10-19 Minor Mod Tale of Whale Restaurant

Permit Class
MODIFICA TION/MINOR
Permit Number
10-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118,
Excavation and/or filling pursuant to NCGS 113-229
Issued to Tale of the Whale Restaurant, 7575 South Virginia Dare Trail, Nags Head NC 27959
Authorizing development in Dare County adj. to Roanoke Sound, at 7575 S. Virginia
Dare Trail, Nags Head , as requested in the permittee's letter dated 6/11/19 and MP-2 dated
6/10/19, including the attached workplan drawings (3) all dated 6/7/19.
This permit, issued on August 9, 2019 ,. is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
,c NUUJUUL w ruins, impnsa1mient ar civn action; or may cause me permit to oe nun ana vota.
Shoreline Stabilization — Bulkhead Extension
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily.
3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM
within a maximum of 30 days prior to the new expected start of construction.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance. P2� l J/ /11'A/'A✓// //
Any maintenance work or project modification not covered / A vI (/
hereunder requires further Division approval. Braxton avis, DirectorDivision of Coastal Management
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
This permit and its conditions are hereby accepted.
Signature of Permittee

Tale of the Whale Restaurant Permit No. 10-19
b Page 2 of 2
ADDITIONAL CONDITIONS
4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
5) The fill material shall be clean and free of any pollutants except in trace quantities.
6) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
7) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
9) This Minor Modification shall be attached to the original Permit No. 10-19, which was issued on
2/12/19, and copies of both documents must be readily available on site when Division personnel inspect
the project for compliance.
10) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2018-00466.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2006-1111
V2.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

r2n.lp 1.71k
June 11, 2019
CONSTRUCTION ENGINEERING SERVICES, INC.
P.O. BOX 665
MANTEO, NC 27954
PHONE: [phone]
N.C. Division of Coastal Management
Elizabeth City District Office
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
Attention: Yvonne Carver
Reference: Minor Modification to CAMA major Permit MP 10-19
Tale of the Whale Restaurant
7575 S. Virginia Dare Trail
Nags Head, NC 27959
Yvonne:
OFFICE: 33 HAMMOCK DRIVE
MANTEO, NC 27954
FAX: [phone]
33-ffl0i
PDAi ogg
Attached you will find the completed CAMA Major Permit Minor Modification Application package for
the above referenced project. This application is for permitting shoreline stabilization with a bulkhead
and retaining wall at the SE corner of the property. The erosion in this location was caused by Hurri-
cane Michael this past October
Copies of the adjacent property owner letters and forms that were sent by certified mail along with
the project permit documents are included and we will forward you the completed forms when we
receive them back.
If you have any questions or if you require any additional information please contact us.
Very truly yours,
CONSTRUCTION ENGINEERING SERVICES, INC.
Hal Goodman, P.E., SECB
President
RECEIVED
JUL 1 2 2019
110-P SECTION MHD
DESIGN CONSULTING UNDERWATER INSPECTIONS

Form DCM MP-2 Aceived.
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Alr4Alb Eo41late all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
III) If no, attach a letter granting permission from the owner.
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh f.
(CM, submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of disposal in these areas:
(i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
J U L 1 P. 2019
ME? CF(_Tinbl MkIn
252.808-2808 :: 1.888-4RCOAST :: www.nccoasl:duiun.rgement.net revised: 12126106

3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: 32 LF of bulkhead with a 20 LF return wall and 30 LF
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: upland retaining wall
Width 1.5 Ft
c. Average distance walerward of NHW or NWL 0 d. Maximum distance walerward of NHW or NWL 0
e. Type of stabilization material.
timber bulkhead
g. Number of square feet of fill to be placed below water level.
Bulkhead badfifl 0 Ft Riprap
Breakwater/Sill Other
i. Source of fill material.
Local sand pa
I. (i) Has there been shoreline erosion during preceding 12
months?
®Yes ❑No ❑NA
(ii) If yes, slate amount of erosion and source of erosion amount
Information.
Up to 7 R from site measurements
h. Type of fill material.
Sand
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the sae? Dyes [
If yes,
(n) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Fill will be placed behind newly constructed bulkhead
a (i) Will navigational aids be required as a result of the project?
❑Yes NNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
to (i) WIN fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAv ❑SB
❑WL []None
(It) Describe the purpose of the fill in these areas:
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Small backhce (hydraulic excavator)
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes NNo ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
June 10.2019 f p;tlp Tale ofOroVVhakReslatmard
Date Applicant Nertle
Tale of the Whale Transient Pier i ,
Project Name
DCM-E E;
ED
JUL 1 2 2019
MP SECTION MHD

PURPOSE: CONSTRUCTION OF
TRANSIENT PIER
DATUM: N.W.L.
ADJACENT PROPERTY OWNERS:
1. S & S INVESTMENTS GROUP
2. STEPHANIE SELCKMANN
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DRAWN BY: H G.
CONSTRUCTION OF CONST OF PIER & BULKHEAD
TRANSIENT PIER FOR IN: ROANOKE SOUND
RESTAURANT PATRONS AT NAGS HEAD/MANTEO CAUSEWAY
TALE OF THE WHALE RESTAURANT COUNTY: DARE STATE: NC
7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT
NAGS HEAD, NC 27959 SHEET 1 OF 3 DATE: 6-7-19

Received
2N8" P.T. CONT.
CAP BOARD (0.14
2'k6" P.T. FACE BOARD
ON BACK FACE (0.14 CA)
TOP OF
5/8" GALY. TIE ROD
AT EA FACE PILE -
BULKHEAD
FILTER
CLOTH
2 PLIES OF T'AV' P.T. SHEETING
8' LONG w / JOINTS STAGGERED
NAILED w/ 3" GALV. NAILS
(25 CCA)
6W P.T. DEADMAN
W LONG O 6 c-c
NME: ALL TIMBER TO BE
PRESSURE TREATED
IN ACCORDANCE
WITH AWPA SPECS
AS NOTED ON DWG.
ALL HARDWARE
TO BE HOT DIPPED
GALVANIZED
f ECE W" ED
JUL 1 2 2019
MP SECTION LIPID
PURPOSE: CONSTRUCTION OF
TRANSIENT PIER
DATUM: N.W.L.
ADJACENT PROPERTY OWNERS:
1. S & S INVESTMENTS GROUP
2. STEPHANIE SELCKMANN
W'A6" CONT.
TIMBER WALE
(TYP.) (25 CCA)
1
5/8" GALV. 1 `F
BOLT (TYP.) 4
in
ERODED SHORELINE _ I N.W.L.
8` DIA. BUTT P.T. FACE
FILE 12' LONG m 6 c-c
(25 CCA)
SECTION OF BULKHEAD
SCALE: 3/8" = T-O"
CONSTRUCTION OF
TRANSIENT PIER FOR
RESTAURANT PATRONS
TALE OF THE WHALE RESTAURANT
7575 S. VIRGINIA DARE TRAIL
NAGS HEAD, NC 27959
1XI-M-EC
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:k SEAL
1. 204
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////1111111\\\
DRAWN BY: H.G.
CONST. OF PIER 8 BULKHEAD
IN: ROANOKE SOUND
AT: NAGS HEAD/MANTEO CAUSEWAY
COUNTY: DARE STATE: NC
APPLICATION BY: CONSULTANT
SHEET 2 OF 3 DATE: 6-7-19

2•k8" P.T. CANT.
CAP BOARD (0.14
2')6" P.T. FACE BOARD
ON BACK FACE (0.14 CA)
TOP OF WALL TO MATCH
TOP OF EXISTING BULKHEAD
FILTER
CLOTH
2 PLIES OF IN& P.T. SHEETING
6 LONG w/JOINTS STAGGERED
NAILED w/3' GALV. NAILS
(2.5 CCA)
MOTE; ALL TIMBER TO BE
PRESSURE TREATED
IN ACCORDANCE
WITH AWPA SPECS
AS NOTED ON OWG.
ALL HARDWARE
TO BE HOT DIPPED
GALVANIZED
WW CONT.
TIMBER WALE
(TYP.) (26 CCA)
5/8" GALV.
BOLT(TYR)
EXISTING UPLAND iv
ANSITION TO MARSH
o,.
8" DIA. BUTT P.T. FACE
PILE 8' LONG 0 6 ct
(25 CCA)
TYPICAL SECTION OF RETAINING WALL
SCALE: 3/8" = 1'-0"
RECEIVED
JUL 1 2 2019
MP SECTION MHD
PURPOSE: CONSTRUCTION OF CONSTRUCTION OF
TRANSIENT PIER TRANSIENT PIER FOR
DATUM: N.W.L. RESTAURANT PATRONS
ADJACENT PROPERTY OWNERS:
1. S & S INVESTMENTS GROUP
2. STEPHANIE SELCKMANN
TALE OF THE WHALE RESTAURANT
7575 S. VIRGINIA DARE TRAIL
NAGS HEAD, NC 27959
Received
M-E C
DRAWN BY: H.G.
CONST OF PIER & BULKHEAD
IN: ROANOKE SOUND
AT NAGS HEAD/MANTEO CAUSEWAY
COUNTY: DARE STATE: NC
APPLICATION BY: CONSULTANT
SHEET 3 OF 3 DATE: 6-7-19

ROY COOPER
Governar
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
July 19, 2019
MEMORANDUM
NORTH CAROLINA
Environmental Quality
RECEIVED
JUL 1 2 2019
F4P SECTION MHO
TO: Josh Pelletier, USACOE
Anthony Scarbraugh, DWR-Water Quality
ACShane Staples, Fisheries Resource Specialist, DCM
Roger Thorpe, Coastal Stormwater, DEMLR
Kelly Wyatt, Town of Nags Head
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit 410-19
Applicant: Tale of the Whale
Project Location: 7575 S. Virginia Dare Trail in Town of Nags Head
Proposed Project: Construct a bulkhead, retaining wall, and return wall on the east side of their
property.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 08/02/19 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your
comments by fax: [phone] or email. If you have any questions regarding the proposed project,
please contact Yvonne Carver at [phone], ext. 232. When appropriate, in-depth comments with
supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
North Carollta Department of Environmental Quality I DWlsion of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252264.3901

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON.C. DAVIS,
Director
August 9, 2019
MEMORANDUM
NORTH CAROLINA
Environmental Quality
RECEIVED
AUG 8 2019
MP SECTION MH®
TO: Josh Pelletier, USACOE
Anthony Scarbraugh, DWR-Water Quality
Shane Staples, Fisheries Resource Specialist, DCM
Roger Thorpe, Coastal Stormwater, DEMLR
Kelly Wyatt, Town of Nags Head
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #10-19
Applicant: Tale of the Whale
Project Location: 7575 S. Virginia Dare Trail in Town of Nags Head
Proposed Project: Construct a bulkhead, retaining wall, and return wall on the east side of their
property.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 08/02/19 to 400 Commerce Avenue Morehead City, NC 28557. You may also send your
comments by fax: [phone] or email. If you have any questions regarding the proposed project,
please contact Yvonne Carver at [phone], ext. 232. When appropriate, in-depth comments with
supporting data are requested.
REPLY: X This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached. -
This agency objects to the project for reasons described in the attached comments.
0p� 6/9/2019
SIGNED 'v DATE
No additional written concurrence required, project is covered under DWR/BIMS project # 2006-1111 v2
DEQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth Oty 6flice 1 401South Griffin Street, Suite 300 1 Elizabeth City, North Czroliha 27909
252264.3901

Bodnar, Gregg
From: Kelly Wyatt <[e-mail]>
Sent: Monday, August 05, 2019 10:49 AM
To: Bodnar, Gregg
Subject: [External] RE: Tale of the Whale CAMA minor mod
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
No comments, thanks.
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, August 5, 2019 10:32 AM
To: Kelly Wyatt <[e-mail]>
Subject: Tale of the Whale CAMA minor mod
Morning Kelly,
Just wanted to check in to see if you have any comments on the bulkhead extension.
Thanks,
Gregg
owwrrrww...w ow\
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 BOB 2908 ext 215 (office)
Greee.Bodnar0acdenr.eov
Email correspondence to and from this address is subject to the
North Carolina Public Records Low and may be disclosed to third parties.

>!V f
ROY COOPER
Covernor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SW'li`d03°y
July 16, 2019
MEMORANDUM
NORTH CAROLINA
Environmental Quality
EEt;EIVE D JUL � 6 2flt9
TO: Josh Pelletier, USACOE
Anthony Scarbraugh, DWR-Water Quality
Shane Staples, Fisheries Resource Specialist, DCM
Roger Thorpe, Coastal Stormwater, DEMLR
Kelly Wyatt, Town of Nags Head
FROM: Doug Huggc% Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #10-19
Applicant: Tale of the Whale
Project Location: 7575 S. Virginia Dare Trail in Town of Nags Head
Proposed Project: Construct a bulkhead, retaining wall, and return wall on the east side of their
property.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 08/02/19 to 400 Commerce Avenue Morehead City, NC 28557. You may also send your
comments by fax: [phone] or email. If you have any questions regarding the proposed project,
please contact Yvonne Carver at [phone], ext. 232. When appropriate, in-depth comments with
supporting data are requested.
REPLY: �_ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
_ This agency objects to the project for reasons described in the attached comments.
SIGNED Zl" �Q �i °" DATEFRECEIVED
�RQM6)�
AUG 2 2019
vor;i:Cnrulirta Jr:NftrU, or or Ei+v!rorioental Quality 1Di.isirn:•+f (:onstal ldan59en�en: �p
E9!z:.;:�f+Caty C�rfic 4015ruth Cnffa: h:r:G:cite'.!?0: Elizabeth Cats. Nuts Caraliro 27''"YIAtlI� SECTION Y�YH®
252.26M1.390!

ROY COOPER
C �tor
MICHAEL S. REGAN
SBcrr'on•
S, DANIEL SMITH
Dv. 'X
Tale of the Whale Restaurant
Attn: Daniel Bibey
PO Box 98
Nags Head, NC 27959
Dear Daniel Bibey:
nORT- CAROLINA
Environmental Quality
August 2, 2019
Subject: Stormwater Permit Exemption
Stormwater Project No. SW7180302
CAMA Major for Bulkhead and Wall
Dare County
On July 16, 2019, the Washington Regional Office of the Division of Energy, Mineral,
and Land Resources received a copy of your CAMA Major application for the subject project.
The proposed project involves constructing a bulkhead and retaining wall located at 7575 S.
Virginia Dare Trail in Nags Head, NC. Staff review of the plans and specifications has
determined that the project, as proposed, consists of activities that will not pose surface water
quality threats from stormwater runoff. The Director has determined that projects that are
reviewed and approved by the Division as not posing water quality threats from stormwater
runoff should not be subject to the stormwater management permitting requirements of 15A
NCAC 2H.1000. For this reason, we are informing you byway of this letter that the current
project will not require a State Stormwater management permit.
The stormwater rules require the Division to permit the common plan of development,
therefore, any future development on the property, regardless of whether a SEC plan or CAMA
Major permit is also required, will require a Stormwater Management Permit application and
permit issuance from the Division of Energy, Mineral, and Land Resources prior to any
construction. Any construction on the subject site, prior to receipt of the required permit, will
constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement actions
by this Office.
Please keep in mind that this determination does not affect your legal obligation to obtain
other permits and approvals, which may be required by Federal, State, or local government
agencies, rule or law: If you have any questions, or need additional information concerning this
matter, please contact this office at [phone].
Sincerely,
William Carl Dunn, PE
Environmental Engineer
cc: Construction Engineering Services, Inc.(PO Box 665, Manteo, NC 27954)
Gregg Bodnar— NCDEQ - DCM ([e-mail])
Washington Regional Office
.y....o...DE
Q./
AUG 2 2019
MP SECTION MHD
�YJrI')r(�'G..II•.bJf.r�p•iTPr•J rJt �I(!A�•I/•^.I.O. rfw$��j l'i i�il'!�/1���,^.'(�j ��'.:',YiGI Gr,�i)�f%'^lx_^:t:
'Nt•.he,g'.v. rr..wJ•.ai�fklv,! i4;'NasF[ng.x• Syuure Mt'I 7rzshcny%x, Ni^.r Car•:!.a 27�ii'e
[:[S3h.h<q1

ROY COOPER
Governor
MCHAEL S. PEGAN
Secretary
BRAXTON C. DAVIS
Director
July 12, 2019
TO: Josh Pelletier, USACOE
Anthony Scarbraugh, DWR-Water Quality
Shane Staples, Fisheries Resource Specialist, DCM
Roger Thorpe, Coastal Stormwater, DEMLR
Kelly Wyatt, Town of Nags Head
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #10-19
Applicant: Tale of the Whale
Project Location: 7575 S. Virginia Dare Trail in Town of Nags Head
Proposed Project: Construct a bulkhead, retaining wall, and return wall on the east side of their
property.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 08/02/19 to 400 Commerce Avenue Morehead City NC 28557 You may also send your
comments by fax: [phone] or email. If you have any questions regarding the proposed project,
please contact Yvonne Carver at [phone], ext. 232. When appropriate, in-depth comments with
supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE .?
RECEIVED
lift �EftQ*P JUL 21. 2019
North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909irlP SECTION MHD
2572643901

17.!
1t
I I/
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
DLecfar
MEMORANDUM
Ifal
FROM:
THROUGH:
DATE:
SUBJECT:
NORTH CAROLINA
Environmental Quality
JUL 1 , 2019
MP SECTION MHD
Gregg Bodnar, Assistant Major Permits Coordinator,
Division of Coastal Management, Morehead City
Yvonne Carver, Field Representative
Jonathan Howell, District Manager, Washington
June 26, 2019
Request for Minor Modification of Major Permit #10-19
issued to: Tale of the Whale Restaurant
REFERENCE: (a) Letter from Construction Engineering Services,
received 06/18/19, requesting Minor Modification to
address shoreline stabilization
(b) 15A NCAC 073.0405, Permit Modification
(c) DWR Project #2006-1111 V2
(d) USACOE Action ID SAW-2018-00466
Minor Modification to Major Permit
1. On behalf of Daniel Bibey, Hal Goodman, President of Construction
Engineering Services, has requested a Minor Modification to Major Permit #10-19,
which was issued on February 12, 2019 to the Tale of the Whale Restaurant and
expires on December 31, 2022. The original major permit authorized a pier
extension and 4 boat slips.
2. The Tale of the Whale Restaurant has requested to modify their major permit
to construct a bulkhead, retaining wall, and return wall on the east side of their
property. This area of natural shoreline has had erosion during past storms.
North Carolina Departmem of EnvIommental Quality I Division of Coastal Management
E6eabeth City Offke 1 401 South Grlffin Street, Suae 300 1 Elnabeth City, North Carolina 27909
252.264.3901

Gregg Bodnar, Assistant Major Permits Coordinator
June 26, 2019
Page 2
3. I conducted a site visit on May 9, 2019 to review the Minor Modification
request and have determined that the request meets the requirements contained
in 15A NCAC 07H .0208 USE STANDARDS. Specifically, the request to install a 32-
Ift bulkhead landward of NWL, a 30-Ift retaining wall landward of coastal wetland
vegetation, and a 20-Ift return wall along the left property line, will comply with
07H.0208(b)(7)(A-D).
4. The required fee of $100, was paid by Check #44325 and received on June
13, 2019.
5. It is recommended that the Minor Modification request be granted, provided
all the Permit Conditions of the original permit issued on February 12, 2019 remain
in effect.
JH/yc
Cc: Hal Goodman, Construction Engineering Services
Daniel Bibey, Tale of the Whale Restaurant
Josh Pelletier, USACOE
Anthony Scarbraugh, DWR
Roger Thorpe, Coastal Stormwater, DEMLR
Shane Staples, DMF
Kelly Wyatt, Town of Nags Head
Attachments: Copy of Minor Modification Request, including work plan drawings
RECEIVED
JUL 1 2 2019
MP SECTION MHD

NC Division of Coastal Management
Cashier's Official Receipt
w -
Received From: C-n S f rwcTHm, En a .. To.• 1 -k- Dip 41c- (.Jk t lk-
Permit No.: M P ` 19
Applicant's Name: �� /t +Le- L-3 Lt�Vxz,,4—
Project Address: 9,5 7 5 S. yrC$ n S I .Z�
8630 (�)B C D
Date: w 3 20 L
Check No.: / / .3 2.S
County: rD mx-`Z-
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
Date:
Date: (e, 3 r Y
RECEIVED
JUL 1 2 2019
&I'M SECTION MHD

J sr CONSTRUCTION ENGINEERING SERVICES, INC.
I,, P.O. BOX 665 OFFICE: 33 HAMMOCK DRIVE
a MANTEO, NC 27954 MANTEO, NC 27954
Ry. °°+y;" PHONE: [phone] FAX: [phone]
s ' DSMI berrice
CERTIFIED MAIL'RECEIPT
June 11, 2019 r
ru
ru
Stephanie Selckmann ru 4+ e r s �.
f 350 0954
7808 S. North Shore Road Ln ru 03
ON. �r.M�M1M d
Nags Head, NC 27959 Osr 0ftowns.v�
i pxn,x,M.Y,s jly1
rM,,,,,y • sn_nn roeuwt
oO 4 �.reweo+.r—t0.8a�
Reference: Proposed Transient Pier for Restaurant Patrons o pws"Vk."R aror�s �
Tale of the Whale Restaurant o rm.w• 7575 S. Virginia Dare Trail N •60 06/12/2019
Nags Head, NC 27959
CO sr
r-1 _ Se�cweseu+ei---------..._-.-.._--
o sever
To Whom it May Concern: r` ----------------
We are the design engineering firm and authorized permitti -..- _...._., _. ,......V , c,C,-
enced property. You are being notified of this proposed construction project as an adjacent waterfront
landowner. We are amending the CAMA Major Permit that has been issued to permit some shoreline
stabilization to combat erosion caused by Hurricane Michael. Attached please find a copy of the permit
amendment application and detail drawings for the proposed construction along the shoreline. Any
questions you may have can be addressed to us at the location above. Any comments you may wish to
submit to CAMA can be sent to
N.C. Division of Coastal Management
Elizabeth City District Office
401 S. Griffin Street
Elizabeth City, NC 27909
Attention: Yvonne Carver
The telephone number for the CAMA office should you wish to call them is [phone] and their
FAX number is [phone].
Very truly yours,
CONSTRUCTION ENGINEERING SERVICES, INC.
Hal Goodman, P.E., SECS
President
DESIGN
RECEIVED
Received
JUL ? 2019
AIP SECTION MHD DCM-EC
CONSULTING UNDERWATER INSPECTIONS

■ Complete Items 1, 2, and 3.
■ pilot your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back o1 the mallplece,
We Addressee to: C. Is de0v
cc II YES,
J"?HHWtC S@LGKMgA1N
713015 $, t�oRiti SHORL- f�pgD
NAGS N ISC. a79a9
IIIIII I'll I'II II'I ll IIIII Illlfll IIIII) Il
9590 9402 4561 82781443 29
7018 2290 0001 6252 2269
PS Farm 3811, July 2015 PSN 7530-02-000-9=
QAM �°L°�'G'1VCC9
�. dee
'rlName) C. y!
aHferent from Item l7 Ye AN 1 t,
ey address below. O
Service Type
ocrwny6f2!IFW0SM
Aduh SIWWum
oRadleteredM -
AdultSWurtumRenebtedDOM
ohogtWaodM.BHast&ted
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oamed Melt®
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oMR ptw
COOectmaouvan
^�ABW an ay ttesMged oaWay
O NeCmtlmutbn^�
red Mall
o 8l�gnstea Cmrvmatbn
red Mau Restricted aeuverY
all M
(aer Sbee)
Roshlcted aouvay
Cornesuc Return Receipt 1
Ulo'yt-C C
JUL 1 2 2019
MP SECTION MHD

Received
CERTIFIED MAIL • RETURN RECEIPT REQUESTED ;
COASTALDIVISION OF ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORD(%M- C
Name of Property owner: Tale of the Whale Restaurant
Address of Property: 7575 S. Virginia Dare Trail, Nags Head, NC, Dare County
(Lot or Street #, Street or Road, City & County)
Agent's Name#:
HalGoodman
Mailing Address: P.O.
BOX 665
Agent's phone #:
[phone]
Manteo,
NC 27954
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. ____ 1 have objections to this proposal.
I/ you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available ath��/-'wwv-v,nccoastalmanagemenLnet/web/cm/stalt-listiggorbycalling 1-888-4RCOAST.
No response Is considered the same as no objecdon Kyou have been notified by Certified Mall
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must Initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property wrier Information)
cl� -e
Signature
Dan Bibey 7
Print or Type Name
7575 S. Virginia Dare Trail
Mailing Address
Nags Head, NC 27959
City/State/Zip
[phone] _
Telephone Number / Email Address
(Riparian Property Owner Information)
.Signature
Print or Type Name
Mailing Address
City/State2ip " CEIVED
Telephone Number / Email Address J U L 1 2 2019
nn<<•--_---- n< — ECTION MHD
(Revised Aug. 2014)

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER, NOTIFICATIONIWAIVER FORM
Name. of Property Owner: Tale of the Whale Restaurant
Address of Property: 7,57.5 S. Virginia Dare Trail, Nags Head NC Dare County
(Lot or Street #;. Street or Road, City & County)
Agent's Name#: Hal Goodman Mailing Address:, P.O. Box 665
Agent's phone #: [phone] Manteo, NC 27954
I' hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the:development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
tr fifl have no objections to this proposal. __ I have objections to this proposal.
If you have objections to what is being.proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available.atir. ttA:*PvLv�w.nccp_astalinaiial,ment;le Wwib/cm/staff^listir or bycallingIm888-49COAS T.
No response is considered the same as no objection Jf you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back, a minimum distance:of 15' from my area of riparian access unless waived by me. (if,
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Prop7171�27L,e-zc-:>�
wner Information)
l% Sigrt6nrre /T
Dan [3(bey
Print or Type Name
7675 S. Virginia Dare Trail
Mailing Address
Nags Head, NC 27959
City/State2ip
[phone]
Telephone Number / Email Address
(
,R
�ip
�11
a
ri
an
_Property Owner Information)
J�-W' .
Sigirnlrur _
CliQODRR JR VI -MAX
Print or Type Name
Tloo 3 S . \[n.'-D!9;zC—t Rm
Mailing Address
City/Statelzip s p
RECO Y E®
Telephone Number / Email Address
JUL 1 0 2019
nnrc+ -
(Revise `'1 199CTiON MHu

CONSTRUCTION ENGINEERING SERVICES, INC.
P.O. BOX 665 OFFICE: 33 HAMMOCK DRIVE
MANTEO, NC 27954 MANTEO, NC 27954
PHONE: [phone] FAX: [phone]
June 11, 2019 Received
S & S Investments Group, Inc. )i )
4401 United Street ty
Greensboro, NC 27407 DCM-E,�
Reference: Proposed Transient Pier for Restaurant Patrons
Tale of the Whale Restaurant
7575 S. Virginia Dare Trail
Nags Head, NC 27959
To Whom it May Concern:
We are the design engineering firm and authorized permitting agent for the owners of the above refer-
enced property. You are being notified of this proposed construction project as an adjacent waterfront
landowner. We are amending the CAMA Major Permit that has been issued to permit some shoreline
stabilization to combat erosion caused by Hurricane Michael. Attached please find a copy of the permit
amendment application and detail drawings for the proposed construction along the shoreline. Any
questions you may have can be addressed to us at the location above. Any comments you may wish to
submit to CAMA can be sent to
N.C. Division of Coastal Management
Elizabeth City District Office
401 S. Griffin Street
Elizabeth City, NC 27909
Attention: Yvonne Carver
The telephone number for the CAMA office should you wish' .... ' '
FAX number is [phone]. ii.b. imos
CERTIFIED MAIL
m
Very truly yours, •l
m
CONSTRUCTION ENGINEERING SERVICES, INC. ru ■ ^ r-
ti aawgw f3.50 0954
CA �cad_`d = rp■e hm.W . 03
Hal Goodman, P.E., SECB o ❑m nft,w xft" • cn nn Pam■
President a DAO■rp•A••■•Ia
'
Pof1.30Rc^EIVED ruF
Ob/12/2019
60
JUL �nI o w��q'11x4 ntrs---GAp.wJp In .
DESIGN j 'CCQLTING D..tiTtisi w -----------------------
MP SECTION MHD -

Received
CERTIFIED MAIL • RETURN RECEIPT REQUESTED �i;i; r ;;•
DIVISION OF COASTAL MANAGEMENTflds��
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FO lvl
Name of Property owner: Tale of the Whale Restaurant
Address of Property: _ 7575 S. Virginia Dare Trail Nags Head NC Dare County
(Lot or Street #, Street or Road, City & County)
Agent's Name #: Hal Goodman
Agent's phone M. [phone]
Mailing Address: P.O. BOX 665
Manteo, NC 27954
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions must be provided with this letter.
I have no objections to this proposal. _ I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM ofTces is
available at htrn:I/www.ncwasrafmanement.neUweb/cm/staff-listing orbycallinp 1-8884RCOAST.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property wneer-I�nformation)
Signature /
Dan Bibev
Print or Type Name
7575 S. Virginia Dare Trail
Mailing Address
Nags Head, NC 27959
City/State2ip
[phone]
Telephone Number / Email Address
(Riparian Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/State2ip R E C E IV EE
Telephone NumberIEmail Addfess JUL
1 2 2019
Mile r,�p ��p� _�
(Revise(1�/lug.SrT ),T10H MHE

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GREENSBORO, NO 27407
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June 16, 2019
In Transit to Next Facility
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Departed USPS Regional Facility
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June 12, 201% 9:34 pm
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JUL 1 2 2019
MP SECTION MCI®
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JUL 1 2 2019
POP SECTION M D
213

i-4dA
2016 Google Earth
RECEIVED
JUL 1 ; 2019
KqP SECTION KlHD

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Permit Class
NEW
Received
RH 13 2019
DCM-EC
STATE OF NORTH CAROLMA
Department of Environmental Quality
and
Coastal Resources Commission
Fermat
for
_2L Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-1 18
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
10-19
Issued to Tale of the Whale Restaurant, 7575 South Virginia Dare Trail, Nags Head, NC 27959
Authorizing development in Dare County at adi. to Roanoke Sound. at 7575 S. Virginia
Dare Trail, Nags Ilead as requested in the permittee's application dated 2/12/18 (MP -I) & 1/12/18
(MP4), incl. attached workplan drawings (5), Sheets 1, 4-6 of 6 dated 1/12/18, & Sheet 3 of 6 dated 3/2/18.
This permit, issued on February 12, 2019 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
it mese terms may oe subject to lines, imprisonment or ctvu action; or may cause me permit to De nun ana voia.
Docking Facility Expansion
1) This permit authorizes only the pier extension and cantilevered benches, and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
'Ibis permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not coveted
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
Signed by the authority of the Secretary of DF.Q and the
Chairman of the Coastal Resources Commission.
Arax t C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of ermittee
MP SECTION1 Afil'^

VICINITY MAP
L
Fv) ', I
"' 9nr
JUL 1 2 2019
PIP SECTION MHD
)eta use Subject to iicel=
0 DeLorme. DeLomm StmetADas USM2015.
�..oebrme.aom
PURPOSE: CONSTRUCTION OF
TRANSIENT PIER
DATUM: N.W.L.
ADJACENT PROPERTY OWNERS:
1. S & S INVESTMENTS GROUP
2. STEPHANIE SELCKMANN
Ruvwke Somxf PIlaJEm aRE
.V
lln ne/
e'.ed
.SurnNJc a L
I'ns�
AnANTICOCEAN
Y¢I '
Cape %)!
NMIpEiar
12 9126
la
i? r d
'
P=4,168.70 Data loan 12-0
CONST. OF OPEN PILE PIER
CONSTRUCTION OF
IN: ROANOKE SOUND
TRANSIENT PIER FOR
RESTAURANT PATRONS
AT. NAGS HEAD/MANTEO CAUSEWAY
COUNTY: DARE STATE: NC
TALE OF THE WHALE RESTAURANT
7575 S. VIRGINIA DARE TRAIL
APPLICATION BY: CONSULTANT
NAGS HEAD, NC 27959
SHEET 1 OF 6 DATE: 1-12-1B

N
11'� h 4/'� � ♦t0} '�. l�1'ai�`'Y`{+ t}a p4yM1 I� _
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45�1� q0 W
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9 `•;� a �jla'11 it+ r r y s, F ? J'� ir•3"`,,.: r{`�tui 'T� 1
vp
V TO
Pill
t {C�� )p � f +. .�.i,. G 7 rl •i+ Y.,ty' r�y. f,F,�. c�1�
4 rY o-r'ai a �i.l r h ol�
�¢
DRAWN BY: H.G.
CONST. OF OPEN PILE PIER
PURPOSE: CONSTRUCTION OF CONSTRUCTION OF IN: ROANOKE SOUND
TRANSIENT PIER TRANSIENT PIER FOR
DATUM: N.W.L. RESTAURANT PATRONS AT: NAGS HEADIMANTEO CAUSEWAY
ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC
TALE THE WHALE RESTAURANT APPLICATION BY: CONSULTANT
1. S 8 S INVESTMENTS GROUP 7575 S.. VIRGINIA DARE TRAIL
2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 3 OF 6 DATE: 3-2-18

Received
..j"
DCM-EC
JUL 1 2 2019
2W P.T. DECKING
w/ 3' STAINLESS
SCREWS TREAT
To
AWPA UCDB 7
Y
Wor TIESILSMEMBERADERF PILE) LIC4B
0�
TYPICAL CROSS SECTION OF FIER
SCALE: 3/0" = T-O"
RAP SECTION MI -ID
PURPOSE: CONSTRUCTION OF
TRANSIENT PIER
DATUM: N.W.L.
ADJACENT PROPERTY OWNERS:
1. S & S INVESTMENTS GROUP
2. STEPHANIE SELCKMANN
CONSTRUCTION OF
TRANSIENT PIER FOR
RESTAURANT PATRONS
TALE OF THE WHALE RESTAURANT
7575 S. VIRGINIA DARE TRAIL
NAGS HEAD, NC 27959
Z)18" P.T. STRINGERS
TREAT TO AWPA I1C3B
5/8' DIA. GALY. TIMBER DOLT
5/8' DIA GALV.
BOLT w / WASHER (YTP.)
B" TNA. (Burr) P.T.
TIMBER PILE 0) & C'C
6 MIN. EMBEDMENT
`o
Received
DCM-EC
DRAWN BY: H.G.
CONST. OF OPEN PILE PIER
IN: ROANOKE SOUND
AT. NAGS HEADIMANTEO CAUSEWAY
COUNTY: DARE STATE: NC
APPLICATION BY: CONSULTANT
SHEET 4 OF 6 DATE: 1-12.18

Received
DCM-EC
2W P.T. DECK
BOARDS —
2'W P.T. STRINGERS 016' c-c
2.25A2' P.T. HEADER
(1 EA SIDE OF PILE)
CANTILEVERED 16'
FOR BENCH ---J
RECEIVED
JUL 1 2 2019
2W P.T. CAP
246' P.T. DECK
BOARDS —
P.T. LXWAI
STRINGER I ^ / �SIRMGER BENCH
't
B' BUTT DIA. P.T. PILES
G V c-c (n7.) CUT OFF
PILE AT UNDERSIDE
OF DECK--------'
MP,SECTION MHD
i I i
o I o i0
I O I OI OI
SET PILES P+a i ,
I AT BENCH
TYPICAL SECTION AT BENCH
SCALE: 3/4' = P-O"
®z.D' c-c
2W P.T. POST BOLT
TO HEADER r4 (2)V2'
DIA GALV. BOLTS
PROVIDE SOLID P.T.
BLOCKING
Received
DMEC
DRAWN BY: H.G.
PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST.OF OPEN PILE PIER
TRANSIENT PIER TRANSIENT PIER FOR, IN:ROANOKESOUND
DATUM: N.W.L. RESTAURANT PATRONS AT: NAGS HEAD/MANTEOCAUSEWAY
ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC
1. S & S INVESTMENTS GROUP TALE OF THE WHALE RESTAURANT
7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT
2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 6 OF 6 DATE: 1-12-18

DCM Coordinator: &zAj#i' Permit #: to —(g ( S
Permittee: 1Q([ 41r Wla( (Ze.0urnaf
Agents:.
DCM Field Offices
Elizabeth City
"Morehead City
Washington
Wilmington
US ACOE Offices:
Washington:
�VONKG �hr%�
C�
(with revised work plan drawings)
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
t Josh Pelletier (Bertie' Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Shane Stapled
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Shelton Sullivan
Clif Whitfield (WARD)
Curt Weychert
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwaterl
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Natural Heritage Program
Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARO)
Rodney Butler
sops"" Idly k�,A*
Fax Distribution: Pertntttee #: Agent#_
(NCDOT) Travis Wilson

Coastal Management
ENVIRONMENTAL QUALITY
Tale of the Whale Restaurant
c/o Hal Goodman
7575 South Virginia Dare Trail
Nags Head, NC 27559
Dear Mr. Goodman:
August 9, 2019
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
Sincerely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

Permit Class
MODIFICATION/MINOR
Permit Number
10-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
�tlpIOWA pursuant to NCGS 113A-118
,,Wli loxcavation and/or filling pursuant to NCGS 113-229
Issued to Tale of the Whale Restaurant 7575 South Virginia Dar Trail, Nags Head, NC 27959
Authorizing development in Dare County adj. to Roanoke Sound. at 7575 S. Virginia
Dare Trail, Nags Head , as requested in the permittee's letter dated 6/11/19 and MP-2 dated
6/10/19 including the attached workplan drawings (3) all dated 6/7/19.
This permit, issued on Month XX. 2019 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e subject to tines, imprisonment or crvti action; or may cause me permit to De nuo anu voiu.
Shoreline Stabilization — Bulkhead Extension
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily.
3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM
within a maximum of 30 days prior to the new expected start of construction.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary or VhQ and me Unmr
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Number
10-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
to Tale of the Whale Restaurant, 7575 South Virginia Dare Trail, Nags Head NC 27959
izing development in Dare County at adi. to Roanoke Sound. at 7575 S. Virginia
as requested in the permittee's application dated 2/12/18 (MP-1) & 1/12/18
incl. attached workplan drawings (5), Sheets 1, 4-6 of 6 dated 1/12/18, & Sheet 3 of 6 dated
mit, issued on February 12, 2019 , is subject to compliance with the application (where
nt with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility Expansion
This permit authorizes only the pier extension and cantilevered benches, and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized faciliti6s. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheet for Additional Conditions)
;rmit action may be appealed by the permittee or other
persons within twenty (20) days of the issuing date.
xmit must be accessible on -site to Department
when the project is inspected for compliance.
intenance work or project modification not covered
requires further Division approval.
k must cease when the permit expires on
December 31, 2022
isuing this permit, the State of North Carolina agrees that
project is consistent with the North Carolina Coastal
lenient Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
ao"/
BraxiU C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Tale of the_Whale Restaurant
3)
4)
ADDITIONAL CONDITIONS
This permit authorizes a maximum of 4 formalized boat slips.
Permit No.10-19
Page 2 of 2
No attempt shall be made by the pemiittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
Easement
5) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
Local Government Condition
6) A special use permit is required by the Town of Nags Head. This special use permit shall be obtained
before construction of the docking facility expansion begins.
General
7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
8) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions. of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-00466) issued 5/17/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
QualityCertification 4144 and assigned the project DWR Project No. 2006-1111 V2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project.