HomeMy WebLinkAbout97-18 The Provision RestaurantPermit Number
Permit Crass
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and.
Coastal Resources Commission
Permit
for
97-18
" - iVt—
AUb 0 7 2019
DCM-MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to The Provision Restaurant, Paul Svvenson,107 North Atlantic Avenue, Southport, NC 28461
Authorizing development in Brunswick County adi. to the Cane Fear River at 130 Yacht Basin
Drive; in Southnort as requested in the petmittee's application dated 5/23/18. including attached
work
plan drawings (3) 1 and 3 of 3 dated revised 6/1/18 and 2 of 3 dated revised 6/14/18.
This permit, issued on Aueust 24, 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
)e subject to tines, imprisonment or civil action; or may cause me permit to oe nun tutu vutu.
Reconfigured Docking Facility
1) This permit authorizes only the reconfigured 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 reconfigured 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
reconfigured docking facility. Any sewage discharge at the reconfigured docking facility shall be
considered a violation of this permit for which the pernuttee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure
(See attached sheets for Additional Conditions)
This Dermit action may be appealed by the permittee. or other Signed by the authority of the Secretary of DEQ and the
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
Chairman or the Coastal resources t;ommtsston.
'R:e- &
fNRBraxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with, the North Carolina Coastal
Management Program.
Signature of Permittee
Provision Restaurant
Permit No.17-18
Page 2 of 4
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 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 8 formalized boat slips.
6) No attempt shall be made by the perrittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The new components of the docking facility and associated structures shall have a minimum setback
distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access
corridor, which is determined by drawing a line parallel to the channel, then drawing a line
perpendicular to the channel line that intersects with the shore at the point where the upland property
line meets the water's edge.
Shoreline Stabilization — Bulkhead
8) The bulkhead shall not extend waterward more than 2:feet from the mean high water level at any point
along its alignment at the time of construction.
9) The bulkhead shall be constructed prior to any backfilling activities.
10) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
11) The fill material shall be clean and free of any pollutants except in trace quantities.
12) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
13) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
14) All fill material to be placed below normal high water level shall be confined 0M;QE.WfPrmitted
bulkhead.
� 072019
Urban Waterfront Develoament pi.
ppccm-NtHD CITY
15) Unless specifically altered herein, this permit authorizes the grading and other Ianddsturbing activities
associated with the development of the above referenced property, including the decking, restaurant
expansion, and other associated infrastructure, all as expressly and specifically set forth in the attached
permit application and workplan drawings.
Provision Restaurant Permit No. 97-18
Page 3 of 4
ADDITIONAL CONDITIOPIS
16) The'authorized covered platform over Public Trust Waters shall not be enclosed by partitions, plastic
sheeting, screen ng, netfmg- lattice.or.solid walls of any kind and shall he limited to.a. single story.
17) The authorized covered platform over Public Trust Waters shall not extend more than 20' waterward of
the normal high water level. .
US 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:& Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://w-vvw.fws.gov/nc-es/mainmal/manatee Ruidelines.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 of 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.
20) Approval of the str cadre 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 relieti;ng the permittee of taking proper 'steps to insure the structure and moored boats
will not be damaged by wave wash.
Easement
21) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee
shall apply for and. receive -an Easement from the Department of Administration's State Property Office
as required under N.C.G.S. 146-12(e):
General
22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
23) 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.
24) This permit does not authorize the. interference with any existing or proposed Federal project, and the
permittee shall not be eP'titled 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.
25) No excavation or falling of any vegetated wetlands is authorized by this permit.
NOTE: This permit does not convey any rights, either in real estate or material.
Provision Restaurant Permit No. 97-18
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The pen-nittee is advised that if a well will be used for this facility, Public Water Supply shall be
contacted at (910) 796-7368.
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:
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic
General Permit291, Action 1D No. SAW-2018-01402, which was issued on 8/23/18.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
2018-0949.
NOTE: An application_ processing fee of $400 was received by DCM for this project.
Processing Notes
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Spears, Courtney
From: Finch, Gregory <gfinch@lmgroup.net>
Sent: Friday, August 24, 2018 2:41 PM
To: Spears, Courtney
Subject: [External] Fwd: FW: Provision Draft Figures (UNCLASSIFIED)
Courtney,
See below response from Justin. Let me know if you need anything in addition.
Thanks, have a good weekend!
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@lmgroup.net
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net
--- ----- Forwarded message -------
From: Greg Finch <gfinch@lmgroup.net>
Date: Fri, Jun 1, 2018 at 2:59 PM
Subject: FW: Provision Draft Figures (UNCLASSIFIED)
To: "brooks.surgan@ncdenr.gov" <brooks.surgan@ncdenr.gov>
Brooks,
FYI, see below. I'll get the updated materials to you soon. The only change is a reduction of the two proposed finger
piers from 26' to 24' and adding a note that no structures or pilings will be located in the navigation channel.
Greg Finch I Environmental Scientist
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@lmeroup.net
Land Management Group, Inc. I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 www.lmkroup.net
-----Original Message ---
From: Arnette, Justin R CIV USARMY CESAW (US)<Justin.R.Arnette@usace.armv.mil>
Sent: Friday, June 1, 2018 2:53 PM
To: Greg Finch <gfinch@lmgroup.net>
Subject: RE: Provision Draft Figures (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Yes, that will work just fine.
Thanks.
justin
-----Original Message -----
From: Greg Finch [mailto:gfinch@Imgroup.netl
Sent: Friday, June 1, 2018 2:51 PM
To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>
Subject: [Non-DoD Source] RE: Provision Draft Figures (UNCLASSIFIED)
The pilings on the first sheet were per the surveyor on existing structures. The two fixed piers and pilings in the middle
of the property are going to be removed and replaced with the 24' floating docks. I did not show any pilings for the
floating docks because we/the applicant have not coordinated with a marine contractor yet and would like to leave
some options so long as they are not in the navigation channel.
Would it suffice to note that no proposed structures or pilings shall be located in the navigation channel?.
Greg Finch I Environmental Scientist
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@lmgroup.net
Land Management Group, Inc. I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, INC 28403 1 Blockedwww.lmgrouP.net
-----Original Message -----
From: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette usace.armv.mil>
Sent: Friday, June 1, 2018 2:43 PM
To: Greg Finch <gfinch@lmgroup.net>
Subject: RE: Provision Draft Figures (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Ok, so I see the channel on both figures and the first figure has pilings on it, but I do not see any in the work area on the
second map (Attached) are there really no piles on the 24' finger piers? Just trying to make sure I am not missing
something. Thanks.
Justin
Justin Arnette
GIS Coordinator
Operations Division
Team Lead Cartographer
Wilmington District
U.S. Army Corps of Engineers
910-251-4196
iustin.r.arnette@usace.army.mil
-----Original Message -----
From: Greg Finch [mailto:gfinch@Imgroup.net]
Sent: Friday, June 1, 2018 2:21 PM
To: ArnOtte, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>
Cc: brooks.surgan@ncdenr.gov
Subject: [Non-DoD Source] RE: Provision Draft Figures (UNCLASSIFIED)
Justin,
See attached revised figures as discussed. I've added the USACE Navigation Channel line. The two prosed floating finger
piers have been reduced from 26' to 24' to remain landward of the navigation channel. No structures or pilings are
proposed within the navigation channel.
Let me know if you have any additional comments or if this will suffice for processing.
Thanks again for your help,
Greg Finch I Environmental Scientist
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch Imgroup.net
Land Management Group, Inc. I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Blocked Blockedwww.Imgroup.net
-----Original Message -----
From: Arnette, Justin R CIV USARMY CESAW (US)<Justin.R.Arnette@usace.army.mil>
Sent: Friday, June 1, 2018 7:19 AM
To: Greg Finch <gfinch@Imgroup.net>
Subject: RE: Provision Draft Figures (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Greg,
The provided documents are unclear. The proposed drawing does not show where the piling are at for the new
structures, which I would need to know before I could concur with any project. I would also recommend going to our
webpage at Blocked Blockedhttp://www.saw.usace.army.mil/Missions/Navigation/ and on the left hand side there is a
link to Google Earth Info. Read over that and go to our download page via the link on the bottom. There you will find
the KMZ files, the basemap is what you are looking for. Download/Open it in google earth and then expand the file in
the places pane on the left. You will see one for setback points. Then you can click those points and get the X, Y/Lat,
Long for the setback and show that on your map as well. This will ensure that everyone is on the same page. Also 1
would recommend reading over our setback policy on our webpage at
BlockedBlockedhttp://www.saw.usace.army.mil/Missions/Navigation/Setbacks/. Thanks
Justin
Justin Arnette
GIS Coordinator
Operations Division
Team Lead Cartographer
Wilmington District
U.S. Army Corps of Engineers
910-251-4196
lusti n. r.a rnette@usace.a rmv.mi I
-----Original Message -----
From: Greg Finch [mailto:gfinch@Imgroup.net]
Sent: Thursday, May 31, 2018 11:06 AM
To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>
Subject: [Non-DoD Source] FW: Provision Draft Figures
Justin,
We submitted the attached application for The Provision Restaurant in Southport to Brooks Surgan last week. He has
asked that we coordinate with USACE Navigation before proceeding due the setback in this area.
Could you please take a look at the app/figures and then give me a call to discuss?
Thanks for all your help in this area!
Greg Finch I Environmental Scientist
Direct: 910-452-0061 x 1928 1 Cell: 910-470-4734
Email: gfinch@lmgroup.net
Land Management Group, Inc. I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, INC 28403 1 Blocked Blocked Blockedwww.Imgroup.net
-----Original Message -----
From: Greg Finch
Sent: Friday, May 25, 2018 2:39 PM
To: Paul Swenson <pmswensonC@gmail.com>
Cc: Steve Morrison (smorrison@Imgroup.net) <smorrison@lmgroup.net>
Subject: RE: Provision Draft Figures
Paul,
The application (attached) was submitted on Wednesday May 23. I'll let you know when we receive the acceptance
letter.
Have a good weekend!
Greg Finch ( Environmental Scientist
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@Imgroup.net
Land Management Group, Inc. I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blocked Blocked Blockedwww.Imgroup. net
-----Original Message -----
From: Paul Swenson <pmswenson@gmail.com>
Sent: Thursday, May 3, 2018 10:46 AM
To: Greg Finch <gfinch Imgroup.net>
Subject: Re: Provision Draft Figures
Greg
Looks good, lets go for it.
Thankyou
Paul
> On Apr 13, 2018, at 1:40 PM, Greg Finch <gfinch@Imgroup.net> wrote:
> <Provision Application for Major Development Permit.pdf>
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
-;""-Nothing Compares .,..
N.C. Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, N.C. 28405-3845
Please use this card to schedule a pre -construction conference immediately BEFORE you
begin work on your permitted project.
The pre -construction meeting will give you the opportunity to discuss permit conditions,
construction techniques and any questions you may have with a Coastal Management
representative. This will enable you to proceed with your project as quickly and smoothly
as possible.
When you are ready to begin construction, fill out his card and mail it to the Division of
Coastal Management at the address on the reverse side of this card. Thank You.
a '
Permit Number: / T7— / " 6S0V LA-,e ")
Expiration Date:
Issued to: 777 e—
�/VLiSiut_/�28fiG/�a✓C t BUJ
Contact Person: ���1 Sc%.dSo'✓
Telephone Number: 914-1 3G ? 39B
Project Starting Date: �OdEi+l�C.!' y. 20/9
L11H L
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 28, 2018
Regulatory Division
Action ID No. SAW-2018-01402 and State Permit No. 97-I8
General Permit No. 198000291
The Provision Restaurant
Attn: Mr. Paul Swenson
107 North Atlantic Avenue
Southport, North Carolina 28461
Dear Mr. Swenson:
Reference your application for a Department of the Army permit to construct a bulkhead and
reconfigure the existing docking facility associated with the Provision Restaurant, in waters adjacent to
the Southport Yacht Basin, located at 130 Yacht Basin Drive, in Southport, Brunswick County, North
Carolina. Coordinates are: 33.9162 N,-78.023 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, and the
approved plan. 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,
.�.G/?J �CLIii.
Liz�4air
Regulatory Project Manager
Enclosures:
CAMA permit
GP 291 permit with additional special conditions
Plans
Manatee Guidelines
RECEIVED
SEP 0 7 2018
RECEIVED
AUGaIZ018
DCM WILMINGTON, NO
DcM-MHD CITY
Electronic Copies Furnished (w/enclosures)
Land Management Group, Inc.
Attn: Mr. Greg Finch & Mr. Steve Morrison
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
gfinch@lmgroup.net & smorrisonglmgroup.net
Electronic Copies Furnished (w/o enclosures):
Mr. Fritz Rohde/Ms. Twyla Cheatwood
NOAA-National Marine Fisheries Service
Habitat Conservation Division
Dr. Pace Wilber
NOAA-National Marine Fisheries Service
Habitat Conservation Division
Mr. Doug Huggett,
Division of Coastal Management
North Carolina Department of Environmental Quality
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of Environmental Quality
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
BOSN3/Mr. Scott McAloon/Mr. Matt Creelman
United States Coast Guard
Sector North Carolina Waterways Management
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of Environmental Quality
Ms. Courtney Spears
Division of Coastal Management
North Carolina Department of Environmental Quality
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and.
Coasud Resources Commission
. Ptro"t
Permit Number
97-18
RECEIVED
AUG 2 7 2018
nrC vuli 0. 1:1- D. rFr.
for
X Major Development in an Area of Environmental Concern
pursuant to NCQS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to The Provision Restaurant; Paul Swenson 107 North Atlantic Avenue, Southport, NC 284tr1
Authorizing development in Brunswick County adj to the Cape FW Rivex at 130 Yacht Basin
Drive'. in Southport as requested in the permittee's application dated 5123/18 including attached
workplan drawings 611 and 3 of 3 dated revised 6/1/18 and 2 of 3 dated revised 6/14/18
This permit, issued on August 24, 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
be subject to fuses, imprisonment or civil action; or may cause the permit to. be null and void.
Reconfigured Docking Facility
1) This permit authorizes only the reconfigured 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 reconfigured 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
reconfigured docking facility. Any sewage discharge at the reconfigured 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 perpmittee, 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. th6 North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ
Chairman of the Coastal Resources Commission.
1f' Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby a`R�.EIVED
AUG 31 2018
SEP Q 7 2018
D(,, 1-MHD CITY
Provision Restaurant Permit No. 9I-18
Page 2 of 4
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 pennittee is' not relieved of this tequirement if he abandons the
permitted activity without having it transferred to a third party.
4) The permidee shall install and taintain ai 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 8 formalized boar slips.
6) No attempt shell be made by the permnittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The new components of the docking facility and associated structures shall have a minimum setback
distance of 15 feetbetween any parts of the structure and the adjacent property owner's riparian access
corridor, which is determined by drawing a line.paraltel to the channel, then drawing a line
perpendicular to the channel line that intersects with the shore at the point where the upland property
line meets the water's edge,
Shoreline Stabilization — Bulkhead
8) The bulkhead shall not extend waterward more than 2,feef from the mean high water level at any point
along its alignment at the time of construction.
9) The bulkhead shall be consfructed prior to any backfilling activities.
10) The bulkhead shall be strabtufally tight so as to prevent seepage of backfill materials through the
structure.
11) The fill material shall be clean and free of any pollutants except in trace quantities.
12) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
13) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill-the area behind the permitted bulkhead.
14) All fill material to be placed below normal high water level shall be confined behind the permitted
bulkhead.
Urban Waterfront Development
15) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the decking, restaurant
expansion, and other associated infrastructure, all as expressly and specifically set forth in the attached
permit application and workplan drawings.
Provision Restaurant Permit No. 97-18
Page 3 of 4
ADDTTIONAL CONDPfiOIVs
16) The authorized covered platform over Public Trust Waterd shallndt be anelosed by partitions, plastic
sheeting, screening, nutting lattice.or.solid walls of any kind and shall be limited to a single story.
17) The authorized covered platform over Public Trust Waters shall not extend more than 20' waterward of
the normal high water level.
US &M Corns of Eneineers Conditions
18) In order to furtber.protect the endangered West Indian Manatee, Tricheehus mantas, the applicant must
implement the U.S; Fish:&Vifdid6 Seivice's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at hup: /www fws gov/nc-es(mammaVmanatee euidelines.odf.
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, nsvigable_waters, the permittee will be required, upon due
notice from the U.S. Army Corps of Erigineers, to remove, relocate, or alter the structural work or
obstructions baused thereby; Without expense to the United States.
20) Approval of the struotiire is based on determinations that there would be no dbstmetion to navigation.
The structure may be damaged by wave Wash from passing vessels, Issuance of this permit should not
be construed, as relies irig fhe permittee of taking proper steps to insure the structure and moored boats
will not be damaged by wave wash.
Easement
21) Prior to doristcuction of any new boat slips or other docking facilities under this permit, the permittee
shall apply for and receive an Easement from the Department of Administration's State Property Office
as required under N.C.G.S. 146-12(e).
General
22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation,
23) 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.
24) 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.
25) No excavation or filling of any vegetated wetlands is authorized by this permit. RECEIVED
NOTE: This permit does not convey any rights, eM()rt&Mate or material. A U G 3 1 2 018
DCM-MHD CITY
YC9
Provision Restaurag4...,._,... , Permit.No. 97-18......
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The peinuttee is advised that if a well will be used for this facility, ;Public Water Supply shall be
contacted at (91 Q) 796-7368.
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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations. that may lie required.
NOTE: The'U.S. Army. Corps of Engineers authorized the proposed project by way of Programmatic
General Permit-291, Action ID No. SAW-2018-01402,'which was issued on 8/23/18.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No, DWR-
2018-0949.
NOTE: An application processing fee of $400 was received by DCM for this project.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/ReL,ulatoryPermitPro rg am.aspx
General Permit No.
198000291
Name of Permittee:
General Public
Effective Date:
January 01, 2017
Expiration Date:
December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to do work in or affecting navigable waters of the United States and waters of
the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER
REGIONAL GENERAL PERMIT.
Operatine Procedures
a. Applications forjoint state and federal authorization under this programmatic general
permit will be accepted through the North Carolina Division of Coastal Management (NCDCM).
Receipt of a complete application by the NCDCM will initiate the State's field review that will
include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The
NCDCM will forward a copy of the complete application, its Field Investigation Report and its
Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal f
RECEIVED
AUG 31 2018
DCM WILMINGTON, NC
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DCM-MHD CITY
the project. The Corps, upon receipt of an application, will immediately assign an action
identification number, acknowledge receipt thereof, and examine the application to assure that it
can be processed pursuant to this programmatic general permit. The applicant and the NCDCM
will be furnished written notification of the Corps' determination. Notification to the applicant
will include a brief description of the administrative process.
b. For those proposals that may result in a discharge into waters of the United States,
including wetlands, the North Carolina Division of Water Resources (NCDWR) and the
applicant will be informed regarding the applicant's need to obtain a Water Quality Certification
in accordance with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional general permit:(RGP) or a nationwide permit (NWP), this
procedure may be terminated and the activity authorized pursuant to the terms and conditions of
the appropriate RGP or NWP.
d. The.permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation and guidance.
e. This general permit does not, in any way, alter established procedures or
responsibilities, as required by federal laws, memoranda of agreements (MOA's) or
administrative regulations, with respect to the Corps' coordination with appropriate review
agencies. The applicant will continue to have the opportunity to rebut any objections to a
proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this
general permit process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement; the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
2
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this general permit will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this General Permit until the issuance of
the NCDCM permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
in. No work may proceed under this general permit until the Wilmington District
Engineer or his representative provides written verification that the procedures and conditions of
the general permit have been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute RfICEWEAhe
AUG 31 2018
RECEIVED
UCM WILMINGTON, NC
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DCM-MHD CITY
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This general permit will not be used to authorize an activity when the Wilmington
District Engineer determines that the proposed activity would significantly affect the quality of
the human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
littp://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this general permit or any Corps approved modification to this
general 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.
c. Authorization under this general permit does not obviate the need to obtain other
federal, state, or -local authorizations.
d. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Resources.
e. 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).
f. The activities authorized by this general permit 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
4
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
g. 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/her 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 Corps, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the United States to its former conditions.
i. This General Permit does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the
Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to
take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move,
injure, or obstruct a federally constructed work or project, including, but not limited to, levees,
dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control
projects, etc., shall be permitted unless the project has been reviewed and approved by the
appropriate Corps approval authority.
j. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAVnn,usace.army.mil.
k. The permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This general permit does not grant any property rights or exclusive privileges.
in. This general permit does not authorize any injury to the property or rights of others.
RECEIVED
RECEIVED AUG 312018
SEP 0 7 2018 OCM WILMINGTON, NC
DCM-MHD CITY
n. This general permit does not authorize the interference with any existing or proposed
federal project.
o. In issuing this general permit, the Federal Government does not assume any liability
for the following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
umpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
p. Authorization provided by this general permit may be modified, suspended or revoked
in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation. or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal -land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This general permit does not authorize any activity within, or directly affecting, a
marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural or archeological remains and
artifacts while accomplishing the activity authorized by this general permit, you must
immediately notify the Wilmington District Engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and
artifacts until the required coordination has been completed. The Wilmington District Engineer
will initiate the Federal, tribal and state coordination required to determine if the items or
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
u. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical habitat of such species.
No activity is authorized under any NWP which "may affect" a listed species or critical habitat,
unless Section 7 consultation addressing the effects of the proposed activity has been completed.
Information on threatened and endangered species and their critical habitat can be obtained
directly from the Corps field offices, the USFWS field offices or at the following web addresses:
http://www.fws.go`/ or http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html.
Permittees may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
v. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify
the Wilmington District Engineer so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
w. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
RECENED
7 RECEIVED
AUG 31 2018
SEP 0 7 2018
pCM WILMINGTON, NC
DCM-MHD CITY
x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North
Carolina at (910) 772-2191 or email Coast Guard Fifth District at ced5waterway(2uscg.mil.
y. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be
installed and maintained by and at the expense of the permittee.
z. It is possible that an authorized structure maybe damaged by wavewash from passing
vessels. The issuance of this general permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
permittee will not hold the United, States liable for any such damage.
aa. Structures and their attendant utilities, authorized by this general permit, located on
lands subject to an easement in favor of the United States for the operation, maintenance,
improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed
at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf
of the United States, the lands are needed at any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement. _
bb. The permittee must maintain any structure or work authorized by this general permit
in good condition and in conformance with the terms and conditions of this general permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this general permit will automatically transfer
this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertaken
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
cc. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In.such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
dd. Except as authorized by this general permit or any Corps approved modification to
this general 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.
cc. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permiPs expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in
effect at the time the activity was completed continue to be authorized by the general permit
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
U 4
Scott McLendon
Chief, Regulatory Division
Wilmington District
9
RECEIVED
RFCE1VED
AUG 31 2018
DCM WILMINGTON, NC
SEP 0 7 2018
DCM-MHD CITY
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOI DING IMPACTS TO THE WEST 11V UN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Pichechus manatus), also known as the Florida manatee, is a Federally -listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee's principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in -water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
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, RECiEIvEtl
AUG 31
RECEIVED
DCM WILMINGTON, NC
SEP 0 7,018
DCM-MHD CITY
1� IfiaT-Man.a.fee1s. seen yet& offlia',active, construction and/or dred&g gperatibinorvivemel
I- - -- - -- 11 - - . . -
'movement; dil'appropriate precautions will beimplemented to enSUirprotection ,df the YAXIatedThOWd
pl:amtt7Wti!ulfi6ludc th,;j=C-1ediatd �u'td�n
flh17eraa,00nat �qupAaant ;oja,casOWAVO=,,6 ,
4-Amy 661liglonwith OWor
to theU.S- rsh
252_448-1546)i.
j,kiI& will tie pqstddlnaiNsqassociated Aitltt -piR,a vessel;
operator._ ThesrgasfiduldstatE:
A.
CATiTION.. occur in , tjaese waters . _dt , Inn g the warmer months;:
thid-
prun y' OM-un ughbatob'dr. Idle -spq-edIarequired operal;,-this vessel,
W4W, .0 phA; jlf E'k-m=* comes, 60'Pet'
Aft
of to yessai, a Opgri g'eqpp A PO ykPOWgry to the manatee ustbe
-repo;**mpoately Ig the q.K -W Fish and Adlife SeMce OqM5"SIO)i the National Nfarina-
Fisheries Service (252-729--8762); and -the North CarolimL WildM Resonmes'Comnifssloh (252-;
448ASk6),
6. The contractor will maintain a.log-, detailing sightings, collisions, and/or injuries to =aifif6M daft
project- activities Upon complotion.of the action, the project fhan*Cf Will prepare a report w"
7. All vessels associated wItif tlie': cdnstruction.pivjeatvill operate at "no-waitpJidlo" speeds `at aA times:
while in,wWrw!ieze-tke.draftPf* yewel provides Tess thm,&Ihiin�fqct qjqamikmft' m the bottom. AIL
vessels -WilLWIoW,routes of deep water whenever possitile.
P-P-M.
97f ailtatlpn baaiers m* ba-pi4p4d it shallow water; theca Barriers wilt be. _ca �Mftterw in YT* of
wfifc4,mq4atqqs qqnnQ-t,' become entangled; (b In �qqged - a manner, that ther, cannot break free and
q#taV9I'q manatees 'and to ensure,fhatmandecs have,nof become, cut
(6), regularly ToIn.Ifore& kn9led
Bamle'M-Yfiff . baplaced--fira:.matmer to allow manatees entry to or e2dtIomessemW,hAbifk
Prepaiedby;(iqx:0212017)i
OARih"andWO(fe, §ervlm
Raj
11 qf6h KOM Me-
PosfOffics-13=3372b
Rafeigfi;R6rt[fCdroltnm'27636-,3726
9191856AS20
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 part of the head when the
manatee raises its nose to breathe.
me
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. S2.
RECEIVED RECEIVED
3 AUG 3 12018
SEP 0 7 2018
DCM WILMINGTON, NC
DCM-MHD CITY
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: The Provision Restaurant COUNTY: Brunswick
PROJECT NAME: Deck and Dock Improvements
LOCATION OF PROJECT: 130 Yacht Basin Dr., adjacent to the Southport Yacht Basin and AIWW, in Southport
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-18-18
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a
CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a
FIELD REPRESENTATIVE: Brooks Snnurgaa/n DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW: V ���—
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 #48733
PUBLIC NOTICE REC'D: 6-28-18 END OF NOTICE DATE: 7-19-18
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE: q
MAIL OUT DATE: 6-26-18
FEDERAL DUE DATE: n t
PERMIT FINAL ACTION: ISSUE Y7 7.T �g DENY
150 DAY DEADLINE:
STATE DUE DATE: 7-19-18
FED COMMENTS REC'D:
DRAFT ON
AGENCY
m , r_
�
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
Z , Q
X
Division of Coastal Management-LUP Consistency
ct>
K
CIAS I *V&
Public Water Section (DWR)
co-a—cf vo S
Land Quality Section (DEMLR)
Division of Water Resources - 401 Section
(�
x
Storm Water Management (DEMLR)
f" L Q.
State Property Office
({j
(µ O
Division of Archives & History
4' 30
�(
Division of Marine Fisheries - Shellfish Section
ttI
U
Division of Highways (NCDOT)
Wildlife Resources Commission
Local Permit Officer
Division of Marine Fisheries - DCMLll%�'
Corps of Engineers - Regulatory Branch
(�
r ni}�j 1 W O tjt7-7
(op/R4CJo0a-q
Recommendations for State Permit — The Provision Restaurant 6/25/2018
The total docking facility area was calculated as follows
Shoreline length = 129' x 8' = 1,032 ftZ (max allowable)
Existing Floats (3) _ (2) 5' x 50' = 500 ftZ
5'x10'=50ftZ
Floating spine = 6' x 84' = 504 ftZ
Floating fingers (2) = 2 (5 x 24') = 220 ft2
Total = 1,274 ftZ
It is the staffs recommendation that the proposed upland development of the open and covered decks and cooler expansion
would meet the use standards for development within the established Southport Urban Waterfront AEC and therefore
appears CONSISTENT with the use and standards set forth in NCAC 07H.0209(g)(4)(A)(ii) whereby "redevelopment of
areas exceeding the 30 percent impervious surface limitation may be permitted if impervious area is not increased".
It is the staffs recommendation the construction of the 15' by 82' covered deck over open water would provide the existing
restaurant additional seating to expand the restaurants service capacity. It appears that the project is CONSISTENT with
the use standards for non -water dependent uses over estuarine waters and public trust waters within the Urban Waterfront
AEC set forth in NCAC 07H .0209(g)(4)(B)(iii).
The modified docking facility would provide docking space for a total of eight (8) vessels at this location. It appears that
the project is CONSISTENT with the use standards set forth in NCAC 07J .0211 regarding non -conforming development.
It is the staffs recommendation that the docking facility modifications would reduce the dimensions of the existing docking
facility, would continue to serve the same use by the restaurant, and is designed to minimize and comply with CRC rules to
the maximum extent possible. The proposed docking facility would not encroach into either 15' riparian setback. The
docking facility will encroach within the USACE federal channel setback, however prior correspondence with Justin Arnette
with the USACE Navigation via email on June 1, 2018 (enclosed) authorized the location of the proposed docking facility.
This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting
requirements. It is recommended that any permit issued should include standard conditions for docking facilities.
Coastal Management
ENVIRONMENTAL QUALITY
June 26, 2018
TO: Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.saears(a)ncdenr.00v
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr., adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install anew bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by July 19, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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
y�A comments. p
SIGNED ,'`=-'l�ti/ DATED
State ofNonh Carolina l Environmental Quality l Coastal Management .T I(�LD(�
127 Cardinal Drive Ext., Wilmington, NC 28405 JE1CTPA ft
910-796-7215
�.'+L' ,
VAC
MEMORANDUM
To: Courtney Spears
From: Michael Christenbury, Wilmington District Planne
Subject: Consistency Determination, Major Permit Application, — The
Provision Company Restaurant - Southport
Date: August 1, 2018
-J- q/So f 1 cad'
The applicant is proposing to �fpP) ,!� j ���� docking facility, install a new
bulkhead, construct new oper �/ % pand the existing restaurant.
The project is located at 130 %, �� trl f�jsu� > the AIWW in Southport,
Brunswick County. T
Areas of Environmental Concern (AFC's) impactea oy ae proposal are Estuarine
Shoreline, Estuarine Waters, Urban Waterfront and Public Trust Areas. Waters at the
project site are classified as SC and are not open to the harvesting of shellfish. The area
is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Town of Southport Land Use Plan
and offer the following comments.
The general area of the project is classified as Commercial.
In general, Southport allows development in Commercial classified AECs, which is
consistent with the State's minimum use standards. The Southport 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.
Cc: File
pk-�
Coastal Management
ENVIRONMENTAL QUALITY
June 26, 2018
TO: Heidi Cox
Regional Engineering Supervisor
Public Water Supply-WiRO
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dnrecwr
✓(/N 2
�;Rocp4ti o yes soo1e
Waters
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.saears(ancdenr.aov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr., adjacent to Southport Yacht Basin and the
A/WW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install a new bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by July 19, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when
appropriate in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as pro osed. TT a ,v-u WW be used,a ✓
777 **Additional comments maybe attached** 5 ��t ie Qo-ct Palblv�
W ttl SaciTsn®g10?(o-7368.
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/l�v�A (OX. DATED
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management J U �. �- 2
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
ROY COOPER
Governor
MICHAEL S. REGAN
Secre(ory
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY Director
June 26, 2018
gy. JUN 82018
TO: Dan Sams
District Manager-DEMLR
Wilmington Regional Office
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(o)ncdenrgov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr, adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install anew bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by July 19, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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 DATED J ccJE 2'1, Zr3l j
RECEIVED
JUL 0 2 2018
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 28405 pCM WILMINGTON NC
910-796-7215 r
E=
Coastal Management
ENVIRONMENTAL QUALITY
June 26, 2018
TO:
Chad Coburn
401 Wetlands
DWR-WiRO
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
RECEIVED
JUN 2 6 Z018
NCDEQ
WILMINGTON RO
FROM: Courtney spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.si)ears(a)ncdenr.aov
Fax: 395-3964 wrier 04-16-33
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr, adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install anew bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your_agency's position or viewpoint on the proposed project and
return this form to Courtney Swears at the address above by July 19, 201& If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when
appropriate in-depth comments with supporting data is requested.
W r l 40 aV U I ;A( nofi i'2%141�14 (oC
REPLY: ✓ This agency haSs o objection to thb 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
�m� a/nts.
SIGNED l DATED O?/JQ/`lA
RECF_, VED
DGM WILMINGTON, NC
AUG 01 2018
State of Noah Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ent., Wilmington, NC 29405
910-796-7215
ykr —It
Coastal Management
ENVIRONMENTAL OUALITY
June 26, 2018
TO:
Tim Walton
Dept of Administration
State Property Office
RECEIVED
JUL 03 2018
DOA
STATE PROPERTY
OFFICE
ROY COOPER
Gnvemor
MICHAEL S. REGAN
Seoalary
BRAXTON DAVIS
Director
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.soears(a)ncdenr.gov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr, adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install a new bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by July 19, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when
appropriate in-depth comments with supporting data is requested.
'AV REPLY:
ProY13lo" RWS1u1;rn^lklxew
� �n��SuYfX-X+'6lin�
y v�� d�ntn rt
I JIN
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.
DATED
RECEIVED
DCIA WILMINGTON, NC
JUL 0 9 'GUIs+
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
yid.
North Carolina
Department of Administration
State Property Office
To: Courtney Spears
Assistant Major Permits Coordinator
From: Joy Wayman
Real Property%Ag _
Re: CAMA Application`R�yiew
Applicant — The Provision Restaurant
July 5, 2018
Machelle Sanders
S�mtary
Tim Walton
Dtrortor
Reply: The project will require a Submerged Land Easement if it is confirmed that the applicant is a
riparian fee owner and can qualify for a submerged lands easement. Please confirm that the proposed facilities
are not located within the 1000' USACE AIWW easement.
State of North Carolina I State Property Office
116 West Jones Street, Suite 4055 1 1321 Mall Service Ctr I Raleigh, NC 27699
919 807 4650 T
DCM WILM NIGTON, NC
JUL 0 9 2018
Received; 07/06/2018
a State Historic Preservation Office ROY COOPER
MICHAEL S. REGAN
I'Ma
ER 18-1564 BRAXTON DAVIS
Coastal Management
EMYIR ftMWWAL WALM
June 26, 2018 Due -- 7/16/18
TO: Renee Gledhill -Early vy`Dept. of Cultural Resources A-0-iii/ d
Archives & History
FROM: Courtney Spest#, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm.. NC 28405 rourtnev soears�ncdenr srov
Fax: 395-3964 (Coudw04-16-33)
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr, adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install a new bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
at the address above by July 19, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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 charges
are incorporated. See attached
This agency objects to the project for reasons described in the attached
comments.
SIGNED �J DATED 34'
RECEIVED
JUL 3 0 2018
iW *f Nwh Caah.Ira"roammwwr.y:cM.wn,MMgi,IM,. DC,M WILMINGTON, NC
1,11 CMdwA Dme W, Wdauarm. NC 28405 alJUL 0 9
arwr2ls 2018
Coastal Management
ENVIRONMENTAL QUALITY
June 26, 2018
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dlrecmr
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.soearsCcilncdenr.aov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr., adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install anew bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by July 19, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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.
SIGN DATED
s�lonhoh T�,.L A, ,, RECEIVED
JUL 0 5 2018
Slate of North Carolina l Environmental Quality l Coastal Management MP SECTION WIRO
127 Cardinal Drive EM., Wilmington, NC 28405
910-796-7215
�O/
ROY COOPER
Governor
MICHAEL S. REGAN
Nit'
a
sec emry
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY Dueclnr
June 26, 2018
RECEIVED
JUL 16 2018
TO:
David Harris
NC DOT
NC DOT
Roadside Environmental Unit
DISTRICT 3
FROM:
Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(a)ncdenr.gov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT:
CAMA Application Review
Applicant:
The Provision Restaurant
Project Location:
130 Yacht Basin Dr, adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install a new bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by July 19, 2018. If you have
any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 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**
X 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 A,,VCIA,� DATED Oa JI �J/8
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 28405
910-796-7215
Coastal Management
ENVIRONMENTAL QUALITY
June 26, 2018
TO:
Curt Weychert
Fisheries Resource Specialist
MHC-DCM
ROY COOPER
Gown.
MICHAEL S. REGAN
S".,wy
BRAXTON DAVIS
11" mr
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears(ftcdenr goy
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: The Provision Restaurant
Project Location: 130 Yacht Basin Dr, adjacent to Southport Yacht Basin and the
AIWW, in Southport, Brunswick County
Proposed Project: to reconfigure an existing docking facility, install a new bulkhead,
expand an existing restaurant, and add covered and open decking
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by July 19, 2018, If you have
any questions regarding the proposed project, contact Brooks Surgan at (910).796-7270 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 qq { Q
SIGNED DATED i I 1 �I t/
RECEIVED RECEIVED
JUL 1 7 M9
JUN 2 S 2018
Slaw of North Carolina 1 000"122114q�IpllkipnaK17n1
127 Cardmat Drive Ext., Wilmington, r1aQtIIyV IVl. DCM-MHD CITY
910-796-7215
Spears, Courtney
From:
Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent:
Friday, July 20, 2018 4:20 PM
To:
Huggett, Doug; kathryn_matthews@fws.gov, 'Leigh_Mann@fws.gov';
'pace.wilber@noaa.gov'; 'Pete_Benjamin@fws.goV; Owens, Jennifer L CIV USARMY
CESAW (US); scott.d.mcaloon; HORTON, J TODD CIV USARMY CESAW (US); Arnette,
Justin R CIV USARMY CESAW (US); DCR - Environmental -Review; Bowers, Todd; ethan
coble; Fritz Rohde - NOAA Federal; matt creelman; Surgan, Brooks R; Chad Coburn;
Spears, Courtney; Twyla Cheatwood
Cc:
Beecher, Gary H CIV USARMY CESAW (US)
Subject:
[External] CAMA Major/ GP 291/ SAW-2018-01402/Provision Restaurant/Southport
Attachments:
app and bioreport.pdf; SAW-2018-01402 Provision Restaurant dock_ePN-signed.pdf;
plans.pdf; GoogleEarth_Placemark.kmz
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
All,
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport
for the subject project. The attached notice requests federal agency comments on this project by August 20, 2018.
The proposed construction site is located at the existing Provision Restaurant, within waters adjacent to Southport Yacht
Basin, at130 Yacht Basin Drive, Southport, in Brunswick County, North Carolina. Coordinates are 33.9162 N,-78.02030
W.
The applicant proposes to reconfigure the existing 8-slip docking facility, install a new bulkhead, construct new open and
covered decking, and expand the existing restaurant. The applicant proposes to replace 96' of existing bulkhead 2' water
ward of its current location in order to align with the western bulkhead. A 15' wide X 82' long covered deck is proposed
just water ward of the bulkhead to provide additional seating. The existing fixed pier and finger piers are proposed to be
replaced with a 6' wide X 84' long floating spine and two 5' wide X 24' long floating fingers. Dredging is not proposed as a
part of this project.
The existing facility encroaches into the Corps Federal Channel Setback as the federal channel is located 40 feet water
ward of the existing bulkhead. The reconstructed docking facility would continue to encroach into the setback, however
as proposed, it would remove structures from the federal channel.
Please see the attached field investigation report /application and plans for more detailed information concerning the
proposed project. Google Earth .kmz files are attached for reference.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not
likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature of
sedimentation impacts during the construction and reconfiguration of the docking facility. The waters within the project
area are NOT designated as PNA, are classified as SC and are closed to shell fishing. SAV is not present and there are no
shellfish resources within the project area. Average water depth within the project area ranges from -5.5' to -9.0' NLW.
NLW.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project
will affect, but not likely adversely affect the West Indian Manatee. The use of Manatee Guidelines may be required as a
permit condition. The project would have No Effect on any other federally listed species.
NHPA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and
the 2005. Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and
records and the latest published version of the National Register of Historic Places and initially determines that no
historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit
area: therefore, there will be no historic properties affected.
Please contact me if you have any questions and please provide comments as soon as you can, or by August 20, 2018.
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair@usace.army.mil
910-251-4049
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 23, 2018
Regulatory- Division
Action ID"Na: SAW-2018-01402/Provision Restaurant dock and bulkhead
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 the Mr. Paul Swenson to construct a bulkhead and reconfigure the
existing docking facility associated with the Provision Restaurant, in waters adjacent to the Southport
Yacht Basin, located at 130 Yacht Basin Drive, in Southport, Brunswick County, NC.
Specifically, the project will reconfigure the existing 8-slip docking facility, install a new
bulkhead, construct new open and covered decking, and expand the existing restaurant. The applicant
proposes to replace 96' of existing bulkhead 2' water ward of its current location in order to align with
the western bulkhead. A 15' wide X 82' long covered deck is proposed just water ward of the bulkhead
to. provide additional seating. The existing fixed pier and finger piers are proposed to be replaced with a
6' wide X 84' long floating spine and two ,5' wide X 24' long floating fingers. Dredging is not proposed
as a part of this project.
The existing facility encroaches into the Corps Federal Channel Setback as the federal channel is
located 40 feet water ward of the existing bulkhead. The reconstructed docking facility would continue
to encroach into the setback, however as proposed, it would remove structures from the federal channel.
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/n'%E—CEIVED
es/mammal/manatee guidelinespdf.
AUG 2 3 201E
DCM WILMINGTON, NC
-2-
2. 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 (9.10) 772-
2191.
3. 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.
4. 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.
5.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.
6. 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.
7.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.
8.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.
9. 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.
i
-3-
10. 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.
11. 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.
12. 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.
13. 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.
14. 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).
15. 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.
16. 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. RECEIVED
17. Violations of these conditions or violations of Section 404 of the Clean WateW""* n 10
DCM WILMINGTON, NC
R
0
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.
Sincerely,
Lii Hair, Project Manager
Wilmington Regulatory Field Office
Electronic copy furnished:
Ms. Karen Higgins/Mr. Chad Coburn
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
r .a
-5-
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Ms. Courtney Spears/Mr. Brooks Surgan
North Carolina Department of Environmental Quality -North Carolina Division of Coastal
Management
Mr. Justin Arnette
USACE-Wilmington District/Navigation Branch
RECEIVED
AUG 2 3 ?PA
DCM WILMINGTON, NC
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: The Provision Restaurant c/o Greg Finch (LMG, Inc.)
PROJECT NAME: Provision Restaurant Deck and Dock Improvements
2. LOCATION OF PROJECT SITE: 130 Yacht Basin Drive; adjacent to the Southport Yacht Basin off of the
AIWW, in Southport, Brunswick County.
Photo Index - 2006: 9-6125, L-19 Latitude: 33°54'58.52"N Longitude: 78'01'23.11"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/25/2018
Applicant Present —No
5. PROCESSING PROCEDURE: Application Received — 5/23/2018, Complete 6/18/18
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - City of Southport 2016
Land Classification From LUP — Commercial
(B) AEC(s) Involved: EW, PTA, ES, PTS, Urban Waterfront
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — Sewer Force Main (NEI)
Planned — N/A
(F) Type of Structures: Existing — Restaurant, gravel parking lot, brick pavers, open and covered decking, 8-
slip commercial docking facility consisting of fixed and floating docks.
Planned — 8-slip commercial docking facility, new open and covered decking, new
bulkhead, and expanded restaurant facilities.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal Wetlands)
(B) Non -Vegetated Wetlands
(Open water
6,294 f 2
(incorporated)
(C) Other (Highground)
860 ftZ
(D) Total Area Disturbed: —7,154 ft2(0.17 acres)
(E) Primary Nursery Area: No
(F) Water Classification: "SC" Open: No
8. PROJECT SUMMARY: The applicant proposes to reconfigure the existing 8-slip docking facility, install a new
bulkhead, construct new open and covered decking, and expand the existing restaurant.
The Provision Restaurant c/o Greg Finch (LMG, Inc.)
Page 2
PROJECT DESCRIPTION:
The project site is located at 130 Yacht Basin Drive, adjacent to the Southport Yacht Basin off the Atlantic
Intracoastal Waterway, in Southport, Brunswick County. To find this project site, travel south on US Highway 17
to NC Highway 133 South. Travel approximately 23.75 miles south and turn left on to N. Howe St./NC Highway
211. Turn right at the end of N. Howe St. on to West Bay Street. Travel approximately 0.2 miles to the end of
West Bay Street and take a left turn on to Yacht Basin Drive. The property will be located on the immediate right
at the intersection off Yacht Basin Drive.
The project site consists of four adjacent parcels with a total area of approximately 0.14 acres and consists of an
existing restaurant, gravel parking lot, brick pavers, open and covered decking, bulkhead, and an 8-slip commercial
docking facility consisting of fixed and floating docks. The adjacent property to the north is currently used as a
private parking area and has a one -slip private docking facility that lies on its southern property line. South of the
applicant's property are two newly constructed three-story condominiums with a 6-slip docking facility. To the
west of the property is the Southport Yacht Basin. The application states that project site has approximately 129
linear feet of shoreline frontage and averages 3' above the Normal Water Level. No vegetation remains on the
property or along the shoreline.
The project site has been a part of the Southport Yacht Basin working waterfront for many decades prior to the
Coastal Area Management Act (CAMA). The restaurant building and docking facility appears to have existed prior
to CAMA regulations and do not have any permit history. The area served as a major commercial fishing port
through to the 1980's for fishing businesses such as the American Fish Company. Many of the fishing businesses
have since been replaced by dockside seafood restaurants and stores. The waterfront is almost entirely bulkheaded
except for the back section of the basin and consists of multiple commercial and private docking facilities. The
yacht basin is federally maintained by the Army Corps of Engineers and connects to the Atlantic Intracoastal
Waterway/Cape Fear River. The USACE Federal Channel Setback extends approximately 40' from the Federal
Channel to the bulkhead shoreline of the Southport Yacht Basin waterfront. In this area, most existing docking
facilities and structures waterward of the bulkhead encroach on the USACE Federal Channel Setback.
The City of Southport 2016 Land Use Plan classifies the highground as Commercial the adjacent waters of the Cape
Fear River are classified SC by the Division of Water Resources. They are NOT designated as a Primary Nursery
Area by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to reconfigure the existing 8-slip docking facility, install a new bulkhead, construct new
open and covered decking, and expand the existing restaurant. Proposed upland development consists of replacing
620 sq.ft. of existing gravel driveway on the west side of the existing restaurant with a 20' wide by 20' long
covered deck and an I V wide by 20' long open deck. The applicant also proposes to expand the restaurant's
existing cooler room to 12' in width by 20' in length. Water -dependent improvements consist of replacing a 96
linear foot section of existing bulkhead 2' waterward of its current location to align with the 33' section to the
west. A 15' in width by 82' in length covered deck is proposed waterward of the bulkhead over open water to
accommodate additional seating for the restaurant. The applicant proposes to replace the existing fixed pier and
fingers with a 6' wide by 84' long floating spine immediately waterward of the 15' by 82' deck as well as two 5'
wide by 24' long finger floats. The new dock configuration would accommodate a total of 8 boat slips at this
property. According to "Profile A" on Sheet 3 of 3, the current water depth at the proposed docking facility
would range between approximately -5.5' to -9.0' at Normal Low Water.
The Provision Restaurant c/o Greg Finch (LMG, Inc.)
Page 3
10. ANTICIPATED IMPACTS:
The proposed project area is entirely within the Southport Urban Waterfront Area of Environmental Concern
(AEC). Upland improvements consisting of the I F by 20' open deck, the 20' by 20' covered deck, and the 12' by
20' cooler, would cover a total of 860sq.ft. with 760 sq.ft. within the 30' Coastal Shoreline AEC. The applicant
states that nearly 100% of the property is impervious and that the expansion would not create any new impervious
area. The replacement of the 96 linear foot section of bulkhead 2' waterward of its current alignment would fill
approximately 192 sq.ft. of Estuarine Waters and Public Trust Area. Minor increases in turbidity should be expected
during construction. The proposed 15' by 82' covered deck expansion would have an open water shaded impact
area of approximately 1,230 sq.ft. within the Estuarine Waters and Public Trust Area AEC.
The existing docking facility is non -conforming and exceeds the allowable total square footage of shaded impact
for a shoreline measuring 129 linear feet. Existing shaded impact is approximately 1,540 sq. ft. for a shoreline with
a maximum allowable shaded impact of 1,032 sq.ft. The proposed 6' by 84' floating spine and both 5' by 24'
floating fingers would have an open water shaded impact area of 724 sq.ft. within the Estuarine Waters and Public
Trust Area AEC. The total shaded impact of the proposed floats and the remaining existing floats would be 1,274
sq.ft. Total shaded impact of the docking facility would be reduced by 266 sq.ft. as a result of the proposed
modifications. The proposed structures would extend approximately 47' into a waterbody, which measures
approximately 382' across (Southport Yacht Basin), thus meeting the '/< width distance rule. The existing docking
facility incorporates a total of 6,294 sq.ft. of open water.
As proposed, reducing the length of the existing fingers remove the structures from being within the USACE Federal
Channel. The deck and floating fingers with associated pilings would still encroach within the US Army Corps
federal channel setback, however the location of these structures was approved by Justin Arnette, Army Corps
Navigation Office, via email dated June 1, 2018 (enclosed). Riparian corridor waivers were not needed for this
project. No dredging is being requested in this application.
Submitted by: Brooks R. Surgan Date: 6/25/2018 Office: Wilmington
5. DCM MP-1 Section 6.0 Additional Information
5.1 Section 6. a. Project Narrative
5.1.1 Project Location and Existing Conditions
Mr. Paul Swenson is requesting improvements to The Provision Restaurant located at 130 Yacht Basin Drive,
Southport, Brunswick County, NC. The existing restaurant sits on two parcels (Brunswick County Parcels
237LF01101 and 237LF010) abutting the Southport Yacht Basin/Intracoastal Waterway. Zoning is "Business
District", and the property is located within Southport's Urban Waterfront. Additional. covered seating is located
on two parcels to the south of the restaurant building (237LF01001 and 237LF01007). Existing fixed docks and
finger piers are located in front of all four parcels.
The Southport Yacht Basin/Intracoastal Waterway is identified by NCDWR as stream index 18-88-9-(3.5) with a
classification of "SC". The existing restaurant abuts the waterway with an existing roofed, wooden deck along
the landward side of an existing bulkhead. Fixed docks and finger piers exist waterward of the existing bulkhead
(See Appendix A, Sheet 1).
5.1.2 Proposed Action
The applicant proposes to: (1) replace a portion of the existing bulkhead (2) expand the waterfront deck in front
of all four parcels (3) expand the restaurant building to the north, south and add an open wood deck to the
north and (4) remove the existing fixed dock and finger piers and replace with side to floating dockage with two
floating finger piers. All work would be located within public trust waters and/or within the coastal shoreline
AEC.
New bulkhead would be installed no more than two feet waterward of the existing bulkhead. Approximately
96 linear feet of replacement bulkhead is proposed. No coastal wetlands exist along the traditionally developed
and stabilized shoreline.
The existing waterfront deck would be expanded by 15 feet in width and 82 feet in length. Two existing fixed
dock and finger piers will be removed. The piling -supported wooden deck would extend no more than 18 feet
waterward of the replacement bulkhead (NHW) to meet CAMA Urban Waterfront standards for non -water
dependent uses (no more than 20 feet from the existing bulkhead). The slatted wood deck expansion would
be roofed, but not enclosed on the sides, and run parallel to the bulkhead. A portion of the existing deck will
be removed to install the replacement bulkhead. Details of the deck construction and roof will be finalized by
the local building permit.
The proposed restaurant addition would extend north of the existing restaurant over an existing gravel parking
area and south of restaurant where the existing cooler is located. The new addition to the north will be
approximately 20 feet wide and 20 feet long while the extension to the south will be 20 feet wide by 12 feet
long. Eleven feet of open wooden decking will be added to the north of the building expansion (also 20 feet
wide). No new impervious cover or built upon area is proposed, since the waterfront deck will be over open
water and the restaurant addition will be over existing impervious cover. Construction details of the restaurant
addition will be finalized by the local building permit. See Appendix A for details.
As stated, the fixed existing waterward structures will be removed to accommodate the deck expansion and a
6-foot-wide by 84-foot-long floating dock and two 24-foot-long by 5-foot-wide floating finger piers will be
Application for Major Development Permit —May 2018 RECENE
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina 13 SUN 0 4 2W
pCM WII.MINGTON, NC
added. The existing floating docks at the northern and southern ends of the property and associated slips and
ramp will remain. No proposed structures or pilings will be located in the USACE Navigation Channel.
Application for Major Development Permit —May 2018
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
RE�ENEo
w1�M�NG��N, NG
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1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
The Provision Restaurant
The Provision Restaurant -Deck and Dock Improvements
Applicant 1: First Name
MI
Last Name
Paul
Swenson
Applicant 2: First Name
MI
Last Name
NA 61
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
107 North Atlantic Avenue
Southport
NC
ZIP
Country
Phone No.
FAX No.
28461
USA
910-367-3981
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
pmswenson@gmail.com
2. Agent/Contractor Information
Business Name
Land Management Group, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Greg
Finch
Agent/ Contractor 2: First Name
MI
Last Name
Steve
Morrison
Mailing Address
PO Box
City
State
3805 Wrightsville Avenue, Suite 15
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28403
910-452-0001
ext.NA
NA ext.NA
FAX No.
Contractor #
NA
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
gfinch@lmgroup.net; smordson@lmgroup.net
E(�
3 Jo
Application for Major Development Permit —May 2018 C
The Provision Restaurant -Deck and Dock Improvements (NGTON N
Southport, Brunswick County, North Carolina IDW
County (can be multiple) Street Address State Rd. #
Brunswick 130 Yacht Basin Drive NA
Subdivision Name
City
State Zip
NA
Southport
NC 28461
Phone No.
Lot No,(s) (if many, attach additional page with list)
NA
NA
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
Cape Fear River/ Southport Yacht Basin
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
Cape Fear
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.
City of Southport
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
—129 If along existing bulkhead 0.14 +/- acres
c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or
Average 0.04 ac NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 3 ®NHW or ❑NWL
e. Vegetation on tract
Property is currently developed as a restaurant with the restaurant building, decks for outdoor seating, and gravel parking
area. Waterfront portions of the property are bulkheaded with existing decks, platforms and fixed boat docks. No vegetation
remains on the property or along the shoreline.
I. Man-made features and uses now on tract
The Provision Restaurant building; roofed deck for outdoor seating; gravel parking area; existing bulkhead; existing boat
docks.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Largely commercial uses adjacent to the property, including other restaurants and public parking. Some multifamily,
residential (waterfront condominiums) is located south of the property.
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Central Business District
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes []No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ZNo []NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ZNo [:]NA
Register listed or eligible property?
Application for Major Development Permit —May 2018
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
014L'u
2 O1
N
oCM �,�M�NG'!
m. (1) Are there wetlands on the site? ❑Yes ®No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(iii) 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.
Municipal
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
No stonnwater management features exist as the current development predated stonnwater regulations. Proposed work
would be located over open water and existing built upon area.
a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Proposed improvements would increase seating at the restaurant by providing additional covered, outdoor seating. Dock
improvements improve safe use and provides 101 linear feet of floating dock space availbable for tie-up.
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.
Structural pilings for the proposed waterfront deck expansion and floating docks would be installed with a pile-driver. Storage
of equipment will be determined by the contractor; however, mooring facilities exist at the restaurant and in near -by locations
(such as Southport Marina).
d. List all development activities you propose.
Approx 96 linear feet of replacement bulkhead to be installed two feet waterward of existing bulkhead. Construction of a 15 ft
by 82 It wooden deck (with roof) to be located completely over open water (within the City of Southporfs urban waterfront).
Expanding existing restaurant building to the north 20' x 20' and 12' x 20 to the south; adding 11' x 20' open wooden decking
to the north of the building expansion. Replacing existing fixed docks with a 84-foot floating dock (6 feet wide) with 2, 24-ft long
by 5 It wide floating finger piers.
a. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONO [:]NA
that the public has established use of?
In. Describe location and type of existing and proposed discharges to waters of the state.
No new discharges. No new impervious coverage.
I. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No [IRA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA
j. Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
Application for Major Development Permit —May 2018
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
RECEIVED
JU--t4"p18
3
QCM WILMINGTO
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 consult the application instruction
booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A 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.
f. 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 Harold Peterson and Pamela Dodge Phone No. NA
Address 212 Orange Street, Wilmington, NC 28401
Name Isabel Properties of NC LLC Phone No. NA
Address 6752 Gordon Road, Wilmington, NC 28411
Name NA Phone No. NA
Address NA
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 form, 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.
7. Certification and Permission to Enter on Land
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: 5/23/2018 Print Name: Gr finch Agent, Land Management Group,Inc.
SignatureV.
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information
Application for Major Development Permit —May 2018
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
❑DCM MP-5 Bridges and Culverts
R,CENED
0 "Im 23�018
n
pCp@�VVII.M�NG'TCN, MC
2. Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Length
Width
Avg. Existing
Depth
Final Project
Depth
Access
Other (excluding
Channel
Canal
Boat
Boat
Rock
Rock
shoreline
(NLW or
Basin
Ramp
Groin
Breakwater
stabilization)
NWL)
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL []None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) 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:
Application for Major Development Permit —May 2018
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) 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?
RECENED
p d1A,W1LMRJG'VONrNC
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b. Length: 96 feet
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: —2 feet
c. Average distance waterward of NHW or NWL: 2 feet d. Maximum distance waterward of NHW or NWL: 2 feet
e. Type of stabilization material: Wood or steel bulkhead
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill: No backfill Riprap:
Breakwater/Sill: Other:
i. Source of fill material: NA
f. (i) Has there been shoreline erosion during preceding 12 months?
[]Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material:
None
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, submerged aquatic vegetation (SAV), shell bottom (SB), or other
(ii) Amount of material to be placed in the water _ wetlands (WL)? If any boxes are checked, provide the number
of square feet affected.
(iii) Dimensions of fill area ❑CW ❑SAV ❑SB
(iv) Purpose of fill OWL ®None
(ii) Describe the purpose of the fill in these areas:
NA
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
No excavation or fill. New bulkhead to be installed just waterward of Typical dock construction and bulkhead installation equipment (pile
existing bulkhead. driver, barge).
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes ®No ❑NA site? ❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
NA environmental impacts.
NA
uv,
5/23/2018
Project Name
Provision Restaurant
Applicant Name
Paul Swenson
Appbcmt Signature
Agent, Land Management Group, Inc.
%lot
Application for Major Development Permit -May 2018 NC
The Provision Restaurant -Deck and Dock Improvements W1�M1NGTON�
Southport, Brunswick County, North Carolina QG�
3. Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. Four existing parcels.
Existing restaurant building and deck to be expanded. See
Appendix A.
c. Density (give the number of residential units and the units per acre).
NA.
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
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:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
No new impervious cover. Proposed restaurant expansion
over existing gravel parking area and proposed decking
over open water. Site currently has nearly 100%
coverage.
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops, or
to be used for vehicular driveways or parking.
No new impervious cover, site has nearly 100% existing
coverage.
j. Describe proposed method of sewage disposal.
Municipal
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
No new or direct discharges
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
No new disturbed or impervious area. Restaurant to be
expanded over existing gravel area.
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
No new impervious surfaces.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ❑No ®NA
(ii) If yes, list the date submitted: No new BUA or impervious cover.
k. Have the facilities described in Item (i) received state or local
approval?
[]Yes ❑No ®NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stonnwater
design?
❑Yes ❑No ®NA
If yes, attach appropriate documentation.
RVcvveo
Application for Major Development Permit —May 2018 MAy
The Provision Restaurant -Deck and Dock Improvements NG
Southport, Brunswick County, North Carolina 7 yj�LPAWG1GN'
0CM
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Municipal
o. When was the lot(s) platted and recorded?
1986 or earlier
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
5/23/2018
Date
Provision Restaurant
Project Name
Paul Swenson
Applicant Name
Agent, Land Management Group, Inc.
Applicant Signature
RECEIVED
Om S%jo%
Application for Major Development Permit —May 2018 GT�N NC
The Provision Restaurant -Deck and Dock Improvements DGM W�LtA"4
Southport, Brunswick County, North Carolina 8
4. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACIUTY/MARINA CHWSTICS
a. (i) Is the docking facility/marina.
®Commercial ❑Public/Government ❑Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number
1
(iii) Length
84'
(Iv) Width
B'
(v) Floating
®Yes ❑No
e. (i) Are Platforms included? ®Yes []No
If yes:
(ii) Number 1
(iii) Length 82
(rv)Width 15
(v) Floating ❑Yes NNo
Note: Rooted areas are calculated from ddpline dimensions.
g. (i) Number of slips proposed
8 (reconfiguration)
(ii) Number of slips existing
8
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: 20'
m. (i) Will the facility have tie pilings?
❑Yes NNo
(it) If yes number of tie pilings?
Application for Major Development Permit —May 2018
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
b. (i) Will the facility be open to the general public?
®Yes ❑No During restaurant hours.
d. (!)Are Finger Piers included? ®Yes ❑No
If yes:
(ii) Number 2
(iii) Length 24
(iv) Width 5
(v) Floating ZYes ❑No
f. (i) Are Boatlifts included? ❑Yes NNo
If yes:
(ii) Number
(iii) Length
(iv) Wdth
It. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or maintenance
service
❑ Dockage, fuel, and marine supplies
N Dockage ('Wet slips) only, number of slips: 8
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
® Other, please describe:
Deck expansion will Provide additional restaurant seating
within Southport's urban waterfront.
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
Mixed types
I. (i) Wit the facility be open to the general public?
NYes ❑No During restaurant hours.
aa°EWe°
�04 0 410 t
pCM
9
N0
Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable I
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number:
❑ Showers
❑ Boatholding tank pumpout Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge' signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake' signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
[--]Yes []No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes []No
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAW shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? [-]Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s): D
❑Commercial Public/Government ❑Private/Community SISC VE
Application for Major Development Permit —May 2018 MAy 2+ 3
Ulu
The Provision Restaurant -Deck and Dock Improvements G
Southport, Brunswick County, North Carolina Wi`M1NG(ON+ N
pCM
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. Ifa rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
16' to the south, 24' to the north (Peterson).
Note: For buoy or mooring piling, use am of swing including length
of vessel.
c. Width of water body
>350'
e. (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.
NA
Application for Major Development Permit —May 2015
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
b. Proximity of structure(s) to adjacent docking facilities.
16' to existing southern fixed dock, 24' to existing finger pier
to north.
d. Water depth at waterward end of structure at NLW or NWL
--8' NLW
1t .cv
�►Nv 2 3'tola
M�NGTpN, NC
pCM`jii'
& OTHER ®This section not applicable
a. Give complete description:
5/23/2018
Date
Provision Restaurant
Project Name
Paul Swenson
Applicant Name (�
Agent, Land Management Group, Inc.
v �1
Applicant Signature
Application for Major Development Permit —May 2018
The Provision Restaurant -Deck and Dock Improvements Q M
Southport, Brunswick County, North Carolina 12
Coastalt4amgment
ENVIRONMENTAL QUALITY
June 11, 2018
SENT VIA EMAIL
Greg Finch
c/o Land Management Group Inc.
3805 Wrightsville Ave., Suite 15
Wilmington, North Carolina 28402
RE: CAMA Major Development Permit Application
130 Yacht Basin Dr., Southport, in Brunswick County
Dear Ms. Stone:
ROY COOPER
Governor
MICHAEL REGAN
Se[Tem.
BRAXTON DAVIS
LNre[Tor
The Division of Coastal Management hereby acknowledges receipt of your application on
June 4, 2018, acting as agent for Mr. Paul Swenson, for the expansion of the waterfront and upland decks
located at The Provision Restaurant, 130 Yacht Drive, in the Town of Southport, Brunswick County.
However, your application still lacks the information necessary to complete processing. The attached
checklist indicates the deficiencies of your application. If you respond within three working days from the
date of this E-mail with the required additional information, processing of your application will promptly
continue and will not be placed on hold. If you are not able to respond within three days, your application
will not be accepted as complete for processing. Additional information may be required pending further
review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your
application.
We suggest a preliminary meeting to review the application and address the deficiencies on the checklist.
Please let me know when it will be most convenient for you to come in. If you have any questions
concerning this matter, please call me at my Wihnington Office at (910) 796.7270.
Sincerel
y,
Brooks Surgan
Field Representative
Enclosures
cc: Debbie Wilson, DCM Wilmington
Doug Huggett, DCM Morehead City
Courtney Spears, DCM Wilmington
Stele of North Carolina I Environmental Quality I Coastal M1LQegement
127 Cardinal Drive En Wilmington NC 29405
., 9107%7215 T
CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR
PROCESSING APPLICATION
W-1 FORM
4(c) — Provide the average size of all four lots.
WORKPLAN DRAWINGS
Sheet 2 of 3
Show location of new pilings. (Note: floats may need to be reduced in length to fit pilings).
Indicate if 20' x 20' and 12' x 20' restaurant extensions are covered.
Include 30' CAMA setback.
o Calculate area (in sqft) of proposed structures will be within 30' CAMA setback.
Sheet 3 of 3
Show location of new bulkhead.
state of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext. Wilmington NC 28405
910 796 7215 T
LMG
LAND Merv\GEMENT GROUP mc.
Envirnnrn en ml Consultants
May 23, 2018
Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Brooks,
Please find enclosed a CAMA Application for Major Development for the Provision Restaurant project
in Southport, Brunswick County. Adjacent riparian land owner notifications have been sent by
certified mail and return receipts will be forwarded once received. Please apply the LMG $400 credit
on file as the processing fee for this project.
Please let me know if you have questions or need anything in addition to accept the application as
complete.
Sincerely,
Greg finch
Land Management Group, Inc.
Enclosures: As stated
Cc: David Jones
RECEIVED
MAY 2 3 2018
OCM WILMINGTON, NC
www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
Application for CAMA Major Development
Permit
For:
The Provision Restaurant
Southport, Brunswick County, North Carolina
Prepared By:
Land Management Group, Inc.
3805 Wrightsville Avenue
Wilmington, North Carolina
RECEIVED
May 2018 MM 2 3 2018
t)CM %WLM1NGTON, NC
Contents
1. Form DCM-MP-1.......................................................................................................................1
2. Form DCM MP-2.......................................................................................................................5
3. Form DCM MP-3.......................................................................................................................7
4. Form DCM MP-4.......................................................................................................................9
5. DCM MP-1 Section 6.0 Additional Information.....................................................................13
5.1 Section 6. a. Project Narrative........................................................................................13
5.1.1 Project Location and Existing Conditions................................................................13
5.1.2 Proposed Action......................................................................................................13
Appendices
Appendix A -Site Location Map and Work Plats
Appendix B-Deed, Agent Authorization and Adjacent Riparian Owner Notifications
RECEIVED
J Am 2 3 J01%
M'Viwiv lro", NC
Application for LAMA Major Development Permit — May 2018
The Provision Restaurant -Deck and Dock Improvements
Southport, Brunswick County, North Carolina
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LMG
LAND MANAGEMENT GROUP iNc
Environmental ConwhoW,
May 22, 2018
Isabel Properties of NC LLC
6752 Gordon Road
Wilmington, NC 28411
To Whom It May Concern:
Paul Swenson is applying for a CAMA Major permit for development activity on his property
located at 130 Yacht Basin Drive, Southport, Brunswick County, North Carolina. The specifics of
the proposed work are shown in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings. Should you have any objections to this
proposal, please send your written comments within 30 days of your receipt of this notice to:
Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final
decision on the application. No comment within 30 days of your receipt of this notice will be
considered as no objection. If you have any questions on this project, please call me at 910-452-
0001, or e-mail me at gfinch@Imgroug.net
Sincerely,
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
S jej-4SID
y 23tio��
www.imgroup.net
3805 Wrightsville Ave., Suit4e15060
5, Wiinnington, NC 8403Mw\�M\NG�QN,tJG
p�M
LMG
LAND MANAGEMENT GROUP me
Fivlrarvn'W.l Consultants
May 22, 2018
Harold Peterson and Pamela Dodge
212 Orange Street
Wilmington, NC 28401
Harold and Pamela:
Paul Swenson is applying for a CAMA Major permit for development activity on his property
located at 130 Yacht Basin Drive, Southport, Brunswick County, North Carolina. The specifics of
the proposed work are shown in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings. Should you have any objections to this
proposal, please send your written comments within 30 days of your receipt of this notice to:
Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final
decision on the application. No comment within 30 days of your receipt of this notice will be
considered as no objection. If you have any questions on this project, please call me at 910-452-
0001, or e-mail me at gfinchC@lmeroup.net
Sincerely,
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
MPS 23tip��
N, NC
www.imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 MtNG��
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 QCMw""
Brmda M. Cl.mmana R.,i,t.r er Duda
N-28-2014 15:08: 38, 002 Brunawiak County, K
RC REVENUE STRAP: $380.00 (a3010a0)
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NORTH CAROLINA GENERAL WARRANTY DEED
WITHOUT OPINION OF TITLE
Tax Lot No. Excise Tax: S380,00 parcel Identifier No.: 237LF010
Mail after recording to Sandia, L Daurby. Esquire P. O Box 10807 Southport. NC 28461
This instrument was prepared by Sandra L. Darby. Esquire p O Box 10807 SouthportNC 2846I Delitxtttet
Brief description for the Index
Lots - Yacht Basin
GRANTOR
ANN MARIE WEIGESHOFF (UNMARRIED)
RoorRTE.SOWERS (WIDOWED)
119 ATLANTIC AVE
SOUTHPORT, NC 28461
and between
GRANTEE
FAUL SWENSON AND WIFE
MARIA TILLING SW ENSON
107 N. ATLANTIc AVE
SOUTHPORT•NC 28461
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
include, singular, plural. masculine, feminine or neuter as required by contest.
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 grant, bargain, sell and convey unto the Grantee in fee
simple, all of their rights and interest in that certain lot or parcel of land situated in City of Southport,
Smithville Township, Brunswick County, North Carolina, and more particularly described as follows:
Beginning at an iron stake in the western edge of a 20-foot alley, said stake being
located south 12' 52' 56" east 366.52 feet as measured along the western edge of said
alley from the southern line of Moore Street
From said beginning point runs thence continuing with the western line of said alley
south 12o 52' 56" east 38.78 feet to a railroad spike; runs thence south 77' 06' 54"
west 89 feet to the United state engineers' dredging line at the Yacht Basin in
.sov), )
Mto 131016
VC0 W\1 M�NGj01g, NC
IIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIII �??t POgS� w �'s��
arunsuick County, Me Raaistar or 044ft page 2 or 3
Southport, North Carolina; runs thence north 120 52' 56" west and with said
dredging line 38.78 feet to a point; runs thence north 77" 06' 549' east 89 feet to the
place and point of BEGINNING, the same being all of Slips 1 and 2, according to a
survey of same by Davy Williamson, R.L.S., dated February 1, 1986.
BEING the same property described in a Deed from James D. Skipper, Jr. and wife,
Helen S. Skipper, to Thad Eure, Jr. and wife Alice Eure, dated February 3,1986, and
recorded in Book 638 at Page 7 of the Brunswick County Registry.
This_ is—X—is not the Grantor's Primary Residence
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 is seized of the premises in fee simple, has the right
to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that
Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated.
Title to the property bereinbefore described is subject to the following exceptions:
Any and all easements, and public and private utility or rights
of way of record or otherwise affecting said property.
2. Ad valorem taxes for 2014 and subsequent years.
3. Subject to all restrictions, limitations and reservations of record
and as amended and supplemented from time to time.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year
first above written.
A�5! \-N��°q
Ann Marie Weigeshoff
<�� (&al)
Robert E. Sowers
Vt \pN 'D
MPV � 3101a
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STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
1, the undersigned, a Notary Public of said county and state do hereby certify that, Ann Marie
Weigeshoff, Grantor, either being personally known to me or proven by satisfactory evidence in the form
of a driver's license personally appeared before me this day, acknowledged the due execution of the
foregoing instrument.
WITNESS my hand and official seal this J3 day of April, 2014
*Nqtarmy*P&,b1�,
,.row
+Ca Printed�tary Name
i''•. CO) <: y\C My Commission Expires: - / 7
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
1, the undersigned, a Notary Public of said county and state do hereby certify that, Robert E.
Sowers, Grantor, either being personally known to me or proven by satisfactory evidence in the form of a
driver's license personally appeared before me this day, acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and official seal this _,k day of April, 2014
z' 7-4e
N -4 6 , Printed No6ny Name
J� t ) My Commission Expires: ..., ,a017
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MAY 2 3 J0j8
0CM VVILMINGTON, NC
Blom. M. clenmons ReOiatr.r of Co."
10-30-2017 16:24:25.001 Brunsulek County, NC
NC REVENUE STAMP: $1200.00 (0556161)
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mstmmem tnat cannot be reproduced or copied.
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: S 1200.00 Parcel Identifier No. 237LF01001
Prepared by: Ryan W. Johnson, a licensed NC attorney, P.O. Box 10685, Southport, NC 28461
Delinquent taxes, if any, to be paid to the Brunswick County Revenue Office upon disbursement of the
closing proceeds.
This Deed is made this __ day of October, 2017 by and between
Slip 3 and 4, Southport Yacht Basin
JOSEPH C. HEATH and wife,
DANA E. HEATH,
GEORGE S. HEATH, JR. and wife,
KAREN C. HEATH,
PATRICIA ANDERSON and husband,
BRADLEY W. ANDERSON, SR., Bud
HHAA COATES, Unmarried
164 NW 3r° St.
Oak Island, NC 28465
GKAN I EL
PAUL M. SW ENSON and wife,
MARIA F. SWENSON
107 N. Atlantic Ave.
Southport, NC 28461
The designation Genitor and Grantee as used herein shell include said parties, their hews, successors, end assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
The Grantor represents that this property is _ / is not x their primary residence.
WITNESSETH, that, Grantor, in consideration of 'Fen and No/100 (SI0.00) Dollars and
other good and valuable consideration paid by Grantee, the receipt of which is hereby
Page I of6
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a�Mw��M�NG�ON'NC
11111 Nlllllllllllll all 1llllllllr 13978 P148 :24 25 e,
acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said
Grantee, and Grantee's heirs, successors, and assigns, forever, in fee simple, all that certain lot or
parcel of land located in the County of Brunswick, Stale of North Carolina, and more particularly
described as follows.
See Exhibit `A^, attached hereto and incorporated herein by retereace.
Said property having been previously conveyed to Grantors by instnunent(s) recorded in Book
3937 at Page 1203 of the Brunswick County Registry.
TO [-LAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances, thereto belonging, to the said Grantee and said Grantee's heirs, successors, and
assigns, forever, in fee simple; and the Grantor, for itself, its successors and assigns, does
covenant with the said Grantee and said Grantee's heirs, successors and assigns, that Grantor is
seized of the premises in fee simple, and has the right to convey the same in the estate aforesaid,
that title is marketable and free and clear of all encumbrances, except as herein stated, and that
Grantor hereby will warrant and defend the title against the lawful claims of all persons
whomsoever, except for the exceptions herein stated.
Title to the property hereinabove is subject to the following exceptions:
I. Ad valorem taxes for current and subsequent years.
2. Easements for utilities and rights of way in the chain of title.
3. Restrictive covenants of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and
year first above written.
Notarial acknowledgements on following pager
Page 2 of 6
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IN WITNESS WHEREOF, the Grantor has duty executed the foregoing as of the day and year
first above written.
BY:C. REATH (SEAL)
SE`Pn�-C.HEATH�/�� BY: �!/.0.t� � �CGi/L (SEAL)
DANA E. HEATH
STATE OF
COUNTY OF
1, EPl ii �, {Gg1w� _ , a Notary Public for said state and county, do hereby
certify that Joseph C. Heb4h personally appeared before me this day and acknowledged the
execution of the foregoing instrument. ���ttµµ,,
WITNESS my hand and official seal or stamp, this "L`f day of , 2017,
Official Seal
alNa f. Keur BL[C
+� bmrvfanaafmarum.
On.
FF 910710
trymmm.eq*'ru fa0 t0.t0iA My Commission Expires:
STATE OF �Yif� ,_
COUNTY OF �,[
I, 'Ftl n F. K4 , a Notary Public for said state and county, do hereby
certify that Dana E. Heath onally appeared before me this day and acknowledged the
execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, thisz*_day of , 2017.
Official Seal
EPoN f. KELLY NO BLIC
y� NPtuy 100' Smm Wrbrke
NY amm. e'Vrm
canmi„mnw kg16.W19 F lo My Commission Expires:
Page 3 of
pCM�LJII.M�NG��N, NC
Illllaullllllll lllelll lll'IIIII II�r -f3918 P1200 ,,. pl sf�''P�ROtP
IN WITNESS WHEREOF. the Grantor has duly executed the foregoing as of the fi T;md &4
First above written. 1�
BY: 1G.44'x 6, 1.Pd1>*7lT6•._I•ww— 6,
GEORGE S. HEATH, JR. �O�
" ) •I14 s ���
OJQ�'�1p1
BY: C'- (SEA (SEAL) y
KAREN C. HEATH N�,ggF 2
Gy pUBLIt: U
S"IATE OF
COUNTY OF I, Y�tOr't yINCOUI'1` "px•`�,
IN14011111•
L n , CCU KInrcl- C) a Notary Public for said state and county, do hereby
certify that George S. Heath, Jr. personally appeared before me this day and acknowledged the
execution of the foregoing instrument.
fV,,M/lM.hand and official seal or stamp, this � d `W of - b2, (, 2017.
S� f�77ff'ivri,
'Ilicin( Sea! 92L t
Npfagy TARP P1161.1
Z pUBL1G O My Commission Expires: ok9
1, t k.LCa 4� kf^4CXB , a Notary Public for said state and county, do hereby
certify that Karen C. Heath personally appeared before me this day and acknowledged the
execution of the foregoing instrument. I L
spy hand and official seal or stamp, this al day of �t'O.U�! .2017.
Ufcirrl SedVA
gdrAgy TARY PUBLI
'60130G U ? My Commission Expires: _ �5 ao1�7
.COUN�y:..•`••
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IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year
first above written. ^
MT n C A ANDERSON
BY: �21 RAWL__(SEAL)
1 'RAD Y \ . NDERSON, SR.
STATE OF N 44 1,aryl1
COUNTY OF
1, "Sv5ae 73,__0 L¢ntatt , a Notary Public for said state and county, do hereby
certify that Patricia Anderson personally appeared before me this day and acknowledged the
execution of the foregoing instrument.
w
official seal or stamp, this o7� ey of Quo kvr , 2017.
NOTARY PUBLIC
My Commission Expires: pect(2o10
STATE OF
COUNTY OF IVPj RamVve,
I, s�6153n, B Co If;Kdtn , a Notary Public for said state and county, do hereby
certify that Bradley W. Anderson, Sr. personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
SS ItAmYy hand and official seal or stamp, this aA 4 yd/Jey of r , 2017.
1111141II atC0/
jam$ NOTARY PUBLIC
IDot C
�1bbllo �� My Commission Expires: 64� 1$
Page 5 of 6
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OGMW\�MWGIGN,NG
IIIII IIIIIIIIIIIIIIIIIIIIIII�IIIIIIII Q3918 P1202.T8 ,,,'PRO'
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of
first above written. ..
YIILUA I,llA1C.J t 3G pUeL,C O
:y
STATE OF KOfUk
COUNTY OFF
a Notary Public for said state and county, do hereby
certi that Hilda Castes personally appeared before me this day and acknowledged the
execution of the foregoing instrument.
WI VNESS my hand and official seal or stamp, this day o t vn 1 • 2017.
Official Seal F
O ' RY PUBLIC
My Commission Expires: 9
Pagc 6 of 6
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EXHIBIT "A"
BEGINNING at a stake in the western edge of a 20-foot alley, said stake being located South 12 degrees 52
minutes 56.2 seconds East, 405.28 feet m measured along the Western edge of said alley from the Southern
line of Moore Street; from said beginning, thence continuing with the Western line of said alley, South 12
degrees 52 minutes 56.2 seconds East 19.0 feet to a point; thence South 77 degrees 06 minutes 53.8 seconds
West 89 feet to the US Corps of Engineers dredge -line at the Yacht Basin in Southport; thence North 12
degrees 52 minutes 56.2 seconds West, and with said dredge line 19.0 feet to a point; thence North 77
degrees 06 minutes 53.8 seconds East 89 fat o the Place and Point of Beginning, being all of Slip 3,
according to a survey by Gerrit C. Greer, RLS, dated June 7, 1977, being a part of that properly described in
Book 254 at Page 697 of the Brunswick County Registry.
BEGINNING at a stake in the westem edge of a 20-fot alley, said stake being located South 12 degrees 52
minutes 56.2 seconds East, 424.28 feet as measured along the Western edge of said alley from the Southern
line of Moore Street; from said beginning, thence continuing with the Western line of said alley, South 12
degrees 52 minutes 56.2 seconds East 18.87 feet to a point; thence South 77 degrees 06 minutes 53.8 seconds
West 89 feet to the US Corps of Engineers dredge -line at the Yacht Basin in Southport; thence North 12
degrees 52 minutes 56.2 seconds West, and with said dredge line 18.87 feet to a point; thence North 77
degrees 06 minutes 53.8 seconds East 89 feet to the Place and Point of Beginning, being all of Slip 4,
according to a survey by Gerrit C. Greer, RLS, dated June 7, 1977, being a part of that property described in
Book 254 at Page 697 of the Brunswick County Registry.
oC���ED
MpV � 31p1�
p�MW��M�NGT�N, NG
06/25/2004
$100.00 39
rrr�ag��rrraa A; Hew Estate
Expire Tax
BcranswirJr County--Recrister of Deeds
Robert J. Robinson
Trot #216743 Book 1967Page 1140
06/25/2004 11:30:43am Rec6
r;F•�,eb ,-�
rOTAI.a— y T OM—
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CASH —pro BY lQtl7Y^F
WARRANTY DEED 3 31K93'►L F 0IO O'(DO
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK y(, ;
THIS DEED, made this"Lay of June, 2004, by and between LAWSON E. LEVER and wife, RUTH S.
LEVER, of Irma, South Carolina, hereinafter, whether one or more, referred to as "GRANTOR," and PAUL M. SWENSSON
and wife, MARIA F. SWENSON, whose mailing address is (D i N 4414a k,e ke
SOu *,-y` A/ P a g r/�J/ hereinafter, whether one or more, referred to as "GRANTEE":
/ 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 grant, bargain, sell and convey unto the Grantee in fee simple, all that certain
lot or parcel of land situated in the City of Southport, Smithville Township, Brunswick County, North Carolina, and more
particularly described as follows:
BEGINNING at a stake in the western edge of a 20-foot alley, said slake being south 12' 52' 56.2"
east 443,15 feet as measured along the western edge of said alley from the southern line of Moore
Street; from said Beginning Point runs thence continuing with the western line of said alley, south
12" 52' 56.2" east 18.0 feet; runs thence south 77" 06' 53.8" west 89 feet to the U. S. Engineers
Dredging line at the Yacht Basin in Southport, North Carolina; runs thence north 12' 52' 56.2" west
and with said dredging line 18.0 feet to a point; runs thence north 77 06' 53.8" east 89 feet to the
place and point of BEGINNING, the same being all of Lot (Slip) Five (5). according to a survey by
Gerrit Greer, R.L.S., dated June 7, 1977,
BEING the same property described in a Deed from Charles Hewitt Perry and wife, Karen Perry, to
Lawson E. Lever and wife, Ruth S. Lever, dated June 13, 2003, and recorded in Book 1767 at Page
997 of the Brunswick County Registry.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
Prepared bv: William F. Pairley, Attorney it low (No tine examination or opinion
P. O, Box 11028, Southport, NC 28461 requested or rendered)
`-�� -00
Mph 1,510
pG0V11V#t4G10%AS%C
Inst 1 216743 Book 1967Page: 1141
AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever; SUBJECT. HOWEVER, to the following
exceptions: Easements, rights -of -way and restrictions of record (if any) In the Brunswick County Registry; and ad valorem
[axes for the current year and subsequent years.
written.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above
(SEAL)
Lawson�E. Lever y
't LY ""u (SEAL)
Ruth S. Lever
STATE OF/%x-e•Lt-s..t/
COUNTY OF
otary Public in and for the State and County aforesaid, do hereby
certify Iha LEVER an .wl e. M S. LEVER, personally appeared before me this day and acknowledged the
due exe lion of the oregoing instrument for the purposes therein set forth.
Witness my hand and notarial seal, this the ra,ay of rrre'2B
NOTARY PURL C
My commission expires. rcex^+e
d�gAF SNF,b
h 10TAAL A
qe
��lly��CKCW'
STATE OF NORTH CAROLINA
COUNTY OF BRUNS W ICK
The Foregoing(or annexed) Cel tiricate(s) of SANDRA P SPENCER
Notary(ies) Public is (are) Certified to be Cormct. —
This Instrument was tiled for Registration on this 2 5 r h Day nF i lu^e
in the Book and page shown on the Fi nt Page hereof. r =60A
ROE J4R(7AN1;tg eialer of Ottda
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Brunswick County, NC Ro9lstsr of 0aeds Daao 1 of s
:rondo n. Clemens Roalst<r of Deods
01-23-2013 11:11:12. 000 erunsue' County, NC
NC REVENUE STAW: j330.00 (1*422090)
Pmealder _
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Refund: C::fi ;; _Flnanee_
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NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 530.00 Parcel Identifier No. 237LF01101
Prepared by: Ryan W. Johnson, a licensed NC attorney, P.O. Box 10818, Southport, NC 28461
Delinquent taxes, if any, to be paid to the Brunswick County Revenue Office upon disbursement of the closing
proceeds by the closing attorney.
This Deed is made this 22" t day of January, 2015 by and between
Tract 3, .06 Acre, Plat 39/41
ELWIN DALE MCPHERSON and wife,
JACQUELYN W.MCPHERSON
109 S. Rhett St.
Southport, NC 28461
PAUL M. S W ENSON and wife,
MARIA F. SWENSON
107 N. Atlantic Ave.
Southport, NC 28461
the designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
The Grantor represents that this property is _ / is not X their primary residence.
WITNESSETH, that, Grantor, in consideration of Ten and No/100 ($10.00) Dollars and
other good and valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said
Grantee, and Grantee's heirs, successors, and assigns, forever, in fee simple, all that certain lot or
parcel of land located in the County of Brunswick, State of North Carolina, and more particularly
described as follows:
Page I of4
aE0ENEo
MPy 231p19
��MYg11.MWG'fON+{,C
See Exhibit "A", attached hereto and incorporated herein by reference.
Said property having been previously conveyed to Grantor, by instrument(s) recorded in Book
2299, Page 514 of the Brunswick County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances, thereto belonging, to the said Grantee and said Grantee's heirs, successors, and
assigns, forever, in fee simple; and the Grantor, for itself, its successors and assigns, does
covenant with the said Grantee and said Grantee's heirs, successors and assigns, that Grantor is
seized of the premises in fee simple, and has the right to convey the same in the estate aforesaid,
that title is marketable and free and clear of all encumbrances, except as herein stated, and that
Grantor hereby will warrant and defend the title against the lawful claims of all persons
whomsoever, except for the exceptions herein stated.
Title to the property bereinabove is subject to the following exceptions:
I. Ad valorem taxes for current and subsequent years.
2. Easements for utilities and rights of way in the chain of title.
3. Restrictive covenants of record.
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seal, the day and
year first above written.
Ci,— U %X � (SEAL)
ELWIN DALE MCPHERSON
J 1 q YPI W. MCPHERSON
Notarial acknowledgment on following page
Page 2 of
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MAV �3��x
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STATE OF NORTH CAROLINA IIIIIII IIIIIIINIIII egister a( ?"4.::�:-�'
COUNTY OF BRUNSWICK
I, cyan W. �o""Al _, a Notary Public for said state and county, do hereby
certify that Iw�iu Dale McPherson personally appeared before me this day and acknowledged
the execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, this Z2"4 day of Janu , 2015.
111111
Official Seal 11JOH, PS//
NOTARY
_ NOTAR),
My Commission Expires: 21 a (sea
P U B OC,{(� `
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
1, Clan W • Soh"ISon , a Notary Public for said state and county, do hereby
certify that Jacquelyn W. McPherson personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, this _22"' day of January, 2015.
Official Seal W t��01f, � NOTARY U
O.
p tt O T A R y y_ My Commtssio pines: _y(, b
PUBLICS
S%CK CO�N\``�
Page 3 of 4
ItleeV o
MpY 23.,
pCM\j111M\NGTGN ;�::
IIIIIII IIIIIII I II III NII NC ICI IIII Ille r ?"T;1Z
EXHIBIT "A"
BEGINNING at a PK nail, set located in the western right of way of a 20 foot right of way
known as Yacht Basin Drive, said beginning point located South 17, degs. 23 min. 08 sec.
West, 802.48 feet from the Nash Street City Base Line Monument engraved C. S. 1890.
Thence running with the western right of way One of said 20 foot right of way street known
as Yacht Basin Drive, South 12 degs. 31 min. 50 sec. East, 50.00 feet; thence continuing
with the western right of way line of said 20 foot right of way street known as Yacht Basin
Drive, South 12 degs. 31 min. 50 sec. East, 32.16 feet to the point of beginning. From the
beginning point so located, running with the western right of way line of said 20 fool fight
of way street known as Yacht Basin Drive, South 12 degs. 31 min. 50 sec. East, 30.53 feet to
an existing iron pipe; thence leaving the right of way of aforesaid drive, South 78 degs. 24
min. 48 sec. West, 40.54 feet to a tack set in the bulkhead; thence continuing on a course of
South 78 degs. 28 min. 48 see. War, 49.47 feet to the U.S. Army Corp. of Engineen line,
North 77 degs. 18 min. 40 sec. East, 37.98 feet to a tack set in bulkhead; thence continuing
an a course of North 77 degs. 18 min. 40 sec. East, 51.02 feel to the pain( of beginning;
containing 2640.7 sq. ft., including those lands under the water. Being known as Tract 3 as
shown on a map by Tide Water Surveying dated 12/02/2005.
For back deed reference see Book 2299 at Page 514 of the Brunswick County Registry.
Parcel ID Number: 237LFOI101
Page 4 of 4
RreENEa
MAV 23Z���
OCMw11.M�NGt�N, NG
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Paul and Maria Swenson
Mailing Address: 107 North Atlantic Avenue
Southport, N-C. 28461
Phone Number: 910-367-3981
Email Address: pmswenson(agmail.com
I certify that I have authorized Land Management Group, Inc.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Restaurant deck enlargement,
bulkhead refacing
at my property located at Provision Company Restaurant 130 Yacht Basin Drive,
Southport, N.C. 28461,
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
' wl •? J- r7 7
R,CENvSID
2 %tip\%
M'W
OEM W\�N`�NG��N, NC
Print or Type Name
Title
Date
This certification is valid through 12/3112018
R�DENED
MPV 2 31�\�
O0MWLM\14G30104C
Coastal Management
ENVIRONMENTAL QUALITY
June 25,2018
Land Management Group, Inc.
c/o Greg Finch
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Dear Mr. Finch:
ROY COOPER
r wm"r
MICHAEL S. REGAN
.tip Iwy
BRAXTON DAVIS
Director
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent
for The Provision Restaurant (c/o Paul Swenson), for State approval for development of the subject
property located at 130 Yacht Basin Drive, adjacent to the Southport Yacht Basin off of the Intracoastal
Waterway, in Southport, Brunswick County. It was received as complete on June 18, 2018 and appears to
be adequate for processing at this time. The projected deadline for making a decision is September 1,
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 June 18, 2018, you may request a
meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of
your project. Such a meeting will be held within five working days from the receipt of your written
request and shall include the property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card
to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could
result in an incomplete application.
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.
Sincerely,
Brooks Surgan
Field Representative
cc: Courtney Spears, DCM Chad Coburn, DWR
Doug Huggett, MHC Wayne Strickland, City of Southport (LPO)
Liz Hair, COE e., L
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Fan., Wilmington, NC 29405
910-796-7215
N(1'1'IC1:
CAMA PERMIT
A 3PLIIM.F
To reconfigure an exis ing ocking Racii FY, install
an
. • • : -
Southport,County
APPLICANT:
Agent: Greg Finch (910) 452-0001
r.,
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�1 JNC Div. of Coastal Management
127 Cardinal nr Extencion
_Wilmingten, NC 28405
Sara MacPherson, Field Specialist
910-796-7425
Coastal Management
ENVIRONMENTAL QUALITY
June 26, 2108
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for The Provision Restaurant / Brunswick Co.
Hello Angie: Please publish the attached Notice in the Thursday, June 28, 2018 issue.
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dimaor
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
Permitting Support & Customer Assistance
Courtney Spears- WiRO
MHC Files
Liz Hair - USACE
Sarah Young- DCM
State of North Carolina I Environmemel Quality I Coastal Management
127 Cardinal Drive Ev., Wilmington, NC 28405
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 application was submitted for a development permit in an
Area of Environmental Concern as designated under the CAMA: On June 18, 2018, The
Provision Restaurant c% Paul Swenson proposed to make improvements to a restaurant
and docking facility, and to construct new decking and a bulkhead at 130 Yacht Basin Dr.,
adjacent to the Southport Yacht Basin I AIWW, in Southport, Brunswick County. A copy
of the application can be examined or copied at the office of Brooks Surgan, N.C. Dept. of
Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,
NC 28405, (910-796-7270) 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 July 17, 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.
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Yacht Basin/ CF River
Fee: $400 #4$733CR ✓
CDAITS _ MHC oc
Applicant: The Provision Restaurant
AgentlContractor: Land Management Group do Greg Finch
Project Site County: Brunswick Ar
Staff: Brooks Surgan trict: Wilmington
VRover
Project Name: Provision Restaurant Expansion File: n/a
River Basin: Cape Fear
Initial date of application submittal: 9-22-17
Date application "received as complete" in the Field office: ('11@ f
Permit Authorization: CAMA ❑ Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes ANo PNA: yYes XNo
Photos Taken: Yeso No
Setback Required (riparian): ❑Yes No
Critical Habitat: ❑Yes ❑No Not Sure
15 foot waiver obtained: Yes No
Hazard Notification Retuned:
❑Yes ❑No 1%J K
SAV: ❑Yes P,o ❑Not Sure
Shell Bottom: ❑Yes IyNo ❑ Not
Temporary Impacts: ❑Yes XNo
Sure
Sandbags: ❑Yes NNo ❑ Not Sure
Did the land use classificati n come
Mitigation Required (optional):
from county LUP: ❑Yes XNo
❑Yes ONo
Moratorium Conditions:
Environments Assessment Done:
Length of Shoreline:
❑Yes KNo ❑NA
❑Yes []No KNA
r elZ G FT
nation:
Shellfish ArMClos
Project Description: (code)
DDeev_eloJpm—ent Area: (code)
Open -or-
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
LJ (SY) Salt reed grass (Spartina
aftemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow 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; 4144 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
❑ Express Permit - $2000
acre; 4144 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; 4144 can be applied; DCM needs
DWQ agreement - $400
The Provision Restaurant
Date: 5-23-18
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
no 1
Maint ❑
Y ❑ N
i
1
New Work
Maint ❑
Replace
❑ Y A N
r
,�
New Work
Replace
1
Maint ❑
❑ Y WfN
I
New Work
Replace
26
20
Maint ❑
❑ Y WN
New Work
Replace
I
Maint ❑
❑ Y N
I I
New Work
Replace
Maint ❑
❑ Y PON
OT
'
New Work
Maint ❑
Replace
❑ Y JXN
' r
SZ
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
temp impacts) )
impact amount)
temp impacts)
amount
GDredge
❑ Fill ❑ Both ❑ Other
��
860
Dredge ❑ Fill Both ❑ Other ❑
Z
(9 L
Dredge ❑ Fill ❑ Both ❑ Other
60117,30
Dredge ❑ Fill ❑ Both ❑ Other
I Z
z-44
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733.2293:: 1.888-4RCOAST::w .nccoastalmanaaement.net revised: 2-26.2018
Check No &
,.,,,.-..., ..
DCM 0%
OWUMMMM
Development Type
Fee
(14300160143510009316256253)
(24300160243510D09
i. Private, non-commercial development
that does not Involve file filling or
excavation of any wetlands or open water
areas:
$250
100% ($250)
II. Public or commercial development that
des not involve the filling or excavation
....
^' of any wetlands or open water areas
$400
100% ($400 )
0% ($0)
For development that involves ;he
- thing andlor excavation of up to t acre of
eflands and?or open water areas,.
etermine if A,B. C. or D below. applies
III(A). Private, noncommercial
development. if Genera Water Quality
....Certification No. 4144 (See attached) can
be applied:
$250
100% ($250)
0% ($M
- 111(Bl. Public or commercial development.
if General Water Quality Certification No.
4144 (See attached) can be applied
$400)
100% ($400)
0% ($C
III(C). If General Water Quality
Certification No. 4144 (see attached)
could be applied, but DCM staff
tennineci that additional review and
written DWQ. concurrence is needed
because ofconcerns related to water
quality or aquatic life:
$400
60% ($240)
40% ($160)
111(D) If General Water Quality
Certification No. 4144 (see attached)
not be applied:
$400 '
60% ($240)
40% ($160)
IV. Development that involves the filling
ndlor excavation of more than one acre
of wetlands andtor open waterareas'.
$475
60% ($285)
40% ($190)
8/14/2017
8/15/2017
Land
For: Paul
First Bank
Check
$400.00
major fee, 130 Yacht Basin
BS rct. 4650D
Management
Swenson
#48733
Dr. Southport BrCo NO split
Group Inc.
'Credit issued ol'this permit on d1/29/2018 per Melissa through Patricia Hay.'"
*Applying credit on 06/04/2018 for $400 major fee, Provision Restaurant, 130 Yacht Basin Drive, Southport.
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
6/4/2018
Land Management
Paul Swenson /
CREDIT
Original
USING
major fee, 130 Yacht Basin
BS rct. 4650D
Group
Provision
from check
check
$400.00
Drive, Southport BRCo NO
(original
Restaurant
#48733on
#48733
CREDIT
Split
receipt)
8/14/2017
� E eck
(_477 sft)
Adjacent t
Dock and
i
Existing Re
Existing Dock (to remair
1
Proposed Covered Wood D
15' x
1,
A
Pilings
Proposed 6'x84' Floating
USACE NAVIGATION CHANNEL
(SOUTHPORT BASIN)
15' —t Bulkhead
Prop. Bulkhead
96 Ift; 2' >/MHW-/
Existing Floating Dock
(to remain)
Adjacent Existing
Dock and Pilings
BAY STREET
rold Peterson & PamMa Dodge
212S1rang€Stree(t
Existing Gravel
GL —Wilmington,NC284P1 (1,239sf)
Proposed 20 x 20 Covered
Proposed 20 x 11 Restaurant Extension 1
Open Wood Deck7 C(365's.f. within 30' Buffer)
(175' s.f. within 30' Buffer)
Existing—
Slp
5' Slip 5
0
11
Ai
75' Coastal
Shoreline AEC
Limit
Ex. Brick Pavers
(-'844 sft)
Vt��ULAJEC
` x. Building 1
(-724 sft)
Proposed 12 x 20 C,
Restaurant Extensio
Covered Deckss(220 s.f. within 30' B
,983 sft)
%�_ /30'Buffer
T PARCEL ID l
Slip 7—
Existing
Slip 8
•
Legend
Parcel Boundary -- -- -- -- —
NOTES:
1. BASE MAP FROM TIDE WATER SURVEYING.
2. ENTIRE PROPERTY WITHIN 75' AEC.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. LENGTH OF SHORELINE AT MHW IS 129 LF.
5. NO STRUCTURES OR PILINGS WILL BE LOCATED IN THE USACE
NAVIGATION CHANNEL.
JECT PARCEL ID
9237LF01007
Existing Bulkhead " 1
1
1
m 1
N Isabel Propertiels of NC LLC
6752 Gordop Road
Wilmington, NJ 28411
C� 1
O
O 1
O. 1
U) 1
x �1
0 0
tLMG
LAND MANAGUQNT GROUP
Ftvironmentnr C4ninitanb
Post O6fos Box 2522
Wilmington, North Caroline 28402
Teleohone'. 910-452-0001
FOR ENVIRONMENTAL PERMITTING ONLY
ject: Date: Revision Date'. 0114/18 6/1/16
Provision Restaurant 5/22I1B _
1"=20' 1 02-17-165
Existing Conditions Drawn By: Sheet Number'.
and Site Location GSF 2 of 3
A
18
14
Ex. Provision
Ex. Roofed Deck-
10 Restaurant Bldg.
(Outdoor Seating)
----------------------------
2
---------
--
------
--
z
-2
z
-6
Ex. Bulkhead//
-10
Replacement Bulkhead
0+00 0+10 0+20
18
14 t
10 8'
6
2
z
-2
-6
-1 v
0+00
Profile A
Roof construction and details
of attachment to existing deck roposed
buildingg permit. Seating Area Expansion
to be (ermit.. local Piling -Supported, Roofed, Unenclosed Sides
Ex. Fixed Finger Pier
Pilings for Proposed Deck and Pilings to be Removed
Expansion, Not Shown
(to be determined by contractor)
III III III �( Proposed Six 84' Floang Dock
Pilings per Contractor) I I
aw
115
I Max
0+30 0+40
Profile B
Proposed Provision 12.5 _ Ex. Open Deck
Restaurant Expansion (Outdoor Seating/
(Over Existing Gravel Area) i Waiting Area)
Ex. Bulkhead
(Depth Unknown)
Ex.
0+50
0+60
0+70
A'
18
14
10
6
---------2
J
= z
-6
-10
I
0+60
B'
18
14
10
6
_--------------------------- NHW_.
2
---------- -------------------------NLW---
z
Ex. Bottom - 2
-6
-10
0+10 0+20 0+30 0+40
Z� ✓G'G ��G
�O
�0
NOTES: ?
1. FOR ENVIROANTAL PERMITTING ONLY.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
1CAMA12017 CAMA FILES102-17-165 — Pm isbn Resburent. PauWade Swensonlism
0+50
0+60 0+70 0+80
o �
o
Project Dab:
Revlabn Date.
5/22118
6/1118
LMG
Provision Restaurant
Scale:
Job umber
LAND MANAGEMaNT GRnlrr ne
1"=10'
02-17-165
t nvlronmmml Consulmn 4
Title.
Post Dl6ca Box 2522
Profiles A and B Drawn By:
Shoot Number
WaNrpmn, North Carolina 26102
GSF
3 of 3
Hwy 133
Hwy 87
Site
i 1 ------ Hwy211
1
STREET (50' RAW NTS Site Location Map
-
�� old PetersonBr-Parrti3"� Dodge
—212 tsange Street �"•"'°a""°I
u.zas •n
I - Ex. Deck Wilmington, NC 284 1
Ex. (^477 eft)
Bulkhead
Adjacent Exis n
1--J Dock and Pilin s
• N '1
SUBJECT PID .t
Existing Ram -'Sllp 1 I a23 O i Te coum
�J .fit Sborellna AEC
Existing Dock (to remain Limit
Slip 2 ;g m ' Site Location/Project Boundary
'0N SUBJECT PID
Slip 3 <z az37LFD,D 1. 130Y,acht Basin Drive
Existing Finger Pier and Piling /•/ .Brick Pavers Southport, NC 28461
(to be removed) (^844 aft) Y
�- Slip 4 / C001-ER x. Building .1
1 (-724 sft)
Ex. Fixed Dock c. Covered Deck \
(to be removed) / (^1,983 aft) \ '( rn
SUBJECT PARCEL ID \ Z
SD TSli 5 M237LF01001 \ .1 (EiUI�OING E r p�y
USAGE NAVIGATION
HPORT BASIN) p ; m o pWN SP I NG CURB G
a � m Otto �sl R
�J Slip 6 — PN
SUBJECT PARCEL ID; GREEN AREA
Existing Finger Pier and Piling37LF01007
s Slip7 \ .1
(tore be removed)
�f lacing Bulkhead,.,, —''A
Slip 8 • 1
5•
Existing Floating Dock 1
(to remain) 1
Isabel Properties of NC LLC
Nt 6752 Gordd(1 Road
Adjacent Existin
C Wilmington, N(C 28411
Dock and Filings 0 1
�J �/ � • • Z°o 1
rn 1
' 1
N1 1
�� �� • • i 1
1 0 1 ••
0 1 •
N 1
EC 1 •
�� �� �� •
AMERICAN DEC • • •
FISW
COMPANY j •
DEC' / DEC j� •
/D E K/ •
O
ATLANTI&,OTRACOASTAL WATER AY GPQ
C' —
Legend
Parcel Boundary o 0
FOR ENVIRONMENTAL PERMITTING ONLY
NOTES: Project: Date sonDate:
5l22118 8/1I18
1. BASE MAP FROM TIDE WATER SURVEYING. T 7t {/� Provision Restaurant
2. ENTIRE PROPERTY WITHIN 75' AEC. 14MG scale: Job um er:
LAND MANAGEMENT GROUP me 1"=30' 02-17-165
3. NOT A SURVEYED OR ENGINEERED DRAWING. znro-onmenrat confulmnH Tle.
4. LENGTH OF SHORELINE AT MHW IS 129 LF. Postomcoeox2522 Existing Conditions Drawn By: Sheet Number:
Wtlmington, North Carotins 28402 and Site Location GSF 1 of 3
Telephone. 910-452-0001
1 %rAuawn17 f.GMa FII FSV19.17da5— Provision Restaurant. Paul -Made SmnsciRW evlalon.dwa