10-19 Tale of Whale Restaurant

Class
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 [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

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
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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 [e-mail]
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, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
_ Sincerely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
State 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
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Coastal Management - LUP Consistency
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Division of Community Assistance
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Land Quality Section--DEMLR
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DWR/DWQ - Storm Water
DWR— PublicWaterSupply
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State Property Office
3/7 /g
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Division of Archives & History —Cultural Res.
Division of Env. Health —Shellfish Sanitation
Division of Highways --DOT
Wildlife Resources Commission
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Permit Office/Planning Dept. �na (Kcs
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DMF—DCM Fisheries Resource Specialist
Corps of Engineers
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Bodnar, Gregg
From:
Andy Garman <[e-mail]>
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 <[e-mail]>
Sent: Wednesday, February 6, 2019 4:23 PM
To: Andy Garman <[e-mail]>; Kelly Wyatt <[e-mail]>
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([e-mail]
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 <[e-mail]>
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: [phone]
Direct Phone: [phone]
Fax: [phone]
Email: Kelly wvatt(cbnaashgadnc.gov
Website: www.nagsheadnc.gov
From: Bodnar, Gregg [mailto:[e-mail]]
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
[e-mail]
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: [phone]).
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: [phone]).
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: [phone]).
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: [phone]).
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: [phone]).
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: [phone]).
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: [phone]).
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 [phone].
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: [phone]).
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 [phone] 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 [phone], 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
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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
[e-mail]
on ri;
<Form continues on back>
MI`:!+ Q 5 2018
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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?
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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
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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
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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
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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

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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

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PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER
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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

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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

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APPLICATION BY: CONSULTANT
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1. S & S INVESTMENTS GROUP
TALE THE WHALE RESTAURANT
7575 S
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APPLICATION BY: CONSULTANT
2. STEPHANIE SELCKMANN
NAGS HEAD, NC 27959
SHEET 6 OF 6 DATE: 1-12-16

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APPLICATION BY: CONSULTANT
SHEET 6 OF 6 DATE: 1-12-18

Bodnar, Gregg
From: Hal Goodman <[e-mail]>
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 <[e-mail]> wrote:
FYI
From: Kelly Wyatt [mailto:[e-mail]
Sent: Friday, May 11, 2018 8:48 AM
To: Bodnar, Gregg <[e-mail]>
Cc: Andy Garman <[e-mail]>
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: [phone]
Direct Phone: [phone]
Fax: [phone]
Email: Kelly.wyatt@naosheadnc.00v
Website: www.nagsheadnc.00v
From: Bodnar, Gregg rmailto:[e-mail]]
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.
[phone]
Fax: [phone]
E-mail: [e-mail]

Bodnar, Gregg
From: Hal Goodman <[e-mail]>
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¢[e-mail]> 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: [phone]
PROJECT NARRATIVE
OFFICE: 33 HAMMOCK DRIVE
MANTEO, NC 27954
FAX: [phone]
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
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TALE OF THE WHALE RESTAURANT
1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT
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TALE OF THE WHALE RESTAURANT
1. S & S INVESTMENTS GROUP 7575 S. VIRGINIA DARE TRAIL APPLICATION BY: CONSULTANT
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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
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CONSTRUCTION OF
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TALE OF THE WHALE RESTAURANT
7575 S. VIRGINIA DARE TRAIL
NAGS HEAD, NC 27959
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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

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PURPOSE: CONSTRUCTION OF CONSTRUCTION OF CONST. OF OPEN PILE PIER
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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

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PURPOSE: CONSTRUCTION OF
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CONSTRUCTION OF IN: ROANOKE SOUND
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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

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PURPOSE: CONSTRUCTION OF
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CONSTRUCTION OF
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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
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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"
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PROVIDE SOLID P.T.
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AT BENCH "<
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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
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BOARDS —
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8" BUTT CIA. P.T. PILES
0 8' cc (M.) CUT OFF
PILE AT UNDERSIDE
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'k6"P.T. POST BOLTO HEADER w/(2)1/2"
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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)
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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. Crit.Hab. yes / no
Project Location: County
Street Address/ State Road/ Lot
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Agent or Applicant Primed Name. PtrmrtQ(ficer's Signature
Signature'"6Please read compliance statementonback ofpermit *' Issuing Date ExpDate
Application Fee(s) Check# Local PlanningJunsdiction Rover File Name

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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
[e-mail]
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 [phone]).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
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.

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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
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P,
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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