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HomeMy WebLinkAbout10-19 Minor Mod Tale of Whale RestaurantPermit 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: (252) 473-9733 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: (252) 473-4191 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 N 9 z Od oc ;*A A foot 0. N> 0b'd ii•77p�: Al Z I I I NP�`\\\ O Ql Q 0 W m e > N / Ca C N W C\ O f' 11 u; u W f. G O J Q O 'o u z Q) LLI li U V 0 a) z Pr - 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 ICARp o y• :k SEAL 1. 204 ��: 0 JAY GO�����C 11•�9 ////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: 252-331-2951 or email. If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901, 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: 252-331-2951 or email. If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901, 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 <kelly.wyatt@nagsheadnc.gov> 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 <gregg.bodnar@ncdenr.gov> Sent: Monday, August 5, 2019 10:32 AM To: Kelly Wyatt <kelly.wyatt@nagsheadnc.gov> 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: 252-331-2951 or email. If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901, 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 (252) 946-6481. Sincerely, William Carl Dunn, PE Environmental Engineer cc: Construction Engineering Services, Inc.(PO Box 665, Manteo, NC 27954) Gregg Bodnar— NCDEQ - DCM (gregg.bodnar@ncdenr.gov) 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: 252-331-2951 or email. If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901, 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: (252) 473-9733 FAX: (252) 473.4191 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 (252) 264-3901 and their FAX number is (252) 331-2951. 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 R= oamed Melt® Cmtlnod Mau Restricted D Wn 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 #: (252) 473-9733 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 (252) 441-7332 _ 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 #: (252) 473-9733 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 (252)441-7332 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: (252) 473.9733 FAX: (252) 473-4191 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 (252) 331-2951. 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. (252) 473-9733 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 (252) 441-7332 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 6/26/2019 USPS.com® - USPS Tracking& Results USPS Tracking FAOs j (https:/A w-usps.com/fags/uspstracking-fags.htm) Track Another Package + Tracking Number: 70182290000162522313 Remove X The delivery status of your Item has not been updated as of June 18, 2019, 9:30 pm. We apologize that It may arrive later than expected. Alert June 18, 2019 at 9:30 pm Awaiting Delivery Scan Get Updates N/ Text & Email Updates Tracking History June 18, 2019, 9:30 pm Awaiting Delivery Scan The delivery status of your item has not been updated as of June 18. 2019, 9:30 pm. We apologize that it may arrive later than expected. June 18. 2019, 8:53 am Arrived at Unit GREENSBORO, NO 27417 June 18, 2010, 7:30 am Out for Delivery GREENSBORO, NO 27407 June 18, 2019, 7:20 am Sorting Complete GREENSBORO, NO 27407 June 16, 2019 In Transit to Next Facility June 13, 2019,12:39 am Departed USPS Regional Facility RALEIGH NO DISTRIBUTION CENTER June 12, 201% 9:34 pm Arrived at USPS Regional Facility RALEIGH NO DISTRIBUTION CENTER JUL 1 2 2019 MP SECTION MCI® u httpsJ/tools.usps.com/go/rrackConfimiAcfonTqtc_tLabelsl=70182290000162522313 1/3 6/26/2019 June 12, 2019, 4:18 pm Departed Post Office MANTEO, NC 27954 June 12, 2019, 9:08 pm USPS In possession of item MANTEO, NC 27954 Product Information USPS.com® - USPS Tracking® Results See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (hftps://www.usps.com/fags/uspstracking-faqs.htm) V The easiest tracking number is the one you don't have to know. With Informed Delivery®, you never have to type in another tracking number. Sign up to: R E C OVE • See Images• of incoming mail. • Automatically track the packages you're expecting. • Set up email and text alerts so you don't need to enter tracking numbers. • Enter USPS Delivery Instructions " for your mail carrier. httpsJ/tools.usps.comtgofrrackConfirmAction?gtc_tLabels 1=701 JUL 1 2 2019 POP SECTION M D 213 i-4dA 2016 Google Earth RECEIVED JUL 1 ; 2019 KqP SECTION KlHD l Q 0 I I i� `FF• If .. y•.,(� c ��c� �i\ �'d�vl' I�q � �` 'r'� yq,�1 1 (� �� � o ����^r, 7 .. �•� f . �• 3r ; „r 41 nr I„ , G 1 ' . �' � r I I ,./�' ; r ids{' r;'•�ti�e��' F , i I � i11111y. � `QA` 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� _ Fr 1 ' , • ,�: ,y�ry,y r , , � • it} NN • � ) C ��S' Rr iW w � Av � 4 •� •'' i ' � �ti, C e tp GG�� • u • %.,�:i:'' , �yL+ \ .�. S\+t'.i `Y,� FBI 1 � JS 45�1� q0 W LL Lu C. ti �'�hJ'1J''. va t� •� p � t1!� ,k..r • �i'j 34i,Lij 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 Environmental.Review@ncdcr.gov 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, (919) 733-2698 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 (252) 264-3901 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.