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HomeMy WebLinkAbout10-19 Tale of Whale RestaurantClass Permit Number 10-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission PCM 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 Tale of the Whale Restaurant, 7575 South Virginia Dare Trail Nags Head NC 27959 ing development in Dare County at adi. to Roanoke Sound. at 7575 S. Virginia incl. Head as requested in the permittee's application dated 2/12/18 (MP-1) & 1/12/18 1, 4-6 of 6 dated 1/12/18. & Sheet 3 of 6 mit, issued on February 12, 2019 , is subject to compliance with the application (where of 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 I, 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 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) ,emit action may be appealed by the permittee or other persons within twenty (20) days of the issuing date. permit must be accessible on -site to Department iel when the project is inspected for compliance. e work or project modification not covered further Division approval. work must cease when the permit expires on December 31, 2022 this permit, the State of North Carolina agrees that is consistent with the North Carolina Coastal t Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Brax o C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Tale of the Whale Restaurant Permit No.10-19 Page 2 of 2 ADDITIONAL CONDITIONS 3) This pennit authorizes a maximum of 4 formalized boat slips. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adj acent 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 Quality Certification 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. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant Type: (check all that apply) New Major Mod_ Permit # Minor Mod_ Renewal_ Transfer. Permit Coordinator: Field Represe Date Time Message yl(6I(8 Ial4td ib Ja,� C.ec! 1�r�tlo�� as/ka6o� ��o/rtwenis. G CCi�j surfcmv�•' d� GrYv�. skould �a..� �eGn NG`cg �14c�. ��/�� G/Y �c(<<b�.l•� � �cl`FF c�,5cuss . �x«� rp 4W 4 � 1f ft (4 reo;w f C-�fs 14re� wi g by ►EpP�i�a��/i%� o��.c �cSS c� �ou�w s rcu: lcut� h� D�G� �0 " CA;�,.v,«r 2�'Atq ��D �orawva�S �� Coy, t Z��IIA 01� �1'ta+�k ltil� LQo 4It,,tu(I41S15,";,(s mALc� �flzlsf ,s�►s _ I,A,S� DCMCoordinator: &i' z Permit#: MAILING DISTRIBUTION SHEET Permittee:TA(eJAKe IWw(" l�efOuror% ['�o b« ;6^ 75-75- 5. ,'-t6w Irwii Hale 33 ��Ss �}�„J,,•lc Agents: Ural Erax�wan VA4y7 o2R# � Cow( 2795�j DCM Field Offices I Elizabeth City lvoaox (wr��a""f"" (with revised work plan drawings) '-Morehead City etL: trrofrrt��ey Washington 1 Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Berne, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Ctumbley (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@ncder.gov Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharron Gupton Tim Walton / Mike Moser Sheri Montalvo Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program RodneyButler v.,tty tQVQ* kcy.wy4*oPA%e.amd'dt.se-/ LPO: A#Aq &rwan 4At , Cpwaw tie. `�o Fax Distribution: Pertnittee #: a Agent#_ (NCDOT) Travis Wilson Coastal Management ENVIRONMENTAL QUALITY Tale of the Whale Restaurant c/o Dan Bibey 7575 South Virginia Dare Trail Nags Head, NC 27959 Dear Mr. Bibey: February 13, 2019 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Fj*a,E 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 150E 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 ofNorth Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Tale of the Whale Restaurant County: Dare LOCATION OF PROJECT: 7575 S. Virginia Dare Trail, Nags Head DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 03/02/18 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Yvonne Carver DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: ( Date: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 03/07/18 END OF NOTICE DATE: Comments due: 03/27/18 ADJ. RIP. PROP NOTICES REC'D: DEED RECD: APPLICATION ASSIGNED TO: �^aorc� 04 � ON: C) 75 DAY DEADLINE: ✓� /6 /��`I tt;1 kq oK kJA Sja'jg 150 DAY DEADLINE: MAIL OUT DATE: Circulation: 03/02/18 b% i1ov 2 SIINSTATE DUE DATE: Comments due: 03/23/18 FEDERAL DUE DATE: izi3 S FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 3 L /g 1 Ic / ( mws &'Z, 5i cW ezj Coastal Management - LUP Consistency '5/7/15 t siSlr�+ Division of Community Assistance 3//20ll$ rW Land Quality Section--DEMLR 3�i ($ X D WR/DWQ — Aquifer Protection DWR/DWQ - Storm Water DWR— PublicWaterSupply 3/7($ h State Property Office 3/7 /g (L IMY Division of Archives & History —Cultural Res. Division of Env. Health —Shellfish Sanitation Division of Highways --DOT Wildlife Resources Commission i lZ/lg Permit Office/Planning Dept. �na (Kcs Slie, 2F � /ijb,*W DMF—DCM Fisheries Resource Specialist Corps of Engineers 5117I1$ -H[:! '101g Vlo 5 2018 c{ol Nr fto zvd�- ull V2' 4110& .HC% CITY Bodnar, Gregg From: Andy Garman <andy.garman@nagsheadnc.gov> Sent: Thursday, February 07, 2019 3:48 PM To: Bodnar, Gregg Cc: Kelly Wyatt Subject: [External] RE: Tale of the Whale Attachments: Feb Boat slips at piers ord rev.docx icious email as an attach im Gregg, The Nags Head Board of Commissioners passed an ordinance yesterday that would allow restaurants to have docking facilities with up to four boat slips each in the C-2 General Commercial zoning district. This is the district that the Tale of the Whale restaurant is located within. The length of the docking facility can be no more than 200 feet in length measured from the shoreline not including the platform at the end of the pier. There are some other conditions which I have attached. Each applicant will need to receive a conditional use permit from the Nags Head Board of Commissioners before a final approval is granted. Based on these changes, we would not object to the issuance of a permit for this type of facility as long as it meets the criteria established by our ordinance. Please let me know if you need anything else. Thank you. Andy Garman Deputy Town Manager Town of Nags Head, NC 252-449-2006 From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, February 6, 2019 4:23 PM To: Andy Garman <andy.garman@nagsheadnc.gov>; Kelly Wyatt <kelly.wyatt@nagsheadnc.gov> Subject: Tale of the Whale Afternoon all, Hal Goodman, the agent for the owner of Tale of the Whale Restaurant contacted me today to let me know that the amendments have gone through the Town's processes and was asking when I can make a final decision. I mentioned to him that I would need revised comments from your office that would remove the Town's objection before we can move forward. While Kelly was the commenting staff originally, MR. Goodman mentioned that Andy was at the meeting. So to satisfy his request I wanted to touch base and let you know that I will need comments that remove the Town's objection to move forward. If you all need anything from me please do not hesitate to call. Thanks again, Gregg AD5, E Q� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2BOS ext 215 (Office) G reee.8 odnar(u@ncdenr.eov Email correspondence to and from this address is subject to the North Carolina public Records low and may be disclosed to third parties. F Ordinance No. 19-02-022 Boat slips at piers BOC Meeting February 6, 2019 GHW N011035 &I aa' 61H L 933 OF THE TOWN OF NAGS HEAD, NORTH CAROLINA (33AIMEIN ARTICLE I. Purpose(s) and Authority. WHEREAS, pursuant to N.C.G.S. §;160A-381, the Town of Nags Head (the "Town') may enact and amend ordinances regulating the zoning and development of land within its jurisdiction and specifically the location and use of buildings, structures and land. Pursuant to this authority and the additional authority granted by N.C.G.S. Chap. 160A, Art. 19 et. seq, the Town has adopted a comprehensive zoning ordinance (the "Town's Zoning Ordinance') and has codified the same as Chapter 48 of the Town's Code of Ordinances (the "Town Code'); and WHEREAS, pursuant to N.C.G.S. §1'160A-174 the Town may also enact and amend ordinances that define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the Town; and WHEREAS, A text amendment has been filed with the Town to add "Docking Facilities" as a permissible use within the Town of Nags Head. This use would allow restaurants (and other businesses) to have accessory piers with boats slips to allow patrons to visit by boat; and WHEREAS, the 2017 Comprehensive Plan states that the Town shall "review regulations in the Ocean and Sound Waters Overlay District and the Commercial Outdoor Recreation Overlay District to ensure proper use of the ocean and sound waters, including islands that adjoin the Town, to ensure the continued scenic, conservation and recreational value that these waters provide to the Town, its residents, visitors and the surrounding area (111-7)." This shall include a "review of, regulations for commercial boating and personal watercraft to maintain compatibility with adjacent uses and the estuarine environment" (LU-7a); and WHEREAS, the 2017 Comprehensive Plan states that the Town shall "ensure proposals for future commercial uses in the sound are not detrimental to the marsh, sound bottom, and submerged aquatic vegetation. Compatible sound uses will not increase turbidity in the water and will maintain overall water quality" (LU-8); and WHEREAS, the area affected by the proposed amendment is designated by the 2017 Comprehensive Plan as a SoundsW'i Activity Node which will support a variety of uses such as mixed -use development, restaurant, and hotel uses as well as land and water dependent recreation uses; and WHEREAS, the Town has historically been concerned with the environmental impacts as well as the safety and nuisances associated with water dependent uses; and WHEREAS, the Town must evaluate the competing goals of the Comprehensive Plan to ensure that recreation uses and activities for the enjoyment of residents and visitors maintain the Town's high standards for safety and environmental protection; and WHEREAS, the proposal to allow docking facilities includes sufficient conditions and safeguards (if the applicant's revisions are adopted) to ensure that the policies and actions contained in the 2017 Comprehensive Plan are preserved; and WHEREAS, the Town finds that the proposed amendment is/is not consistent with the Comprehensive Plan and the Town's desired development patterns and uses; and WHEREAS, the Town further finds that in accordance with the findings above it is in the interest of and not contrary to the public's health, safety, morals and general welfare for the Town to amend the Town's Zoning Ordinance and Town Cade of Ordinances as stated below. ARTICLE II. Construction. For purposes of this ordinance amendment, underlined words (underline) shall be considered as additions to existing Town Code language and strikethrough words (stfike#weu0) shall be considered deletions to existing, language. Any portions of the adopted Town Code which are not repeated herein, but are instead replaced by an ellipses shall remain as they currently exist within the Town Code. ARTICLE III. Amendment of Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Town Code shall be amended as follows: r- Ordinance No. 19-02-022 Boat slips at piers BOC Meeting February 6, 2019 PART I. That Section 48-7, Definitions of Specific Words and Terms, be amended as follows: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial marina means any publicly or privately owned dock, basin or wet storage facility constructed to accommodate mooring for more than four boats whiEh are Het feF exelusoye use of the'an'_-•••.e- -' or providing, but not limited to, any of the following services for a fee: Permanent or temporary transient docking spaces, dry storage, fueling facilities, haul -out facilities and repair service. Site plans which have been approved by the board of commissioners for outdoor recreational uses are not considered a commercial marina. Docking Facility means any publicly' or privately owned dock basin or wet storage facility constructed to accommodate mooring for four or less boats as an accessory to a principal commercial use. PART II. That Section 48-407, C-2 General Commercial District, be amended as follows: (c) Conditional uses. The following uses shall be permitted by right in the C-2 district: (14) Docking facility as an accessory use to a restaurant only. provided that the following conditions are met: a. There shall not be more than one docking facility per lot. b. Docking facilities may riot provide any of the following services: permanent docking spaces, overnight mooring, dry storage, fueling facilities, haul -out facilities repair services or any other water dependent commercial -outdoor recreational use. c. Boats slips shall not utilized to satisfy the required parking for the principal use. d. Piers and slips shall be Nmited in length to 200 feet measured perpendicular to the shoreline from the normal water line. This distance is not inclusive of the platform at the end of the facilittj% e. There shall be 30 inches of water depth relative to the normal water level adjacent to all boat slips and boat access areas. f. The docking facility shall include a designated No Wake Zone that shall be extended 600 feet measured perpendicular to the shoreline from the normal water line There shall be a No Wake Zone sign conspicuously posted on the facility. RECEIVED FEB 7 2019 MP SECTION MHD Bodnar, Gregg From: Kelly Wyatt <kelly.wyatt@nagsheadnc.gov> Sent: Friday, May 11, 2018 8:48 AM To: Bodnar, Gregg Cc: Andy Garman Subject: [External] RE: CAMA Application for Tale of the Whale Good Morning Gregg - In reviewing the application I do not believe this request would be able to receive a zoning permit once it got through the CAMA Permitting process. While I am aware that CAMA classifies a marina as 10 or more slips, the Nags Head Town Code does not place a cap on the number of slips but more of how it operates — see below: Town Code Section 48-7, Definitions of Specific Words and Terms Commercial marina means any publicly or privately owned dock, basin or wet storage facility constructed to accommodate mooring for boats which are not for the exclusive use of the landowner and providing, but not limited to, any of the following services: Permanent or temporary transient docking spaces, dry storage, fueling facilities, haulout facilities and repair service. Site plans which have been approved by the board of commissioners for outdoor recreational uses are not considered a commercial marina. Based upon the application request for a pier, cantilevered benches and 6 wet slips for "Construction of Transient Pier for Restaurant Patrons" —1 do not believe the proposal is zoning compliant. The pier cannot provide permanent or temporary transient docking spaces. Again, while I understand this may meet the CAMA regs, the Zoning Permit could not be issued if applied for as its currently requested. Please let me know if you have any additional questions. Thank you, Kelly Kelly Wyatt, CZO, NCUD Deputy Planning Director 8L Zoning Administrator Town of Nags Head Department Phone: 252-441-7016 Direct Phone: 252-449-6042 Fax: 252-441-4290 Email: Kelly wvatt(cbnaashgadnc.gov Website: www.nagsheadnc.gov From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, April 16, 2018 11:47 AM To: Kelly Wyatt Cc: Lily Nieberding Subject: CAMA Application for Tale of the Whale Morning Kelly, I have been trying to track down if your office had received a copy a Major Permit Application for Tale of the Whale Restaurant. I believe that it was sent to Dare County in error. I spoke with Lily and she is looking into it, but I thought that in case you did not receive the application I thought I would send a copy for your review ASAP so you have as much time as needed to review. Typically we send a formal memo for comments that you can reply to, but in this case an email with any comments will be perfect. If you have any questions or need anything else that I might have missed please let me know. Thank you so much for the help, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greaa.Bodnar(a).ncdenr.aov 400 Commerce Ave Morehead City, NC 28557 W�� Nothing Compares. %.- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. d "), I,JW42, z6astaiMdhaggment MIROHNEHTM; QUAU,TY ,March, 2, 2018 ReceiviMt: 0311.110/26118 ,Statd HistoicTri.o.s6rvation Gffice: RECEIVED MAY 1 5 2018 MP SECTION MHD ROY COOPER MICHAEL S.:REGAN 'IiRAX-TOA t:. DAVIS 1)"W ER 18-0558 M - F 14 Du'le, 3/27/18 'TO: fkdn0e,Qledhill-Earfy NC.Depa]rtrncnVqf Cultural Resources Oo( VC0, Pikow Doug Huggeti, MqjotPcftits'C6,ordinator c/o Gregg-Bdaffar, iAssistaht'Mijo Permits Coordinator j, bivisio'n­,of Coastal Management SUBKC.T-:, CAMATermit Application kcV,i6w Appliqa4it", Tale of •the Whale Restaurant Project Locationr 7575 S. Virginia Dare Trail; Dare,County Pr9posed'F - Fojject: 'Construct a 72'x6' pier;46antilevcrcd henches.and-6 We sling 01!*se4ndicateibel . ow your agency's positi0a.dr viewpoint on thie.proposed project and return, form by , - , 03/23/1810 400-Commerce-Ave ue,.Mor . chead City, . NC2 , 8557 (fak: 252-247-33 q questio - proposed ictYvorihe Carver aQ, iv any gar4 - .- -11- If you'h - " questions ing the prop protect; please cont 2643901-.. When a'p-pr-o&iatej i -dept4cormnepts,'with supporting data are requested. REPLY::. T i I s.ggercy has.no q I bjection,to,the project as,proposed. h Pi Thig a he,propose, L agency comment on projec t proposed' project. —ag-endy..app'to . yes of the pTdj;qt'only if the recommended cfiangq'sare incorporated.;� See attached: 'this, ggency'.o bjects.tu the.project,for reasons describe&inthe -attached eornincrits. SIGNED Il>f DATE ``'N othing "Nothing Compares MAR 2 0 Me State ammh Cw0lim I EW10nmenmi Quality I CoastalM=bemm 401 SJO,iffin %t.. SIv 3DO I 156bmh City, NC 47909 252-264-39011252-331-2951 INA ROY COOPER K� ru MICHAEL S. REGAN -"clan Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Urrrv�nm 704 ue:.1Krow, TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Frank Jennings, District Manager :Ji Northeastern District, Division of Coastal Management FROM: Yvonne Carver, Field Representative DATE: 03/23/2018 SUBJECT: Tale of The Whale, Major Permit Application Recommendations The development site is located at 7575 S. Virginia Dare Trail in Nags Head, Dare County, and is adjacent the Roanoke Sound. Existing structures onsite include a restaurant building, paved parking, bulkheading, deck, dock and gazebo. Currently there is approximately 2,115 square feet (sq of existing shading of open water habitat. This includes the following calculations: Octagon -shaped Gazebo at the end of existing pier: 631 sf Note: actual deck coverage of Gazebo noted = 461 sf Pier/dock area with cantilevered benches 660 sf 38'x6' Walkway 228 sf Triangular platform on left 132 sf 24'x6' Walkway 144 sf 19.3'x5.5' Walkway 106 sf 38.9'x5.5' Walkway 214 sf The applicant is proposing the construction of a 72'x6 pier with 4-8'x2' cantilevered benches. The location of the proposed pier will connect to the southern end of the existing gazebo, providing boaters with access to the restaurant. The total length of the existing dock/gazebo structure measures 93' from the bulkhead, and the final length of the pier/docking facility after construction of the transient pier would be approximately 165'. Six 'wet slips' are also proposed for transient boaters that may visit the restaurant. The additional pier/benches will add 496 sf of shading of open water habitat, for a new total of 2,611 sf. Nothing Compares RECEIVED Slate of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fa] MAR 2 9 2018 DCM- MHD CITY 0 Tale of The Whale, Major Permit Recommendations Division of Coastal Management Page 2 of 5 03/23/18 The development proposal involves the Estuarine Waters and Public Trust Areas AECs I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this proposal, and my findings are as follows: 15A NCAC 07H .0206 ESTUARINE WATERS (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. The request is consistent with the intent of this rule. 15A NCAC 07H .0207 PUBLIC TRUST AREAS (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. The request is consistent with the intent of this rule. Tale of The Whale, Major Permit Recommendations Division of Coastal Management Page 3 of 5 03/23/18 15A NCAC 07H .0208 USE STANDARDS (b) Specific Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; The request is consistent with the intent of this rule. (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot (Ift) of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; Consistent: The addition of a 72'x6' (432 sf) pier and 6 wet slips for transient boaters would be excluded from the maximum sf of shaded impact; therefore, the development proposed will not result in any additional applicable shading. (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; Consistent: The pier will be 6' in width, and will not be located over any coastal wetlands. (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; (E)The total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; Consistent: No boathouse or boat lift is proposed. (F)Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; Consistent: No roof or 2"d story use is proposed. RECENED MAR 2 9 2018 DC►A' MHD CITY Tale of The Whale, Major Permit Recommendations Division of Coastal Management Page 4 of 5 03123118 (G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The pier extension would bring the total length of the pierldeck structure to 165'. A 200' pier is located along the same shoreline at the establishment of Intercon Inc., near the Washington Baum Bridge. (ii) not extending into the channel portion of the water body; and Consistent: The pier extension will not extend into a channel. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed pier extension meets the intent of this rule. (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Measurements to determine lengths shall be made from the waterward edge of any coastal wetland vegetation that borders the water body; Consistent: The proposed pier is less than 200'. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The minimum setback provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co applicants... Consistent: The proposed pier is outside of the 15' riparian corridor. r - - Tale of The Whale, Major Permit Recommendations Division of Coastal Management Page 5 of 5 03/23/18 (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: No shellfish franchise/lease is involved. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans to construct a pier extension with cantilevered benches and wet slips at the Tale of The Whale meet the intent of the rules of the CRC. I recommend a permit be issued with standard permit conditions to the Tale of The Whale. aECENED P;IAR 2 9 2018 DCWI- MHD CITY Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, March 21, 2018 4:38 PM To: Bodnar, Gregg Subject: CAMA Major Tale of the Whale Restaurant proposed pier and wet slips- Dare County Greg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 /'Nothing Compares.. _ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED Coastal Management MAR 2 0 2018 ENVIRONMENTAL QUALITY March 2,2019 NIP SECTION MHD MEMORANDUM R'OY COOPER Goremnr MICHAEL S. REGAN SrciNory BRAXTON G. DAVIS Dircdor TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division'of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Tale of the Whale Restaurant Project Location: 7575 S. Virginia Dare Trail; Dare County Proposed Project: Construct a 72'x6' pier, 4 cantilevered. benches and 6 wet slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/23/18 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252 247 3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: /This agency has no objection to the project as proposed. L- 'Phis 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 `Nothing Compares.,., State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin SL, Ste 3001 Elba6eW City, NC 27909 252-264-39011252-331-2951 lful � , a r." Coastal Management ENVIRONMENTAL OUALITV March 2, 2018 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Semlary BRAXTON C. DAVIS Duecmr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Tale of the Whale Restaurant Project Location: 7575 S. Virginia Dare Trail; Dare County Proposed Project: Construct a 72'x6' pier, 4 cantilevered benches and 6 wet slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. 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 obj is to the oject for reasons described in the attached comments. x S E 1= t SIG D DATE 2_018 RECEIVED RE,CEiVED LIAR 1 d 2018 MAr 2018 'Nothing Compares P SECTION IU! fi ® State of North Carolina I E nvinnunental Quality I Coastal Management DC �q _ NI H D CITY 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Coastal Management ENVNIONMENTAL QUALITY 11t41LOIZIAIL 1 111L TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner Division of Coas al Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by Tale of the Whale Restaurant to construct a 6 foot wide by 72 foot long pier with four (4) 2 foot wide by 8 foot long cantilevered benches and install six (6) wet slips on the Roanoke Sound; at 7575 S. Virginia Dare Trail, in the Town of Nags Head. DATE: March 7. 2018 Consistency Determination: The request is consistent with/not in conflict with the Town of Nags Head 2010 Land Use Plan certified by the CRC on February 24, 2011 as amended through December 12, 2013. Overview: The subject property consists of a 1.33 acre site with approximately 298 linear feet of shoreline along the Roanoke Sound. Water depths range from -1.5 to -2.5 feet below Normal Water Level NWL at the shoreline to -3.2 to -4.1 a distance of 165 feet from the shore. The property has an elevation of approximately 4.5 feet above NWL. Existing site improvements consist of a restaurant structure, paved parking area, and associated infrastructure. Existing shoreline improvements consist of a bulkhead, dock, and a pier/platform with terminus gazebo that extends 93 feet from the bulkhead. Installation of the pier, platform, and gazebo was authorized under CAMA Major Permit #236-87, bulkhead was authorized under CAMA Major Permit #183-06, and reconstruction of the pier, platform, and gazebo after Hurricane Irene was authorized under CAMA General Permit A58935. Construction of a 6 foot wide by 72 foot long pier with four (4) 2 foot wide by 8 foot long cantilevered benches and installation of six (6) wet slips are proposed. The pier will extend from the gazebo. The slips will be for the use of transient boaters visiting the restaurant. The waters of the Roanoke Sound in this area are classified as SA and High Quality Waters (HQW) and are closed to shellfish taking. There were no observed areas of Submerged Aquatic Vegetation (SAV) within the project area. There are no known archaeological resources on the property. Anticipated Impacts resulting from this project are expected to include: the shading of 496 sq. ft. of PybJ�cJryLs�Area/Estuarine Waters Area of Environmental Concern (AEC). Rteg��/ D RECEIVED IAA 1 4 2018 Nothing Compares MAR 12 2018 State of North Carolina I Environnumal Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 M �J D CITY MP SECTION MHD 2522643901 DCM_ North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 Basis for Determination: The Town of Nags Head Future Land Use Map identifies the subject property as "Commercial'. The project area is located entirely within the Roanoke Sound. A glossary of terms used in the policy statements is provided on Page 91. These include: Consider: reflect on, take into account Recognize: knows Shall: required to do Will: to indicate likelihood or certainty Will: to indicate likelihood or certainty The following LUP policies may be applicable to this request: Land Use Compatibility: Policy 7, Page 98. "The Town considers the following types of development as not desirable in Nags Head and they will not be permitted: Dry stack boat storage, floating homes, large (more than ten boats) commercial boat marinas, finger canals, upland excavation for boat marinas, forestry practices in Nags Head Woods (SED-80), mooring buoys to accommodate transient visitors." Water Quality: Policy 6, Page 103. "The Town will comply with State rules regarding protecting open shell fishing waters and restoring closed shellfishing waters." RECEIVED MAR 1 1 2018 Nothing Compares.. t. State of North Carolna I Envi onmental Quality I Coastal Management 'v t C T i ®N �MRpgeEm' Office 1 401 South Griffin Street, Suite 300 1 Elizabeth Chy, North Carolina 27909 252 264 3901 i �0 � Its v ti CD n R m v ,Yv Coastal Management ENVIRONMENTAL QUALITY March 2, 2018 MEMORANDUM TO: REGMVECA�"DENRIDWft MAR 6 2010 Wator. Quality Regional Operations Section Washington Regional Office ROY COOPER Governor MICHAEL S. REGAN" Secrelary BRAXTON C. DAVIS Orrei7or Anthony Scarbraugh, DWR - Water Quality - 401, WaRO FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar,, Assistant Major PermitsCoordinator Division of Coastal Management SUBJECT`. CAMA Permit Application Review Applicant: Tale of the Whale Restaurant Project Location: 7575 S.'Virginia.Dare Trail; Dare County Proposed Project: Construct a 72'x6' pier, 4 cantilevered benches and 6 wet slips Please indicate below your agency's;position or viewpoint on the proposed,project and return this form by 03/23/18 to 400 Commerce Avenue Morehead City- NC 28557 (fax: 252-247-3330). Ifyou.have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. 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 fI comments. SIGNED "'Q kr...`t CLI 3,r, \ DATE M r� `a , 4011 ''Nothing Compares_..,..,.. MAR 1 2 2018 State of North Carolina l Environmental Quality,I Coanal Management - 401 S. Griffin St., Ste 3001 Elisabeth City, NC 27909 252-264-39011252.731-2951 [fax] It North Carolina Department of Administration State Property Office March 7, 2018 To: Gregg Bodnar Major Permits Processing Coordinator From: Joy Waym Real Property A t Re: CAMA Permit Ap 'c tion Review Applicant — Tale of the Whale Restaurant Commercial Use - Pier, 4 cantilevered benches, 6 slips Machelle Sanders Secretary Tim Walton Director Reply: The project will require a Submerged Land Easement, provided it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. Please confirm that the proposed facilities are not located within the USACE AIWW 1000' easement area. RECEIVED MAR 1 d 2018 N'-P SECTION MHD State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mail Service Ctr I Raleigh, NC 27699 919 807 4650 T A110 ®HW -tNoa 8101 ti I 8VA 03AI3038 Coastal Management ENVIRONMENTAL QUALITY March 2, 2018 TO: Tim Walton, Director State Property Office RECEIVED MAR 06 2018 DOA STATE PROPERTY OFFICE ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Li vaor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Tale of the Whale Restaurant Project Location: 7575 S. Virginia Dare Trail; Dare County Proposed Project: Construct a 72'x6' pier, 4 cantilevered benches and 6 wet slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: co141kW4011 ReARIV SIGNED 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. RECEIVED DATE MAR 1 4 2018 'Nothing Compares State of North Carolina I Fmironmental Quality I Coastal Management betb City, NC 27 MP SECTION !1 HD40]S. Griffin2522t64-3011� 1-295 Ifu]909 RECE���EC MAR 12 NIB DC�_ MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Coastal Management Director ENVIRONMENTAL QUALITY March 2, 2018 MEMORANDUM TO: Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review MAR - 7 2018 Applicant: Tale of the Whale Restaurant Project Location: 7575 S. Virginia Dare Trail; Dare County - Proposed Project: Construct a 72'x6' pier, 4 cantilevered benches and 6 wet slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. 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 17/�I l RECEIVED MAR 0 9 2018 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252.2643901 1252331.2951 [fail Kra Coastal Management ENVIRONMENTAL QUALITY March 2, 2018 MEMORANDUM HECEIVEp/NCUI:NR/DIyR MAR q 2018 Wat'c, opaqgf %NII8111n$jOnC7: GC'Uon21 '8910nal O57 .. Clif Whitfield, Environmental Engineer DWR—Public Water Supply Section, WaRO ROY COOPER Goeemor MICHAEL S. REGAN Semiary BRAXTON C. DAVIS Director FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator . Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Tale of the Whale Restaurant Project Location: 7575 S. Virginia Dare Trail; Dare County Proposed Project: Construct a 721x6e pier, 4 cantilevered benches and 6 wet slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. 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 C, ���y DATE /' 0( - "'Nothing Compares. Stain ofNoUh Can limn I Envh=mtel Queldy I CoaeW Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331.2951[&XI 4�1 ROY COOPER covemo. EL S. REGAN MAR` ` / Secretary shellfshs �ro E2018 s TON C. DAVIS Coastal Management water n anitati Director J ENVIRONMENTAL QUALITY V(/a/l't, ar March 2, 2018 MEMORANDUM TO: Shannon Jenkins Environmental Health- Shellfish Sanitation FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Tale of the Whale Restaurant Project Location: 7575 S. Virginia Dare Trail; Dare County Proposed Project: Construct a 72'x6' pier, 4 cantilevered benches and 6 wet slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/23/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. 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. l SIGNED t/ G�� all, l DATE 3 & 11 cg f�2 Sh"rlW RECEIVED -' -,Nothing Compares - MAR 0 8 2018 State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin 5t2-264d901112 ElizabethI-295 (fax] DC M- M H D CITY May 17, 2018 Regulatory Division Action ID No. SAW 2018-00466 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Dan Bibey and the Tale of the Whale Restaurant construct a 72' long by 6' wide pier with 6 associated boat slips, in the Roanoke Sound, adjacent to Tale of the Whale Restaurant, in Nags Head, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 5. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 7. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices, around all areas subject to soil disturbance or the movement of earthen fill, and the immediate 'stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemuttee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management Coastal Management ENVIRONMENTAL QUALITY March 2, 2018 ,MEMORANDUM TO: G . Io. i73,09 , c) Maria Tripp.Dunn NO Wildlife Resources Commission ROY COOPER Fmrmm MICHAEL,S. REGAN 'Srcretaq BRAXTON G. DAVIS, Din'dor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits. Coordinator Division of Coastal Management SUBJECT: Applicant: Project Location: Proposed Project: Please indicate below CAMA Permit Application Review Tale of the Whale Restaurant 7575 S. Virginia Dare Trail; Dare County Construct a 7Tx6' pier, 4 cantilevered benche&iind 6 wet slips, agency's position or:viewpoint on the proposed project and retumthis form by 03/23/18 to 400 Commerce Avenue, Morehead City, INC ZS557 ttaX: L5L-L47-335U1, If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. '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-i' 1 DATE-72-�J1fS -,:--' "Nothing, Compares --,, State of North Carolina i Ervironiueotal Quality (.Coastal Management` 401 S. Gn(lmSt., Ste .3001ElGabetli City, NG27909 -252-264-3901 1252-331-2951 [fax). rr RECEIVED Coastal Management P9AR 0 6 7013 ENVIRONMENTAL QUALITY DCM-Fisheries WARD March 2, 2018 MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO ROY COOPER Gomemor MICHAEL S. REGAN . . se—tary BRAXTO.N C. DAVIS Dimaor. RECEIVED MAR 1 2 2018 MP SECTION MHD FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Tale of the Whale Restaurant Project Location: 7575 S. Virginia Dare Trail; Dare County Proposed Project: Construct a 72'x6' pier, 4 cantilevered benches and 6 wet slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 03/23/18 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Yvonne Carver at (252) 264-3901. 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 jll Z Xe -^'Nothing Compares.' state ufNorth Carolina I Fmvuunmuota: Quetta I Coasw M=Pment 401 S. Gri6m St., Stu 30D 1 Elizabeth City, NC 279D9 252-264-39011252.331.2951 [fax] April 27, 2018 Tale of the Whale Restaurant ATTN: Mr. Dan Bibey 7575 S. Virginia Dare Trail Nags Head, North Carolina 27959 ROY COOPER Governor MICHAEL S, REGAN secrermy LINDA CULPEPPER Interim Director DWR Project # 2006-1111 v2 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Tale of the Whale Restaurant — Construct a 72'x 6' pier, adding cantilevered benches and 6 wet slips (boat). Dear'Mr. Bibey: You have our approval for the impacts listed below for the purpose described in your application dated January 12, 2018 and received by the Division of WaterResources (Division) on March 6, 2018. These impacts are covered by the attached Water Quality General Certification Number 4144 and the conditions listed below. This certification is associated with the use of Regional. General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, ------ - Discharge, and Water Supply Watershed regulations: This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The.following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. (15A NCAC 026.0506(b)(c)]] Type of Impact Amount Amount Plan Approved Approved location/ (units) (units) Reference Permanent Temporary Attached Open Waters 0.01(acres) 0 (acres) Sheet 1 of 1 -^s^Rlothing Compares _t, ' State of North Carolina IEnvironnam al Quality I Water Resources -Water Quality Regional Operation Section•Washington Regional Office 943 Wasliington.Square Mall, Waihington, Nonh Carolina 27899 252-946-6481 I AIC UP L IC, YV 1101C •11COLG 411 at 11 ATTN: Mr. Don Bibey a" DWRq'2006-1111 v2 401 APPROVAL Page 2 of 3 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4144. [15A NCAC 02B .0507(c)) Continuing Compliance 3. During construction of the proposed project,fueling,, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination byfuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 028.0200 (3)(f)). 4. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com( or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a,petition must be filed with the OAH. A petition is considered filed when the original and, one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5.00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 I OIC VI LIIC wua lC-L]CJLQNIOLR. ATTN: Mr. Don Bibey' DWR# 2006-1111 v2 401 APPROVAL Page 3 of 3 One (1) copy of the petition must also be served to DENR William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601. This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.ouliinaer ncdenr:eov if you have any questions or concerns. Sincerely; 'f r:k'! J4 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4144 Certification of Completion __cc:. _ Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Yvonne Carter, DCM Elizabeth City (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Hal Goodman, Construction Engineering Services (via e-mail: halRoodman@amail:com) DWR WaRO 401 files Laserfiche aroma er ems•...•, Z&O+ 7�fit, y) r i,.' �' 4+' Tr k°+.� '.r�s �"#•4f fu i�- � �s s t Sys 1I4q� Ye 1 M��rr�f`# n. 4' A i i j�py.� Apt�.p^ i'� a7�'`,is u h1 #x rdd t �9' V) ko' 1yt. �'?. , a Y F d P i� i DRAWN BY: H.G. PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT: NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC TALE OF THE WHALE RESTAURANT 1. S 8 S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 3 OF 6 DATE: 3-2-18 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4144 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF • REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT), • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048,198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3,12,13, 14, 18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4144 Is Issued In conformity with the requirements of Section 401, Public Laws 92=500 and 95-217 of the United States and subject to the North Carolina Regulations In 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The -State of North Carolina certifies that the specified category of activity will _not_violate applicable portions of Sections 301, 302, M, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 a for Linda Culpepper Interim Director GC4144 Activities meeting any one (1) of the following thresholds or circumstances require mitten aunroval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Activities authorized by CAMA permits, except for activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2600, and 2700, provided the following criteria are met for the activities listed below: 1) Boat Ramps and associated access (i.e. roads and parking lots) that Involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; 11) Shoreline protection measures (excluding. Ilving shorelines/marsh sills) that (1) tie into existing bulkheads, land or other shoreline protection measures or (2) do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will not Involve the excavation or fiiling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and Impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 squarefeet; Ili) Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30 feet, (2) the activity will not Involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative submits a copy of the written authorization for the General Permit to the Division upon Issuance; or Iv) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited In Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth Is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); v) Maintenance dredging of less than 0.5 acres of open water or non - vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi) Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item (v) above; vii) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii)Upland development which Involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than no Page 2 of 12 GC4144 more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling Impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and Ix) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence Is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; or c) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and investigation report to DWR for comment prior to the DMF Director's recommendation on the application for public notice or denial; or d) Any stream relocation or stream restoration; or e) Any high -density project, as defined in 15A NCAC 02H .1003(2xa) and by the density thresholds specified in 15A NCAC 02H .1017, which: 1) Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and 11) Proposes permanent wetland, stream or open water impacts; and lit) Proposes new bulk -upon area; and iv) Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater program2. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - Implemented stormwater programs through use of community in -lieu programs require written approval; or f) Any impacts except shading to SAV or significant shellfish resources as identified by the (DMF); or g) Any impacts Unique Wetlands (UWL); or h) Any Impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or i) Any Impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless. 1) The activities are listed as "EXEMPT" from these rules; or 11) A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or e.g. Coastal Counties, HQW, ORW, or state -Implemented Phase II NPDES e.g. Delegated Phase II NPDES, Water Supply Watershed, NutrientSensitive Waters, or Universal Stormwater Management Program Page 3 of 12 GC4144 III) A Buffer Authorization Certificate or a Minor Variance is Issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities Included In this General Cerllfication that do not meet one of the thresholds listed above do not require written approval. ACTIVITY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (262-946-6481) or Wilmington (910-796-7215) Regional Office, as applicable, are notified and provide approval prior to the release. [15A NCAC 02B .0221] 2. If this Water Quality Certification is used to access residential, commercial or Industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional Impacts to streams or wetlands. If required In writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (cx4)] 3. For road construction purposes, this Certification shall only be utilized from natural - high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H - - . --------:0500), NC Isolated Welland Rules (15A NCAC-02H-.4300), and/or State Regulated - -- - Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (cX4)] 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H .0506(b)(4) and (c)(4)] 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an Increase In sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the Immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain In full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(bx4) and (c)(4)] Page 4 of 12 GC4144 7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B .0221] 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high- density projects that trigger threshold Item (f) above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (cx5)] a. Provide a completed Stormwater Management Plan (SMP) for review and approval, including all appropriate stormwater control measure (SCM) supplemental forms and associated Items, that complies with the high -density development requirements of 15A NCAC 02H .1003. Stormwater management shall be provided throughout the entire project area In accordance with 15A NCAC 02H .1003, For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall Include a detailed analysis of the hydrological Impacts from stormwater runoff when -considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require -application to and written approval from DWR. II, GENERAL CONDITIONS: 1. When written authorization Is required, the plans and specifications for the project are incorporated Into the authorization by reference and are an enforceable part of the Certification, Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur In wetlands or waters beyond the footprint of the Impacts (Including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other Impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of Impacts approved In a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] 3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina Page 5 of 12 GC4144 General Statutes. impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when Impact thresholds trigger a mitigation requlrement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Compensatory stream and/or wetland mitigation shall be proposed and completed In compliance with G.S. 143-21,4.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be In compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall Incorporate appropriate Best Management Practices for the control of sediment and erosion so that no, violations of state water quality standards,, statutes, or. rules occur. [15A NCAC 02H .0506(bX3) and (c)(3) and 15A NCAC 02B .0200j Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites_., borrow sites, and waste pile _ (spoil) sites, Including contractor -owned or leased borrow pits associated with the project: Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORIN), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards In Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Page 6 of 12 GC4144 Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] 7. Erosion control matting that Incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201) 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project Is covered by this permit, full compliance with permit conditions Including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements Is required. [15A NCAC 02H .0806(b)(6) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be In full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stonmwater permit. [15A NCAC 02H .0508(b)(5) and (c)(5)] All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation In flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0508(b)(3) and (c)(3)] 10.If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0508(bX2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be Implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as Identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened specles habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11.Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic Iife movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the Page 7 of 12 GC4144 stream In connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. 115A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 Inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible Including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints Indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all aliemative options for flattening the slope have been Investigated and aquatic Igo movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert When bedrock Is present in culvert locations, culvert burial Is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, Including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be noted by phone or email within 24 hours of -discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result In destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Page 8 of 12 GC4144 12, Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. -Exceptions to this condition require application to and written approval from DWR. 115A NCAC 02H '.0506(b)(5)] 13.Applicatlon of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231 ] 14.If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that Inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B..0200] 15.AII proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary Impact is no longer necessary. The Impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily Impacted sites shall be restored and stabilized with native vegetation. (15A NCAC 02H .0506(b)(2) and (cK2)] 16.AII proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be Installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina . Surface -Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause,dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (6x2)] 17.Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rep or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 16.Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or .stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be Installed in the streambed except In "specific areas required for velocity control and to ensure structural Integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] ' Page 9 of 12 GC4144 19.Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405., 20.All mechanized equipment operated near surface waters shall be Inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be. staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 21.Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23.If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency j15A.NCAC.01C..0107(a)] 24.This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the. project, Including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 25.The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with g303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law Is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] Page 10 of 12 GC4144 26.The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit In the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, Including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 27.When written authorization is required for use of this Certification, upon completion of all permitted Impacts Included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website hftt)s://edocs.deci.nc.gov/Forms/Certificate- Completion). [15A NCAC 02H .0502(f)] 28.Additional site -specific conditions, Including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification In order to ensure compliance with all applicable water quality and effluent standards. 115A NCAC 02H .0507(c)] 29. if the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] Ill. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.313(e), written approval for a 401 Water Quality General Certification must Include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification Is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(ex7). This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to Interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of. water. This Certification shall not be Interposed as a defense In any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3.. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. 115A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in Page 11 of 12 GC4144 effect on the date of Issuance of Certification for a specific project shall. remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification Is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result In revocation of this General Certification for the project and may also result In criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, Including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded, History Note: Water Quality Certification (WQC) Number 4144 Issued December. 1, 2017 replaces WQC 4097 Issued March 6, 2017, WQC Number 3900 Issued March 19, 2012; WQC Number 3641 and 3642 Issued March 19, 2007, WQC Numbers 3371 and 3400 Issued March 18, 2002; WQC Number 3274 Issued June 1, 2000, WQC Number 3112 Issued February 11, 1997; and WQC Number 3025 Issued September 6, 1996. Page 12 of 12 t.a Water Resources a Environmental Quality DWQ Project No.: County: Applicant: Project Name: Date of.lssuance of Wetland ROY COOPER Govenrar MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources,1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, hereby state that, to the best of myabilities, due care and diligence was used In the observation of the construction such that the construction was observed to'be built within substantial compliance and Intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, hereby state that, to the best of my abilities, due care and diligence was used In the observation of the construction such that the construction was observed to be built within substantial compliance and Intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) In the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used In the observation of the construction such that the construction was observed to be bullt within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date -'NothingCompar,s.-.., , State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operotions Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 ' I IN MP-1 Received Received APPLICATION for Major Development Pei pit D M-EC (last revised 12/27/06) 0 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Tale Of The Whale Restaurant Project Name (if applicable) Transient Pier for Restaurant Patrons Applicant 1: First Name Dan MI Last Name BibeY Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 7575 S. Virginia Dare Trail PO Box City Nags Head State NC ZIP 27959 Country USA Phone No. 252-441-7332 ext. FAX No. Street Address (if different from above) City State ZIP Email 2. AgentContractor Information Business Name Construction Engineering Services, Inc. Agent/ Contractor 1: First Name MI Last Name Hal Goodman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.0.665 665 Manteo NC ZIP Phone No. 1 Phone No. 2 27954 252 - 473 - 9733 ext. ext. FAX No. Contractor # 252 473 4191 Street Address (if different from above) City State ZIP 33 Hammock Drive Manteo NC 27954 - Email halgoodman33@gmail.com on ri; <Form continues on back> MI`:!+ Q 5 2018 252-808.2808 .. 1.888-4RCOAST �F^^'"`: -e Y Form DCM MP-1 (Page 2 of4) Received APPLICATION for 1 Major Development Permit 3. Project Location DGM County (can be multiple) Street Address State Rd. # Dare County 7575 S. Virginia Dare Trail U.S. 64 Subdivision Name City te Zip Nags Head rNC 27959 - Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 441 - 7332 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Roanoke Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Roanoke Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Nags Head 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 298' 58,000 SF c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water leveo (If many lot sizes, please attach additional page with a list) 4.3' ❑NHW or ®NWL e. Vegetation on tract grass I. Man-made features and uses now on tract restaurant building, paved parking, bulkhead, dock/deck and gazebo g. Identify and describe the existing land uses adiacent to the proposed project site. Property to the west is a gas station / convience store the property to the east is a vacant undeveloped lot h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? General Commercial District (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Received Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? D (�9IY E C ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? DMEC r 1 Cis ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic system o. Describe existing drinking water supply source. Municipal water p. Describe existing stone water management or treatment systems. Existing on site detention 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The pier is to allow restaurant patrons arriving by boat to have easier access to the restaurant. Currently they must anchor or tie up to the existing gazebo and climb over the existing railing which is a safety issue. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It is to be stored. piles to support the pier are to be jetted into place from a barge and the pier will be framed with pressure treated lumber and decking. Material and equipment storage will be on the existing bulkheaded shoreline. d. List all development activities you propose. construction of 72' long pier with 4 cantilevered benches e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 0 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. The new pier will have no discharge. The existing site is bulkheaded along the shoreline and stormwater is confined to the site. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED 15 2018 252.808.2808 :: 1.888-4RCOAST :: www.nccoastaimanageme.,nt.net R^FAD CITY 0 Item.4 m (iii) — Environmental Professionals, Inc. provided a plat on 6-20-2006 for Major Permit Application #183-06. On that plat coastal wetland alignment was noted as 'flagged by CAMA in August 2005 and 404 wetland alignment was confirmed by USACOE on 5-3-2006'. Form DCM MP-1 (Page 4 of APPLICATION for Received Major Development Permit & Additional lnfonnadon }}--^ In addition to this completed application form, (MP-1) the following items "Magrtc@gla, must be submitted in order for the application package to be complete. Items (a) — M are always applicable to any major developme__nff application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name S 8 S Investments Group, Inc. Phone No. Address 4401 United Street, Greensboro, NC 27407 Name Stephanie Selckmann Phone No. Address 7808 S. North Shore Road, Nags Head, NC 27959 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. CAMA Major Permit #183-06, issued 11-2-2006, with General CAMA Minor Permit #03-007 issued by Town of Nags Head on Water Quality Certification No. 3400 issued 8-2-2006 and 2-11-2003 USACOE General Permit No. 1980000291 issued 8-18-2006 CAMA Major Permit 236-87, issued 124-1987 with USACOE CAMA GPA58935, issued 11-28-2011 General Permit No. SAWC080-N-0000291 h. Signed consultant or agent authorization forth, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _February 12, Print Name _Dan Signature � tr FOR DAM &Sey Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development n ®DCM MP-4 Structures Information 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaImanage=ri{ A! I t Y 0 t Received Form DCM MPA STRUCTURES DMEC (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑PublirJGovemment ❑Private/Community []This section not applicable b. (I) Will the facility be open to the general public? ®Yes []No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ONO (ii) Number 1 If yes: (iii) Length 72' (ii) Number (iv) Width 6' (iii) Length (v) Floating ❑Yes ONO (iv) Width (v) Floating []Yes []No e. (i) Are Platforms included? ❑Yes ONO f. (i) Are Boatlifts included? ❑Yes ONO If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width _ (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 6 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 6 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: It, Typical boat length: 22' m. (i) Will the facility have tie pilings? ❑Yes ONO (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout. skiff & center console I. (i) Will the facility be open to the general public? ®Yes ONO REG MAR 0 5 Z018 DCM- NIHD CCTV 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 1 Form ®CM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons; Number. ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? Received m. Is the marina/docking facility proposed within a primary or secondary nursery area? [-]Yes [--]No DM EC 252-808-2808 :: 1-888.4RCOAST :: vvvvvv.nccoastalmanacement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marina/docking facility proposed within or adjacent to 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 OWL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lilts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (if) Number (III) Length (iv) Width _ Note: Roofed areas are calculated from dnpfine dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from Ni NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Received RL"GENE® wi 924 ^_; MAR 0 5 2018 ®CM-ECLCM- MHO CITY 252-808-2808 :: 1.888-4RCOAST :: wv^vmccoastalmanaaement.net revised: 12/27/06 Form ®CM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 80' to west property line, 195' to east property line 950' to the west, 580' to east Note: For buoy or mooring piling, use arc of swing including length of vesse/. c. Width of water body Approx. 1495 at narrowest point e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 3' 8. OTHER . ®This section not applicable a. Give complete description: 1-12-2018 Date Tale of the Whale Restaurant transient pier for patrons Received Project Name Dan Bibey Applican Name (� DC 'EC Applicant Signature 252.808-2808 ;: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12127/06 VICINITY MAP] v vy m P F; MAR 0 5 2018 12 'yL Whalebone Roanoke lalentl 'Y Fa,uval Park 'y ATLANTIC OCEAN 1 CaPa �ry Tf Shallowbag Bay Roanoke Sound PROJECT SITE Hake rai' Ory I y, / / • cA� 12 1&� 1 Skyco Data use subject to license. D DeLorme. DeLorme Street Ages USA® 2015. rmxW.delorme.com PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S & S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN Brmd Creek p Sad ek ch Received DCM-EC Scale 1 : 50,000 CONSTRUCTION OF CONST OF OPEN PILE PIER IN: ROANOKE SOUND TRANSIENT PIER FOR AT: NAGS HEAD/MANTEO CAUSEWAY RESTAURANT PATRONS 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: 1-12-18 s PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC TALE OF THE WHALE RESTAURANT 1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 2 OF 6 DATE: 1-12-18 z r d DRAWN BY: H.G. PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC TALE OF THE WHALE RESTAURANT 1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 3 OF 6 DATE: 3-2-18 Received D C I PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S & S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN 2'k6" P.T. DECKING w/ 3" STAINLESS SCREWS TREAT _ TO AWPA UC387 d �7HEADEF r. TIESAILSMEMBEREADERF PILE) UC48 JAM TYPICAL CROSS SECTION OF PIER SCALE: 3/8" =1'-O" CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 2N5" P.T. STRINGERS TREAT TO AWPA UC35 5/8" DIA. GALV. TIMBER. BOLT 5/8" DIA. GALV. BOLT w / WASHER (TYP.) 8" DIA. (BUTT) P.T. TIMBER PILE Gil V c-c 8' MIN. EMBEDMENT Received DMEC DRAWN BY: H.G. CONST OF OPEN PILE PIER IN: ROANOKE SOUND AT. NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 4 OF 6 DATE: 1-12-18 u 4_ C 2 LL G C LL µK Z Q l% ti Q L 2-2'k12" P.T. HEADER (1 EA. SIDE OF PILE) FRAMING PLAN OF PIER AT BENCHES SCALE: V4" =1'-O" 2'116" P.T. ANGLED BACK REST SUPPORT n6" P.T. BENCH STRINGER 2'k6" P.T. FLUSH 2_ 0" (Ty?. P.T. POST BOLT TO H TO HEADER w/ (2)1/2" DIA. GALY. BOLTS ADD mV,? P SOLID BLOCKING 2-2'ki2" P.T. HEADER vSIDE OF PILE) 2'k6" P.T. DECK BOARDS I Received eeeived FRAMING PLAN FOR BENCHES SCALE: IM'=1'-0" - ��yygg.. DMEC ��pp a i�� EC DRAWN BY: H.G. PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT: NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC 1. S & S INVESTMENTS GROUP TALE THE WHALE RESTAURANT 7575 S S. . VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 6 OF 6 DATE: 1-12-16 2'W P.T. STRINGERS @ 16" c-c 2 W' P.T. DECK BOARDS — n6" P.T. BENCH \ _ STRINGER 0 �1 2'k6" P.T. DECK BOARDS a 1 o 1 of �o I I I O 1 O1 101 2-2'k12" P.T. HEADER (1 EA. SIDE OF PILE) CANTILEVERED 16" FOR BENCH —J PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S & S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN 8" BUTT DIA. P.T. PILES 0 8' c-c (TYP.) CUT OFF SET PILES PILE AT UNDERSIDE ' AT BENCH OF DECK TYPICAL SECTION AT BENCH SCALE: 3/4" = T-O" CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 P.T. CAP """ P.T. BENCH STRINGER 2'k6" P.T. FLUSH 0 2'-0" c-c n6" P.T. POST BOLT TO HEADER w/ (2)1/2" DIA. GALV. BOLTS PROVIDE SOLID P.T. BLOCKING N ceived DMEC DRAWN BY: H.G. CONST OF OPEN PILE PIER IN: ROANOKE SOUND AT NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 6 OF 6 DATE: 1-12-18 Bodnar, Gregg From: Hal Goodman <halgoodman33@gmail.com> Sent: Friday, May 11, 2018 1:30 PM To: Bodnar, Gregg Cc: Carver, Yvonne Subject: Re: FW: [External] RE: CAMA Application for Tale of the Whale Greg & Yvonne: Please put this application on hold until we get this resolved with the Town of Nags Head. Thank you. On Fri, May 11, 2018 at 12:50 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: FYI From: Kelly Wyatt [mailto:kelly.wyatt@nagsheadnc.govl Sent: Friday, May 11, 2018 8:48 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Andy Garman <andv.garman@nagsheadnc.gov> Subject: [External] RE: CAMA Application for Tale of the Whale Good Morning Gregg - In reviewing the application I do not believe this request would be able to receive a zoning permit once it got through the CAMA Permitting process. While I am aware that CAMA classifies a marina as 10 or more slips, the Nags Head Town Code does not place a cap on the number of slips but more of how it operates — see below: Town Code Section 48-7, Definitions of Specific Words and Terms Commercial marina means any publicly or privately owned dock, basin or wet storage facility constructed to accommodate mooring for boats which are not for the exclusive use of the landowner and providing, but not limited to, any of the following services: Permanent or temporary transient docking spaces, dry storage, fueling facilities, haulout facilities and repair service. Site plans which have been approved by the board of commissioners for outdoor recreational uses are not considered a commercial marina. Based upon the application request for a pier, cantilevered benches and 6 wet slips for "Construction of Transient Pier for Restaurant Patrons" — I do not believe the proposal is zoning compliant. The pier cannot provide permanent or temporary transient docking spaces. Again, while I understand this may meet the CAMA regs, the Zoning Permit could not be issued if applied for as its currently requested. Please let me know if you have any additional questions. Thank you, Kelly Kelly Wyatt, CZC, NCLID Deputy Planning Director & Zoning Administrator Town of Nags Head Department Phone: 252-441-7016 Direct Phone: 252-449-6042 Fax: 252-441-4290 Email: Kelly.wyatt@naosheadnc.00v Website: www.nagsheadnc.00v From: Bodnar, Gregg rmailto:gregg.bodnar@ncdenr.gov] Sent: Monday, April 16, 2018 11:47 AM To: Kelly Wyatt Cc: Lily Nieberding Subject: CAMA Application for Tale of the Whale Morning Kelly, I have been trying to track down if your office had received a copy a Major Permit Application for Tale of the Whale Restaurant. I believe that it was sent to Dare County in error. I spoke with Lily and she is looking into it, but I thought that in case you did not receive the application I thought I would send a copy for your review ASAP so you have as much time as needed to review. Typically we send a formal memo for comments that you can reply to, but in this case an email with any comments will be perfect. If you have any questions or need anything else that I might have missed please let me know. Thank you so much for the help, Gregg Gregg Bodnar. Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(a)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 r -^,-'"Nothing Compares.� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Hal Goodman, P.E., SECB CONSTRUCTION ENGINEERING SERVICES, INC. (252)473-9733 Fax: (252) 473-4191 E-mail: halaoodman33@amail.com Bodnar, Gregg From: Hal Goodman <halgoodman33@gmail.com> Sent: Friday, February 08, 2019 5:02 PM To: Bodnar, Gregg Subject: [External] Re: Tale of the Whale Do not click links or open attachments unless you venN.' Send all suspicious email as an`a G reg: Please take the project off hold. I know we are going to be required to apply for a conditional use permit. Sent from myiPhone On Feb 8, 2019, at 10:05 AM, Bodnar, Gregg <gres¢.bodnar@ncdenr.gov> wrote: Morning Hal, I have received comments from the Town of Nags Head. I am in the process of reviewing those comments as they have a few special use conditions. Please advise if you would like me to take the project off of applicant hold. I'll let you know asap of any changes/issues from my review of the Town's comments, Gregg <image001.png> DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Tale of The Whale Restaurant 2. LOCATION OF PROJECT SITE: 7575 S. Virginia Dare Trail (US 64), Nags Head, Dare County; adjacent Roanoke Sound Photo Index —2006: 185-7211 (1-14) 2000: 185-2081 (1-14, L15) Latitude: 35054'2.88"N Longitude: 75036'29.47"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01/30/18; 02/21/18 Was Applicant Present — No; No 5. PROCESSING PROCEDURE: Application Received Complete - 03/02/18 6. SITE DESCRIPTION: Office - Elizabeth City (A) Local Land Use Plan — Town of Nags Head Land Classification From LUP - Commercial (B) AEC(s) Involved: EW & PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Septic system Planned - n/a (F) Type of Structures: Existing — Restaurant, parking, deck, dock, gazebo Planned - Pier, 4 cantilevered benches, 6 wet slips (G) Estimated Annual Rate of Erosion: n/a Source — n/a 7. HABITAT DESCRIPTION: [AREA] nRFnrFn Fri i Gn nTuco (A) Vegetated Wetlands—n/a (B) Non -Vegetated Wetlands—n/a (C) Other — EW / PTA Shaded: 496 sq. ft. (D) Total Area Disturbed: 496 sq. ft. (0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 72'x6' pier to extend off the south side of the existing gazebo, and will include 4 cantilevered benches and 6 wet slips. MAR 0 5 2018 DCM- MHD CITY Field Investigation Report: Tale of The Whale Restaurant - - - Page 2 Project Setting The development site is located at 7575 S. Virginia Dare Trail (US 64), Nags Head, in Dare County and adjacent to the Roanoke Sound. The site is developed with a restaurant building, paved parking, bulkheading, deck, dock and gazebo. The tract is approximately 58,000 sq. ft. (1.33 acres), with 298' of shoreline. The property has an elevation of approximately 4.5' above normal water level (NWL), and has sandy soils and is vegetated with indigenous grasses. There is a small wetland fringe to the east of the restaurant which consists of black needlerush (Juncus roemerianus), salt meadow hay (Spartina patens), and non -coastal vegetation. The water depths at the site range from V-5" to 2'-5" from the bulkhead to the southern end of gazebo, and consists of a sandy bottom. The proposed transient pier would extend out to depths of 3'-2" to 41 ". No submerged aquatic vegetation was observed. There appears to be no known archeological sites on the property. Riparian properties to the east of the Tale of The Whale restaurant are a vacant, undeveloped lot and Caribbean Corners' cafe and retail condominiums. Riparian property to the west is a convenience food market store/gas station. Previous permits issued for the project tract include the following: • CAMA Major Permit, #236-87, for pier, gazebo, and walkway • CAMA Minor Permit, #03-007, for elevated walkway, handicap ramp, deck and steps. • CAMA Major Permit, #183-06, for shoreline stabilization (bulkhead, return wall, riprap). • CAMA General Permit A58935, issued through 07H.2500 for the reconstruction of the pier, platform, and gazebo destroyed during Hurricane Irene. The Roanoke Sound is classified as Coastal Waters. The Division of Environmental Management's water classification for Roanoke Sound is SA and High Quality Waters (HQW) by. This area is closed to shellfish taking. Development Proposal The applicant is proposing to construct a 72' long by 6' wide pier, with 4 cantilevered benches, each measuring 8' by 2'. The location of the proposed pier will be at the southern end of the existing gazebo. The total length of the existing dock/gazebo structure measures 93' from the bulkhead, and the final length of the pier/docking facility after construction of the transient pier would be approximately 165'. Six 'wet slips' are proposed so that transient boaters can tie up to the pier when visiting the restaurant. The benches will be for customers to have outside seating while waiting for a table in the restaurant. Currently there is no easy access to the pier/gazebo from the adjacent waterbody. Customers that arrive by boat must climb over the back of the gazebo's benches or dock railings. Anticipated Impacts The development proposed will result in the shading of approximately 496 sq. ft. of Public Trust Area and Estuarine Waters Areas of Environmental Concern. Temporarywaterturbidity will occur during construction. Submitted by: Yvonne Carver Date: 03/02/18 CONSTRUCTION ENGINEERING SERVICES, INC. P.O. BOX 665 MANTEO, NC 27954 PHONE: (252) 473-9733 PROJECT NARRATIVE OFFICE: 33 HAMMOCK DRIVE MANTEO, NC 27954 FAX: (252) 473-4191 Received DMEC The purpose of this project is to construct a 6 foot wide by 72 foot long open pile wood pier to provide six transient slips for restaurant patrons arriving by small boat. The pier will extend off the south face of the existing gazebo. Currently when patrons arrive by boat they must tie the boat off to the gazebo, climb on to the bow of the boat and carefully climb over the back of the benches on the gazebo that form the railing. In breezy conditions this can become a bit tricky, difficult and somewhat dangerous. When they depart they must go through the same procedure in reverse. It would be much safer to have a normal pier so that customers arriving by boat can just pull up along side the pier and exit and re -board the boat in a conventional manner. The benches on the pier are being provided so that when customers need to wait for a table during busy periods they have a place to sit. RED MAR 0 5 2ia13 DESIGN CONSULTING UNDERWATER INSPECTIONS O M t" O 00 0 N O M I O I <b O N 1' 1` I1 �i 1 i 1 / i' t 1� t t e 1 1 3. �.1 0 M r O I co 0 N O M I r O I co O N f �•� 40. N w v. o x N (D � s z z z v J W Q x W W 00 03= Lu Lu ` FL< 7 `� Z a 4 i y Receive( kY p 1 ©G -EC DRAWN BY: H.G. PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC TALE OF THE WHALE RESTAURANT 1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 3 OF 6 DATE: 3-2-18 u / 2-2"xi2" P.T. HEADER (1 EA. SIDE OF PILE) FRAMING PLAN OF PIER AT BENCHES SCALE: 1/4" =1'-O" 2'MTY.I. ANbLEU BACK REST SUPPORT 2"z6" P.T. BENCH STRINGER 2"x6" P.T. FL 2'�i /- ro USH Z(&' P.T. POST BOLT TO HEADER w/ (2)1/2" DIA. GALY. BOLTS ADD SOLID BLOCKING 2-2"z12" P.T. HEADER N. SIDE OF PILE) 2'kK& P.T. DECK BOARDS I Received Received FRAMING PLAN FOR BENCHES SCALE: 1/4" = 1'-0" .. .. - D E A+ I% d D V E V DRAWN BY: H.G. PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT NAGS HEAD/MANTEO CAUSEWAY 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 5 OF 6 DATE: 1-12-18 6'-0" Receive DCM'aye' -EC E 2'k8" P.T. DECKING 1 w/ 3" STAINLESS SCREWS TREAT 2'}& P.T. STRINGERS TO AWPA UC35 7 TREAT TO AWPA UC313 PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S 8 S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN TYPICAL CROSS SECTION OF PIER SCALE: 3/8" =1'-O" CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7675 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 5/8" DIA. GALV. TIMBER BOLT 5/8" DIA. GALV. BOLT w / WASHER (TYP.) 8" DIA. (BUTT) P.T. TIMBER PILE W 8' c-c 8' MIN. EMBEDMENT Received XMIC DRAWN BY: H.G. CONST. OF OPEN PILE PIER IN: ROANOKE SOUND AT. NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 4 OF 6 DATE: 1-12-18 Roanol Feel�lal nd i Shallowbag Bay Skyco VICINITY MAP Roanoke Sound r, Brand Creek .Sand Cmek aepch Whalebone y9 ATLANTIC OCEAN 9� CAN 1 rPR0.1ECT e1TE� R ��O,t, • cA- Received DCM-EC Oata use subject to license. D DeLonne. DeLone Street Atlas USA® 2015. ~ delorme.com a 1" = 4,166.7 ft Data Zoom 12-0 PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST, OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT: NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC TALE OF THE WHALE RESTAURANT 1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 1 OF 6 DATE: 1-12-18 VICINITY MAP E� Rome, Y�aRlNl N Fee We a Shallowbag Bay Skyco Jata use subject to license. 0 DeLorme. DeLorme Street Atlas USA® 2015. e .delonne.com PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S & S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN Roanoke Sound B-11 Creek Sand Be ea Creek ♦ix PROJECT SITE CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 Whalebone ATLANTIC OCEAN Received DCM-EC Scale 1 : 50,000 CONST OF OPEN PILE PIER IN: ROANOKE SOUND AT NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 1 OF 6 DATE: 1-12-18 \_z VICINITY MAP Roanoke UIBIW Feativ a ShalloWbag Bay Roanoke Bounty iPROJECT SITE 1 Skyco II BY ('reekk .Bond Beach Crcek MAR 0 51018 x Whalebone ATLANTIC OCEAN Received DCM-EC late use subject to license. D DeLorme. DeLorme Street Atlas USA® 2015. ~.eelorme.com o 1" = 4,166.7It Data Zoom 12-0 NST PURPOSE: CONSTRUCTION OF CONSTRUCTION OF N: RO OF OPEN PILE PIER I TRANSIENT PIER TRANSIENT PIER FOR N: OANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT. NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC TALE OF THE WHALE RESTAURANT 1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27969 SHEET 1 OF 6 DATE: 1-12-16 J i a $ 1 = S 4 i Z s Sm'F� V1 -17 V � W •��,� , ( U t-" I yo.) W Y - a3 PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC TALE OF THE WHALE RESTAURANT 1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 2 OF 6 DATE: 1-12-18 PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S R S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN L Lsp nZg�£6m� FMv'i ,gd�is 23a[Ij�4 0 '. Gi CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 f,) CONST OF OPEN PILE PIER IN: ROANOKE SOUND AT NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 2 OF 6 DATE: 1-12-18 J 6 ;r, y 2 3: Z� l s ci 0 PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT NAGS HEAD/MANTEOCAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: INC TALE OF THE WHALE RESTAURANT 1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, INC 27959 SHEET 2 OF 6 DATE: 1-12-18 3y� 4 iY z w U Ji�Y w R W a o � , y i PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S & S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN n C)J j F77 y i a IS,', CT o_ r b DMEC DRAWN BY: H.G. 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 3 OF 6 DATE: 3-2-18 S t '�Y P �.. PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S $ S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN z - Z Lij O z Q O w 3 � � w s z z z v U ION x LD Z� o Lu NW x w Q O w N Iz m Z Q 0 3 O �sy r wL O W ' LL O �. z �. a CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 DRAWN BY: H.G. CONST. OF OPEN PILE PIER IN: ROANOKE SOUND AT NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 3 OF 6 DATE: 3-2-18 Received DCM-EC Z6" P.T. DECK BOARDS - 2" r.8" P.T. STRINGERS m 16" c-c 2-25,12" P.T. HEADER (1 EA. SIDE OF PILE) CANTILEVERED 16" FOR BENCH —/ PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S & S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN 2" x6" P.T. CAP 2'k6" P.T. DECK BOARDS — inl STRINGER—\ I Y I /SRNGERBENCH 1 0 1 01 I I I 1 0 1 01 I I I 8" BUTT DIA. P.T. PILES 0 8' c-c (TYP.) CUT OFF PILE AT UNDERSIDE OF DECK TYPICAL SECTION AT BE SCALE: 3X' =1'-O" CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 2"x6" P.T. FLUSH 0 2'-O" c-c 2'kK& P.T. POST BOLT TO HEADER w/ (2)12" DIA. GALV. BOLTS PROVIDE SOLID P.T. BLOCKING SET PILES IN 912": AT BENCH "< �a 9� �s NCH o a � Received DMEC DRAWN BY: H.G. CONST. OF OPEN PILE PIER IN: ROANOKE SOUND AT NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 6 OF 6 DATE: 1-12-18 Received DCM-EC 2'k6" P.T. DECK BOARDS. 2"x8" P.T. STRINGERS 016" c-c 2-2'k(Z' P.T. HEADER (1 EA. SIDE OF PILE) CANTILEVERED 16' FOR BENCH —/ PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S & S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN r n6" P.T. CAP 2"x6" P.T. DECK BOARDS — 2'k6" P.T. BENCH STRINGER Z<6" P.T. BENCH p STRINGER 8" BUTT CIA. P.T. PILES 0 8' cc (M.) CUT OFF PILE AT UNDERSIDE OF DECK 2"x6" P.T. FLUSH _ V 'k6"P.T. POST BOLTO HEADER w/(2)1/2" IA. GALV. BOLTS ROVIDE SOLID P.T. LOCKING 1 O 1 01 I OI 0 1 of /o/ AT BENCH TYPICAL SECTION AT BENCH SCALE: 3X' =1'-0" CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 Received DCMnEC DRAWN BY: H.G. CONST. OF OPEN PILE PIER IN: ROANOKE SOUND AT: NAGS HEAD/MANTEO CAUSEWAI COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 6 OF 6 DATE: 1-12-18 Received IjC 9�mC 2'k6" P.T. DECKING tt�� w/ 3" STAINLESS SCREWS TREAT NTO AWPA UC38 PURPOSE: CONSTRUCTION OF TRANSIENT PIER DATUM: N.W.L. ADJACENT PROPERTY OWNERS: 1. S 8 S INVESTMENTS GROUP 2. STEPHANIE SELCKMANN TAWPA. TIESAILS MEMBEREADERF PILE) UC48 TYPICAL CROSS SECTION OF PIER SCALE: 3/8" =1'-O" CONSTRUCTION OF TRANSIENT PIER FOR RESTAURANT PATRONS TALE OF THE WHALE RESTAURANT 7575 S. VIRGINIA DARE TRAIL NAGS HEAD, NC 27959 u 2"x8" P.T. STRINGERS TREAT TO AWPA UC35 515" DIA. GALV. TIMBER BOLT 5/8" DIA. GALV. BOLT w / WASHER (TYP.) 8" DIA. (BUTT) P.T. TIMBER PILE 9 8' c-c 8' MIN. EMBEDMENT " -a Received DMEC DRAWN BY: H.G. CONST OF OPEN PILE PIER IN: ROANOKE SOUND AT: NAGS HEAD/MANTEO CAUSEWAY COUNTY: DARE STATE: NC APPLICATION BY: CONSULTANT SHEET 4 OF 6 DATE: 1-12-18 2-2'kQ" P.T. HEADER (1 EA. SIDE OF PILE) FRAMING PLAN OF PIER AT BENCHES SCALE: 1/* = T-O" 2'k6" P.T. ANGLED BACK REST SUPPORT 2!'X& P.T. BENCH STRINGER; 2" a6" F.T. FL 2�i � USH 2'k6" P.T. POST BOLT TO HEADER w/ (2)1/2' DIA. GALY. BOLTS ADD SOLID BLOCKING 2-202" P.T. HEADER SIDE OF PILE) O CD LL- 2'k6" P.T. DECK BOARDS .Received Received FRAMING PLAN FOR BENCHES SCALE: 1/4" = T-O" - DRAWN BY: H.G. PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER TRANSIENT PIER TRANSIENT PIER FOR IN: ROANOKE SOUND DATUM: N.W.L. RESTAURANT PATRONS AT: NAGS HEAD/MANTEO CAUSEWAY ADJACENT PROPERTY OWNERS: COUNTY: DARE STATE: NC 7575 S I. S & S INVESTMENTS GROUP TALE S. THE WHALE RESTAURANT . VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT 2. STEPHANIE SELCKMANN NAGS HEAD, NC 27959 SHEET 5 OF 6 DATE: 1-12-18 / ❑ DREDGE ! FILL JE7NERLPERMIT Previous permit # Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC I� Rules attached. Authorized Agent ,, nr Affected O Cw ['EW D PTA El ES ElPTS AEC(s) ❑ OEA ❑ El IH ❑ UBA ❑ N/A : ❑ PWS: ❑FC: ORW: yes /.-no; P14A yes / no. 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PtrmrtQ(ficer's Signature Signature'"6Please read compliance statementonback ofpermit *' Issuing Date ExpDate Application Fee(s) Check# Local PlanningJunsdiction Rover File Name �4k 19 V Dare County, NC Page 1 of 1 •regis.darenc.com/website/dare/Viewer.htm 11/29/2011 t Parcel Data Sheet Page 1 of 1 County of Dare, North Carolina -Owner and Parcel information is based on current data on file and was last updated on January 26 2018 Primary (100%) Owner Information: TALE OF THE WHALE RESTAURANT BOX 98 NAGS HEAD NC 27959 Parcel Information: Parcel:007099000 PIN:080018402120 District: 14- NAGS HEAD Subdivision: SUBDIVISION - NONE LOtBIkSect: LOT: BLK: SEC: Multiple Lots: - PlatCabSlide: PL: E SL: 756 Units: 0 Deed Date:02/21/2003 BkPg: 1477 0463 Parcel Status: ACTIVE Property Use: RESTAURANT BUILDING USE & FEATURES Tax Year Bida_Value: $590,800 Building Use: RESTAURANT Exterior Walls: Full Baths: Half Baths: Bedrooms: Heat -Fuel: Heat -Type: Air Conditioning: 7575 S VA DARE TRL Next Year Blda Value: $590,800 Actual Year Built: 1976 Finished sqft for building 1: 6572 Total Finished SgFt for all bldgs: 6572 Disclaimer: In instances where a dwelling contains unfinished living area, the square footage of that area is included in the total finished sqft on this record. However, the assessed value for finish has been removed. MISCELLANEOUS USE Tax Year Misc Value: $51,800 Next Year Misc Value: $51,800 ------- ---- -- Misc Bldg a: (PA1) PAVING ASPHALT PARKING Year Built: 1976 sqft: 20000 Misc Bldg b: (BK1) BULKHEAD Year Built: 1988 sqft: 170 Misc Bldg c: (RD2) MED. WD. DOCK WD. GIRDERS BOLT Year Built: 1988 sqft: 360 Misc Bldg d: (GZ1) GAZEBO Year Built: 1990 sqft: 369 Misc Bldg e: (WD1) WOOD DECK OR RAMP Year Built: 1990 sqft: 1407 LAND USE Tax Year Land Value: $575,400 Next Year Land Value: $575,400 Land Description : 14-Commercial Sound Front TOTAL LAND AREA: 58000 square feet Tax Year Total Value: $1,218,000 `Values shown are on file as of January 26 2018 Next Year Total Value: $1,218,000 .J MAR 0 5 2018 mm _. 1 Y https://tax.darecountync.gov/parcelcard.php?parcel=007099000 1 /26/2018 ROY COOPER MICHAEL S. REGAN 5erna,u, BRAXTON C. DAVIS Coastat Management ENVIRONMENTAL QUAL11Y EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals@thecoastiandtimes.net FROM: Ella Godfrey DATE: March 2, 2018 SUBJECT: Public Notice: Tale of the Whale Restaurant Please publish the attached Notice in the Wednesday, March 7, 2018 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECLEa''m MAR 0 5 2018 State of North Carolina I Enwonmental Quality I Coastal Management D D CWI v h". 1 1 ® C iTY 401 S. Griffin St.. Suite 300 I Elizabeth City, NC 27909 252-264-39011252-331 2951 faxl NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on March 2, 2018. The Tale of the Whale Restaurant proposes to construct a 72'x6' pier to extend off the south side of the existing gazebo, and will include 4 cantilevered benches and 6 wet slips located at 7575 S. Virginia Dare Trail in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to March 27, 2018, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: March 7, 2018 • w . ROY COOPER MICHAEL S. REGAN srorrn„� BRAXTON C. DAVIS Coastal Management obecmr ENVIRONMENTAL OUALITV March 2, 2018 Dan Bibey Tale of the Whale Restaurant 7575 S. Virginia Dare Trail Nags Head, NC 27959 Dear Mr. Bibey: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 7575 S. Virginia Dare Trail in Dare County. It was received complete on March 2, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 16, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 2, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. :C "Nothing Comps Tres - NIAR 0 5 P�18 State of North Carolina I Environmental Quality I Coaual Management 401 S. Gn5v300 E1City, N[] 909 252264-901252331295fuD C V _ M H D CITY Dan Bibey Tale of the Whale Restaurant March 2, 2018 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Yvonne Carver, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Frank Jennings District Manager, Northeastern District NC Division of Coastal Management FJ/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Yvonne Carver, DCM, Elizabeth City, NC Hal Goodman, Construction Engineering Services, Inc. r N .. lines W Q ZR r- �y C Fa AA W401i6%m PROJECT: Construct a 721x6' pier to extend off the south side of the existing gazebo, and will include 4 cantilevered benches and 6 wet slips COMMENTS ACCEPTED THROUGH Mach 27, 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Dan Bibey -�. Yvonne Carver Tale of the Whale Restaurant 401 S. Griffin Street, Suite 300 7575 S. Virginia Dare Trail Elizabeth City, NC 27909 Nags Head, NC 27959 252-264-3901 252-441-7332 1IIIlRill N011111iE11111111lllllllllllllliIN "P, 2r 2 The property hereinabove described was acquired by Grantor by instrument recorded in Book 406 Page 22. A mgyshowing the above described property is recorded in Plat Cabinet Et, Slide 756. TO 40 AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee "a simple. And the G covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in simple, that title is marketable and free and dear of all encumbrances, and that Grantor will warrant and defend the till ,ageeinst the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the properry�reinabove described is subject to the following exceptions: Easements and resbicypns of record, if any, in the Dare County Registry. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corp is name by its duly authorized officers and its seat to be hereunto affixed by authority of its Board of Directors, the m, and year first above written. / (SEAL) (Corporate N e) Daniel L. Bibey By President ATTEST: vl�' Yr Secretary (Corporate Sel ,F .4" P, State o1 North Carolina, Dare Cou ? ` OTA,q ' ' ' I, a Notary Public of the County ar 2P N Bibey, Grantors, personally appea �'• ins the foregoing Instrument. Wimew �to'OUBIi�C ,.1; ?V February, 2003. C...... �` My commission expires: 02105106 rriun a n��• ILI (SEAL) Kat) L. Bi (SEAL) (SEAL) aforesaid, certify that Daniel L. Bibey and Kathy L. ire me this day and acknowledged the execution of Id and official stamp or seat, this 21st day of b' �O NORTH CAROLINA DARE COUNTY The foregoing Certificate of J It nn ArL • Mo-% is/are certified to be correct. This instnanent and this certificate are duly registered at date and time and in the Book and Page shown on the first page hereof.- BARBARA I& GRAY k& REGISTER OF DEEDS BY: DEPTTY//ASC;CT, AW-REGISTER OF DEEDS Ci . - crr P, N d:.. Book 1477 Page 463-0002 16 0 LT# '( dye 01) Erct �e? .X $0.00 $0.00 Tax Lot No. Verified by, by Filed Iad4, 14" PW: 4111 Om td: HIM 0212112/11 OR:21Pe R— 1; 73042 ad O0d 1: MD NC Ivdlu T.. pd: 11.00 IMIMR s OMri RROMTW OF aline ORRt CO, NO lull) IIIIf Ill, IIIINI I II IIIIIff II�II III IIAI II I l'll @21 1 2f OC30n Parcel Identifier No. 007099000 & 007102009 County on the _ day of Mail after recording to Sharp, Michael, OuOel$ raham, PO Drawer 1027, Kitty Hawk, NC 27949 (20011jm) This Instrument was prepared by Robert L. O to Attorney at Law Brief Description for the index Parcels in Qq5 Head NORTH CAROLINA F-PMjiXL1 Daniel L. Whey and wNe, Kathy L. Bibey - 200 West Bridge Lane Nags Head, NC 27959 NON -WARRANTY DEED GRANTEE r of the Whale Inc. . Virginia Dare Trail g ef@ad, NC 27959 6 The designation Grantor and Grantee as used herein shall include said parties„igeir heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter As required by con WITNESSETH, that the Grantor, for a valuable consideration paid by the Gra pp, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto this Grantee In fee simple, all thatcertain lot or parcel of land situated In the Town of Nags Head, Nags Head Township, Dar county, North Carolina and more particularly described as follows: Being Tract Numbers 1 and 2 as shown on the recombination plat for Tale of the Whalc. and Daniel L. 6: Kathy L. Bibey, 1A1 acre parcel on US 641264, more or less, prepared by Seaboard Surve @ Planning, Inc., dated February 13, 2003 and recorded In Plat Cabinet Ell, Slide 7561n the Dare County Public �11stry. lY� Book 1477 Page 463-0001