq., Ward & Smith, P. ., O x 867, New Bern, NC 8571 (FAX [phone])
Tom Steffens, DWQ Washington Regional Offi
Ted Tyndall, DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557
File copy
Central Files
DWO040187
February 24, 2004

I OFFICE USE ONLY: Date Received Request # I
State of North Carolina
Department of Environment and Natura Resources
Division of Water Quality CON
FEB - 5 2004
DWQ-H YARD
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
MAR 0 2 2004
Please identify which Riparian Area (Buffer) Protection Rule applies.
o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
o Tar -Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)
o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property): Johnson-Lennon-
Mcllhenny LLC
2. Print Owner/Signing Official (person legally responsible for the property and its gt9g�40�
Name: Mr. Tom Mcllhenny GROUP
Title:
Street address: 1604 Brices Creek Road PO Box 1555 2004
City, State, Zip: New Bern, NC 28563-1555
Telephone: [phone] VVA1ER QU IT, ` SECTION
Fax: ( )
3. Contact person who can answer questions about the proposed project:
Name: Frank H. Sheffield, Jr., Esq.
Telephone: (252 ) 672-5400
Fax: (252 ) 672-5477
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Oriental Hotel and Marina
Version 2: November 2002

5. Project Location:
Street address: Hodges Street
City, State, Zip: Oriental NC 28571
County: Pamlico
Latitude/longitude: 35.03656/76.70000
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site):
Turn left onto Hodges Street from NC Highway 55 East. The Oriental Hotel and Marina is'/a
mile down Hodges Street on the right hand side.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Raccoon Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar -Pamlico)]: 27-129-8
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
X
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On -site Wastewater Permit
NPDES Permit (including stormwater)
Non -discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]: Additional condominiums and a restaurant will be constructed at the
Oriental Hotel and Marina.
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
The planned location for the restaurant is in Zone 2. The previous structures (pump house
and fuel dispenser stand) were located in Zone 1. It is not possible to move the restaurant
further back out of Zone 2 as construction of six condominiums is planned behind the
restaurant.
Variance Request Form, page 2
Version 2: November 2000

3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re -planting vegetation or enhancement of existing vegetation, etc.):
The area of encroachment primarily involves a deck. Water can penetrate through the deck,
creating diffuse flow. Applicant is prepared to plant shrubs and other appropriate vegetation
for filtration of diffuse flow.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. Strict application of the Rule would result in inadequate space for construction of the
restaurant.
The planned construction is an improvement over the previous structures, which were
completely located in Zone 1. Previous structures included a pump house and fuel dispenser
stand comprising 810 sq. ft. in impervious surface.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. As this is a Marina, positioning of the restaurant in closest proximity to the water is
advantageous from a business and an aesthetic perspective.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
The restaurant is an integral part of the revitalization project. It replaces a prior structure,
which was a_popular social and tourist destination.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Variance Request Form, page 3
Version 2: November 2000

Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Frank H. Sheffield. Esg.
Mailing address: Ward and Smith P.A. PO Box 867
City, State, Zip: New Bern NC 28571
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Part 5: Applicant's Certification
I, Tom Mcllhenny (print or type name of person listed in Part I, Item 2),
certify that the information included on this permit application form is correct, that the project will
be constructed in conformance with the approved plans and that the deed restrictions in
accordance with Part 5 of this form will be recorded with all required permit conditions.
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
!CC=

A

allSGS
sck= Iff a r,*altgw wM*
35.038044
-76.71727 Map
Extent
35.00899
The National Map
-76.66844 http://nmviewogc.cr.usgs.gov/
Geographic Coordinate System (NAD83)

kh6
'.9

IMPERVIOUS CALCULATION- TOTAL PROJECT
PHASEI PHASEII TOTAL
CONDOS RESTAURANT
BUILDING & CONC. CAMA 75'
3820
1289
5109
LAMA LAND AREA
12415
5967
18382
% IMPERVIOUS AREA
31
22
28
BUILDING & CONC. DWQ 50'
3283
797
4080
DWQ LAND AREA
8163
3719
11882
% IMPERVIOUS AREA
40
21
34
TOTAL LAND AREA *
37048
9706
46754
TOTAL BUILDING & HARD SCAPE
15343
2291
17634
TOTAL % IMPERVIOUS AREA
41
* ASSUMED PROPERTY LINE AS PROPOSED
24

or �
5 %
! � AtVff)
W
a
Li
x S.
F'A,
�. /
�t. CD
/
W£L !YI4hS
RFCrRCa!
�A
Q
0 N w W .-
W W v+
2
Ai£A
AREA
q W W tJ
N
xIf
'
ISTWO6ttu
Sn lARFFii.(K;:J :'.11XJVF0! \ \ 'P
oP
j
M
W
b /
a•LA?
NEW
S 69
^nN.^. N4KWA1'
s;Cnw w irwAr
�rf / RESTAURANT & BPR 1
N1DSr. t'—•---" -
------ `�' cs �
e i FFE = 9.6
j ` j
w �m
1.12
y�
y
EL. t.
t
x
O f7: 7.].
a
tea.
A'� i
—
7Yi
Y //
W0.
i
o a
�z, i
¢
SIX (6) NEW
CONDO UNITS
(�
N
FFE = 9.5
IUI
F: 15'MBL
/ scwvr Csor?r
Lo
NEW GRAVEL PARKING LOT
O
s (15 SPACES}
RELOCA'i E) FUEL TANKS
(UNDERGROUND) \;
x
W
6t
EW GRAVEL PA KIK 3 LOT ;
x
`� ` M
( SPAC S)
Q
(a
----.
••
CD
Erc
EV5.7
`
-
173.02 (TOTAL;
O
``------
. P.P. W.' TRANSGORMLR j
It
--- Oe
oe�,
oe Og
Og OA 06
O
m
RELOCATE POWER POLE
EDGE OF EXISTING PAVcIA_NT
0
Proposed Site Plan
_
LL
t Scale:1"-20'-0"

' 12-24-04 12:21pm From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-858 P.001/006 F-771
WARD AND SAffTH 7 P.A.
ATrORMS AT LAW
1001 COLLEGE COURT
PO BOX 867
NEW BERN, NC 28563-0867
[phone] TELEPHONE
[phone] FACSIMILE
Date: February 24, 2004
TO: Mr. Ted Tyndall
COMPANY: Division of Coastal Management
VOICE NUMBER: 252-808-2808 ext. 208
FAX NUMBER: 2_52-247-3330
FROM: Mr. Frank K Sheffield,, z
Client File Number: 031235-WI-001
Pages including cover sheet: 6
Time and Date transmitted: 12.%,Z5 M., e� bruary 24. 2004
Operator: Y rift
COMMENTS:
Ted:
Here are letters addressing the environmental issues at the Oriental Marina site. We would appreciate your
advising Skip Lee regarding the CAMA permit, today if at all possible.
Thanks,
Frank
NBMAM7727 L11
WARD AND SMITH, PA OFFICES:
GREENVILLE NEW BnN RALEIGH WILMiNGt'ON
Telephone:[phone] [phone] [phone] [phone]
Facsimile_(252) 215-4077 [phone] [phone] [phone]

'02-24-04 12:21pm From -WARD AND SMITH, PA-3000, NS 252 672 5477 T-858 P.002/006 F-771
FEB-24-2004 10: 50 FROM: M-WETLANDS 9197=6893 * Pg 2/3
70: 825S57i'5477 Pt 2/3
�at WATF,9 Mrattael F. rauley, Gavemor
4 Wiliam Q. now J _ .5=V q
Norm Cat0iift DeparCnent d envimmnant and NssurW Rwau,=
Nan W. iaknek, P. E. Director
Q DMWan d W4ter Qk,gty
colour+ H. Soon$, Depiny Dinector
DMIon of Water quailty
FebFUaly 24, 2004
DWQ 0 04.0187
Pamlico County
Mollhenny, LLC Page 1 of 2
Attru Mr, Tom itAclihenny
1604 6Hves Creek Road
Pa Box IM
New Sam, NC 28563-1555
Subject Propm r, Oriental Motel & Mariaa, Hodges Street, Orienta4 NC
Raccoon Cr6eK (0-04-13, 27129-A SC HOW (high quality) NSW (nutrient sensitive)]
APPROVAL of Neuse River Ripariarl Buffer Protection Rules MINOR VARIANCE p5A NCAC 25.02s9(9)(b)]
Oear Mr. Mellhenny:
You have out approval, in ao„ordanc r with the conditions listed below, to impact approximately 8W square fact( of
Zone 2 of the protected buffers to construct the proposed restaurant and dxk at the subJeet property as described within
your Varian= request dated February 4, 2004 and received by the Division of Water Quality (DWQ} on F ebruary ti.1?004,
This !sitar shalt act as your Minor Variance approval as described vdthfn 15A NCAC 2B D233(9)(0). In addition to this
approval, you should obtain or otherwise comply with any other required federal, state or local permits.before you go
ahead with your project including (but not limited to) Erosion and Sedunerit Control and CAMA regulatiom
This approval Is only valid for the purpose and design that you described •In your appll0atio1V- If you -change your project,
you must notffy us and you maybe required to send 'us anew application. if the ptopenyis.sold, the,nevie.:vwner(s)
must be 9� a copy of this varlanae appre"I and 19 thereby responsible for compWng W1th-slhc mditiors, -For
•this approval to be valid, you must follow any conditions listed below. ,,.. .
Conditions:
I. Diii'usa Flow - An additional 00ndition is that all storm emu, shall be directed as diffuse flow at non -erosive velocltles through the protected stream buffers and will not re -concentrate before discharging into the stream as Identified within 15A NCAC 2L' .0z33(5).
2. Certificate of Compieiion - Upon completion of all work approved within the 401 Water Cuality Certification or
arpplicyble Buffer Auloo, ano any eub*e mht modifications, the applicant is required to ictum thr attached
aertifxate of completion to the 401iWetlands Unit, Nonn Carolina Division of Water Quality,1650 Mail Service
Center, Raleigh, NO, 27699-1650.
3. Removal of the Existing BuiIdfngs from Zone 1—You mast demolish and ramove the existing buiidiriga (i.e., pump
house and fuel dlspenser elan!, tmaling S10 ftz) front Zone 1 of the protgcted buffers. The area shall be converted
to a vegetated buffer, diffuse 11112w maintained and additional woody shrubs shall be planted as you proposed whilin !'errs 2 Of your application. The planttga shall Include at least nineteen (19) native woody slln s within the
retained portions of the protoctad buffers. You must ensure their suivlva) for a period of at least inns (5) years.
You are required to replace any of these #Tees or shrubs that die within this five ($) year period. YW are r6gUirAtl to Rrovide proof in writing that the trees have been planted within one year of the date of this letter. The proof of
plarttings shall be submitted to the WedandW401• Unit and copied to the Washington Regional Office.
FleQUests for appeals of this decision shall be made to the Office of Administrative Hearings. ff you do not accept any of
the conditions of this approval, you may ask for and altfjtic9catory hearing. You must act within 60 days of the date that
you recefve this letter. To ask for a hearing, send a written petition which conforms to Chtrpter 1508 of the Norm Carolla
Nonh Carotin OW410n Ot Water CHARY, 401 WeUrmic CareNcown unit,
taso Mal $ee = CWW. Raleigh. NC 27699-1wo (r ftit±rfp,NMMU)
23zi Gtaikp $iycL, RAk++9h. NO 27t'JQ44260 (irpmbw)
019-733.1788 (Ph=GN &7s'A"33-68M P4. h1t9;1M .Mralar. nC.eshvw* tordw

02-24-04 12:22pm From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-858 P.003/006 F-771
Ktax-IP * Py 3/3
FEBug
-24-2004 10!51 FROM: 919T336893 T�r825P6?2S4T7
Mcllhenny, LLG •-- — . --_
PAOQ2Of2
February 24, 2004
C Z7698-6774. This
N
,
General Statutee to tho Of Ce of Aft'fI stratfVB Hearings, B714 M211 Sefvbq
approval and ft conditiom are finial and binding rnfew you ask for a heaCenter, Fieteighghoe Approval shalt expire
five f5) Years from tho date of this otter. tfig_ This Minor
This totter complete3 the review of tie C1Vlsion Of Wator Ouarrty Under the Nauss Rivet Iglp 8uffar Pratectian Rules
[I BA NCAC 28.0233(9)(b)]. P1�, cag Mr. Bob Zarzeeki at (gi,q) 7�9� li you have Any questions or require copies
Of our rules or procedural ma'teriab.
cc:
ez
Sincerely,
' . Kfimelc,
r, tSWQ
frantc H. ShBffield, Jr., FsQ.,'Nard & Smith, P x 8137, New Bern, NC 8571 (FAX [phone])
Tom Steffan, DWO Washington Fm9ion8l
Ted Tyndall, DCM IVOrehead City District Office, 151-8 HWy- 24, He3tron Pt=11, Morehead City. No 98657
P1le copy
central F71e3
DWW 0187
February 24, p.004

102-24-04 12:22pm From -WARD AND SMITH, PA-3000, NS
252 672 5477 T-858 P.004/006 F-TT1
Michael F. Easley
Governor
Main Q. Ross Jr., Secretary
Depeftment of Environment and Natural Resources
Alan W. bimek, P.E. Director
Division of Water Quality
Mr. Skip Lee
Pamlico County
Department of Inspections
P.O. Box 776
Bayboro, NC 28515
DIVISION OF WATER QUALITY
GROUNDWATER SECTION
February 23, 2004
RE: Oriental Marina Condominium and Restaurant Project
Dear Mr. Lee,
Analytical data for soil samples collected at the above referenced site documents petroleum
contamination at levels above the state's regulatory limits. Based on a report prepared by Titan
Atlantic Group dated February 18, 2004, the contamination appears to be associated with a
release from a former aboveground storage tank system (ASTs) and/or an underground storage
tank system (USTs). Titan Atlantic Group also indicates that the current property owners,
Johnson-Lennon-McIlhenny, LLC, have taken measures, in part, to address confirmed soil
contamination, through the excavation of 300 tons of contaminated soil.
The Groundwater Section's policy is to work with the responsible party who caused or
contributed to identified contamination at a site whenever possible. Based on the information
available to the Division, a Notice of Violation directing assessment and cleanup activities to be
conducted at the Oriental Dina site will be issued to the appropriate party. It is our
understanding that the current owners, Johnson-Lennon-Mcllhenny, LLC, never operated the
ASTs or the UST system.
Groundwater Section's policy is not to prohibit the use or development of property with
identified environmental problems. Several environmental =mediation methods are available
that allow achievement of rcmcdiation goals through the use of non-invasive measures. Such
remedial alternatives may be applicable to the subject property. The Division may grant
approval to implement a Corrective Action Plan that addresses the state's remedial requirements
after determination that such proposed plan satisfies regulations. A substantial amount of
contaminated soil has been removed from the property. As such, achievement of remedial goals
may be realized at an increased rate for the site. `
AA
NWENR
Customer Service
1 800 623.7748
Division of Water Quality / Groundwater Section
M Washington Square Main Washington, NC 27889
Phone: [phone] F= [phone] Internet htp-J/www.gw.ehnr.state.nc.us

02-24-04 12:22pm From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-858 P.005/006 F-771
Mr. Lee
February 23, 2004
Page 2
Please note that this document does not constitute approval of a Corrective Action Plan using
natural attenuation methods or imply that environmental site assessment activities have been
completed. Additionally, s:aould the current property owner commence with site development,
neither the noticed responsible party nor any other potential responsible party [as defined under
15A N'CAC 2L .0101(b)a is relieved of his obligation to ensure that required environmental
remediation is addressed. In any case, it may be necessary for all associated parties to work
together to obtain compliance with regulatory affairs.
Should you have any questions or require additional information regarding this matter, please
contact me at 252-946-6481, extension 357.
Sincerely,
Qu1 Cir �
David May, L.6! r
Hydrogeologist

02-24-04 12:22pm From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-858 P.008/006 F-771
State of North Carolina
Department of Environment and
Natural Resources AaA
Washington Regional Office
Michael F. Easley, Governor � C DEN R
William G. Ross Jr., Secretary
TI01tTff C+wouru. DCPARfMG.1T of
Dexter R. Matthews, Director GnnaONM6fr ANo NOWMA& FW&C cn
DIVISION OF WASTE MANAGEMENT
UNDERGROUND STORAGE TANK SECTION
Fcbruary 23, 2004
To the File in Reference to the Former Gatlin Oil Co.
NC Hwy 55
Bayboro, North Carolinas 28515
RE: "Permanent Closure or Change In -Service" Report
Former Oriental Maxim, North Carolina Pamlico County
Dear Sirs:
On February 22, 1993, file Underground Storage Tank Section of the Washington Regional
Office received the above referenced report_ With regard to the Underground Storage
Tank(s) described in this report, it appears Gatlin Oil Co. has satisfied requirements of
North Carolina Administrative Code (NCAC) 15A Subchapter 2N "Criteria and Standards
Applicable to Underground Storage Tanks", Paragraph .0802 of Section .0800 (Out -of -
Service UST System and Closure).
This letter should not be interpreted as a statement by our office that you arc in compliance
with all Environmental Rules and Regulations covered under the authority of the Division
of Waste Management or other agencies. Also, our office may conduct a site review as
part of the Section's Compliance Monitoring Program. Our office will contact you prior to
any site visit for compliance purposes.
Thank you for your report and should you have any questions, please call UST Section
staff at [phone], ext.337.
Sincerely,
Rij,"'et �
UST Section
cc: UST File
WaRO
943 Wasb ngton Square Mall, Washington, North Carolina 27889
Phonc: 257-946.6481 \ FAX: [phone] \ Internet: www.cnr scat_ naus
AN 1:QUAL OPPOTtTUNUY � AFFIRMATIVE ACnoN EMPLOYER -So% RECYCLED / 10% POST CONSUMER PAPER

Q�ML�co State of North Carolina
o� co
c PAMLICO COUNTY BUILDING INSPECTION DEPARTMENT
Post Office Box 776 [phone] Bayboro, NC 28515 .
FEB .1 3 2604
February 6, 2004
ACI
240 Newton Rd. Suite 113
Raleigh, NC 27615
RE: NOTICE TO EXTEND TIME TO GRANT OR DENY CAMA PERMIT (MINOR)
PERMIT #04-0001.
Dear Sirs:
Pursuant to NCGS I I3A-121(b), the undersigned hereby gives notice to the applicant that for a
good cause, and in order to properly consider all information necessary to making a decision on
this permit application, the time period within which a final decision shall be made has been
extended an additional twenty-five (25) days. This is necessary to receive input from the North
Carolina Division of Water Quality to insure compliance with the Neuse River Basin Riparian
Buffer rules. The application was forwarded to Division of Water Quality on February 4, 2004
for their comment.
Similarly, the Division of Coastal Management needs to receive team guidance from the
Division of Water Quality in regards to the contaminated soil and the resultant mediation.
\i Lee
Loc Permit Officer for Receiving Minor
Develop Permit Applications under CAMA
Dedicated to Making Pamlico County a Safer Community to Live, Work and Play
An Equal Opportunity Affirmative Action Employer

oriental marina
Subject: oriental marina
Date: Wed, 11 Feb 2004 10:38:10 -0500
From: Tom Steffens <[e-mail]>
To: Ted Tyndall <[e-mail]>
Ted,
In response to your inquiry about the CAMA Minor permit for Oriental
Harbor, and the juristictional issues concerning the applicants desire
to develop in the buffer, the following actions have been taken by DWQ
/WaRO:
- The applicant was advised via Frank Sheffield , (attorney for the
applicant) that the removal of 840 sq ft of existing impacts Zone I
(shed, fuel tanks) was not interchangeable footprint for other buffer
impacts.
- The applicant was advised to file for a minor variance for the 500 sq
ft of impacts to Zone II, (deck), with the removal of the existing 840
sq ft of impacts in Zone I as a good will gesture.
- Applicant has since applied for said variance, (5Feb) WaRO has made
positive recommendations for approval on condition that applicant plant
woody veg in Zone I as replacement for existing turf grass, and the
application is now in (10Feb)Raleigh awaiting approval letter issuance.
- I hope that helps in the grand scheme of things....? or comments, call
or write.
toms
1 of 1 2/23/04 9:13 AM

Permit Number 04-0 (
Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other
(For official use only)
GENERAL INFORMATION
JAN 15 2004
LAND OWNER
Name
Address , �Z t
HY� City
AUTHORIZED AGENT
State _ Zip .�� Phone
Vou Name -_J✓
Address J
City � "c State `t/1 C_ Zip_ Pltone" ?ey.$
LOCATION OF PROJECT: (Addr� s, street name and/or directions to site. If not oceanfront, what is the name of
the adjacent waterbod ,? � 4 e�' S
VOLT J 1 }
�FVI DESCRIPTION OF PROJECT: ('st all proposed construction and land disturbance.)
SIZE OF LOT/PARCEL: square feet acres
PROPOSED USE: Resi i ntial (Single-family lulu -family ) Commerical/Industrial V
Other
O TI TOTAL ENCLOSED FLOOR AREA OF A BULLDINIG IN THE OCEAN HAZARD AREA OF ENVI-
RONMENTAL CONCERN (AEC): _1L1A square feet (includes all floors and roof -covered decks)
Ave
'
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN
THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): /76 ,7 ! sq. ft.
(Calculations include the ar_-a of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios,
• etc. that are within the applicable AEC. Attach your calculations with the project drawing)
• Choose the AEC area that applies to your property:
J) �,vitliin 75 feet of Normal High Water for the Estuarine Shoreline AEC
(2) within 575 feet of Normal High %Vater for the Estuarine Shoreline AEC, adjacent to Outstanding
Resource %Varers
Ji
(3) within 30 feet of the Publi.c,.Trust'Shoreline AEC• -
Sic _
(Contact your'Local Permit Officer if you are not sore which AEC applies to your property.)
_ STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a
_ State Stormwater`Ilanagement Permit issued by the N.C. Division of Water Quality?
YES NO_X_
l.)atc
If ycs, list the total built -upon area/impervious surface allowed for your lot or parcel. square feet.
Rr�•i�

OTHER PERMITS MAYBE REQUIRED: 1-he actisity yott are planning may require permitj r th& KPAXIA min.�r
deyeloprnenr permit. As a service we have compiled a list of die kinds of perniits that might be required. W su,,est ti•on check user ti:c list
with your LPO to determine if any of these apply to your proje.t: Zoning, Drinking Maier Well, Septic'lank (or other sanitary Nvas[c
treatment system), Burning, Electrical, Plumbing, Hearing and :fir Condirioning, Insulation and Energy Conservation, FIA Certification,
Sand Dune, Scdirhent Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and orliers.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit,. being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAi&IA minor development permit, certify that the person
listed as landowner on this application has a -�gnificant interest in the real property describes{ therein. This interest can be
described as: (check one) ��h n4 tqL I � h en-wj LLG D
�tn owner or record ritl Tide is vested in see Deed Boole
paged in tlie'PC—.1n I County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate Nvas in County.
if other interest, such as written contract or lease, explain below or use a separate sheet and{ attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furtherniore certify that the follovvir_g persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of there concerning; my intent to develop t}tis property and to apply for a CAi%tA permit.
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the propo cd developmctit is planned for an area which may be stiweptil,l:: to
erosion ands flooding. I acknowledge that the local pert -nit officer has explained to the the particular hazard problems a�soci-
ared with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofin,, r�ch-
niques.
I'EIZAIISSION TO ENTER ON LAND:
I furthermore certify that I am authorized to grant arid. do in fact grant permission to the local permit officer aril his agents to
enter on the aforementioned{ lands in connection with evaluating information related to this permit application.
Tliis application includes; general inf-6rmation'.(this form1, a site drawing as described on the back of this application, the
o,•. ,nersliip sth!cenient, [lie AEC hazard notice where necessary, a check for S 100.00 trade payable to the locality, and any infor
rnation is may be provided orally by the applicant. The details of the application as described by these sources are incorporated
Wy thout reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any
person developing in an AEC without permit is subject to civil, criminal and administrative action.
This r daY of l" , 20
Landowner or person authorized to act as his agent Zr purp e of filing a CA.�1A permit application.

DI"SION OF COASTAL MANAGEMENT
L
NCDENR
NCRTH CAROUNA DEPARTMENT OF
ENVIRONmewr AND NAruRAL RESOURCES
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TO: �d
OFFICE:
TELEPHONE #: Q�S�'] g��' 6 �FAX #: r
FROM:
OFFICE: DIVISION OF COASTAL i fAN-AGENIENT
RE:
4) c ate«�+�-c�u ay, a/ co-.,�/h.,t cc. a) ,2S4/0 a/w,/.l.
Ja,P�a� l . V, /r '
DATE SENT:
TOTAL NUNIBER OF PAGES INCLUDING COVER SHEET: iS

' i-.._,..,.,..-.�-------...�.,.-----•--..._ ----- •- ...-.. +t�,�to- ---- F',P.W. ip4NSFOkMf.N
Z0 39Vd SNOIIO3dSNI 9NIQnIIIS L90LSOLZSZ ZS :Si b00Z/I
t9�St b00Z/9ZI10

to
Q
a.
z
6
H
i5
d
z
H
z
H
g
H
ti
Lo
to
ti
U)
v
r-
N
U)
N
V'
m
m
N
m
m
N
m
........ w-r.w
4. GRAVEL LOT TO RECEIVE NEW WOOD WHEEL STOPS. INSTALL WITH STL. SPIKES 31Y
FROM FACE OF PARKING STALL.
IMPERVIOUS CALCULATION- TOTAL PROJECT
PHASE I
PHASE II
TOTAL,
CONDOS
RESTAURANT
BUILDING & CONC. CAW 75'
3820
1289
5109
CAMA LAND AREA
12415
5967
1 G982
% IMPERVIOUS AREA
31
22
28
BUILDING & CONC. DWO5Y
3283
797
4080
DWQ LAND AREA
8163
3719
11882
%tMPERVKMAREA
40
21
34
TOTAL LAND AREA '
37048
•9706
46754
TOTAL BUILDWG & HARD SCAPE
1S343
2291
17634
TOTAL%IMPERVIOUS AREA
41
24
38
'ASSUMED PROPERTY LINE AS PROPOSED
REFERENCE
D.B. 295, PG. 873
BOUNDARY INFORA4ATION AS SHOWN ON MAP ENTITLED
A SUR VEY FOR ORIENTAL MARINA, INC."BYHARRIS
DATED OCTOBER 21, 1992
20
r
KA
i
0
0
z

02/03/2004 09:42 2527457067 BUILDING INSPECTIONS PAGE 02
01/30/2004 16:02 9199440046 Acil PAGE 02/03
ALLgN
OWN COtvDt81t(T�AL
& RMUSTRUL, LTD.
240 NCwtoa Road, Suite I13 • Raleigh, NC 276,15 • 919,844,0045 • 919,9".0045 Fax • ad2@bcllsquSll,gt<t
Offwc Loationa, Raleigh • Bdatton • Oriental
Jan vary 30, 2004
'skip Lee
Pamlico County Building Inepcctims
PO Box 776
Aayboro, NC 29515-0776
Re: 4rietual. Phan 1I
Dear Mr. Lee,
As PcT Tay conversation with Ted Tench.] with CAM,A, enclosed is a site map of area of
comaminated soil removed. Please add this to the CAMA permit Ate as addendum tat.
Please call my office with any further quesWais.
Thank,.,
r
•Flank C: Allen,
fcwlrmi
cc: Town Mcilhenny
Troy Smhh
k'rw* Sheffield
Dave Davenport
Charles 1401on
Lori Clark

01/30/2084 16:02 9190440046 ACI, PAGE 05/03
V HV1705�
Ueld:01!S PWdaa-
IvId I 1+►•de!
., ���'
oll
TWA
im oomdo
IjN (W)Ut
rotly-A I ovkr'vAv-*l
IN,
J4.
it
-.P 00
EO 39Vd SNOI103dSNI 9Niamns L90LGOLZGZ zp:60 VOOZ/EO/ZO

WAD AND SMITH, P.A.
ATTORNEYS AT LAW
January 10, 2004
J. TROY SMITH, JR.
[phone]
Fax [phone]
[e-mail]
COPY
VIA HAND DELIVERY
Mr. Chris Fulcher
South Avenue
Oriental, NC QAN 13 2004
RE: Notice re CAMA Minor Permit Application
Johnson -Lennon, LLC
Construction of Restaurant
Our File 031235.0001
Dear Chris:
Enclosed is a copy of an application for a Coastal Area Management Act ("CAMA") Minor
Development Permit Application, including a site plan. The application is for authorization to
construct a new restaurant and deck within the 75' CAMA Area of Environmental Concern
("AEC") on the. Oriental Harbor waterfront in the same general location as the prior -Oriental
Marina Restaurant & Bar. The applicant is Allen Commercial & Industrial, Ltd. on behalf of the
property owner, Johnson -Lennon, LLC
The purpose of this letter is to notify you as an adjoining property owner of your opportunity to
comment on this application. Pursuant to N.C. Gen. Stat. § 113A-119(b), any comments you
may have must be submitted within fifteen (15) days of receipt of this letter (i.e., January 26,
2004) or within fifteen (15) of publication of a notice of this permit that will appear shortly in a
newspaper of general circulation in Pamlico County, whichever is later, to: Mr. Skip Lee,
Pamlico County Building Inspection Department, P.O. Box 776, Bayboro, NC 28515.
Chris, if you should have any questions about this project, I would appreciate your contacting me
so that we might have a chance to discuss any questions or concerns you may have.
1001 COLLEGE COURT PO BOX 867 NEW BERN, NC 28563-0867
GREENVILLE NEW BERN RALEIGH WILMINGTON
[phone] [phone] [phone] [phone]

WARD AND SMITH, P.A.
Mr. Chris Fulcher
January 10, 2004
Page 2
Yours very truly,
J. Troy Smith, Jr.
JTS-FHS:w
NBMAIN\571009\1
Enclosures
cc: Mr. Skip Lee
Mr. Ted Tyndall
'JAN 13 2004

Ir
JAW09-2004 FRI 09:42 AN NO DIV OF COASTAL MGPINT FAX NO, 4 P. 03
Loatlily _� _ _ PtrntitNurabtr _„�
PIe Ocean l:Ianrd ,,,,-,� Eimirine Shordirle _,ORW ShorclittC _Public Trusc Shoreline Other
t'etj
rct
(For official use only)
I,} GENERAL INFOIWATION rJAN 13 2004
LAND O V/NER
pf City_ Starr _..l��r_("_'[ip.24S b�
Pliuttr
All')') IORIZED AGIshlT%
AjLj1'Lj.0
irate Phonc-
LOC.A I'10N OF 11ROJEn. I (Ad rs, strwi adore anti/or direcdom to site. lfnot acranfrnnt, what is The notne of
lf, �ite:tdjacvnt►latcrbnJyf}—��-��__.��?�.� `�4����' �T'
DI DESCRIPTION OF PRO)FFji�711(L.isi all prupmud consiniction and lanes &-iturball .)
Y
Sim,, OF I.cyrlp��ltc;i,i: �7. �i'� ,tan fitWier-
!'It()POS}?U iISI?: l.r�it1+•ntial (Singlr•farttily Multi-F,mily_•____) Cwt,mcrlcal/Industrial�„�%`f1:�`
N( TUTAL l.N011.0SED F1,00RAI VA OF A, I3 Ti.UING IN rIIE OCEAN HAZARD AREA OF ENVI-
itOl►1MlsN'PAL CONCERN (AL'G):., _/� -,_square feet (includes all floors and roof-covercd decks)
SIM?. 011 BUILDING FOCYI'PRINT AND OTHFK IMPERVIOUS tilt 13UrIa-XI1) 01; 11 C IN
'I'Ilb; C.OAS"rAI,.SIi())tELINE ARCA OF F;NVIRONMENTAL CONC.EII,N (AEC) . -' q.
i(alcuiatinns inottele flits nrra ortltc romf'/drip line of all buildin&5, driv�•�,rnyt, covered decks, con • •rc or ntn. ry p;tripy,
etc, tltnt :irc within the applickl+; AEC, Att,ich )'+ur calrtt121i0ns With die project dr2wing.)
)se the ABC amn that applies to your property:
(I viihin 75 ruvi; of Norm.il High Watcr for die BArturinr Shoreline: AEC
Z) widdri 5%5, 6XI +>f Nnruml I llgh Witcr for the Earturirte Shvrviinu AEC:, adjacent to Ottrs1:11ding
lZvwurce Waters
(3) Within 30 rect artlt. Public Trust Shurdinc AEC
(t :)ntacr yotir I uwitl l't their (ailict:r ifyou art: not aura which AVC applies m your poop rty.)
S'l'A IT',, SI'ORMWATER MANAr` WENT PEIRM1T; is 9119 PtvjCct locarcd lA an area subject to a
.Swiv 5turnimater hfamim-tttt'tit Permit issued by the N.C. Dlvuion ofWster Quality?
YES_...... Na,-x.,
r
11 Yel, ME the total Guilt-tipnn area/itnprrvious surficr allowed Rir your lot or parcel. square feet.
S0/Z0 35Cd `Iob 900OP086i6 80:91 D00Z/60/10
5/Z sd * d1-xe;a

e
JAH=09-2004 FRI 00:42 AM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 04
011 IBR PFRM ITS MAY I3 . REQUIRED:'i'hcactiviry You are planning may require perinitsotitcr Than the Cgh[A minor
dcwh►prnrnr permits. As a sea -vice we haw compiLd a liar of d1u kinds of pet mils th=t night l+e required. \I(e sum cat you nc�ck met the list
with your 1310 ua dclumi►tr ifanyuFthcsc apply to your pmIca: Lnning. Drinking Water Will. SclideTanic (orothrr sanicary wim
trmain►mr symm). iluildinp F,fcrtricA, I lumbinu. H►utin . mid Air Condidoning. Imulat ion and Fncrgy Conservadon, FIA Ccrtificadon►
.and (tine, Sctifnlc:nt Control, subdivision Appr►m►l, Mobilc I Ionic ParkApproval. I i!A%Yay, Conncctian, and orlutrs.
S1W t�MEN'lr 017 OWNEIL.'S1 Urn:
'JAN Y 3 2004
1, the 1nldet51viud, an applicant for a CAMA minor cievelopnicilt permir, being eiducr rile owner of property in an AEC or a
person authurired re) act as in agent for purposes of applying far a CAMA minor dcvclnpmcnt permi(. cerdry ibar the person
lisu:d as landowner tin thk application hax a signif canr interest in fir real property dueribcd thermll " ilia inrensr Call be
dr,&cribs- d its: (iltcck nnc) jQ�IrS, �r0.2a VAW _ Ne-.,'L IIO wi/ Lt C'
_ e„ n s,ivncr of rmord tit[r.')iric is vented itlPnN.-z W—Z-eVN,2AJ ~ L 1,- G , see Decd Rook /
1+:►',t:s-2 inthe 'ItoIs9%i'� ,rCo>±nry)'.ei;isrrycifi)ccds. -
out u),mor by virtue of inherirince. Applicant is an hair to thu timie of
prolm(a was in , —County.
if lathier Interest..ueh as written c-uutracr Of (vase, Icpinin Wow or tue a seiraralc slim—r and attach to this applicat ion.
1 UPIFICN1110N 01-- ADJAC FNrI' PROPERTY OWNERS.,
i furthcritmr►: ecrtify that the rolluwing porsuns are Owners of properties adjoining this property. I allinn that I have giwn
ACRIAI. NOTICE rca t;u:lu of tlu nm toriu ring my inrrnt to develop 11113 property and to apply For a LAMA pmilit.
([Mono) CJcurva-e-s (Addrtss) MSc's -i O
SS"-63
(3)
POR DEW11,0PERS IN 0 C.F.AN I IAZAIII) ANU IuSTUARINE I iAZARI)AE.EAS:
I ackrnnvlcdge that due land osmer Ls aware char the prujimo i t6 dopmcnt is p!nnrivd for an attm which may be sumccpaile ro
rrosi►ln alidlor llr,udin& l ackfunvlcdge tluit dic local permit officer has CXPlainced to 111t the particular hazard prubIrms amoci-
aNd with t111-1)nr.1111s explanatina mis amsinpanild•by rt:emmilcndicinns etaocerM!ng stabil'uatitln and Floodproo&nI; tetaf-
niyum.
i fut thermure eerriiy that ) am nuthuti= d ro grant and du in tact grant permission M the local permit officer and his agents to
cnrrt On the aftutcnicnilonrcl lands in ruunc'criou whit im. duatinf, inrurmation relats-rd m this permit application,
'rhis alupdic-ttion includes: guncral information. ltllis rurm), a sire drawing as docrilwd can the back of tills applir-ition. the
ownership smicinum, the A1-11: laamml notice witcm. tlmmgry a eiarck fat $100.00 m,udc p;tyablc to die locality, and any Infer•
nuition iur may 1:c pruvidt.d orally by the appdicam.17hu details orthe application as described by tlimc sources me incorpofatcd
withom ruftmenre In nnypermlt tvlai,:h naay be )sued, t )uviation from thew derail$ will eunstltnre a violation of any perrnir, Any
pt:isc►u dswcicallitig In an AE.C: without pci-mir is subject m civil, criminal and ridniinistrativr aet)on.
��uis ile / day c f J � , 20 UI
I.antiowater or person authut i}xi"to :lrr as his alwn or pur}uuat of Mina G1AlA permit application.
90/90 3DVc1 I0t1 9b00tib8616 80:91 ti00Z/60/10
9/5 6d x dI-xe}a

M-08-2004 FRI 09:43 AN NO DIV OF COASTAL 11G11Nf FAX NO. 4 P. 05
SI'X"� DR WINGIAPPLICATION CHECKLIST
Please make care your site dm. wing includcs the following inforimation miuimd for o CAMA minor dcvcloltmem
perinit.'Che drawing may be simple and 110L itc-cmq rily to scale. The Local Permit Officer will help you, if
rc4liusted.
PHYSICAL 0 MYNSIONS QAN 13 2004
4✓� Laltcl roads
_ V Label l6gliways ri lit-uf--ways .ire/ �,10.i [ scl local sc ibae lines
Labrl slog and all st•actures and dtivcways currently uxi,titig on property '
I'll IYSIC:AL C) (ARAC, MR1STICS
Oraw and Ltbcl incan high water mark G 441s
Main location ctf on -site Nvastamitur systein
Ifymt will be king in thv ocoan hazard ani:
[)rate anti lahcl (1llnv ridscs (tlsirc height)
I raw and label roe of dune
/ WC11 fy and locare first line of stall a vv%:ritiun
r)r.iw and label setliti k line nndcr CAMA
I.4aw and label ropo-rapltical features (epilonal)
lfyott will be working in in estuirhle sliorcli n,; an;a: o��
I )raw ;end lapel landward limit of AEC: -75- z4W
aj
ikscribe terrain (slope)
I)I:VA1.011MUNT PLANS
Draw and label .imii than will by disrurbcd
IF;, house is to be phced on lot, describe location orhousc
�i Note size of Jilin anti de Lh to tic: lacvcl in round
Draw anti I.t�tcl all arc,u to be pavctii or gravelid
camp}osition of surFace
nttt and list Cttliy ill trees and vvgvrttion to be removed or reloc-aterl
_ Sh<ttv lancl�t.ipina
110IM' TO APPLICANT
I lave you;
• Crtin ilctrtl all bltnla and / orindimEml ifttot applicably?
• noti cd and listed adjacent propuny o ncrs?
included your site drawing;.
• cign A bath a tlil:ation and st ttcnicm orownvrship?
U11clo.wd the' 7100.00 (eL!?
• c:11111 ilcted at1 Al;(', l IRZArd Notice, if ncccu-try?
FOR STAFF J)SR
Sire Notice Posted Final InsLiection_ Fee Reculvcd ._
Situ' 1nspt-cainus
Darr orAcdon! Issued 11yempumd Vvnicd Appeal Dvudlinc (20 days)
ltcw�,Rl 112t1A i
'/ll�dl—'yltd,�
50/E0 39Vd `Iod 90000086% 8b:9T b00Z/60/10
5/£ 6d s dI-X6;a

. 1 � 1 .Nr•.1 l�
1p
°COOL '
i • 4'R RY+S + �k'i �+C • O � `�� r
•c[ ttar.r<+xQbrlu Y: H' s>: � 1 c??A
--� c:urt•e as c
� r[r
ar � ���\ '• • \�\: •;� +can — � I
N FM r45• �..+.., ..s.T
N r rotor 1 r I I i
per, + �,1\�4. N1� �• •�' l: '''ll �. .'.rr �il:�!', r� 'S S` o
61TA
Q:NWtAT3
111u8. r }°F•95
If"N..'" 1la
f �E11(1id4f4�AN+4MO:Qr _
PH l
V�Ca�tJr'dEl'�KS •«--•o,� �-.'1. t �' �_ ..__ ,,.__ '� � !� CF�Qrnll
ism i m,"P
j IfEPtwmf
+• AEO i1 hL
5 tN vFLPi S .Of S _ ' r
SP+tC r1a01ArER
Rs�G1tEPC�MM�iWXE !�(�CFEtIS:nIC»rEt+Evf 1/ �.....r
Proposed Site Plan
Cl scale: t'•2V.T
_._._._.._._._...._ ._.•__ ...---........... _._._.._ . SOUTMAVENUE
t

QAN 13 2004
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing
NOTIFICATION TO ADJOINING PROPERTY OWNER REGARDING CAMA MINOR
DEVELOPMENT PERMIT by hand delivering a copy thereof to the following person at the
following address which is the last address known to me:
Mr. Chris Fulcher
South Avenue
Oriental, NC 28571
This the loth day of January, 2004.
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, NC 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Johnson -Lennon, LLC
031235-0001
NBMAIN\571112\1

WARD AND SMITH, P.A.
ATTORNEYS AT LAW
QAN 13 2004
J. TROY SMITH, JR.
[phone]
Fax [phone]
[e-mail]
January 12, 2004
COPY
VIA HAND DELIVERY
Ms. Catherine M. Cooke
President, Oriental Marina Owners Association
2410 Turtle Bay Drive
New Bern, NC 28562
RE: Notice re CAMA Minor Permit Application
Johnson -Lennon, LLC
Construction of Restaurant
Our File 031235.0001
Dear Cathy:
Enclosed is a copy of an application for a Coastal Area Management Act ("CAMA") Minor
Development Permit Application, including a site plan. The application is for authorization to
construct a new restaurant and deck within the 75' CAMA Area of Environmental Concern
("AEC") on the Oriental Harbor waterfront in the same general location as the prior Oriental
Marina Restaurant & Bar. The applicant is Allen Commercial & Industrial, Ltd. on behalf of the
property owner, Johnson -Lennon, LLC
The purpose of this letter is to notify you as an adjoining property owner of your opportunity to
comment on this application. Pursuant to N.C. Gen. Stat. § 113A-119(b), any comments you
may have must be submitted within fifteen (15) days of receipt of this letter (i.e., January 26,
2004) or within fifteen (15) of publication of a notice of this permit that will appear shortly in a
newspaper of general circulation in Pamlico County, whichever is later, to: Mr. Skip Lee,
Pamlico County Building Inspection Department, P.O. Box 776, Bayboro, NC 28515.
Cathy, if you should have any questions about this project, I would appreciate your contacting
me so that we might have a chance to discuss any questions or concerns you may have.
1001 COLLEGE COURT PO BOX 867 NEW BERN, NC 28563-0867
GREENVILLE NEW BERN RALEIGH WILMINGTON
[phone] [phone] [phone] [phone]

WARD AND SMITH, P.A.
Ms. Catherine M. Cooke
January 12, 2004
Page 2
Yours very truly,
J. Troy Smith, Jr.
JTS-FHS:rlc
NBMAIN\571106\1
Enclosures
cc: Mr. Skip Lee (w/enc.)
Mr. Ted Tyndall (w/enc.)
QAN 13 2004

f JAN-09-2004 FRI 09c42 AN NO DIV OF COASTAL MG1W FAX NO. 4 P. 03
Locality _.--.�— _ FermirNumber
1'Ie Ocean ILizard EstuarineSltarrljrte.^..�{3RVVShorcline -----.Public TrusrShort6e Other
ttit) (Car official use only)
GI?NERAY, INFORMATION
LAND OWNER 'JAN 13 2004
Njnme_ ,�•urt,)
Addres..
P1
Thum
AU 1'110RI7ED AGEsN' f
rr, NtitTcG�[ r.
gzq
City ,-�L — . _ crate ��„G 7..ip '-, b / 3� Phone./�1 �7�''y--�fJ�%.
LOC.A CiUN OF PROJI~MM (Ad�m`is, sim%; t music andlor directions to site. If not oce:111rrnnt, what is The mine of
1 f, the:tcl).tctnr ►t;ttvrbntlyl}--�,_1�: �f �L�Qr �—
DI DESCRIPTION OF 'RO)F(;li (List till pruptued gongnICLinn and had cii.,rurhanee•) ..__
�061V
Sm Ol
PROPOSED LIST?: Resith•ndal (Singh~family Multi -Family ) Cpr,tmt rlcal/Ineltrsrritel� Alie-11
C.)thet•-..• . —
N( 'l'CYIAL I'.N(.I.OSED F(.00RAItFA O .li ILDING IN THE OUAN HARD AREA Or ENVI»
ItONMl:NTAL CONCERN (A1.;Q: / - _ square feet (includes all floors and rUof-ctTvert.-d dec:6)
SIZE- C?Ir BUILDING FOCY111RINT AND OTHUR IMPERVIOUS Olt JIMLT-X)I' o'li�t+ C IN
Tl lh COASUI.,Sy[Olt MINE AREA OF ENVIRONMT-ITAI. CONCERN (AEC.) , - q, ft.
Walculatinas itt'.111 le thu nna orthe rch:f%drip line of all buildings, tlrivu•.vayr, cnvrmtl decks, con •re or nta ry ratios,
vtc, thit :ter within the appkihly A>rC . Attach your eal.ntadons with the project dr2wing.)
axe the ALG niva thAt applies to your property:
(1 vidtiu 75 ruwt of Normal I liglt Wucr for die EArturirtr: Shoreline AEC
Z) within 57> (err t►f Nnrntal I ligh 1Yater for (lie Csrttarine Shttr-.41nu AEC:, adjacent to Outstanding
R.ruturce Waren
(3) within m &,r artiw Public Trust Shurviine AEC
te:ontau your Itwid Pamir Officer ifyou art; not sore which AFC applies rn your property.)
S'l'A•1.15 STOitMWATER MANAGEMENT PERMIT: Is tltr prujcet Incarcd its an area subject co a
,Stave Stornit ater I1lauut;, mt nt Permit i»ued by the N.C:. 131v6ion ofWater Quality?
1•l:S_ No-- <„
i 11 yes, ME site total built-ttjurtt area/itnjkrvittus Sur&Cr :thawed F,,r ytlur lut or pored. square fcm
50/Z0 39dd `Iov 9000OP8616 80:9T b00Z/60/10
S/Z sd * dI-xeM

JAR-09•-2004 FRI 09:42 AM NO DIV OF COASTAL MGHNT FAX NO. 4 P. 04
0'VJ IER PERMITS MAY B F; IiEQU71t1;U:'i'hr ncriviry yott err pl cooing may re�lnirc pcnnitr other than the t NMA minor
t1cwhilmicnr permit. As a sect ice wv tear• compiled a tut of the kinds of pet mirs thse ailght be required. We sugubt; you chrek over the list b
With yunr IX0 to clearrruiitr ifanyoFchcsc aiilily to your pnijcet: lrruting, Drinking Warer Well, Sepdc7anle (orothrrsanicary w:ure
acainwhr rysn m), Uuildine, RlectrieJ, I'hrmbinij. Hmtino antl AirConditioning, Insublion and Fncrgy Constrvadon, FIACcrtificariau,
Son d Done, lRdli u:nc t±ontml, $trbdiYisit�ri ApN:rmd, Mobile I lame ParkApproval. I iigiway, Conncc[inn, undodlem
a
SUIT-MEN'C OF OWNERSIIIP: !JAN 1 3 2004
1, the an drt►ilnc�tl, an applicanr for a CAMA minor development permir, being citlicr the owner of property in an AEC or a
11e1sOct authurilcd to arc as :an ;lAvin Iisr purpuscs of applyinj; far a CAMA minor cicvefoputent permit, certify that clue persnn
listt.d as landowner tin tills application has a signiReArtr intense in the real property described therein 'his inrcrosr coat be
dr,crib..%l its: (chick rrnu) a4 3,0-2e / W — Ne-,1-11,eAw9l Lt G�
V.,an omicr of rMOrd th1 .'lirlc is vlc:ntcd its?N Na A J c , Ste uvcd (took2-
J+a�,cs_� ittttltc��0-�/f'CAR(�cst+nry)'.c�;isrryrtfl')ccYls.
r ..in uwtive by virttac of inhedcance. Applimtlt is an hair to ahu wrate of
proh:uit wm in _ . _C:ottnry.
—if other Interest, ;itch as written rrrttuaCr Of ieasc, Explain 11Clow or ttsc a separate darer and attach to this Application.
NUPIPICN1110N nr� AD)ACEN'1- PROPERTY OWNERS:
1 furtherttron Ccrrify that tlaa following persons arc Owners ofpruperrics ;adjoining this property. I allirm that I )lave given
ACRIAI. NOTICE nt rich of ihom toncerning my l nrc-m to devcltip tltl3 property and tii apply for a LAMA permit.
(Narnc) �u�u 5 (Address) VS6a -7 O
zgS-63
POIZ DEVEr,OPERS IN OCf.AN HAMM) AND EUSTUARINE HAZARD AREAS:
I sicknutiYlcdl c that die land owner Is aware ibar thr proposed tl`veJoptticnt is planntd for in tarn which tnny be susccptibbt to
erosion ilrtd/or liouding. l at:kmutivivdge dwt the Joc.al permit officer has explalned to Ule the particular hazard prublcros amoci-
ilUd With [It1A lrrr.'I'lak Csplan.t[ion tot.. acrannp.tnilni'by rr'enanitlendlcinns concerning stahiliaation and Floodproofing tech-
nitlttel.
PHRM1SSION 1'V E'MI'IL;R ON I+AND:
i futthvrmure cxrrily that ) am ;tuthtuizr+l ro grant atttl [lt► in 1.1Ct Arunr pormission rit ti1C local pennic nfllecr and his agems to
cnirr On lauds in cuonectiot: with cwduating information mlawd w tills permit applirar)on,
This appliu-ition Includes: Stalcral inforinatinn. It1113 form), •a site drawing as described on the boric of tills application, iltc
uwnual►Ip sr hell —mil, the ABC it:vlril notice when: timLsinry, a check for $100.013 m,uic payal?lc to the locality, and any Infer-
nution as stay lac pruvidtji Orally by tltc ;tlilalicant.'I7hc derails ofthe application as described by dire soarers itrc ineotporatud
withow rurerrnct: in any permit whidh may be issued. ! )vviaiion from those derails will eonstlwre a violation of any perrnir. Any
pv1stin developiug In in AE.C: without peritlir 6 subject to civil, criminal and adiuinistndye aerlan.
i Isis ItC I day c f J Aj , ZO
(.ancltnvncr or pmon authtirir- Ito act as his ag(al or Purpose of filing a CAMA prrinit applicudan.
50/50 3.9Cd IDV 9b00tib8S16 80:91 b00Z/60/10
S/S 6d s dI-XUIH

JM-09-2004 FRI 09:43 AM NO DIV OF COASTAL MGM FAX NO. 4 P. 05
SIPM, DRAWINGIAPPLICATION CHECKLIST
PIeac make sure your site drawing includys the following information Muirccl for a CAMA minor devclopmem
permit. The; drawing may be simple and tloe nCoswily to scale. The Local Permit Officer will help you, if
rcqucsnal.
PlivsrcA[. ynMr�NSIONS !JAN 2004
'- Laid roaJs
—�— Label 11i€,[►ways rightt-of--ways �� T✓ �,Q.�
l ld local setback lines
t/ Labrl any and all structures and driveways currently uxistivg on propyrty
P111'SIC.AL (.3 [ARAC17:111STIC,S
C)rlw and label mean high water mark G
_ Draw location of on-aitc %vastuwvarer sysu:trt
I yotr wlll be %YpIling in thv oroan llnzard area:
Draw artel lahyl (hint: rislg�:s (nor( height)
I )rt1v and iabd roc of dune
e
ldentify and locare first line ofstahle t<w;t,urniatt
Waw and label sctlxick line miler C AMA
.(_U1,,,, I.)raw;tntllahelrapoarap[tirrlfaatures(opni��nal)
Ifyo11 ^will be work-in; in an estuaritler shoreline arya: �D�D�
�... 1)rliw :end label lanclnvard limit ofAEC;
_ Doscribc terrain (sloix)
DEVIU)PM ENT PLANS
[)raw aild label .iwai th:u will be disrurlxd
If a howl: is to be placed on Joc, describe location orhouse
WNote sine of Jilin and depth to [n lacud in ground
Drawand I. gel :ell .1m.►s to be �1avc Or graveled
h:Ncriba com osirion of surface
reand list fully till tr&s any! vvgvrtrion to be removed or relocatati
Shaw Iarl holpitla
NOU' TO APPLICANT
I lave you:
• coinkl at-d all blanks and / or indimial if trot :applivabla
• nodhed and listed ndjaccttt Im,purty owners?
inciudLd your site drawing/,
• Sigel A lulrh a > >Iiration and st.ttemcnt of ow,wrsllip?
• U11dowd thv; 00.001«?
It edillplewd art A]:(''- I hazard Notice, if neccaary?
FOR STAFI' WY,
Sire Notice lbsted Finsd Inslx-crion. Fee Reccivcd
Site Yuspecrions
�AI4Mw�•
Date al'Aetionc [steed__ lixemps-%I „• Mniud Appeal I)vadlinc (20 days)
l-A%%1311110i
flu/k h��
90/60 3E)Vd I0v 9ti00bb86T6 80:9T tP00Z/60/10
S/i sd a dI-XeJH

cut
concoumn
is LSL
^-
SPAC
Pro n
GEOFft
___-_
VENUE
.SOUrNA
,
HEN FMTAL
PawreFt

QAN 13 2004
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing
NOTIFICATION TO ADJOINING PROPERTY OWNER REGARDING CAMA MINOR
DEVELOPMENT PERMIT by hand delivering a copy thereof to the following person at the
following address which is the last address known to me:
Ms. Catherine M. Cooke
President, Oriental Marina Owners Association
2410 Turtle Bay Drive
New Bern, NC 28562
This the 12th day of January, 2004.
J/%!'roy smith, Jr.
IV.C. State Bar I. No.: 004059
For the firm of
Ward and Smith, P.A.
1001 College Court
Post Office Box 867
New Bern, NC 28563-0867
Telephone: [phone]
Facsimile: [phone]
Attorneys for Johnson -Lennon, LLC
031235-0001
NBMAINl571113\1

62/03/2004 11.Ir. 2527457067 1
01/1212004 12:00 9193440046
PROM t LF-NhC H
o4
0
htr, PMU $$sin
P.4.9"8
0awtell NQ 24751
Post -it® Fax Notq, 7671
Date
paoges�
To
(
From
CoJDepti
Co.
Phone #
Phone #
Fax #
Fax #
Gdtobw 22, 20M
1 shoos wl"yvu on 000W 13, 2A08 ooaaaminp p q*rty with+n Pamtira Ccum�yr that is waAsei to" Neu" basin bVlw
miss (15A NCAC 20.0W). Tom gbKanit (NC t)trislsbn Of W1dar Cuatity) and Traey Whaaiir (NO Dtv W atCvatttai
Manapmtult) owducted a a8s visit on tit4 luo"My e"W ttlta y W,
Tb! M"Fty cwtgl w axsstMG 1VuatWM Wiit1M ttla 80 R. DWQ buft. Sin as ttlasa atrwWres existed Wwo bo Ott
hSoM btiuftr rutaa watt kttp(aMW64, they err oo nWorrad examgt from the naiw. Mr. Steft is and i"OW !Matte
&bwdwya can be moved within to 150 ft. PWQ bvf w. as (brig as they rammn "•am* tlo odrd and 00 no mare otaaar
to tM tones edge.
1f you haw turMW CONtrM t or 90401%, PW" cp"Od ma at Mt) 0444la f ext 230.
Sharaly,
Maria rtpp
NC D"lon of W4t9r QW61ty
%L c Oio*en of wsw autaty /,1r Mat &H%4w tinier ftwg t. NC 27M1811 (910) rapes Ce9tarnar delnoc
i