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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 i�r'ovi Spot ►2.�-5�_ Mµ�l End PN/Comment Deadline: y"/jq' I 30 Day Comment Period: W71,111 0 o �� of nowt. wt.ert*K SINj((b -A6"SW plM-forwO site COLA- VUJ 594 bWAu0'-- 5i ru dpu' o�,t�✓Ntitv�afity� "6v PPLUI - M d o�C,!#- pnj e&[ in VV 3 tU a+ -hu hvyy P'IIX5 OM ~i- bw"As Plat f lfw — ?Int" ft_d-" &xvatl PlaffiW K coQ(, . ku 5,44"" u... is O'V�sistev#' v'// a.GwOtt 04boo area Vasa On s oreliKe lQv, tv, of 12� � loo 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 SEP 0 7 2018 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 SEP 0 7 2018 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 r r r � bmM V aia.wa Rem P+ta:m Cx1 M Slip Slip 3 % F flrg Fmp°,P rr PiW rommmMm �. Slip 4 / (m.Fk / �m.nnr°rr—el U.4°LEW GXnON LNANN Slips (SOUiNPoRTBISIM , Slip S T+arma cxowMwn w:r�:m' Slip Slip E �Ea°Mp RmMp Oo (m rtm.iN i' bPmM EmM rrrr�--r 1 1p8 ATLANTIEY, jNTRACOASTAL WX e Parcel Boundary — ------------ NOTES: 1. BASE MAP FROM TIDE WATER SURVEYING. 2. ENTIRE PROPERTY WITHIN 75'AEO. 3. NOT A SURVEYED OR ENGINEERED DRAWING. 4. LENGTH OF SHORELINE AT MHW IS 129 LF. Hwy 133 ;VHWY 87 l 1 1 . Site 1 .Hwy 211 1 1 � Site ocs on Map 11 BAY STREET (50' — NT N 1 Z 1 Q \ Um- 1 /C // Site Location/Project E 130 Yacht Basin Drive .e wP° P. Southport, NC 28461 mxxtom 1 1 t9*o F1'1GC'-Gv ONILING NG p110 151P WI 1 1 w ' 'tsaeel 2 G.Wdp s of NEttC- — � a]5tn,�JCRoetl Wlminaon, 12a411 s �0 1 a 1 1 >� 1 c 1 1 s 1 p V FOR ENVIRONMENTAL PERMITTING ONLY PMr°G oNv: ° { n PMwi°°w.murtm amne erne C Tltiv 1a90' Oy1]r1 &S ,yk Ea.r�a Co°a co:� m.�w: GSF Mxwom.. iMa v tlallolaelbn TekyMm:atoLSxao% A110 OHW1430 ON Adacent tie - 15, Dock and 'llin s Eelstlr Eldsting Rem —� Elsa6ng Dock (to remain a&g Slip 2 �J 26 Slip 3 Proposed Covered Wood 15'xB'J i 1 A SBp4 s• Proposed 4':B4' Floating Doc 5' •CE NAVIGATION CHANNEL (SOUTHPORT BASIN) Prop. Sulkhea 2'>,BB+W—' _ o song Floating Dock (to remain) Aar t euEw n �J . Dock and Pilings Pvevee.a s ov.n veal •tvnwo sat Slip 8 PanMl Boundary NOTES: I. BASE MAP FROM TIDE WATER SURVEYING. 2. ENTIRE PROPERTY WITHIN 75' AEC. 3. NOTA SURVEYED OR ENGINEERED DMWING. 4. LENGTH OF SHORELINE AT MHW ISI2B Lf. 6. NO STRUCTURES OR PILINGS WILL BE LOCATED IN THE USAGE NAVIGATION CHANNEL. Coveretl Buffer O \ m0GG SUAJECT PARCEL Di, 1 1\ 37LF0100T ; \ zlsBn9 B /Ik,iled ...aI ( m \ X Isabel Properti W NC LLC 6752 Gordo Road GG1 Wilmington, NIC 25411 Cpt 1 Z \ O \ 1 FOR ENVIRONMENTAL PERMITTING ONLY y �` p,WiC G.w' MLte — erMn. r>� vrvwbn BreesN u, t.A'+'C n. T*m ozngr ,ems v�'., 6xenv cmeBen .nxw... V.ar �.x.mn.ve.ax-,wsll UoW. Wr Zeta .�o.sxmo� Profile A RpplmnsaucD'pn antltlefepa - NettecMnentroasls6rgdeat A me. nnemweybmf eWWinpVermiL ppsw SpeWp MCEvpe�mn Pit pSppDpded, RDD1e4 Unentlpsw Sines ^ f /1 18 18 14 14 10 10 66 2 2 � z z -2 2 -8 -8 10 -10 0+00 0+10 0+20 O+SD D+40 0+50 D+BD 0+70 D+eD � z z 01 0+00 D+10 0+20 0+30 0+40 0+E0 0+E0 0+70 0+80 9 � Y Q ?ice ' rid T� tY �-••:q'�'a Pmwm Reauwni srnne anne ' ?y W":}' + x^ry NOTES: 1. FOR ENVIRCN&NDAL PERMITTING ONLY. n/ am.: da�U(ta. r.fv m-n-16a , 2. NOTA SURVEYED OR ENGINEERED DRAWING. "- p�aAln A.dB n.nre..e.. Bap ana F D 118 — IeN. nR. uygP N.S no mM n. *ewra.:afouamm' Ex. FNw Flnpar Pler PXiOpa b/Pmppa�d Deck entl De Remwatl FiPanabn, Npf �$$$$$hhhhhhovm �npsm ' ( ee determinapPnDavro4 ekDDGFx. W per ConVaCor)�II I Pmvaian ResmpreM Bop. Fi.Roofed DeA`110� (aWoal Seat ) Y MeM 12 j � Bulkaee lRaple®igaM I BUIXM1eetl EV Botli I 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 p�M 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 6119117Jlltif7 USPS.cont®- USPS Tracking® Results ALERT: AS OF APRIL 30, USPS.COM NO LONGER SUPPORTS OUTDATED BROWSERS. TO CO... USPS Tracking® FAQs >(http://faq.usps.comnarticleld=220") Track Another Package + Tracking Number: 70150640000228390863 Remove x Expected Delivery by THURSDAY by 24 0118Y p 8:OOPM( C✓ Delivered MM May 24, 2018 at 12:57 pm Delivered, Left with Individual WILMINGTON, NC 28401 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, A. tilgrrewre x O Apra MEWS B. Receiwd by fPrfnred Name) QDale of Dell or on the front R space permits. D. Is dillvery adders dllfemnt fmmlleM l? ONm Get Updates 1. Article Addessedtw — HA(WD peoZg p PfiW A bon tt� if YES, enter delivery address below. o No a12 inwiliiz S� WAAW(a oK, 2�Q4ol Text & Email Updates II i illii 1'd IIII II ll I I IIIlIIli ll I II I Il I III III Tracking History 9590 9402 1614 6053 4481 81 Product Information 7015 0640'0002 2839 0863 PS Form 3811. Judy 2015 PON 7690-02A0049063 See Less ^ 9endee Type ❑p"itympepwo Adull Slgnatum 0ibaldred Maft^ Adult FA9nature Rwhicled Delkmy ❑ registered Met Reehk:ted cerllfied WHO Dallvery COMM MallRosdrlcrcd DWNmy ❑ FW Reaw,tf r Cdkect on Dolimy a Coxed a„ Delivery Reveled Dcliwry ❑ Slgneruie Ccn lmMtmn^ IWt o Sgneluw Curdemxtlon 1Ms9fbdloreD*M j RestdctedDcuvnry Domestic Relum Receipt RECEIVED JUN 2 6 2018 �VA WILMINGTON, NO Can't find what you're looking for. liltps:lltools.usps.mnVgo/TrackConfimiActiat?lRef=fullpago&tLc=2&lext28777=&lLabels=70150640000228390663%2C 12 'rrf!!r yp,ul,l,Ir",�N11rPy'yl„rlllrl'r'nll!Nf > {f-,�smYvlwsgki po.9$ virl v, N 'Noit), IW tM 30Y1S 1 'i] NIXIE 207 DC i 0006/11/18 6E92 2000 01190 STOL RETURN TO SENDER I- NOT DELIVERABLE AS ADDRESSED. UNABLE TO FORWARD ate: -- aw 5 va5 44i I Z Z 0500745 -----------===AZALEA=====_`________' 3916 OLEANDER OR WILMINGTON NC 28403-6758 3686440406 05/22/2018 (800)275-8777 4:44 PM Product Sale Final Description Oty Price First -Class f $1.84 Mail Large Envelope (Domestic) (WILMINGTON, NO 28401) (Weight:0 Lb 5.00 Oz) (Estimated Delivery Date) (Thursday 05/24/2018) Certified 1 $3,45 (14USPS Certified Mail #) (70150640000228390863) Return 1 $2.75 Receipt (®OUSPS Return Receipt #) (9590940216146053448181) First -Class 1 $1.84 Mail Large Envelope (Domestic) (WILMINGTON, NC 28411) (Weight:0 Lb 5.00 Oz) (Estimated Delivery Date) (Thursday 05/24/2018) Certified 1 $3.45 (W#USPS Certified Mail #) (70150640000228394441) Return 1 $2.75 Receipt (@IUSPS Return Receipt #) (9590940216146053448174) Total $16.08 Credit Card Remitd $16.08 (Card Name:VISA) (Account #:XXXXXXXXXXXX9515) (Approval #:411983) (Transaction #:577) (Entry Mode:Chip) (AID:A0000000031010) (Application Label:Visa Credit) (PIN:PIN Not Required) (Cryptogram:3C45D5E27DADE2A8) (ARC:00) (CVR:5E0000) (IAD:06010AO3600000) (TSI:6800) (TVR:8000008000) Text your tracking number to 28777 (2USPS) to get the latest status. Standard Message and Data rates may apply. You may also visit www.usps,com USPS Tracking or call 1-800-222-1811. In a hurry? Self-service kiosks offer quick and easy check-out. Any Retail Associate can show you how. U.S. Postal Service" CERTIFIED MAIL" RECEIPT Domestic Mail only For delivery inlonnatlon, visa our werrsite at wL"v i"' B com Er M ru ru a 0 0 0 7 .A 0 r+l 0 I` U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail only 111 -o- ^' rre° t3.45 4406 m ru ❑rae.amPn s O❑Ppren anxpr ldema#) $ PaaOnah o �cmn.e Mw wewor .y C3 i1:84 21 -13 Pwmp o f 04 Fti1�A 0 r071.. i s" 05/22/2018 DN NG pC Preview your Mail Track your Packages Sinn iin f— Mcc m 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) ������������111���J11�1i1����r 83521dP05�4s '3� r Rat: �7 R n Ck5 Ck Cashs Refund: Ccsh 5 _ FIItBnEa ❑PoIGOn5aldocunwx a�e:leg¢�aaw tomMissn - CROW ""' COnit"5 se•'�ven'?n bYOAEIna . - ':bhme'd. _. cu u. mr;:me0 or mr'9j. 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 ppM w��tJAN��pN, NG Jflj(!jJ��J�1�1111�1111��Ij Jill a21 P9..0 3a 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 "r.%j Ep 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) I������I�����il�1�����11���J���II����r 83918 P11of (foods �CI..b ''Moo Return to 4�,nt r0 Ck8 1�1`� Refund- Can S Fmenca 13Ponicns of document are illegible due to condition otoagmal. C Document contains seals Veined by original 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 RE�E�vSp �p� 2 3101� 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 sleof ep 00 25jo QG0W11.0wG10tJ, AG IIIIIInIIIIIIIIIIIIIIIIltIIIIIIui 13re P1199 "24-'°" l]S. aa, rsM. eions, vaav Dee Brunswick County, s9[stsr of Oaads page,. 3 of 7 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:..•`•• Pagc 4 of 6 Sr �ENEp 4Ny 15 ti�1B DCMV`111.M�NG��N, Nc U urs lck County, P�C "iste�r of P1201 f���op 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 �E '0 GO `MAC 2 nyti0\6 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 C' OD Illnlllllllllllllllllllll�llllllllll �918 M Cl ., 3s_ '4 26 OV Brenda . e opoo arunsuack Caunly, N Ragl star of BeaEs pa'gge , . of 1 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— RECM_CKAMI /)7 CK•Lal—q 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 5tE�E���D p�MW��.M�N�SCN, Nc Illlnl IIIIIIIIIIIII Illltllllllllllll ! � ?�6l.�°. PRoP 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 _ /-f T Rev Ck15 Ck::1308/7-Call h$ Refund: C::fi ;; _Flnanee_ ❑ Pdnbnse(dxumenl ON 10 ocadaDn al0m nal. 0 O=NnIMofiWftsealt mled nVadeMa k4hUT" Mc 1- '.x e'nnw 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 RE��w�r MAV �3��x pCMW1t�'1i�NGt�N, NG 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