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HomeMy WebLinkAbout21-18 2 Chairs LLC4 Permit Class Permit Number NEW 21-18 STATE OF NORTH CAROLINA Department of Environmental Quality and �► Coastal Resources Commission �� Permit Al,� 12 for o2018 �°h�ry_ 14 X Major Development in an Area of Environmental Concern D cl- ry pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to 2 Chairs, LLC,183 Moore Lane, Seagrove, NC 27341 Authorizing development in Brunswick County adj. to the AIW W, at 1299 Cedar Landing Road. Stlpgly , as requested in the permittee's application dated 1/23/18 (MP-1). 10/18/17 (MP-2 MP-3 & MP-4) incl. attch'd workplan drwgs (4), C-101 & C-102, dated 1/23/18, & C-103 & C-105 dated 2/2/18. This permit, issued on March 7, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to tines, imprisonment or civu action; or may cause me permit to De nua ana voia. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 2 Chairs, LLC Permit No. 21-18 Page 2 of 5 ADDITIONAL CONDITIONS 3) 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. 4) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 4 formalized boat slips. Docking space on the landward side of the floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the floating dock. In accordance with commitments made by the permittee, a sign shall be installed at the end of the dock prohibiting docking on the landward side. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) No portion of the authorized docking facility shall extend into the federal channel setback. 8) Any portion of the permitted access pier and exceed six feet in width and shall be elevated measured from the bottom of the decking. docking facilities built over Coastal Wetlands shall not a minimum of three feet over the wetland substrate as 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 10) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the docking facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. Riprap 11) The alignment of the authorized riprap shall be staked by a representative of the Division of Coastal Management within amaximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 12) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave. or current action. 13) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. 2 Chairs, LLC Permit No. 21-18 Page 3 of 5 ADDITIONAL CONDITIONS 14) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. Upland Development 15) Unless specifically altered herein, this permit also authorizes the land disturbing activities associated with the development of the above referenced property, including the restaurant and associated structures, all as expressly and specifically set forth in the attached permit application and workplan drawing. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. 16) Any development or land disturbing activity that is considered non -water dependent is not authorized within 30 feet of the normal high water line unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. 17) The wooden walkway and ramp within 30 feet of the normal high water line shall be limited to no more than 6' in width. U.S. Army Corps of Engineers Conditions 18) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/marnmal/manatee guidelines.pdf. 19) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. 20) Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 21) 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. ger,eNED MAR 12 wb 2 Chairs, LLC Permit No. 21-18 Page 4 of 5_ ADDITIONAL CONDITIONS 22) 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 anytime 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. 23) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. Stormwater Management 24) A stormwater management permit from the Division of Energy, Mineral and Land Resources will be required for the authorized project. A copy of the stormwater management approval shall be obtained and a copy provided to the Division of Coastal Management prior to the initiation of any development activities authorized by this permit. Erosion & Sedimentation Control 25) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 26) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental. Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Easement 27) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee shall apply for and receive anEasement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). General 28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 29) 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. 2 Chairs, LLC Permit No. 21-18 Page 5 of 5 ADDITIONAL CONDITIONS 30) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 31) No excavation or filling of any open water or vegetated wetlands is authorized by this permit. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is finther advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. 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 assigned the proposed project Action ID No. SAW-2017- 01994. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2017- 1581. NOTE: An application processing fee of $400 was received by DCM for this project. NED tiiilr' i z 2018 DCM- MHD CITY i Division of Coastal Mana e>? ment AnWication Processina Notes Applicant: Type (check all that apply) NEW ✓ MAJOR MOD MINOR MOD RENEWAL TRANSFER r Permit Coordinator: t i - l ca_B Field Representative: S'7PA�V-rw- Date/Time I ';arc VI(4/V3 wymatd - cff, prelcirs rwi- i-o kave -6f, C�- Y�unA�az,l, i,Pnot tlec¢sr"' 12zl t'g �� Co\Versa-Hoit W1 CAt&j OIC W/ A& I'49u�,rt NS j9CA' -%t- ConJiJiM — ►'Yule " 0- cShQ✓L/�6ycred ��erzrof- (qju.4lcm A4 3/6/I g (4j)ewed of f-ocfl'a-vwt- tUl 00(Aj, 'F4V"kd tD 6(u (, YE vi cut). ©&- RECEIVED MAR 12 Z0IB Daw'-WINE-CITY- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 9, 2018 Regulatory Division Action ID No. SAW-2017-01994; 2 Chairz, LLC/1299 Cedar Landing Road Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of 2 Chairz, LLC to construct a commercial docking facility, new restaurant, and install rip rap along the shoreline, at a site located adjacent to the AIW W and Holden Beach bridge, at 1299 Cedar Landing Road, Supply, Brunswick County, NC. Specifically, the applicant proposes to construct a 6-ft wide X 67-ft long access pier with an 8-ft wide X 110-11 long floating dock with 4 slips, install rip rap along 130-ft of shoreline, and construct a restaurant with parking lot and a storm water pond on the remainder of the site. 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 modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines pdf. 2. Dredging is not authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. RECrp ED MAR 16 201B ®CM- MHE) CITY -2- 4. All work authorized by this permit must be performed in strict compliance with the submitted 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. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. \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. 10. 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. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. R EC F_- �V E. D MAR 16 Z018 DCM- MHD CITY -3- 12. 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. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. 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. 15. 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). 16. 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. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Actor 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 permittee's discovery of the violation. RECENED MAR 16 2018 DCM- MHD CITY -4- Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Ha , roject Manager Wilmington Regulatory Field Office Electronic copy furnished: NCDEQ/DWR; Ms. Karen Higgins NCFWS; Mr. Pete Benjamin NMFS; Dr. Pace Wilber NWFS; Mr. Fritz Rohde USEPA; Mr. Todd Allen Bowers NCDEQ/DWR; Mr. Robb Mairs NCDQ/DCMMs. Heather Coats USACE-Navigation Branch; Mr. Justin Annette RECENED MAR 16 2018 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: 2Chairs, LLC COUNTY: Brunswick PROJECT NAME: 2 Chain Restaurant with Docking Facility LOCATION OF PROJECT:1299 Cedar Landing Rd, adjacent to the AIWW, in Supply DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-30-17 ✓ FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Sean Farrell DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: _ PUBLIC NOTICE REC'D: ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 041allp / MAIL OUT DATE: 12-7-17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 #4868 V �/3 / END OF NOTICE DATE: N*T- 7 nllull l DEED RE 'D: S I ON: 1 150 DAY DEADLINE: STATE DUE DATE: 12-31-17 FED COMMENTS REC'D: FITAMMKOM AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance t2 I 1 I 7i Division of Coastal Management-LUP Consistency Z 1 3 tg / Public Water Section (DWR) VLA Y,1 1� Land Quality Section (DEMLR) I l l I bi Ls SC 4W r-Ppeo ✓ Division of Water Resources - 401 Section Zq 17 i N vJ c 2D, 7 is C I Storm Water Management (DEMLR) 12 I t' / CLS- S'w tk rn,x State Property Office Division of Archives & History I / Division of Marine Fisheries - Shellfish Section iq t $ / Cann vtQnl 6✓iU ut Ca cLt c4v, Division of Highways (NCDOT) Wildlife Resources Commission 1 t/ RECEIVED Local Permit Officer Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM L i C )t: Ilk . c Corps of Engineers - Regulatory Branch Recommendations for State Permit — 2 Chairs, LLC c/o McGill Associates 12/07/2017 The total area for the docking facility was calculated as follows: Shoreline length = approx. 222' of shoreline x 8 sq. ft. = 1776 sq. ft. Proposed floating platform = 8' in width by 110' in length= 880 sq. ft. 4' in width by 10' in length= 40 sq. ft. Total= 920 sq. ft. The proposed docking facility with a floating platform capable of accommodating up to 4 vessels appears to be CONSISTENT with rules 07H. 0208 (b)(6) specific use standards for Piers and Docking Facilities. The proposed upland development and associated impervious surface area located within the 75' Coastal Shoreline AEC appears to be CONSISTENT with rules 07H.0209 (d) Use standards for Coastal Shorelines. It is the staffs recommendation that the proposal to construct a riprap revetment for shoreline stabilization and remove the existing deteriorated timber bulkhead is CONSISTENT with 15 NCAC 711.0208 (b) (7) because the area has experienced significant erosion and the rip rap is a preferred use over bulkheads as stated in section (E). This office recommends a permit be issued, provided there are no concerns from any other state or federal agencies, particularly from Shellfish Sanitation with regards to any possible closures triggered from the proposed slips within open shellfishing waters. RECEIVED DEC 12 zol/ DCPA- MHD CITY i� MEMORANDUM To: Heather Coats From: Michael Christenbury Subject: Consistency Determin 'on, Major Permit Application, 2 Chairs — Brunswick County Date: February 13, 2018 This prole Vith the 2007 Brunswwx UUMOrMd Use` an Update. The applicant proposes to construct a new restaurant, commercial docking facility, and riprap revetment. The project is located at 1299 Cedar Landing Road, adjacent to the AIWW in Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, CW, EW and PTA. Waters at the project site are classified as SA, HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Brunswick County Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, Brunswick County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Brunswick County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent and not in conflict with the 2007 Brunswick County Land Use Plan. Cc: File %.e Coastal Management ENVIRONMENTAL QUALITY December 7. 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS U,recror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)..ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: 2 Chairs, LLC Project Location: 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. **Additional comments may be attached** 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 M DATED 12111117 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY V ROY COOPER Govemor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director December 7, 2017 g L/ IIII1111 DEC 0 7 2017 TO: Heidi Cox Division ol VV Regional Engineering Supervisor WRO P bficWaerS ppe° Public Water Supply-WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: 2 Chairs, LLC PP Project Location: 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: 7j�S,_ This agency has no objection to the project as proposed. "Additional comments may be attached"" 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 DATED ' / 7 RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management DEC 15 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 I Coastal Management ENVIRONMENTAL QUALITY December 7, 2017 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS_ Director TO: Dan Sams dd ®F� At District Manager-DEMLR By. , Z�JJ Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator`" NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., INC 28405 heather. coats(a)ncdenr.00v Fax: 395-3964 (four rei 0 16-33, SUBJECT: Applicant: Project Location: Proposed Project: CAMA / Dredge $ Fill Application Review 2 Chairs, LLC 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and e urrm this form to Heather Coa s at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes I are incorporated. See attached. 1�A exos,b,,. a—d o-pCOYd1 1S This agency objects to the �roject for reasons described in the attached comments. SIGNED c DATED �C- Zo 17 RECEIVED DCM WILMINGTON, NC State ofNonh Carolina I Environmental Quality I Centel Management DEC 112017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 M Coastal Management ENVIRONMENTAL QUALITY December 7. 2017 TO: EGF-I F DEC G 6 2 97 Chad Coburn 401 Wetlands DWR-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary RECEIVED/NCDENRIDWR DEC D S 2017 Water Quality Regional OPefon Regional Office Wilmington BRAXTON DAVIS Dnenor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: 2 Chairs, LLC Project Location: 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. ✓7 0,7'/t ^C J petREPLY: This agency has no objection to the prdle t as proposed. **Additional comments may be attached** 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 commments. SIGNED V DATED / c�3 / DCM WILM NIGTON, NC JAN 2 9 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-7967215 Coastal Management ENVIRONMENTAL QUALITY December 7, 2017 X SUBJECT: Applicant: r CEIVEF( no 2017 5w ROY COOPER Govemor MICHAEL S. REGAN Seerelary BRAXTON DAVIS Director Georgette Scott v"dz Stormwater Section (r�G . DEMLR - WiRO (° 'ff 1I Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coafs(cDncdenr.vov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review 2 Char, LLC Project Location: 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. 5U6J.ed- lb PPii^mi�>S �9. This agency objects to the project for reasons described in the attached comments. SIGNED �66U DATED J2-13-/? State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et, Wilmington, NC 28405 910-796-7215 0CM WILM NIGTON, NC DEC 212017 Coastal Management ENVIRONMENTAL QUALITY e DEC 1 1 2017 December 7. 2017 TO: Tim Walton Dept of Administration State Property Office ROY COOPER Uavemor MICHAEL S. REGAN se"I'n BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD_ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: 2 Chairs, LLC Project Location: 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached'" 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 CQt DATED 1 2 /11 DCM WILM NIGTON, NC State of North Carolina I Environmental Quality I Coaaml Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DEC 15 2017 910-796-7215 Roy Cooper, Governor North Carolina Department of Administration State Property Office December 12, 2017 TO: Heather Coats Assistant Major Permits Coordinator FROM: Everette Moored - Real Property Agent RE: CAMA Private Restaurant Construction Application Review Applicant — 2 Chairs, LLC 1299 Cedar Landing Road., Supply, Brunswick County Machelle Sanders Secretary Tim Walton Dlwtor REPLY :: The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. Please confirm that the proposed construction is not located within the 1000' USACE AIWW easement area. 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 TI Web:http://w .ricspo.com RECEIVED DCM WILMINGTON, NC DEC 15 2017 2 Received: 12/ 14/ 17 ►am .4 Coastal Management ENVIRONMENTAL QUALITY December 7, 2017 TO, FROM: SUBJECT: Applicant: Project Location: State Historic Preservation Office ER 17-3037 ROY COOPER Gavrmp MICHAEL S. REGAN Secretary BRAXTON DAVIS niwtiw Renee Gledhill -Early Due -- 01/05/17 Dept. of Cultural Resources Archives & History Heatner Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 26405 heather. coatsCoWdenr go Fax: 395-3964 (Courier04-16.33) NC -- 12/14/17 CAMA / Dredge & Fill Application Review CRS 2 Chairs, LLC 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this' rm16Vahr0ats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. OWSIGNED DATE Stale of North Caroline I Frivironmental Qmld, I Co ntal ManagemmE 127 Cardinal Dr ve Exl., Wilmington, NC 28405 910-796.7215 RECEIVED DCM WILMINGTON, NC AN s 2016 DEC 1 5 Z017 ROY COOPER Govemor Coastal Management ENVIRONMENTAL QUALITY December 7, 2017 TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: MICHAEL S. REGAN secretary BRAXTON DAVIS Domaor Shannon Jenkins NC DMF Shellfish Sanitation Section Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenraov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review 2 Chairs, LLC 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"" r- S ee a 44ehd kmejA19' This agency has no comment on the proposed project. SIGNED 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. DATED Z Iq II Rece DEC 19 State of North Carolina I Environmenrel Quality I Coastal Management DICIV 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 PS .^ Marine Fisheries ENVIRONMENTAL OHAI I i' December 19, 2017 MEMORANDUM ROY COOPER MICHAEL S. REGAN SecRi BRAXTON C. DAVIS TO: Heather Coats, Assistant Major Permits Processing Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive, Ext., Wilmington, NC 28405 From: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA Application Review Applicant: Two Chairz, LLC Project Location: 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment This docking facility will be 100' or more from adjacent dockages both to the east and the west. As proposed, this project will not cause a closure of waters that are open to shellfish harvest. Received DEC 19 2017 State of North Carolina I Division of Marine Fisheries DCM 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28S57 252-726-7021 r ROY COOPER Governor 1_a MICHAEL S. REGAN Secmla" Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY Director December 7, 2017 RECEIVED TO: David Harris DEC 21 2017 NC DOT Roadside Environmental Unit DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)-ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: 2 Chairs, LLC Project Location: 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. IVc7yT gsroC�t'uko�; REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" r(J2131633 This agency has no comment on the proposed project. Dr"rr`"- Dolt,- 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 A,4 DATED /2/2z//�— JEi DL m WILMINGTON, NC DEC 2J2017 State of Noah Caroliw I Environmental Quality I Coastal Management 127 Cardinal (hive Ext., Wilmington, NC 28405 910-796-7215 VrL Coastal Management ENVIRONMENTAL QUALITY December 7, 2017 TO: Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER cowm MICHAEL S. REGAN semre y BRAXTON DAVIS Direct , FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: 2 Chairs, LLC Project Location: 1299 Cedar Landing Rd., adjacent to the A1WW, in Supply, Brunswick Co. Proposed Project: to construct a restaurant, docking facility and riprap revetment Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 31, 2017. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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 jA ,f i �_ DATED Q 11 2-1-4 FIEC7-IVED DCiM WILMINGTON, NC DEC 2 2 2017 Stale of North Ca inm I Environmental OtWily I Coastal Management 127 Cardiml Dnw EM , Wilwnglnn. NC 28405 910-796-7215 i Coastal Mnnaye`rim"ant; PENYII(ON MENTAL:aUALITV MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit coordinator FROM:. Curt Weychert,.DCM Fisheries Resource Specialist SUBJECT: 2 Chairz LLC DATE: December 15, 2617 ROX ,COOPERI _ \I Gavema IyIICIiAEL;S'REGA'i1i - sareray BRAXTON DAVIS' -Dlmidor A North Carolina Division of Coastal Manageriient (DCM),Fisheries Resource Specialist has reviewedthe LAMA Major permit application for proposed actions.that'impact fish and fish`habitats; The applicant is proposing to construct an access pier which would lead down to a floating platform measuring 8. in Width by 110' in length. This docking'facility would allow boaters access to an_upland restaurant. The depths ofthe water at, mean .low water alongthe:eastern part of the,floating dock likely -range from -1' to-2.3°at mean low water (MLW). The applicant proposes to limit formalized boat.slips to four (4), along the waterward''sideof the floating dock and prevent dockage on the other side with signage: Concerns were raised at a scopiog meeting on September 8th, 2017 from slielifish:sanitatiion about the number of formalized slips` associated with the floating dock facility. The waters in the Vicinity are currently open to shellfish harvest and the creation of a facility with large numbers of f ormalized,_slips could,caust a, shellfish closure: At the samescoping meeting, National Marine Fisheries Service (NMFS), NC Wildlife Resource Commission (WRC), and this office also -raised concern about -the potential for boats to'utilize the. shallow landward side of the floating;dock due to insufficient water depths at low:waten Due to the resource,;concerns raised about boats impacting.shallow bottom habitat coupled-with;the sanitation concern of a shellfish closure due to too many vessels utilizing the floating dock, this 6fficewould recommend that in addition -to appropriate signage, the floating dock have a hand railing,insfalled.along all perimeters not.designated"for boat access, The railing should be constructed;to;prevent;boats from tying off tothe floating dock andgaining access, Besides the construction.of a hand railing, there is no further comment on the project. Contact Curt -Weychert at (252) ii08-2808 ext.213 orCurt.Wevcfiert@ncdenr:eoii with.furtherquestions or concerns. 'f,''. State arNoM Carolina I P.nvironmental Quality I Cmtal Maaagtaneat 400 Com_ m_eme Avenue I Morehead City, NC 38557 252.808.28081252-247.3330 (fart) 0 CoastalManageakent ENVIRONMENTAL OUALIrY December 7; 2017 ROY COOPER Goverrm MICHAEL S. REGAN Se-eiary BRAXTON DAVIS Director TO: Curt Weychert Fisheries Resource Specialist MHC­DCM FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ.- Division of Coastal Management 127 Cardinal Drive Exti,Wilm., NG 28405 Kea1h6rc6ats0n&dii6r:'qo Fax: 395-3964 F-6 SUBJECT: CAMA / Dredge & Fill Application Review Applicant:, 2'Chairs, LLC Project Location: 1299 Cedar Lariding Rd., adjacent to the AIWW, in Supply,. Brunswick Co. Proposed Project. to construct a restaurant, docking facility and fiprap revetment Please indicate below gour. agen, y1s position or viewpoint'on thb; proposed project and turn Heathern at the address above by December 20'1'7. If you have;any .0 Goats P37formINNcoats questions regarding the proposed project, contact Sean Farrell at (910) 79&7424 when appropriate in-depth' comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** This agency has no comment on the proposed project. I 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 DATED 17,46 Received DEC 15 2017 DCM Stato of North Carolina I Environmenial Quality I Coastal Management 127 Cardinal Drive Fat., Wilmington, NC 28405 910-796-7215 DEG 2 UV17 DCM`� M D March 1, 2018 Regulatory Division Action ID No. SAW-2017-01994; 2 Chairz, LLC/1299 Cedar Landing Road Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of 2 Chairz, LLC to construct a commercial docking facility, new restaurant, and install rip rap along the shoreline, at a site located adjacent to the AIWW and Holden Beach bridge, at 1299 Cedar Landing Road, Supply, Brunswick County, NC. Specifically, the applicant proposes to construct a 6-ft wide X 67-ft long access pier with an 8-ft wide X 110-ft long floating dock with 4 slips, install rip rap along 130-ft of shoreline, and construct a restaurant with parking lot and a storm water pond on the remainder of the site. 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 modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.eov/nc- es/mammal/manatee euidelines.pdf. 2. Dredging is not authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted 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. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 JEC D6vi WILMINGTON, NC MAR 0 1 2018 -2- feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. 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. 10. 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. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. 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 r A -3- unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. 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. 15. 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). 16. 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. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the. Clean Water Actor 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 permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. k � ME Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Ms. Karen Higgins North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Mr. Pace Wilber National Marine Fisheries Service -Habitat Conservation Division Mr. Fritz Rohde National Marine Fisheries Service -Habitat Conservation Service Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Mr. Robb Mairs North Carolina Department of Environmental Quality -Division of Water Resources Ms. Heather Coats North Carolina Department of Environmental Quality -North Carolina Division of Coastal Management Mr. Justin Arnette USACE-Navigation Branch Coats, Heather From: Connie Marlowe <Connie. Marlowe@brunswickcountync. gov> Sent: Tuesday, February 13, 2018 4:32 PM To: Coats, Heather Subject: [External] RE: 2 Chairs, LLC project Sorry I did not respond earlier. Only comment is the Land Classification is Mixed Use rather than C-LD. The zoning classification if C-LD. Again, my apologies for not responding sooner. Thanks. From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent: Tuesday, February 13, 2018 4:23 PM To: Connie Marlowe <Connie.Marlowe@brunswickcountync.gov> Subject: 2 Chairs, LLC project Hi Connie, It's been awhile, I hope you're doing well! I just wanted to check in with you on the 2 Chairs project. Did you have any comments on this one? Thanks so much! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coatsCa7ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 '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. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE January 25, 2018 Regulatory Division Action ID No. SAW-2017-01994 2Chairs, LLC c/o: McGill Associates . Attn: Michael A. Norton, P.E. 712 Village Road, Suite 103 Shallotte, North Carolina 28470 Dear Mr. Norton: We have reviewed your application received by this office on January 18, 2018, for Department of the Army (DA) authorization to construct a restaurant, docking facility, and riprap revetment at 1299 Cedar Landing Road, adjacent to the AIWW, in Supply, Brunswick County, North Carolina. Coordinates are: 33.917547 N,-78.26845 W. Your application is a candidate for Federal authorization pursuant to the CAMA— Corps Programmatic process for construction activities that receive authorization from the State of North Carolina. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the Federal permit and you may commence your activity. QWy after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the Rivers and Harbors Act, has been assigned Action ID No. SAW-2017-01994. RECEIVED FEB 0 2 2018 DCM- MHD Ci Y Qu 9; comments may be WilrairigloaTiOld Office, Reguldt6rYB�4,;-teldPholle 01645.1-400, Rqgul4tOf,yprOj6,ctMan4ger 0opyFurnis-hed, 2C4**,!',LLC 193 MbordlAnd 9&EfWoi,ve,'Rorlfi'C4r6lina- 27341 r Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 March 20, 2018 Action ID No. SAW-2017-01994, General Permit No. 198000291 State Permit No. 21-18 Megill Associates, PA Attn: Mr. Michael A. Norton 712 Village Road, SW Suite 103 Shallotte, North Carolina 28470 Dear Mr. Norton: Fa On behalf of 2 Chairs, LLC, reference your application for a Department of the Army permit to construct a commercial docking facility, new restaurant, and to install rip rap along the shoreline, at a site located adjacent to the AiWW and Holden Beach Bridge, at 1299 Cedar Landing Road, Supply, Brunswick County, North Carolina. Coordinates are: 33.917547 N, -78.26845 W. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, Guidelines for Avoiding Impacts to the West Indian Manatee, and the approved plan dated January 23, 2018. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, Liz ftaif Proj tYanager Wilmington Regulatory Field Office RECEIVED MAR 2 2 2018 DCM WILMINGTON, NC -2- Enclosures: GP 291 conditions Manatee Guidelines Plans Copy Furnished (with enclosures): 2 Chairs, LLC 183 Moore I..ane Seagrove, North Carolina 27341 Electronic Copy Furnished (without enclosures): NCFWS; Mr. Pete Benjamin USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Scott McAloon NOAA/NMFS; Mr. Fritz Rhode NOAA/NMFS; Mr. Pace Wilber NCDEQ/DCM; Mr. Doug Huggett NCDEQ/DCM; Ms. Heather Coats NCDEQ/DWR; Mr. Chad Coburn NCDF,Q/DWR; Ms. Karen Higgins NCDEQ/DCM; Ms. Courtney Spears DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: 2 Chairs, LLC c/o McGill Associates 2. LOCATION OF PROJECT SITE: 1299 Cedar Landing Road adjacent to the Atlantic Intracoastal Waterway in Supply, Brunswick County NC. Photo Index - 2006: 4-6218, O-P, 10 Latitude:33°.917665"N Longitude: 78*.268611 "W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/15/2017 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 11/15/2017, received complete 11/30/2017 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification From LUP - CLD (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — N/A Planned — Municipal water/sewer (F) Type of Structures: Existing- Deteriorated bulkhead and riprap Planned — Construct a new restaurant, commercial docking facility, and riprap revetment (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) 120 sq. ft. (Shaded) (B) Open water 1010 (incorporated) (C) Other (Highground) 780 sq. ft. 55, 997 sq. ft. (riprap) (disturbed) (D) Total Area Disturbed: 57,907 sq. ft. (1.33 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: YES PROJECT SUMMARY: The applicant is proposing to construct a new restaurant, commercial Cdock`et, f ility, and riprap revetment. R a C G p V O DEC 12 2017 DCM- MHD CITY 2 Chairs, LLC Page 2 9. PROJECT DESCRIPTION: The proposed project site is the riparian lot to the west of the Holden Beach Bridge, adjacent to the Atlantic Intracoastal Waterway (AIWW) near Supply, Brunswick County NC. To find the property from U.S.-17 S Shallotte/Myrtle Beach turn left onto Stone Chimney Rd. SE and travel for approximately 0.4 miles. Stay straight through the light onto Old Ferry Connection SW and travel approximately 1.12 miles. Turn right onto Sabbath Home Rd. SW and travel for approximately 0.73 miles. Turn left onto Holden Beach Rd. SW/NC-130 and travel approximately 0.61 miles. Turn right onto Cedar Landing Road SW. The property will be located on the left side of the road, adjacent to the Holden Beach Bridge. The existing tract is mostly undeveloped with elevations averaging approximately 14' above Normal High Water (NHW). The lot was recently cleared of many of the previously existing pines, hardwoods, and shrubs that vegetated the tract. The existing grade and steep bluff on the tract are a result of former development, as the site was the previous bed for an older bridge over to Holden Beach. The site maintains approximately 222' of shoreline along the AIWW which is currently suffering from erosion due to a failed timber bulkhead that has been undercut, allowing coastal wetland vegetation, consisting primarily of Smooth Cordgrass (Spartina altemi fora) to migrate landward of the existing deteriorated sheetpiles. The Coastal Wetlands along the properties shoreline range from 10'-30' in width and appear to have suffered from erosion as well, likely due to constant boat wakes in the adjacent AIWW. There are existing areas of riprap along the applicant's shoreline that are contiguous with the adjacent properties to the east and west. The western section of riprap measures approximately 30' in length within the bounds of the applicant's property and averages a base width of approximately 8'. The eastern section of riprap measures approximately 80' in length within the bounds of the applicant's property and averages a base width of approximately 10' (See Sheet #C-103). The Brunswick County Land Use Plan classifies the adjacent high ground area of project site as Commercial (CLD). There are no known archaeological sites located in the project vicinity. The waters of the adjacent AIWW are classified SA; HQW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN E O0 to the D harvest of shellfish. PROPOSED PROJECT: DEC 12 2017 The applicant is proposing to construct a new restaurant, commercial dockitefacjlity, and riJraC*T nent. The total area of the proposed building for the restaurant would be approximately 2,800 sq. ft., of which approximately 1,963 sq. ft. would be located within the 75' Coastal Shoreline AEC. The total area of the proposed gravel parking lot and driveway measures approximately 13,333 sq. ft. of which approximately 1,997 sq. ft. would be located within the 75' Coastal Shoreline AEC. The total project would have an impervious surface area measuring approximately 38.6% of the total parcel area. The applicant is proposing approximately 3,960 sq. ft. of impervious area to cover approximately 28.4% of the lot area within the 75' Coastal Shoreline AEC none of which would be located within the 30' Coastal Shoreline Buffer. See Sheet G-002 for full breakdown of impervious area calculations. The application shows approximately 840 sq. ft. of open decking for restaurant seating proposed to abut the waterward side of the proposed building, located entirely with the 75' AEC. The construction of the proposed commercial restaurant, parking lot, driveway, and stormwater infiltration basin would involve the grading of approximately 55,997 sq. ft. (1.29 acres) of high ground. The applicant submitted a Sedimentation and Erosion Control Plan and Stormwater Site Development Plan to the N.C. Division of Energy, Mineral, and Land Resources on November 3, 2107. 2 Chairs, LLC Page 3 Waterward of the proposed open decking, the applicant is proposing approximately 420 sq. ft. of access ramp located partially within the 30' Coastal Shoreline Buffer as well as a proposed shoreline perpendicular walkway measuring approximately 6' in width by 30' in length which is proposed to continue through the 30' buffer to the proposed pier. (See Sheet C-102). The applicant is proposing to remove the existing deteriorated timber bulkhead and construct a riprap revetment to stabilize the actively eroding portion of the shoreline. The proposed riprap would be placed between the existing sections of riprap which are contiguous with the adjacent shorelines to the east and west. The proposed new riprap revetment would measure approximately 130' in length and range from approximately Y-6' in width. The waterward toe of the proposed riprap would be located approximately 2' landward of the Coastal Wetland boundary flagged by DCM on 09/27/2017 (See Sheet C-105). All proposed riprap would be located landward of the MHW mark. The proposed construction methodology would involve excavation of the existing bank to create the desired slope for placement of the proposed riprap (See Sheet C-105). The excavated material would then be used in the grading process for the proposed upland development. The application states that the proposed material to be used for the riprap revetment would be either Class B or Class 1 stone with an underlayment of geotechnical fabric. The applicant is proposing a shoreline perpendicular access pier measuring approximately 6' in width by 67' in length. The waterward end of the proposed pier would connect to a ramp measuring approximately 6'- in width by 12' in length, which would lead down to a shoreline parallel floating platform measuring approximately 8' in width by 110' in length with a nub for the ramp landing measuring approximately 40 sq. ft.. The proposed location of the floating platform would leave a separation measuring approximately 109.4' from the adjacent docking facility to the east (Holden Beach Marina) and approximately 100' from the docking facility to the west. A sign reading "NO BOATS BEYOND THIS POINT" is proposed to be affixed to one of the landward pilings to deter boats from docking on the landward side of the proposed floating dock. This configuration would accommodate vessels to dock on the waterward side of the proposed floating dock, would allow docking space for 4 vessels in waters depths measuring approximately -2'- to -3' at Mean Low Water (MLW) (See Sheet C-102). The proposed docking facility would extend approximately 60' into a waterbody measuring approximately 320' in width, which would locate the facility approximately 55' landward of the 1/4 width distance (See Sheet C-105). The proposed docking facility would not exceed the U.S. Army Corps of Engineers Federal Channel Setback and would be located landward of the established pier head line between the adjacent docking facilities to the east and west. The applicant is not proposing to encroach into either of the adjacent 15' Riparian Com'ddt tbaftD 10. ANTICIPATED IMPACTS: DEC 12 Z017 According to the application, the proposed grading associated with the proposed upland develo t sypy 1 disturb an area measuring approximately 55,997 sq. ft. The total impervious sur tt A4 1 cover approximately 38.6% of the entire tract of which approximately 28.4% within the 75' AEC. The applicant has proposed to divert runoff from the proposed restaurant and parking lot to a stormwater infiltration basin located outside of the 75' Coastal Shoreline AEC (See Sheet C-101). The placement of the proposed riprap would require the excavation of approximately 28 cubic yards of material to be used onsite for the proposed grading for the upland development. The proposed access pier would shade approximately 120 sq. ft. of Coastal Wetlands and the docking facility in total would incorporate approximately 1010 sq. ft. of Estuarine Waters and Public Trust Area. The facility would accommodate up to 4 vessels in waters that are OPEN to the harvest of shellfish. Minor increases in turbidity should be expected during construction. Submitted by: Sean C. Farrell Date: December 7, 2017 Office: Wilmington nem Ill APPLICATION for Major Development Permit (last revised 1212T06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name 2 Chairz Lic Prolect Name (if applicable) 2 Chairz Restaurant Applicant 1: First Name Ml Last Name Applicant 2: First Name MI Last Name If additional appfli: s, please attach an additionar pages) with names Wed. Mailing Address 183 Moore Ln PO Box city Seagrove State NC ZIP 27341 Country us Phone No. 910 - 644 - 0126 ext. FAX No. - - Streel Address (A different from above) City State ZIP Email vccbhan@atmc.net 2. AgentlContractorInformation Business Name Mcgill Associates PA Agent) Contractor 1: First Name MI Last Name Michael A Norton Agentb Contractor 2: First Name Ml Last Name Mailing Address PO Box city State 712 Village Rd. SW, Ste 103 Shaltotte NC ZIP Phone No. 1 Phone No. 2 28470 910-755-5872 ext, - - ext. FAX No. Contractor # 910 755 5875 Street Address (if different from above) City State ZIP Email michael.norton@mogillengirieers.com <Form continues on back> Dl-rot WILMINGTON, NC FEB 0 2 204 252.808-2803 .. 1.888.6RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) `1V APPLICATION for Major Development Permit I 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 1299 Cedar Landing Rd, 1299 Subdivision Name City State Zip Supply NC 28462 - Phone No. Lot No.(s) (#many, attach addttlonat page with list) axt I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber AIW W 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 AIWW e. Is proposed work within city limits or planning jurisdiction? I. If applicable, fist the planning jurisdiction or city limit the proposed []Yes ®No work falls within. Brunswick County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 221.94 46.943.8 c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NAIL (normal water level) (if many lot sizes, please attach additions! page with a list) 14' ❑NHW or ®NWL e- Vegetation on tract Shoreline wetlands and grasses and upland shrubs and trees. f. Man-made features and uses now on tract Public Utility Services g. Identify and describe the exisfing land uses ad6acent to the proposed project site. East - Retail /Water Use Recreational West - Marina h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? CLD (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes []No k. Has a 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 ft Involve a ❑Yes ®No ❑NA National Register listed or eligible property? l Ei <Form continues on next page> DCNI WILMINGTON, NC FEB 0 2 2010 2 3 2 - 8 0 8 - 2 8 0 8 :. 1-888-4RCOAST :: www.n ccoastalmaha game nt. net r�. Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ®Yes ONO (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, rf available) n. Describe existing wastewater treatment facilities. Public Sewer Available for Use o. Describe existing drinking water supply source. Public Water Available for Use p. Describe existing storm water management or treatment systems. None Current; Stormwater Management Plan Proposed 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublictGovemment ❑PrivateiCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Full service restaurant, with acces from land or water. Docking facility is also proposed for commercial vessel slips as part of typical function. 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. Bank stabilization and rip -rap installation will make use of upland excavating equipment. A small floating barge platform, with pile hammer will be used to assist in bulkhead removal, as well as new construction. The barge will remain affixed to the subject property dock when not in use. d. List all development activities you propose. Upland development of restaurant & parking, with public utility connections. Pier & Dock construction proposed for water use/access. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work I. What is the approximate total disturbed land area resukfng from the proposed project? 55,997 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any pudic easement, public accessway or other area ❑Yes ®No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No current or proposed direct discharge to water of the state. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, wiil this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on baci DCM WiLMING i JN, NC; FEB 0 2 2018 252-808-2808 :. I.888-4RCO AST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-f) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 potion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between wont completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamillarwith the area to the site. d. A copy of the deed (with slate application only) a 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. f. A list of the names and complete addresses of the adjacent waterfront (dparlan) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. 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 Jerry A. Halley Jr. Phone No. Address PO Box 699, Cary NC 27511 Name NCDOT Phone No. Address 300 Division Dr., Wilmington, NC 28401 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, parmittee, and issuing dates. h. Signed consultant or agent authorization form, it applicable. 1. 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 pudic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 fact 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 January 23, 2018 Print Name Michael A. Norton 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 ®DCM MP4 Structures Information ul,IV, WILMING7 ON, NC FEB 0 ? 201E 252-808.2808 :: 1.888.41111COAST :: www.nceonstaimanagament.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg. Existing NA NA Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (II) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (li) If no, attach a letter granting permission from the owner e. (I) Does the disposal area include any 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 (ii) Describe the purpose of disposal in these areas: b. Type of material to be excavated. d. High -ground excavation in cubic yards. ®This section not applicable of disposal area. d. p) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (III If yes, where? f. (I) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? DEC 12 2017 DCM- MH DCM V NC 252.808-2808 :: 1.888.4RCOAST :: ww•w. nccoastal management. net revjggV 1,296/0017 VVL' Farm DCM MPi2 i(F_xcavati0ry and Fill, Page:2:•of 21 ;V VIJV,/\LLI/�{�V{f9L/ILILI"I.I.Iwow (Iftlevefop5nenEls We oodgmin, _us9 MP-4— Sbvctdres): a. Type-ofahore0naetab0¢allon: b: U ®Rfprep OBreikwatens➢l: 00iner. _ C. Average distance walerwamnfNHWorNWL: 6.6a; e ' Type ofatabilizatl6n i_n9ferial , ClasiB or Class 1'siose over geotephrlical fa* g. ryumtier�cl square feet of,till (o=tie placed'below,water IeveL< Bulkhead. backfill0_ RfprapQl Bteakwater/SlllO OtN'ef0, a;, §ource.of ftmatariai If yes; QOAmount ofmatedal to ba�placetl to fhe`water` _ (5) Qlmensldns offili area (r) Purpose:df fill Wavated Hgld I ysed In dpland,6nstnictl6n per State Sed1EC Plan: Sedimentfencing below.dp:rap. c.. (i) Will; navigational aids beregplred,asaresultofthe pfolect$ ❑Yea ZN6 ❑0A" (0),If yes„explain what type.and bow they, will.. be Implemented,. []71iis section VNtllFli 3.0$:0' d 'Maximum-dfslancetwatenvardofNf W:orNWI., 0:00" f, ( HHas Mai been ahore)[rie erosion,dudng precedlrig i2 mortfhs7� ., ®Yes ONd ❑NA (1) Myes state amount of erosion and source .'of erosion ambunta inforinelton`::. Appmz. T along _8'-'sfldion m SAN property'66 frier h., type;offll material. - -- NIA ®This sec6on not applicable (1) pew ❑SAV — ❑se =. OWL EINow pi). Descnbe:tt ,;purpose of the fi0.fn these:areas: Baokhoe 1 E icavetor` d<, O • Will wetlands be crossetl er transpo ting,equipme it 0 project+. site?. OYes' MNO' ❑NA (Iq�lf yes; explain steps lhat,will be.taken;to.avoiitor minimize, environmentahmpacts, Octpberl8p 2017 Z Chairs,LLC -'Michael /L Norton;Agent, Date Applicant Name: �� - Received 2 Cheirz Res(aurant _.. - . .. AppgcantSlgnature -! ProlectName - - _ - FEB 16 7018 DCM 252,808-2808:: 1-888-4RCOA57 :. •:vvr•N.nccoastoVman amznf net revis=d. 12!2Sid6 MM Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 One (1) commercial restaurant. c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. n/a 55,997 SF (1.29 AC) e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion aril to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing Gravel; Concrete; Structure Rooftop activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ❑No []NA (ii) If yes, list the date submitted: November, 3 2017 g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 28.4% within 75'AEC ®Yes ❑No ❑NA i. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: November 3, 2017 and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 38.6% j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local Brunswick County Sewer Service approval? ❑Yes ONO []NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stonnwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, 'Wash down" and residential discharges). []Yes ONO ❑NA N/A If yes, attach appropriate documentation. RECEIVED DEC 12 2017 DCAX MFID CITY 252-808.28082 :: 1-888-4RCOAST . www.nccoast-almanagement.net W L IW�g 26I06 DCM N64%N. NC NOV 3 0 2017 Form DCIYI MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Brunswick County Public Water Service o. When was the lots) platted and recorded? Plat date 7/22t15, Recorded 1111/16 October 18, 2017 Date 2 Chairz Restaurant Project Name 2 Chairz LLC - Michael A. Norton, Agent Applicant Name Applicant Signature / n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA RECEIVED DEC 12 2017 DCW WND CITY RECEIVED DCM WILMINGTON. NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagament.net revi3�1 �'JkH 17 Form DCM MP-4 STRUCTURES (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 ❑Public/Govemment ❑Private/Community c. (1) Dock(s) and/or pier(s) (ii) Number 1 Dock, 1 Pier (Ili) Length 110' Dock, 67' Pier (Iv) Width $' Dock. 6' Pier (v) Floating ®Yes []No []This section not applicable b. (1) Will the facility be open to the general public? ®Yes ❑No d. (i) Are Finger Piers included? ❑Yes ONO If yes: (it) Number (Ill) Length (iv) Width (v) Floating ❑Yes []No e. (1) Are Platforms included? []Yes ONO f. (1) Are Boatlifts included? []Yes ONO If yes: If yes: (11) Number (it) Number (Ili) Length (Ili) Length (iv)Width (Iv)Width (v) Floating []Yes []No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift arxl/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 4 ❑ 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: k. Typical boat length: 25' m. (1) Will the facility have tie pilings? []Yes ®No (11) If yes number of be pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout , RECfCdVi= DEC 12 2017 DCM- MHD CITY I. (i) Will the facility be open to the general public? ®Yes ❑No DCM WECEIVED ILMINGTON, NC 252.808.2808:: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 1 i i08 Form DCM MP-4 (structures, Page 2 of 4) vs-z— 2. DOCKING FACILITY/MARINA OPERATIONS ID 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 pumpouk 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? m. Is the marina/docking facility proposed within a prima or secondary nursery area? p , EC E d V fZLMI_IVED primary L � DCM WILMINGTON, NC ❑Yes ❑No DEC 12 2017 NOV 15 2017 Cc�HD 252-808-2808:: 1.888-4RCOAST:: ww",v. nccoas to l management. net DCPA_ Mrevised: 12127;06 el 1 Y Form DCM MP-4 (Structures, Page 3 of 4) n. Is the madna/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 wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed madnaldocking 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 lifts) NThis section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Pdvate/Communfty (if) Number (III) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) NThis section not applicable a. (I) Number (11) Length (Ili) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) NThis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS NThis 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 b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DEC 12 2017 7. GENERAL DC+PA- KIND CITYRECEIVED DCM WILMINGTON, NO 252.808-2806 :: 1 8d3-4RCOA5T :: vrww.nccoastalmanagement.net revised: 12;27'05 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 15' (East End), 87.4' (West End) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 250' e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (11) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 100, d. Water depth at waterward end of structure at NLW or NWL 2.3' at NLW 18. OTHER ®This section not applicable a. Give complete description: October 18, 2017 Date 2 Chairz Restaurant Project Name 2 Chairs LLC - Michael A. Norton, Agent Applicant Name p 1<ca Applicant Si natur RECEIVED DEC 12 2017 DCW UND CITY RECEIVED DCM WILMINGTON, NC NOV 15 2017 252.808-2808:: 1-888-4RCOAST :: www.nccoastalmanacement. net revised: 1Z27: 06 Project Narrative 2 Chairz Restaurant, Holden Beach, NC 2 Chairs, LLC wishes to develop vacant land along the Atlantic Intracoastal Waterway for a restaurant, intended to be accessible by boat, as well as mainland vehicular traffic. Riprap is proposed along the shoreline slope on the landward side of coastal wetlands. The proposed restaurant is 2,800 square -feet, and includes an 840 square -foot open deck on the south side of the building. Wooden access ramps/stairs are proposed in the front and rear of the facility. A proposed 6-foot wide pier would provide connectivity to an 880 square -foot floating dock, with four proposed slips. The attached plans depict current details of the project, including the delineated coastal wetland and mean high water line. Stormwater is intended to be treated on site with an infiltration basin, and standard sedimentation and erosion control measures are to be implemented during construction. The facility will be served by public water and sewer. Rip -Rap Design Narrative The existing slope facing the Atlantic Intracoastal Waterway is somewhat steep in places, and partially bordered by a damaged bulkhead structure, which is to be removed. The addition of rip - rap is proposed along the toe of this bank, above the high-water line and wetlands, to tie into existing rip -rap on adjacent properties. The rip -rap width is proposed to be 3-6' in width, with minimum thickness of 12-18", per plan detail. The toe and base of the rip -rip is to be embedded into the slope, with geotechnical fabric underlaying the stone. Excavation is proposed to reduce slope grades where needed to allow the rip -rap surface to fall between 1.5:1 (H:V) and 3:1 (H:V). The ground above the rip -rap will be re -graded as necessary to give the land a slope of approximately 2.5:1 up to the final surface, with permanent stabilization expected using Bermudagrass Sod or an approved equivalent. RECEIVED DEC 12 2017 DCM- NIHD CITY RECEIVED DCM WILMINGTON, NC NOV 3 0 2017 Coastal Management ENVIRONMENTAL OUAWTY December 7, 2017 2Chairs, LLC c/o McGill Associates 712 Village Rd, Suite 103 Shallotte, NC 28470 Dear Mr. Norton, ROY COOPER G. MICHAEL S. REGAN 5'ecrer"re BRAXTON DAVIS Director 1-2 The Division of Coastal Management hereby acknowledges receipt of your application for State approval, acting as agent for 2 Chairs, L-C, for development of the property located at 1299 Cedar Landing Rd. adjacent to the AIWW in the Town of Supply, Brunswick County. The application was originally received complete by our office on November 30, 2017. The application appears to be adequate for processing at this time. The projected deadline for making a decision is February 13, 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 November 15, 2017, 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. 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 me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerel , Searrell Field Representative Enclosures cc: Morehead Files, DCM Heather Coats, DCM Debra Wilson, DCM Liz Hair, ACOE Chad Coburn, DWR Connie Marlowe, Brunswick County LPO 2 Chairs, LLC, applicant RECEIVED DEC 12 2017 DCM- h"HD CITY State of North GroBm I Envhonmemal Quality I Coastal Memgement 127 Cardiml Drive Ext.. Wilmington. NC 28405 910-796-7215 NW0ry 'o N Lu Pi ICJ L I U t� AMA PERMIT �11 =j =j 1 0 tIVA, . .00 -. Cedar Suppty; COMMENTS ACCEPTED THROUGHDQcemher 31, 2017 APPLICANT: Agent: Michael Norton (910) 755-5872 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �Z NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Tara MacPherson, Field Specialist 910-796-7425 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: 2 Chairs, LLC Mailing Address: 183 Moore Ln. Seagrove, NC 27341 Phone Number: 910.664.0126 Email Address: vccbrianCalatmc.net I certify that I have authorized McGill Associates, P.A. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: full service restaurant with access from land or water. Docking facility is also or000sed for commercial vessel stops as oart of tvoical function. at my property located at 1299 Cedar Landing Rd., Suooly, NC 28462 , in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Rickie W. Moore Print or Type Name Member/Organizer Title /OI 30 1 /7 Date This certification is valid through I I RECEIVED DEC 12 2017 DCM- MiAD CITY RECEIVED DCM W LMINGTON, NC NOV 15 2017 V 2 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to 2 Chairs, LLC Is (Name of Property Owner) property located at 1299 Cedar Landing Road (Address, Lot, Block, Road, etc.) on the Atlantic Intracoastal Waterway , in Holden Beach (Supply) N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above locatign. ( I have no objection to this proposal. ha-- DESC SE NDER:'SECTION COMPLETE THIS SECTION ON DE? IVERY (Individual props ■ Complete Items 1, 2, and 3. A. nature ■ Print your name and address on the reverse 1 S El Addrei so that we can return the card to you. F. C� ecelvad M (Primed Name1 C. Date or Dell ■ Attach this card to the back of the mailp q �� I ,, or on the front if soace Dermits. F`,1\� S~n lrleYS l ( - (o — irmie Aciaressea 10: OG (UL 3cD OIJ�SIbn 'ur' W l(min9 "YN NG oZ�tFOI Is delivery address different from Item 1? u Ye; It YES, enter delivery address below: ❑ No ServiceSignature pR I I IIIIII IIII III I III I I I I I II II II II II IIII II II III3. 0 ❑ Adult Signature Restricted Delivery ❑ Rg§ aeaMalesWted 9590 9402 3306 7196 3458 30 oClMalR aMail esMcted Delivery ❑ Return for ❑ Collect on Delivary Merchandise 9 ❑ Collect on Delivery Restated Delivery ""' ❑ Signature ConfrmtionTM ❑Signature 7016 0600 0000 552 n ail Reataa[etl Delivery 9758 Restricted Delivery ry I understand that £; Ps Forth 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Sature Zael A. Norton, Agent for 2 Chairs LLC Print or Type Name 712 Village Road SW, Suite 103 Mailing Address S��/(hyyalll�Go/lggte/,NN[C�28470 91i1�.T55. 8� 73lmichael.norton@mcgillengineers.00m Telephone Numberl email address November 2, 2017 Date Signat�lu�tre Ahor.)w H 0.NLMU C Print or Type Name ZW, 300 N;v;s,ah rt..r Maili g Address U;IM.1 At . A r. 7-8ynl CityStat lZi 2,J, SS R"CEWED Telephone Numberl email address t//lb-/(il— DEC 12 2017 Date* (Revised 1PAM4) Kfo H ® C I TY 'Valid for one calendar year after signature' e McGH1 November 2, 2017 Mr. Jeff Garrett Assistant District Engineer Division 3, District 3 NCDOT 300 Division Drive Wilmington, North Carolina 28401 Dear Mr. Garrett: CO Domestic Er t1Il�NGTDN+ NC 23401 � ti e4 Mail FeeLn f3. U ; g 0459 Ln SeNICee A, Fees (p/ ke ,, eW M 7 Q ❑ Realm H Ipl (he wpy) IS Q El Re R"Pf le1Wc ic) 1 69 pwmlark C ❑ c"ew mml Raemnm Delivery e S Wt Here p pAdRSlg-N. Repui,ee $ _ QAdeeS mW. Rea do DeMe,11 C3 rouge $1.61 `ao TO o"ne 11/)12I21�17 $7.71 -0 C3 - To 3 --- c� � r` Ne: - 1-------I------------------ Soo mvC-sionZr. -- - - -- ---------------------------------------------------------- Subject: 2 Chairs, LLC 1299 Cedar Landing Rd. Holden Beach, NC 2 Chairs, LLC is applying for a CAMA Major Permit to perform the construction of a 6' pier, remove the existing bulkhead and install rip rap and vegetative stabilization to prevent any future erosion of the southern slope located at 1299 Cedar Landing Rd., Holden Beach, in Brunswick County, North Carolina. The specifics of the proposed work are represented in the enclosed application forms and drawings. As an adjoining property owner you are entitled this notification to ensure you understand the planned activities, and to provide the opportunity for your comments on the project. Please review the permit application and drawings, and feel free to contact me directly as needed to understand the activities proposed. If you have objections to this proposed activity, you may send your written comments to Mr. Sean Farrell, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. All comments will be considered by the Department in reaching a final decision regarding the application. If no comment is received within the allotted time, it will be assumed there is no objection. Please feel free to call me at 910-755-5872, or email me at michael.norton[ mcgillen_ineers.com if you have any questions regarding this project. Sincerely, McGILL ASSOCIATES, P.A. Michael A. Norton, PE Shallotte Office Director Enclosures RECEIVED DEC 12 2017 DCM- N HD CITY cc: Mr. Brian Murdock, 2 Chairs LLC DCM RECEIVED NC Mr. Sean Farrell, DCM N 1, yI 2OO 712 VILLAGE ROAD, 5W. SUITE 103, SHALLOTTE, NORTH CAROLINA 28470 1 910, 755. 5872 1 www.mcgil O.Yn 1rs com-- @ McGill A 5 5 0 L' I A T 5 5 November 2, 2017 Mr. Jerry A. Hailey, Jr. PO Box 699 Cary, NC 27511 Dear Mr. Hailey: rq rr- I• rR v 1 y ru C.Me M:mFee f3. 35 Ln Ln Y IiCe & F.W kOar, �A O ❑Realm Re Ipt(Owtlwpy) Y O ❑ Rwum Re V (ele WHO S C3 ❑c«un.e tfell RartrklW l)el aiy s O ❑Anon sgaeeee ReAWeO $ ❑Aa�n slpnewm ReanlaM14lleMwy s A r9 O Subject: r` $1.61 t?.il �frti A INC. a15 2 Chairs, LLC is applying for a CAMA Major Permit to perform the construction of a 6' pier, remove the existing bulkhead and install rip rap and vegetative stabilization to prevent any future erosion of the southern slope located at 1299 Cedar Landing Rd., Holden Beach, in Brunswick County, North Carolina. The specifics of the proposed work are represented in the enclosed application forms and drawings. As an adjoining property owner, you are entitled this notification to ensure you understand the planned activities, and to provide the opportunity for your comments on the project. Please review the permit application and drawings, and feel free to contact me directly as needed to understand the activities proposed. If you have objections to this proposed activity, you may send your written comments to Mr. Sean Farrell, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405-3845, within 30 days of your receipt of this notice. All comments will be considered by the Department in reaching a final decision regarding the application. If no comment is received within the allotted time, it will be assumed there is no objection. Please feel free to call me at 910-755-5872, or email me at michael.norton(c mceilleneineers.com if you have any questions regarding this project. Sincerely, McGILL ASSOCIATES, P.A. Michael A. Norton, PE Shallotte Office Director Enclosures cc: Mr. Brian Murdock, 2 Chairs LLC Mr. Sean Farrell, DCM l l i i i2'201' RECEIVED DEC 12 2017 DCM- IVHD CITY (r'�1((^±`,� ��R IE�C,�IEII�/V�ET(D��� 712 VILLAGE ROAD, SW, SUITE 103, 5HALLOTTE, NORTH CAROLINA 28470 1 910.755.5872 1 wwvPPNj f14IILgIH6Y+'TP At NC NOV 15 2017 11/29/2017 Detail 70160600000055219741 Add Name Delivery Attempt: Action Needed: Additional Information This is a reminder to arrange for redelivery of your item or your item will be returned to sender. You may arrange redelivery by using the Schedule a Redelivery feature on this page or calling 800-ASK-USPS, or may pick up the item at the Post Office indicated on the notice. Get Text and Email Updates Tracking History U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. Reminder to Schedule Redelivery of your item, ,.a ru m et November 4, 2017 C3 0 8:50 am o Distribution to PO Box in Progress, c CARY, NC 27512 c a -a ...... ............... ............_.................._......_..._...-......_..-._...-._._......._....._......_................. o November 4, 2017 ,`°-n 8:40 am c t` Sorting Complete, CARY, NC 27512 November 4, 2017 6:02 am Available for Pickup, CARY, NC 27511 November 4, 2017 5:33 am Arrived at Unit, CARY. NC 27511 November 3, 2017 8:34 pm Departed USPS Regional Facility, RALEIGH NC DISTRIBUTION CENTER RECEIVE® DEC 12 2017 _..... _....................... _...... _... _..... _.... _...................... __...... _....... _... _............ _............. _.... _... _..... _....._.._... _.... ...... _.... _.._.._....... _........... _.........p�.�..IV CTT"Y M https://m.usps.conVmrrrackGonfrmAcbon_detail?tLabels=70160600000055219741 1/2 11/29/2017 Detail November 3, 2017 12:07 pm Arrived at USPS Regional Facility, RALEIGH NC DISTRIBUTION CENTER November 3, 2017 2:20 am Departed USPS Regional Facility, CHARLOTTE NC DISTRIBUTION CENTER November 3, 2017 1:20 am Arrived at USPS Regional Origin Facility, CHARLOTTE NC DISTRIBUTION CENTER November 2, 2017 5:03 pm Departed Post Office, SHALLOTTE, NC 28470 November 2, 2017 4:18 pm USPS in possession of item, SHALLOTTE, NC 28470 Remove from Tracking RE CEIVED DEC 12 2017 DCPJI_ PVHD CITY https://m.usps.00mlmrrrackConfirmAebon_detail?tLabets=70160600000055219741 2/2 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to 2 Chairs, LLC s (Name of Property Owner) property located at 1299 Cedar Landing Road (Address, Lot, Block, Road, etc.) on the Atlantic Intracoastal Waterway , in Holden Beach (Supply) N.C. (Waterbody) (CitylTown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) S' natureX,Qrt Signature* rv'chael A. Norton, Agent for 2 Chairs LLC Print or Type Name Print or Type Name 712 Village Road SW, Suite 103 Mailingg Address Mailing Address Shallott9, NC 28470 C�tyM50 rp City/State/Zip 9'TD.755.58�2/miehael.narlon@mcgilleng ineers.com Telephone Number/email address Telephone Number/email address November 2, 2017 Dale Date RECENED (Revised Aug.2C911,CEIVED DEC 1 2 2017 'Valid for one calendar year after signature' DCM WILMINGTON, NC NOV 15 2017 DUA- kifflH© CITY 0 PREPARED BY: COUNSEL OF THE CAROLINAS 310 N. FRONT ST., STE. 4-147 WILMINGTON NC 28401 III III I! IIIIIIIIIIIIIIIIIII II IIIIII B3834 P064611-01-2016 m 1 18 PROP 07.001 Brunswick County, NC Register of Deeds page 1 of 3 Brenda M. Clemmons Register of Deeds 11-01-2016 11:18:07.001 Brunswick County, NC NC REVENUE STAMP: $400.00 (#506154) 4Pres ► ff r- Ret� T�o Ro In �Ck __c �_�$ Refund: _ (as.1; Finance O POt10nS01d00unie,nau t.' :i:46 uw wcoodi§On otorginal. - ❑ Dosumentamt,!- t , ndginal InSnM ttidl Gln:U[ L.v 11.1AW.'euorcopler". *_ zOL(q The preparer drafted the deed in this transaction but no title search was requested and no title search has been performed. The preparer expresses no opinion on title to the property or the accuracy or completeness of the legal description. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds if required in subject County. TAX PARCEL ID NO.: 232NA009 EXCISE TAX: $400.00 STATE OF NORTH CAROLINA REEVEI V ED COUNTY OF BRUNSWICK DEC 12 2017 prep tW � : MCW f. (PSPECL L WARRANTY DEED DC M- M H D CITY THIS DEED, made thio�- day of October, 2016, by and between First Community Bank, a Virginia corporation, whose address is P.O. Box 989, Bluefield, Virginia 24605, Grantor, and 2 Chairs, LLC, a North Carolina limited liability company, whose address is 183 Moore Lane, Seagrove, North Carolina 27341, Grantee. The property conveyed herein does not include the primary residence of Grantor. The designation Grantor and Grantee as used herein shall include said parties, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does give, grant, bargain, sell and convey unto RECEIVED DCM WILMINGTON, NC NOV 15 2017 01 Brunswick County. NC Register of 63834dP0641emI nsf03'PROP the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, State of North Carolina, and more particularly described as follows: Lying and being in Lockwood Folly Township, Brunswick County, North Carolina, and being more particularly described as that 1.09 acre tract as depicted on plat of survey prepared by Christopher D. Stanley, P.L.S. and dated July 22, 2015, and recorded in Map Cabinet "- at Page q—+ , Brunswick County Registry, said plat incorporated herein by reference. This is a portion of that property acquired by First Community Bank per Deed in Lieu of Foreclosure recorded September 16, 2013, in Book 3453, Page 387, Brunswick County Registry. Sometimes known as 1299 Cedar Landing Rd. SW, Supply, NC 28462 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend such title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Ad valorem property taxes for current and subsequent years. 2. Express recorded access to the State Road is not conveyed. 3. That approximately 24.99' x 217.26' strip on the western portion of the property conveyed herein as claimed by adjoining property owner. 4. Applicable restrictions, easements, fiber optic equipment, water mains, or rights -of -way, whether of record or not of record. 5. All local, county, state and federal laws and regulations relative to the zoning, occupancy, subdivision, usage, construction and development of the described property. R E—CEIVED DEC 12 2017 L'C ol, A,4,HD CITY RECEIVED DCM WILMIINGTON, NC NOV 15 2017 ������������������������������� Brenda M. ClOmr Of Deeds Page 3Tf aPa0P IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. First Co 5B k By: (SEAL) RAeRTA.Anddsl1h, Vice President COMMONWEALTH OF VIRGINIA COUNTY OF TAZEWELL I, &AJO, cue. R6I4.1 a Notary Public of the aforesaid County and Commonwealth, do hereby certify that Robert M. Anderson of First Community Bank, a Virginia corporation, personally appeared before me this day being personally known to me and acknowledged the due execution of the foregoing instrument as the duly authorized Vice President of First Community Bank. 41- Witness my hand and official stamp or seat, this the )6 day of October, 2016. Notary Public My Commission expires: ,` 1 (AFFIX SEAL) W-99m- BRANDDN GENE ROUIND Notary Public Commonwealth of Virginia Reg. #7580053 My Commission Expo. April 30.2017 0FC 12 2017 DCM- IAND CITY RECEIVED DCM WILMINGTON, NC NOV 15 2017 @ McGill A S S O C I A T E S November 28, 2017 Mr. Sean Farrell, Field Representative NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 RE: 2 Chairs, LLC Holden Beach, NC Response to Comments dated 11-20-17 Dear Mr. Farrell: In response to comments dated November 20, 2017 the following items have been addressed: 1) Please include a to scale cross-section of proposed rip -rap with exact base- width/height dimensions being proposed. If possible, please elaborate on rip -rap design methodology within narrative, as design appears unique with regards to the amount of bank excavated to place rip rap. Per our follow-up meeting in your office, we have revised the representative cross- section to depict proposed slopes and dimensions more clearly. The narrative has also been updated. 2) Please include the approximate waterward edge of marsh on the site plans as well as the approximate width of the waterbody (measured marsh edge to marsh edge). Approximate waterward edge of marsh and approximate width of waterbody are now shown on plans. 3) Please complete MP-1 Section 4 (e)for existing vegetation on tract (grasses, shrubs, wetlands, etc...) MP-1 Section 4 (e.) has been completed. 4) Please list date that plans were submitted to DEMLR for stormwater/efgstor} t4r:oZ� MP-3 (e)ii and (h)ii. Rti lr i V MP-3 items (e)ii and (h)ii have been completed. DEC 12 2017 5) Please submit hard copy green card return receipts as soon as they are received from LISPS. DCM- MHD CITY RECEIV(�E7D'(��,I 712 VILLAGE ROAD, SW, SUITE 103, SHALLOTTE, NORTH CAROLINA 28470 910. 755, 5872 1 w...m`cg1111\einginelei{YbM iJCi NOV 3 0 2017 Mr. Sean Farrell November 28, 2017 Page 2 Enclosed is one of the adjacent property green card return receipts, along with the associated riparian property owner statement. The other has not been received though we've provided documentation of mailing. 6) DCMrecommends prior coordination with DEMLR to ensure proposed encroachments ofupland building/decking/parking lot within the 50' buffer will be consistent with state stormwater rules. This is noted, and understood as reviewed with appropriate parties during the scoping meeting discussions. Included with this letter are the following items: - One copy of revised Plan Sheets C-101, C-102, C-103, C-105 - One copy of revised MP-1, page 2 - One copy of revised MP-2, page 2 - One copy of revised MP-3, page 1 - Adjacent property owner notifications and receipts - Updated project narrative Please feel free to call me at 910-755-5872 with any questions regarding this submittal. Sincerely, McGILL ASSOCIATES, P.A. MICHAEL A. NORTON, P.E. Shallotte Office Director Enclosures RECEIVED DEC 12 2017 DCtA- W HD CIT) RECEIVED DCM WILMINGTON, NC NOV 3 0 2017 la Elm Coats, Heather From: Lora White <lora.white@mcgillengineers.com> Sent: Thursday, February 15, 2018 9:49 AM To: Coats, Heather Cc: Michael Norton Subject: [External] RE: 2 Chairz Follow -Up Attachments: 2018.0215 Signed MP-2.Page 2.pdf Heather, Attached is page 2 of the MP-2 signed by Michael Norton. Also, the ARPOS notification package to Mr. Jerry Hailey was sent to PO Box 699, Cary, NC 27511, which is his address of record with the Brunswick County Tax Office. Per USPS tracking, it was never claimed. Please let me know if you need anything further. Thank you, Lora Lora White Administrative Assistant 777 712 Village Road SW, Suite 103 1 Shallotte, NC 28470 Phone: 910.755.5872 Fax: 910.755.5875 lora.white@mcgillengineers.com I www.megillengineers.com From: Michael Norton Sent: Thursday, February 15, 2018 8:16 AM To: Coats, Heather <heather.coats@ncdenr.gov> Cc: Lora White <lora.white@mcgillengineers.com> Subject: FW: 2 Chairz Follow -Up Heather, We'll pull the MP-2 signature sheet and get you that this morning as well. Michael From: Michael Norton Sent: Wednesday, February 14, 2018 10:13 AM To: Coats, Heather <heather.coats@ncdenr.gov> Cc: Brian Murdock <vcc@atmc.net> Subject: 2 Chairz Follow -Up Farrell, Sean C From: Farrell, Sean C Sent: Monday, November 20, 2017 1:50 PM To: 'Ty Prentice' Cc: 'Michael Norton' Subject: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS-1299 Cedar Landing Rd Ty and Michael, We originally accepted your application, acting as agent for 2 Chairs, LLC, under the impression that it was complete. On subsequent review, I have discovered that additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: 1. Please include a to scale cross-section of proposed rip -rap with exact base-width/height dimensions being proposed. If possible, please elaborate on rip -rap design methodology within narrative, as design appears unique with regards to the amount of bank excavated to place rip rap. 2. Please include the approximate watenaard edge of marsh on the site plans as well as the approximate width of the waterbody ( measured marsh edge to marsh edge). 3. Please complete MP-1 Section 4 (e.) for existing vegetation on tract ( grasses, shrubs, wetlands, etc...) 4. Please list date that plans were submitted to DEMLR for stormwater/erosion control MP-3 (e)ii and (h)ii 5. Please submit hard copy green card return receipts as soon as they are received from USPS. 6. DCM recommends prior coordination with DEMLR to ensure proposed encroachments of upland building/decking/parking lot within the 50' buffer will be consistent with state stormwater rules. In accordance with the Department of Environmental Quality regulations, we note that a certain time has passed while the application has remained in our office. Upon resubmission of a complete application, a local decision will be made in 70, provided this period is not extended as provided by law. Please contact me at (910)796.7424 if you have any questions. Sean Farrell Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7424 office Sean.Farrell@ncdenr.gov p 127 Cardinal Drive Ext RiC����� Wilmington, NC 28405 DEC 12 P017 F M-,- - I '`Nothing Compares DCM- i IHD CITY Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. November 13, 2017 Mr. Sean Farrell NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Subject: 2 Chairs, LLC Holden Beach, NC Dear Mr. Farrell: On behalf of 2 Chairs, LLC we are pleased to provide the enclosed permit application forms and plan sheets for the subject project. Enclosed you will find the following: • Form DCM MP-1 Application for Major Development Permit • Form DCM MP-2 Excavation and Fill • Form DCM MP-3 Upland Development • Form DCM MP-4 Structures • Plan Drawings • Project Narrative • Check in the amount of $400.00 • Copy of Deeds • Copies Adjacent Riparian Property Owner Statements • Copies of the Adjacent Property Notification Letters with receipts for Certified Mail. • Copy of the Certified Mail Return Receipt from NCDOT. Please feel free to call me at 910-755-5872 with any questions regarding this submittal. Sincerely, McGILL ASSOCIATES, PA Michael A. Norton, PE Shallotte Office Director Enclosures cc: Mr. Brian Murdock 'DECEIVED DEC 12 2017 [)CM- MHD CITY RECEIVED DCM WILMINGTON, NC 712 VILLAGE ROAD, SW, SUITE 103, SHALLOTTE, NORTH CAROLINA 28470 1 910, 755. 5872 1 www.Agi J,,b h417c.m 1.2 ROY COOPER Governor MICHAEL S. REGAN Secretary Coastal Management ENVIRONMENTAL OUALITY December 8, 2017 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Hampstead Investment Holdings, LLC / Pender County • 2 Chairs, LLC / Brunswick County Robin: Please publish the attached Notice in the Wednesday, December 13, 2017 issue. BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, Shaun K. Simpson Permit Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Liz Hair - USACE Sarah Young- DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 910-796-7215 ., a xl ' NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On November 27, 2017, Hampstead Investment Holdings, LLC proposed to construct a 224-slip dry stack facility and a 22-slip open water marina (and excavation), and associated amenities at 579 Lewis Rd., adjacent to the AIWW in Hampstead, Pender County; And on November 30, 2017, 2 Chairs, LLC proposed to construct a new restaurant and commercial docking facility, and to install a riprap revetment at 1299 Cedar Landing Rd., adjacent to the AIWW, in Supply, Brunswick County. Copies of the applications can be examined or copied at the offices of Jason Dail (PN Co.) or Sean Farrell (BR Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 3, 2018 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 �xv From: Michael Norton [mailto:michael.norton@mcgillengineers.com] Sent: Monday, December 11, 2017 12:08 PM To: Simpson, Shaun <shaun.simpson@ncdenr.gov> Cc: Lora White <lora.white@mcgillengineers.com> Subject: [External] RE: Site Card Correction Hi Shaun. Thanks for the follow-up on this. We'll modify the date on the card once received. Best, Michael Michael A. Norton, PE Shallotte Office Director aM A.S..S O:.0 1 A L"E `S 712 Village Road SW, Suite 103 [ Shallotte, NC 28470 Phone: 910.755.5872 1 Cell: 910.367.6869 1 Fax: 910.755.5875 michael.norton@mcgillengineers.com [ www.mcgillengineers.com From: Simpson, Shaun[mailto:shaun.simpson@ncdenr.govl Sent: Monday, December 11, 2017 8:29 AM To: gfinch@lmgroup.net; Michael Norton <michael.norton@mcgillengineers.com> Subject: Site Card Correction Hello Greg and Michael, Due to an error by the Wilmington Star News, the public notice affidavit for your projects (Sloop Pt. Boat Storage / 2 Chairz) did not run as requested. Consequently, it is necessary to change the date for accepting comments. The site cards had already been mailed to you with the original date, so when you receive your letter and site card, will you please cross through the date on the card and write the new date of January 3, 2018? I'm sorry for the inconvenience. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone:(910)796-7126 Shaun.Simason @ncdenr. gov Coastal Management ENV IRON MENTAL QUALITY December 7, 2017 Advertising@stamewsonline.com 2 Pages Star News \ Legal Advertisement Secti' Post Office Box 840 Wilmington, North Carolina 2 02 Re: Major Public Notice for: • Hampstead Investment Holdings, LLC / Pender County • 2 Chairs, LLC / Brunswick County Robin: Please publish the attached Notice in tite Sunday, December 10, 2017 issue. The State Office of Budget & Management payment for newspaper advertising. Please send the original affidavit and invoice for pi Coastal Management, 127 Cardinal Drive Extension, \ credit card to the attention of Tanya Wright, (Ref acct # Please email a copy of the credit card receipt to me. ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Dueaor an original Affidavit of Publication prior to to Shaun Simpson at the NC Division of ,ton, NC 28405, 910-796-7226. Paying by Thank you for your assistance in this matter. If you should have anrions, please contact me at our Wilmington office. cc: Sincerely, X� Shaun K. Simpson Permit Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC REC6VED Liz Hair - USACE Sarah Young- DCM DEC 12 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On November 27, 2017, Hampstead Investment Holdings, LLC proposed to construct a 22444 dry stack facility and a 22-slip open water marina (and excavation), and associated amenities at 579 Lewis Rd, adjacent to the AIWW in Hampstead, Pender County, And on November 30, 2017, 2 Chairs, LLC proposed to construct a new restaurant and commercial docking facility, and to install a riprap revetment at 1299 Cedar Landing Rd, adjacent to the AIWW, in Supply, Brunswick County. Copies of the applications can be examined or copied at the offices of Jason Dail (PN Co.) or Sean Farrell (BR Co.), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 31, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED DEC 12 2017 DCM- IVIHD CITY State of North Carolina I Environmental Quality I Coastal Mnagement 127 Cardinal Drive Ext., Wilmington, NC 28405 9/04967215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AiWW Fee:$400 #4868 CDAITS --�E MHC cc Applicant: 2 Chairs, LLC Agent/Contractor: McGill Associates, c% Michael Norton Project Site County: Brunswick Staff: Sean Farrell District: Wilmington Project Name: 2 Chair: Restaurant & Docking Facility Rover File: River Basin: Initial date of application submittal: 11-15-17 Date application "received as complete" in the Field office Permit Authorization: ❑CAMA ❑Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: []Yes IRNo PNA: ❑Yes o Photos Taken: Yes No[] Setback Required (riparian): Yes No Critical Habitat: ❑Yes o ❑Not Sure 15 foot waiver obtained: ❑Yes f71No Hazard N tification Returned: 7� ❑Yes No SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes ❑No Not Temporary Impacts: "❑Yes JoNo Sure Sandbags: ❑Yes CKNo ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: 1 as ❑No" []Yes QNo Moratorium Conditions: Environmental Assessment Done: Length 9f Shoreline: []Yes ❑No ;NA ❑Yes [ANo ❑NA - FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) O -or- Closed I 73 cr-t SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) High Quality Waters (HQW) I ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina Iternifiora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Saltimeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Foret [1 Express Permit - $2000 cre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge ^� $100 and/or fill-$400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 DCM- -- II; H D ;r 2 Chairs, LLC Date: 1011-15-17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace f Maint ❑ ❑ YN I 6 S New Work Replace r Maint ❑ ❑ Y JQN S New Work Replace `X Maint ❑ ❑ Y N 0 New WorkjQ Replace New Work ❑ Repl ce Main/ ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact - tempimpacts) impact temp im acts amount 5J amount) q j� Dredge ❑ Fill [] Both ❑ Other f V Dredge Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other /01 Dredge ❑ Fill ❑ Both ❑ Other lb Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ jar ej\je® DECI%ZV 919-733-2293 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE Development Type Fee DCM % DWR % 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $25C 0% $0 It. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 111. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWR concurrence is needed because of concerns related to water quality or a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 4097 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands land/or open water areas: $475 60% $285 40% $190 Date Date Check From Name of Vendor Check Check Permit Number NOTES Received Depos (Name) Permit Holder Number amount ited 11/16/2017 VCC, Inc 2 Chairs, LLC BB&T 4868 $400.00 major fee, 1299 Cedar SF rct. (Rickie W. Landing Rd., Supply 5342D Moore) BrCo NO s lit r LU U > o LU U 1,1 LU LiJ O IS' � U g � \75AECE I I� RLO WATER B FFER I 4.5 BL 1� 1 11 EB 1 TING DING SQ FT J 15' RIPARIAN CORRIDOR SETBACK LINE PIER 100 RIPARIAN CORRIDOR Wjz;�<v4p�•f�: qy_ 7 C a O EXISTING DOCK RETAINING e WALL MEAN HIGH ---_-___---- WATER.' \\ NOVEMBER: 2016 -APPROXIMATE WATERWARD EDGE OF MARSH APPROX GROUND + MLW DEPTH ELEV 0.6'� ELEV -4.9' SCALE. MLW DEPTH 2.3' Mm i •�y .. Uk •• MUMMA WA i MEAN HIGH i -WATER APPROXIMATE WATERWARD NOVEIu15ER, 20i6 EDGE OF MARSH GROUND � PROPOSED 6' x 67' FIXED PIER ' PROPOSED 6' x 12' RAMP PROPOSED x 110' ELEV -2.6' r i I FLOATING DOCK _o \COASTAL WETLAND LINE FLAGGED BY DCM LOCATED 9/27/17 BULKHEAD PROPOSED RIP RAP APPROX. 140 LF (SEE DETAIL) APPROX MLW DEPTH GROUND 0-6' ELEV -3.2' �V\vD + APPROX GRO ND MLW DEPTH SUP 1 ELEV -5.4' 2.8' WATER BODY WIDTH APPROXIMATELY 355' 1 INCH = 20 FEET OF AUS DELTA IN O D 1 84.90 158.38 30430D 5 23'4238 W 83.88 Cl 72.81 894.93 4'39 41 IN 35'17 32 W 72.79 894.93 1'27 58 5 3713 42 E 22.90 N22.90 12.71 894.93 D'4849 IN 31'0519 W 12.71 T^ 15' RIPARIAN CORRIDOR SETBACK LINE "NO BOATS BEYOND THIS POINT" SIGN AFFIXED TO PILING AND FACING S/E � RIPARIAN CORRIDOR LINE 109.4 PROPOSED 8' T.W. PILING (TYP.) ¢\P 3 PROPOSED 27.5' BOAT SLIP (TYP.) 0PV\GN"ONO\ANPV#4 - O BUMPER JAN 2 44 2018 DCM I FENDER ! � VWa wz� U z� (a(� w� Qa "ze Uz U� o<z� a� U� �zs a d W W= Z. z z qw- < w w a m 'zwi: mmEry� p zzm zr¢_z z 1�p U-mZm'E Rao..0w p ww¢w O LL' R'OUpU v�J Y 0 W O� �z as — o Q w Qof �Q 00 w Z U)O O� ap 0❑ C L SHEET C-102 RETAINING WALL Q MEAN HIGH^____ i \ NOVEMBQFR, 2016 APPROXIMATE WATERWARD EDGE OF MARSH APPROx GROUND + CMLW8 DEPTH ELEV -3.4' i EXISTING RIP RAP COASTAL WETLAND LINE FLAGGED BY DCM LOCATED 9/27/17 PROPOSED RIP RAP APPROX. 140 LF i J (SEE DETAIL) MEAN HIGH -WATER PROPOSED 8' x 110' FLOATING DOCK `NOVEMDER-, 2016 GROUND + Ei APPROXIMATE WATERWARD EDGE OF MARSH /— RIPARIAN CORRIDOR LINE BRIDGE PILE BASE "NO BOATS BEYOND THIS POINT" SIGN AFFIXED TO PILING AND FACING S/E i— PROPOSED 6' x 67' FIXED PIER-2.6 PROPOSED 6' x 12' RAMP AP G LW DEPT- APPROX 3 MLW DEPTH GROUND + 0.6' ELEV PROPOSED 8' T.W. PILING (TYP.) -3.2' G SVp 3 P CIE I� PROPOSED 27.5' BOAT SLIP (TYP.) ""GRJ.I4ND + MLW DEPTh SUPS ELEV -5.4' 2.8' PIER / FLOATING DOCK PLAN VIEW SCALE: 1" = 20' �� 1�1�'' /Nnr...::.. ,_ Ilillli llllllli' IIIlillllll Illlllllllllt _ _ PROFILE OF PIER / FLOATING DOCK (SECTION A -A) SCALE: 1" = 20' GRAPHIC SCALE / I INCH = 20 FEET �,11nIIh� H CAR On RECEIVF-6 z W4 s CM WILMINU l UN, NU : + 0 58" �ttgF,y � ,+ 0_ �pj G Nam° 1 FEB 0 2 a is w J LL O IY IL -6 z a Y U O O w w a SHEET C-103 CUT BANK TO MEET SLOPE REQUIREMENTS (2.5:1 (H:V) MAX, 3:1 (H:V) MIN.) h STABILIZE WITH BERMUDAGRASS SOD OR EQUIVALENT 1.5:1 (H:V) MAX. TOP EXTEND SLOPE TO SILT 3:1 (H:V) MIN. NK FENCE 3' MIN. COASTAL 18" MIN. LIE WETLAND EXISTING GROUND 12" MIN. - \/>/ EXISTING (�') 2' MIN. TOE \// GROUND (TYP.) CLASS B OR CLASS 1 RIP RAP UNDISTURBED EARTH UNDERLAYED FILTER FABRIC BLANKET (MIRAFI 14ON OR APPROVED EQUAL) EC RIP RAP DETAIL AT TOE OF SLOPE @ WATERWAY 39 UPDATED NOVEMBER, 2017 NOT TO SCALE JrwrBERMUOAGRA55 SOD OR EQUIVALENT A_. 81. JC MEAN HIGH WATER v / 6' PIER a STING RIPRAP' __--c RIPARIAN CORRIDOR APPROXIMATE WATERWARD EDGE OF MARSH 100.0 8' X 12' RAMP r A� y, A 8' X TiD FLOA DOCK (ON SF) — 27.5' BDAT SUP (TYP.) WATER BODY WIDTH APPROXIMATELY 355 or Q SF-TgPCK AP-GP�OA CAoc A WP�R BpO� O'D� y,..°... OF \ PPPROy,\MPS 1\00 _,ck ft NPNGPS\0N ��NEE GN10 GAPNNE` NPNI APPROXIMATE WATERWARD EDGE OF MARSH WATER BODY WIDTH SCALE: 1" = 60' J t=L- DCM WILMINGTON, NC FEB 0 2 2018 p 9/ c EAL _ 025856 tir qFl ° oA w � V wz • a Z� 4ZZ �zZ UZE zR 50� � V c ZE a 04 R (y a a Vi z u z Z J O 0' U F- O z z Z 0 U `0 U z z It 0_ m f �o@��� gZZ Z UOp U'NZO p Gw<wo OOUOUu-1/ F- J � W> 0 Q EL Q InO�Cf D_ w I— Ei< 06 SHEET C-105 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small OT Lne rluuu wrier, UIC 1E1U11u ICC IUIDVC ILO Ilvac •v ul ct.uic. wo Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. IRECEIN United States Department of the Interior DEC 12 WEST INDIAN MANATEE SAFETY GUIDELINES NOT TO SCALE FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 4 U83 w • F z� ~Z UZO ZI Uoa rn v zg aa� w�z ;I z mX COI s Z m Z a z J O m Q U Of Of O z Z z O U Y U_ U) Z z Of M m Q Z ITI o Q= (7 . ■ SHEET C-104 IMMOK01=01 PROJECT NAME: 2 CHAIRZ OWNER: 2 CHAIRS, LLC 183 MOORE LN. SEAGROVE, NC 27431-8578 (910) 664-0126 VCCBRIANOATMC.NET PROJECT PARCEL NUMBER: CURRENT ZONING: CURRENT USES: PROPOSED USES PROJECT ADDRESS: PARCEL ACREAGE: WETLANDS: 232NA009 CO-CLD VACANT RESTAURANT 1299 CEDAR LANDING RD. HOLDEN BEACH, NC 1.09 AC. 357 SF COASTAL WETLANDS IMPERVIOUS AREAS WITHIN PARCEL BOUNDARIES: BUILDING: 2,800 SF GRAVEL PARKING / DRIVE: 13,333 SF CONCRETE: HANDICAP PARKING 18' x 27': 486 SF DUMPSTER PAD 12' x 12': 144 SF DRIVE AT ENTRANCE: 230 SF TOTAL: 860 SF TOTAL IMPERVIOUS WITHIN PARCEL BOUNDARIES: 16,993 SF IMPERVIOUS PERCENTAGE WITHIN PARCEL BOUNDARIES: (35.87) PROJECT IMPERVIOUS AREAS WITHIN NCDOT R/W CONCRETE DRIVE AT ENTRANCE: TOTAL PROJECT IMPERVIOUS AREA % IMPERVIOUS PERCENTAGE: TOTAL PROJECT DISTURBED AREA IMPERVIOUS AREAS WITHIN 75' AEC LINE: BUILDING: GRAVEL PARKING/DRIVE: TOTAL: LOT AREA WITHIN 75' AEC: 30% OF 75' AEC AREA: IMPERVIOUS AREA WITHIN 75' AEC: % OF IMPERVIOUS AREA WITHIN 75' AEC: MINIMUM SETBACKS FRONT YARD: 25' SIDE YARD (TOTAL): 22' SIDE YARD (ONE SIDE): 10' REAR YARD: 6' 1,336 SF 38.6% 55,997 SF (1.29 AC) 1,963 SF 1,997 SF 3,960 SF 13,936 SF 4,180.8 SF 3,960 SF 28.4 % GENERAL NOTES 1. SURVEY DATA BY GARY GURGANUS LAND SURVEYING, TITLED "SURVEY FOR 2 CHAIRS LLC" DATED DECEMBER 9, 2016. 2. DOMESTIC WATER SERVICE PROVIDED BY BRUNSWICK COUNTY VIA A WATER LINE IN R/W OF CEDAR LANDING ROAD. 3. SEWER SERVICE PROVIDED BY BRUNSWICK COUNTY BY OWNER -CONSTRUCTED ON -SITE PUMP STATION AND FORCE MAIN CONNECTION TO AN EXISTING GRAVITY SEWER MANHOLE WITHIN NCDOT R/W. 4. EROSION CONTROL METHODS, INCLUDING BUT NOT LIMITED TO SEDIMENT FENCE, STORM STRUCTURE INLET PROTECTION, AND 7 DAY & 14 DAY GROUND STABILIZATION METHODS SHALL BE USED DURING SITE MODIFICATIONS. EROSION CONTROL DURING CONSTRUCTION WILL BE IN COMPLIANCE WITH THE STATE OF NORTH CAROLINA REGULATIONS. 5. STORMWATER TREATMENT SHALL BE IN COMPLIANCE WITH BRUNSWICK COUNTY REGULATIONS AND THOSE OF THE STATE OF NORTH CAROLINA.. 6. PROPOSED DUMPSTER SHALL BE USED FOR TRASH COLLECTION. 7. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING EXISTING UNDERGROUND UTILITIES PRIOR TO BEGINNING WORTH WHETHER OR NOT SAID UTILITIES ARE SHOWN ON THE PLANS. LOCATIONS SHOWN ON THE PLANS SHOULD BE CONSIDERED APPROXIMATE AND FIELD VERIFICATION SHOULD BE PERFORMED. ANY DAMAGE TO EXISTING UTILITIES SHALL BE CORRECTED TO THE SATISFACTION OF THE UTILITY OWNER BY THE CONTRACTOR AT HIS/HER EXPENSE. 8. SHOULD THE CONTRACTOR DETERMINE THAT EXISTING CONDITIONS OR OTHER FACTORS PRESENT OR MAY PRESENT A CONFLICT TO PERFORMING THE WORK SET OUT ON THE PLANS AND/OR OTHER CONSTRUCTION DOCUMENTS, HE/SHE SHALL IMMEDIATELY CONTACT THE ENGINEER FOR DIRECTION. 9. THE CONTRACTOR SHALL NOT PERFORM ANY WORK ON ANY PROPERTIES OUTSIDE THE BOUNDARIES OF THIS PROJECT EXCEPT AS MAY BE ALLOWED BY PROPERTY OWNERS IN WRITING. 10. POSTED SPEED LIMIT IS 25 MPH ON CEDAR LANDING RD. 11. ALL EXTERNAL LIGHTING SHALL BE INTERNALLY ORIENTED AND MEET ALL STANDARDS OUTLINED IN SECTION 6.9 OF THE BRUNSWICK COUNTY UNIFIED DEVELOPMENT ORDINANCE INCLUDING THE DARK SKY LIGHTING REQUIREMENT, FIXTURE HEIGHTS, LOCATION OF LIGHTING, AND ILLUMINATION LEVELS. 12. HERITAGE TREES WERE LOCATED AS SHOWN ON PLANS BY GARY GURGANUS LAND SURVEYING. 13. WEST INDIAN MANATEE SAFETY GUIDELINES SHALL BE OBSERVED DURING CONSTRUCTION. (SEE DETAIL) 1' ECE V E® DEC 12 2017 DCM- P.ND CITY \ \\, lI II///// ooCARO`9�/ - : a SEAL 0258566� - F� N` "R ' icyq p@ pcm W I NOV N z z J O rr U x O z zz O U Y U_ U) m z m m ^.m 1>>�� UwKw0 p Uzm ZF: "'y z yjo'O0 m Zo E OQwQm�y OJOO co w F- U odz Wo Oa z� qJ cr C LL O 0 wz z w 'IV�b NGTON,NC SHEET FLOOD ZONE DESIGNATION: "AE" BUILDING HEIGHT: 28' G-002 OWNER: JERRY A. HAILEY JR. P.O. BOX 699 CARY, NC 27511 PARCEL 232NA002 64.304 S0. TT. 1.47 ACRES ww CABINET 32. PAGE 505 DEED BOOK 2506 PAGE W9 IUPEWDM AREA 52 SF) 75' E9TUARINE SHORELINE AEC UNEE - � Y 30' COASTAL VQSRNG SHORELINE AEC BULKHEAD O U17ING E%ISRNG 11 Z BULKHEAD gURDING p JI '9 m )4 (TYP.) DETAIL i 0 ARD 6" E. (SEE DIET "15nNG BORDING ts12 SO ET INIMUM 5" 4,000 PSI CONCRETE IN R/W ®' W/ 15' x 15' FLARE PER NCDOTANDARDS PLAN 1,565 SF — (SEE DETAIL) \ 50 0 25 50 100 £r \ GRAPHIC SCALE 1INCH = 50 FEET (I \ o 00 DI 3 OWNER: 00 DIVISION DRIVE WILMINGTON, NC 28401 \\\ INSTALL NCDOT .0o e. ` \ \\\\ \�\\\\\\\\\�\ C/A FENCE PER \ NCDOT STANDARD 'LE a nW \ ��\\\� s ao s �� \ ilia >\\\\\\\\\ '�' PROPOSEDSTORMWATER \ INFILTRATION W\ \\\ ` (� i/� �•\ \� \ BASIN \ -UP ao Jill ° 16,I� 21IIIw 6\\ 5\ l // eam, sFw, 63.00 16' x 25' ISLAND ( 111 a I 1Boe4 DPANEL s0 R \ 0 ,w BERMUDAGRASS SOD_ \�mo, m 0 > OR EQUIVALENT A_" 81.00 MEAN HIGH WATER, EXISTING Z 1 2016 SO-- RIPARIAN CORRIDOR LINE — APPROXIMATE WATERWARD EDGE OF MARSH 100.0 — CONCRETE WHEEL STOP (TYP. — SEE DETAIL) (n skip . J 1 fl 11Y C w Iles.'' ■ Received 12' x 12' CONCRETE DUMPSTER PAD (SHALL BE SCREENED WITH LATTICE —TYPE SCREENING AND z 4 2018 SHRUBS PER SECTION 6.4 OF JAN BRUNSWICK COUNTY UDO. SEE LANDSCAPE PLAN.) DCM HANDICAPPED ACCESS SIGN (TYP. — SEE DETAIL) '\ 75' AEC LINE FROM MEAN HIGH WATER ELEVATED HVAC UNIT (SCREENED WITH LATTICE TYPE ' SCREENING IN ACCORDANCE / WITH BRUNSWICK COUNTY UDO) 1_ IF enEA B 50' STORMWATER BUFFER FROM E N�},j(,G iI ' r 30' CAMA BUFFER FROM MEAN HIG 1 APPROXIMATE WATERWARD EDGE 0 AR ° RIPARIAN CORRIDOR LINE 15' RIPARIAN CORRIDOR SETBA LINE / PROPOSED RIPMF o"> APPROX. 140 LF 109.6 6' PIER / 6' Xp,112' RAMP "NO BOATS BEYOND THIS POINT" SIGN — 15' RIPARIAN ' COFjj�,�OR SE ACK � AFFIXED TO PILING E-nNV� �,> �. �,. �a"'�"' 8' X 110' FLOATING AND FACING S/E. _},.... 1 DOCK (880 SF) / L 27.5' BOAT SLIP (TYP.) WATER BODY WIDTH APPROXIMATELY 355' ma WATER Q Z J O Of U 2 O }Z Z 7 O U Y U_ Tn Z Z) K m SHEET C-10, ®CM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name 2 Chairz Llc Project Name (if applicable) 2 Chairz Restaurant Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 183 Moore Ln PO Box city Seagrove State NC ZIP 27341 Country us Phone No. 910 - 644 - 0126 ext. _ . . . _ FAX No. Street Address (d different from above) city Stale ZIP Email vccb6an@atmc.net 2. Agent/ContractorInformation Business Name Mcgill Associates PA Agent/ Contractor 1: First Name MI Last Name Michael A Norton Agent' Contractor 2: First Name MI Last Name Mailing Address PO Box City State 712 Village Rd. SW, Ste 103 Shallotte NC ZIP Plane No. 1 Phone No. 2 28470 910 - 755 - 5872 ext. ext. FAX No. Contractor # 910 755 5875 Street Address (if different from above) City State ZIP Email michael.norton@mcgillengineers.com CER/A REIni J <Form continues on back> DEC 12 2017 RECEIVED DCM WILMINGTON, NG 1lr'"_ WHI) nr-ry Nov 16 7 252.808-2808 :. 1-888.4RC0 AST :: www.nccosstalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit .3. Project Location County (can be multiple) Street Address Stale Rd. # Brunswick 1299 Cedar Landing Rd. 1299 Subdivision Name City State Zip Supply NC 28462 - Phone No. Lot No.(s) (Amany, attach additional page with list) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber AIW W 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 AIWW 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. Brunswick County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 221.84 46,943.E c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 14' ❑NHW or ®NW L e. Vegetation on tract f. Man-made features and uses raw on tract Public Utility Services g. Identify and describe the existing land uses ad acen to the proposed project site. East - Retail (Water Use Recreational West - Marina h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? CLD (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 Distnct or does ft involve a ❑Y ❑ National Register listed or eligible property? <Form continues on next page> 'RECEIVED RECEIVED DEC 12 2017 DCM WILMINGTON, NC 252.808.2808 .. 1.888.4RCOA9T .. www.nccoa MP"gDCF.hTy U \ 2017 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. Q) Are there wetlands on the site? ❑Yes ®No (it) Are there coastal wetlands on the site? ®Yes []NO Chi) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Public Sewer Available for Use o. Describe existing drinking water supply source. Public Water Available for Use p. Describe existing storm water management or treatment systems. None Current; Stormwater Management Plan Proposed 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublidGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Full service restaurant, with acces from land or water. Docking facility is also proposed for commercial vessel slips as part of typical function. 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. Bank stabilization and rip -rap installation will make use of upland excavating equipment. A small floating barge platform, with pile hammer will be used to assist in bulkhead removal, as well as new construction. The barge will remain affixed to the subject property dock when not in use. d. List all development activities you propose. Upland development of restaurant & parking, with public utility connections. Pier & Dock construction proposed for water use/access. 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? 55,997 ®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? h. Describe location and type of existing and proposed discharges to waters of the state. No current or proposed direct discharge to water of the state. i. Will wastewater or stonnwater 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 I. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> DEC 12 2017 RECEIVED DCM WILMINGTON, NC 252-808.2808 .. 1.888.4R G 0 AST .. ww w. nccoas al a tGA 152017 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consuR 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, Geary indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site 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 Jerry A. Halley Jr. Phone No. Address PO Box 699, Cary NC 27511 Name Pisces Venture LLC Phone No. Address 3238 Pompano St. SW, Supply NC 28462 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 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 Act. 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 fact 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 October 18, 2017 Print Name Michael A. Norton Signature RECEIVED Please indicate application attachments pertaining to your proposed project. CA &��''����V I.J®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culv�s �y 1 GX017 ®DCM MP-3 Upland Development V y/�f��r ®DCM MP-4 Structures Information Li`+M- I1%i H D CITY RECEIVED DCM WILMINGTON, NC 252-808.2803 .. 1-888-4RC0 AST .. w w w. n c c o a s t a l m a n a 9 e m a n k. m a t N0V i j%01I'll Form DCM MP-2 (Excavation and Fill, Page 2 of 2) M 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. type or shoreline stabilization: []Bulkhead ®Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 4.30' e. Type of stabilization material: Class B or Class 1 stone over geotechnical fabric g. Number of square feet of fill to be placed below water level. Bulkhead backfill 2 Riprap 0 BreakwaterlSill 0 Other 0 I. Source of fill material. b. Length: liLr Width: 3.0-6.0' d. Maximum distance waterward of NHW or NWL: 13.2' f. (I) Has there been shoreline erosion during preceding 12 months? ®Yes []NO ❑NA (II) If yes, slate amount of erosion and source of erosion amount information. Approx. V along 8' section in SNV property comer. h. Type of fill material. NIA 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes [-]No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Held / used in upland construction per State Sed/EC Plan; Sediment Fencing below rip rap. c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. October 18, 2017 Date 2 Chairz Restaurant Project Name submerged aquatic vegetation (5AV), shell bottom (58), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe / Excavator d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 2 Chairs LLC - Michael A. Norton, Agent Applicant Name Applicant Signature 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanggernent.net DEC 12 2017 - TY DCM VII WAd AC NOV 3 0 2017 PROPOSED RAMP &DOCK ADDITIONS 2 CHAIRZ BRUNSWICK COUNTY, NORTH CAROLINA SURVEYOR GARY GURGANUS LAND SURVEYING 3105 HOLDEN BEACH RD SW SUPPLY NC 28462 (910) 233-7605 j VICINITY MAP McGill ASSOCIATES ENGINEERING -PLAN NING-FINANCE 711VRIAGER0AD9W,SU[1E103 SRAUDMNC29470 PR.(910)755-5&n FRRMIACENSEYCM59 PROJET SITE OCTOBER, 2017 SCHEDULE OF DRAWINGS G-001 .....COVER SHEET G-002 .....GENERAL NOTES & SITE INFORMATION C-101 .....PROPOSED DOCK/PIER SITE PLAN C-102 .....PROPOSED RAMP & DOCK ADDITIONS AREA INSET C-103 .....PIER /DOCK PLAN & PROFILE C-104..... WEST INDIAN MANATEE SAFETY GUIDELINES C-105 .....RIP RAP DETAIL SEAL o 0258 6 1 a � a A� A. NpP\ /1//I I110\\� RECEIVE v4afID 2 2017 DCM- f*IAHD C DCM WILM NC 017 9■ it -.0 qo ARD 6" '. (SEE DET PARCEL 232NA002 14.304 50. I .47 ACRES LIAP CABINET 32, PAGE 508 DEED BOOK 2506. PAGE 58B IKPERNaUS aRu SF) 1 75' ESTUARINE SHORELINE AEC LINE 3w sE JO' COASTPL IXISIING SHORELINE AEC BULKHEAD I ca EXISTING � € BULKHEAD �IILDIN6 I E)65IING BNLDINO 1512 50 F RO m \ P a kR R Ro oR 0 ; R5.00 63.00 16' x 28' - - 1 1 ISLAND (4 ,S MINIMUM 6" 4,000 PSI CONCRETE IN W/ 15' x 15FLARE PER NCDOT STANDARDS PLAN 1,565 SF — (SEE DETAIL) \ 50 0 25 50 1DD \ \ \ GRAPHIC SCALE 1 INCH = 50 FEET INSTALL NCDOT \ \ C/A FENCE PER NCDOT STANDARD \ -PROPOSED \ STORMWATER INFILTRATION \ BASIN 16 ISLAND �2" 11\\I 1 51 1 \1 �00 CONCRETE WHEEL STOP (TYP. — SEE DETAIL) 12' x 12' CONCRETE DUMPSTER PAD (SHALL BE SCREENED WITH LATTICE—TYPE SCREENING AND SHRUBS PER SECTION 6.4 OF k BRUNSWICK COUNTY UDO. SEE LANDSCAPE PLAN.) HANDICAPPED ACCESS SIGN (TYP. — SEE DETAIL) « 75' AEC LINE FROM MEAN HIGH WATER ' \ ELEVATED HVAC UNIT (SCREENED WITH LATTICE TYPE SCREENING IN ACCORDANCE WITH BRUNSWICK COUNTY UDO) EXISTING RIPRAP �., o. 50' STORMWATER BUFFER FROM E NxiLCH WATER nnwn In.oe4 w " 9 COASTAL 1 l R R»'31 " . \ \� 4 \ ` WETLANDS . 4`g' « « « 30' CAMA BUFFER FROM MEAN HIG R \\__\ APPROXIMATE WATERWARD EDGE 0 ARSH BERMOR GRASSEQUIVALENT SOD 1 wrw- �\�� o o 17 o RIPARIAN CORRIDOR LINE OR EQUIVALENT ��� 81.00 MEAN HIGH WATER, • i O�. C O I��� 15' RIPARIAN CORRIDOR SETBA $ m R 2017 g 1 - �i f PROPOSED RIPP 'rip LINE APPROX. 140 LF 109.4 11 yy� 6' PIER, 6' X 12' RAMP Raj iVIC)1G,9 C EXISTING RIPRAP r— ,,,,n ; �� ,,,.v o„ THIS BOATS BEYOND Oo a / — ERe � '� $1 zD1s�. `.. � ". THIS POINT SIGN 15' RIPARIAN AFFIXED TO PILING RIPARIAN CORRIDOR LINE ��.at: — CO(�JpOR SE ACK ar '°"' g' X 110' FLOATING AND FACING S/E. _ DOCK (880 SF) a 025856 s F, GIN APPROXIMATE WATERWARD EDGE OF MARSH � 27.5' BOAT SLIP (TYP.) C1`° l 100.0 WATER pBODY WIDTH APPROXIMATELY 355' I p,IN 1 000.o`°O0' 1 11-17-20171MANI DIMENSION ADDED TO NEAREST FLOATING DOCK TO THE EAST U Ccl Z �J • �Fza Q" c� `yZo Uzi UOa� �z zQ QC zz z� N s « g m~¢��c1� Ozz�z z .. 0002r zi 2rcoo o'o w w a_ Y U 0 WLli H 0� a w a SHEET Eb W IVUN J V LUII 15' RIPARIAN CORRIDOR SETBACK LINE XISTIN PIER 100' RIPARIAN CORRIDOR LINE BERMUDAGRASS SOD OR EQUIVALENT It I � � � \ EP EP O MEAN HIGH WATER,' NOVEMBX, 2016 O EXNG'APPROXIMATE WATERWARD RIP EDGE OF MARSH APPROX GROUND + MLW DEPTH ELEV 0� EXISTING DOCK ELEV -4.9' SCALE MLW DEPTH 2.3' i i i HIGH i WATER 2 COASTAL WETLAND LINE / FLAGGED BY DCM LOCATED 9/27/17 PROPOSED RIP RAP APPROX. 140 LF ' (SEE DETAIL) -� APPROXIMATE WATERWARD EDGE OF MARSH GROUND ELEV -2.6' PROPOSED 6' x 67' FIXED PIER PROPOSED 6' x 12' RAMP Ir PROPOSED 8' x 110' FLOATING DOCK APPROX MLW DEPTH GROUND + 0.6' ELEV -3.2 / -3.2' \ON Ong P 1 Npy\G + APPROX GRO ND MLW DEPTH Svp1 ELEV -5.4' 2.8' WATER BODY WIDTH APPROXIMATELY 355' I INCH = 20 FEET sup 3 114 NPN\GPj1ON GN pS TO - T- + �w3 gwitip U 36 30'43 00 S 2542 38 W &1.88 W Z 9 I,V39 41 N 35'17 32 W 72.79 Q 93 1'27 58 S 3713 42 E 22.90 . Z 93 IT48 49 W Q� 1 N 55'4928 E 17.26' Z 1 N 61*4052 E 1569 C S N 69'23 03 E 12.16 U Z 4 S 71'20 50 W 18.51 Z R 5 S 6842 26 W 19.41 D a Y _6 N 4722 5/ E 17.06 7 N 80'09 24 E 13.27 y 9 W 5W57 24 W 654 _9 T 85'50 32 W 3.36 C7 _00 N6W5135 E18.21 VIZ Q _11 S 59'2457 W 5.57 0412 N 372525 E 9 33 N '692744 E 1732 w _14 N'705606 E 3.96 w 492295 Z 16 N 79.2722 E /5 17 S 801558 W 8 2285d G Gl 15' RIPARIAN CORRIDOR SETBACK LINE "NO BOATS BEYOND THIS POINT- SIGN AFFIXED TO PILING AND FACING S/E � RIPARIAN CORRIDOR LINE / AP a 109.4 "— GROqU LW DEPTH SuPA PROPOSED 8' T.W. PILING (TYP.) PROPOSED 27.5' BOAT SLIP (TYP.) O BUMPER RECEIVED DEC 12 2017-� - I141-113 CITY FENDER C•AR I \ \ 4 SEAL g e = 02P s qFC A. N N�// w Y U w O0 ❑ Z 06 — D_ 2w Q O_ O Q ]U) wZ cf)O d 00 cc a¢ W NOV 3 0 2017 a■ nlV.o�� i �_ MEAN HIGH EXISTING RIP RAP 7l \COASTAL WETLAND LINE FLAGGED BY DCM LOCATED 9/27/17 PROPOSED RIP RAP APPROX. 140 LF (SEE DETAIL) PROPOSED 8' x 110' FLOATING DOCK GROUND ELEV -2 6' APPROXIMATE WATERWARD EDGE OF MARSH ---RIPARIAN CORRIDOR LINE BRIDGE BASE "NO BOATS BEYOND THIS POINT" SIGN AFFIXED TO PILING AND FACING S/E / PROPOSED 6' x 67' FIXED PIER L9 i PROPOSED 6' x 12' RAMP AP O GRGU 3 LW DEPTH APPROX MEAN HIGH ------------- �'�' + 0.6' MLW DEPTH G S4p4 WATER. GROUND DVEMB FriY, 2016 ELEV PROPOSED 8' T.W. PILING (TW.) � -3.2' o SV\P PROPOSED 27.5' BOAT SLIP (TYP.) APPROXIMATE WATERWARD EDGE OF MARSH o \ON CNNC`E`p 2� NpV\G + AOQx APPROX GRO ND MLW DEPTH GROUND + MLVV DEPTH SVp� ELEV -5.4' 2.6 yn o to 20, a ' 0.8 ELEV A PIER / FLOATING DOCK PLAN VIEW -3.4' SCALE: 1" = 20' GRAPHIC SCALE I INCH = 20 FEET �1t`��__1 • -t�1��i11111111 nnnmmnnuuiunnnnnnn�i�►�...... PROFILE OF PIER / FLOATING DOCK (SECTION A -A) SCALE: 1" = 20' RECEIVED DEC 12 2017 DCM- MHD CITY CARD 2 025856 - o ` Wz "Z8 "Zff UZI CUo;ie �z �a za mg zi ;I z m� w Q U N `e'm't-01 �fi�rcrc� Z ZU'n=U'N2o I ED SHEET 103 CUT BANK TO MEET SLOPE REQUIREMENTS (2.5:1 (H: V) MAX, 3:1 (H: V) MIN.) do STABILIZE WITH BERMUDAGRASS SOD OR EQUIVALENT 1.5:1 (H: V) MAX. SILT 3:1 (H: V) MIN. FENCE3' MIN. 18' MIN. � EXISTING GROUND 12• MIN. (TYP.) -\ r 2' MIN. I TOES UNDISTURBED EARTH UNDERLAYED FILTER FABRIC BLANKET (MIRAFI 140N OR APPROVED EQUAL) EXTEND SLOPE TO TOP OF BANK B OR CLASS 1 RIP RAP EXISTING GROUND (TYP.) RIP RAP DETAIL AT TOE OF SLOPE @ WATERWAY UPDATED NOVEMBER, 2017 NOT TO SCALE WETLANDS,3 \'Wr,3.ERMUDAGRASS U 0 W w Z SOD 6 OR EQUIVALENT 1\ Eo Z 81.00 MEAN HIGH WATER it �Zff IN Uo�6' PIER 6' 41 RAMP EXI `�.G�R,PRAP� U%6 o yy--- ! �6 1 i /,;._ 15' RIPARIAN •' Z s RIPARIAN CORRIDOR LINE CO ACK •�. B' X 110' FLOATING Q' o' '" VOR 1" L DOCK (880 SF) m APPROXIMATE WATERWARD EDGE OF MARSH 27.5' BOAT SUP (TYP.) Z 100.0 L9 WATER BODY WIDTH APPROXIMATELY 355 O \ . SE�Nol 0\4\GP'(\ON CNPNNE� 1VR 6OOY 01D ON OF 1A WP PRPROX\MPS � / ....cam N PN\GP�ON GHPNNE` NP�GPS\ON CHPNNE` SE�PGK R EC EIVE APPROXIMATE WATERWARD DEC 12 2017 EDGE OF MARSH WATER BODY WIDTH SCALE: 1" = 60' M Q 2 U N a ozw�rczw�� p zm ZF 2 wU'_pG ., 00<. won OOUOUE-. SHEET 105 NOV 3 0 2017