41-18 Southport Waterfront Properties LLC

Permit Class
NEW ,
Permit Number
41-18
I'
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
ptECENED
MAY 232018
for �r -MHD CITY
X Major Development in an Area of Environmental l' 0litem
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Southport Waterfront Properties, LLC, 6752 Gordon Road, Wilmington NC 28411
Authorizing development in Brunswick County adj. to the AIWW. at 319 W. Bay Drive,
Southport , as requested in the permittee's application dated 0/18 (MP-1), 4/10/18
(MP-4), incl. attached workplan drawings (2), 2 of 4 dated 3/22/18, and 4 of 4 dated 2/19/18.
This permit, issued on May 10, 2018 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
to lines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
T� i &a- BraxtoAT. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Southport Waterfront Properties, LLC Permit No. 47 •18_
Page 2 of 3
ADDITIONAL CONDITIONS
3) The pennittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 8 formalized boat slips. Docking space on the landward side of the
floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the
floating dock.
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
7) No portion of the authorized docking facility shall extend into the federal channel setback.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
Easement
9) The permittee is required to 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). The easement shall be obtained, and a copy
provided to the Division of Coastal Management, prior to the construction of any new boat slips or other
docking facilities authorized under this permit.
General
10) Prior to the occupancy of any of the slips authorized under this permit, the permittee shall remove all
existing pilings within the permittee's riparian corridor.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
12) 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.
13) 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.
14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.

Southpor,iWaterfront Properties, LLC Permit No. 41-18
Page 3 of 3
ADDITIONAL CONMIONS
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 (Action ID No. SAW-2018-00684), which was issued on 4/10/18.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2015-
0651v2.
NOTE: An application processing fee of $400 was received by DCM for this project.
SSG
Go,
O

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Southport Waterfront Properties, LLC COUNTY: Brunswick
PROJECT NAME: Frying Pan Restaurant Docking Facility
LOCATION OF PROJECT: 319 W. Bay Street, adjacent to the Cape Fear River in Southport
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-20-18
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Brooks ((S��urgan
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 2-26-18
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO: y 4s
C) 75 DAY DEADLINE:
MAIL OUT DATE: 2-22-18
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WJLMINGTON
FEE REC'D: $400 #49367
END OF NOTICE DATE: 3-19-18
DEED RECV:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 3-19-18
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
jZ
Division of Coastal Management-LUP Consistency
S� % /�
✓
Public Water Section (DWR)
C;2
js
Land Quality Section (DEMLR)
a
�(
Division of Water Resources - 401 Section
L4 17
/QC—
0/
Storm Water Management (DEMLR)
Y
State Property Office
r rIH4 I
Division of Archives & History
344
Division of Marine Fisheries - Shellfish Section
J
Division of Highways (NCDOT)
Wildlife Resources Commission
3
E CEIVED
Local Permit Officer
FEB 2 7 2018
Dept. ef es c aeoiogy
Division of Marine Fisheries - DCM
Corps of Engineers - Regulatory Branch
b P

�OA 5/ 17Jr/��cll to c eE o✓ I ASS
I etowzwl,
Coats, Heather
From:
Coats, Heather
Sent:
Monday, May 14, 2018 3:00 PM
To:
'Steve Morrison'
Cc:
Surgan, Brooks R
Subject:
RE: [External] FW: Frying Pan Restaurant revision
Hi Steve,
Doug is out today and tomorrow, so I'll check with him when he gets back as to how he wants to correct the record on
that permit condition, but you can consider this informal confirmation that an easement will now not be required prior
to starting work, in accordance with revised comments received from the State Property Office.
Let me know if you have any questions in the meantime.
Thanks again!
Heather
Heather Coats
Beach & Inlet Management Project Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coats Co.ncd a nr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
-5��Nothing Compares.,._,._
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Steve Morrison [mailto:[e-mail]]'
Sent: Friday, May 11, 2018 3:22 PM
To: Coats, Heather <[e-mail]>
Cc: Greg Finch <[e-mail]>
Subject: FW: [External] FW: Frying Pan Restaurant revision
Heather,

I contacted Mike Moser at the SPO and he responded below. Do we need to get a Letter of Refinement or other
document from DCM for the file? Thanks.
Steve Morrison I Environmental Consultant
Direct: 452-0001 x 1903 1 Fax: [phone] Mobile: [phone]
Email: smorrison pC)Jmgroup.net I Website: www.lmgroui).net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Moser, Mike <[e-mail]>
Sent: Friday, May 11, 2018 11:28 AM
To: Steve Morrison <[e-mail]>
Subject: RE: [External] FW: Frying Pan Restaurant revision
Steve,
You are correct. This project will not require a submerged land easement from the State.
Mike
Mike Moser
General Real Estate Manager
State Property Office
Department of Administration
116 West Jones Street
Raleigh, NC 27603
919 807 4680 office
mike. moser(adoa. nc.gov
INC Department of Administration
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Steve Morrison [mailto:[e-mail]]
Sent: Thursday, May 10, 2018 4:01 PM
2

To: Moser, Mike <[e-mail]>
Subject: [External] FW: Frying Pan Restaurant revision
Mike,
Thanks for taking my call earlier. I am forwarding this email which has attached the final 8-slip version of the Frying Pan
Restaurant dock project for which we received a CAMA permit today. Please confirm that since no dockage will be
charged for restaurant customers (or anybody else) and there are now only 8 formalized slips, that this does not require
a submerged land easement. Please let me know if you have any questions by email or phone [phone]). Thank
you for your assistance.
Steve Morrison I Environmental Consultant
Direct: 452-0001 x 19031 Fax: [phone] Mobile: 910.471,0502
Email: smorrison a( ..Imarouo.net I Website: www.lmaroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Kim Williams
Sent: Wednesday, April 25, 2018 8:29 AM
To: Greg Finch <gfinch@lm¢rouo.net>
Subject: FW: Frying Pan Restaurant revision
From: Steve Morrison
Sent: Tuesday, March 27, 2018 11:00 AM
To:'[e-mail]' <[e-mail]>
Cc: Kim Williams <kwilliams([e-mail]>
Subject: FW: Frying Pan Restaurant revision
Heather,
Please see below email I sent to Curt regarding revising the dock layout at the Frying Pan Restaurant. He replied that he
was in agreement with it and asked me to get this to you so he could then revise his comments. Please let me know if
you need anything else. Thanks.
Steve Morrison I Environmental Consultant

Direct: 452-0001 x 1903 1 Fax: [phone] Mobile: [phone]
Email: smorrison Mirngroup.net I Website: www.lmaroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Steve Morrison
Sent: Monday, March 26, 2018 12:48 PM
To: Weychert, Curtis R <[e-mail]>
Cc: Kim Williams <[e-mail]>
Subject: Frying Pan Restaurant revision
Curt,
My client for the Frying Pan Restaurant has revised the dock plan by removing the inner dock completely and featuring a
total of eight finger slips accessed from the waterward end as shown on the attached. This moves the structures and
slips further out. Designated slips would only be along the fingers as shown. I'd like to get your input on this and then
submit to DCM. Thanks.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.

Recommendations for State Permit — Southport Waterfront Properties, LLC 2/26/2018
The total platform area was calculated as follows:
Shoreline length = 110' x 8' = 880 ftZ (max allowable)
Access pier = not calculated due to alignment and dimensions
Finger piers (5) = 2 (68' x 4') and 3 (20' x 4') = 784 ftZ
Total = 784 It"
It is the staff s recommendation the construction of the docking facility would provide docking space for a total of twenty
(20) vessels at this location. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H
.0208(bx6), including the similar pier length rule, the eight -square foot rule and the pier width rule. The docking facility
would not encroach into either 15' riparian setback nor the USACE setback.
Water depths at slips 1 through 3 on the landward side of the 4' x 68' finger pier may be inadequate during the lower stages
of the tide. Patrons wishing to dock or leave this area when water depths are insufficient may cause propeller kicking to the
river bottom. This would result in temporary suspended sediments and deepening on the natural shoreline which may have
impacts on biological processes and organisms within the immediate area.
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.
RECEIVED
FEB272018
DCM- MHD CITY

dJ
MEMORANDUM
To: Heather Coats
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, — Southport
Waterfront Properties, LLC - Southport
Date: May 7, 2018
conflict with the Southport Update.
Land Use Plan U This roject is consistent and not in LL a
—AMENNOWIL- -A
The applicant is proposing to construct an 8-slip commercial docking facility at 319 W.
Bay Street in Southport, Brunswick County.
Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine
Shoreline, Estuarine Waters, Coastal Wetlands 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 CBD/Mixed Use.
In general, Southport allows development in CBD/Mixed Use 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
REGeNeo
� 23�p16
MP NO GO
oGM M

Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
TO: Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.00v
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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 141 4VU Ri � A, , DATED 1 / Z 7 / / O
Stale of Noah Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
TO:
Heidi Cox
Regional Engineering Supervisor
Public Water Supply-WiRO
ROY COOPER
Govemor
MICHAEL S. REGAN
Semsmy
BRAXTON DAVIS
Dhenor
o%v/sro ? 6 7018 U
w,RO P bA at awe yes jpces
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather coats(qncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. Dose CG�tLei Pu 6l�'r✓
"Additional comments may be attached"" i l &Q U ;u �o qua., wr_k, U , nyx bz,
Prop; dedn..L+(Lc,rby a weCL: Kbnef# 910 79b-,7368,
This agency has no comment o the pro se project. �7.4 „ae ! f ta:&' Co,c
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
� L.r a _%r% �—
DATED 4 2,O
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management MAR U 2 71118
127 Cardinal Drive Eat., Wilmington, NC 29405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secremry
BRAXTON DAVIS
Director
February 26, 2018 k:�EFivc�
z � zola
TO Dan Sams grj^a4,�
District Manager-DEMLR
Wilmington Regional Office
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsC�ncdenr.00v
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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 Z�Z�/ -oit
DCM WECEIVED
ILMINGTON. NC
State of North Carolina I Environmental Quality I Coastal Management MAR 0 2 2018
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
MA

DocuSlgn,nvelope ID: 69C2B29C-BSD3-4F17-86E2-E867452A020F
t•'
April 17, 2018
ROY COOPER
_Governor•
MICHAEL S..RECrAN
Seiretdry_
LINDA'CULPEPPER
rinterim=DirEc[or"
Brunswick County
DWR Project: 201.5-0654v2
Southport. Waterfront Properties, LLC
Mr. Mark Brisson.
6752 Gordon Road
Wilmington, NC 28411
Subject Property: Frying Pan Restaurant (319 West Bay Street — Southport)
Approval of 401, Water Quality Certification with Additional Conditions
Dear. Mr. Brisson,
You have our approval, in accordance withthe attached conditions and those listed below, to
construct a 20-slip docking facility as described in.yourapplicationxeceived by the N.C. Division
of Water Resources (DWR) on March.l, 2018. After reviewing your application, we.have decided.
that the impacts are covered by General Water,Qhality Certification Number 4144 (GC4144)..
In addition, you should obtain or otherwise comply with any other required federal, state or local_
permits before you.go ahead with your project including (but.not limited to) Erosion and Sediment
Control, Non discharge, and, stormwater regulations. Also, this approval to proceed with your
proposed impactsorto conductimpacts to waters as depicted in your applicationshall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
hftn://aortal:nedenriore/web%wq/swD/ws/40.1/cerfsandpermits.
This approval is for the purpose and design that you described. in your application.- If you change
your project, you must notify us and you.may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. 'If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the:
conditions listed in the attached certification and any additional conditions. listed. below.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design describedin your application. The plans and
specifications for this project are, incorporated by reference as part of the Certification. If you.
change your project, you must: notify the Division and you maybe required to submit anew
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name {.15ANCAC 02H .0501 and .0502}. - Received
Nothing"Compares
State oENorth Carolina I.Farvironmental Quality
1611MA Service Canter[Raleigh,Ndrth.Cardlina 2709-1611 APR 17 2018
919-707-9000

Docu9ign Envelope ID: 69C2629C-BBD3-4F17.86E2-E867452AO20F
319 west Bay Street- Southport
Brunswick County
2e15-0651v2
Page 2 of 4
2. Any final construction plans for this project must include or reference the application and.
plans approved by the Division under this authorization letter and certification. The
applicant will also be requiredto, evaluate all acquired permits to assure that they are
consistent and alf relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of'25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in.15 A.NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.721,5
4. This General Certification shall expire on the same day as the expiration date- of the
corresponding General Permit. The conditions in effect on the date ofissuance-of the.
Certification for a.specific project shall: remain in effect for the life of the project,
regardless of the expiration ofthis Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms 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 a
copy of -this certification. A copy of; this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H .0507 (c) and I5A NCAC 02H .0506 (b)(2). and (c)(2)]
6. Continuing Compliance:
The applicantfpermittee and their authorized agents shall conduct allactivities in a
manner consistent with. State water quality standards (including any requirements
resulting.from compliance,with 303(d) of the Clean. Water Act), and any other
appropriate requirements of State and Federal. law. If the: Division determines that such
standards or laws are not being met, including failure to sustain a designated or achieved
use, or that State or Federal' law is being violated, or that fiuther conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
QualityCertification. [15A NCAC 02H ,0507(d)]

DocuSign., nvelope ID: 6902829GBBD3-0Ft7-86E2-ES67452A020F
319 West Say Street.- Southport
Brunswick County
2015-0651v2.
Page 3 of 4
All mechanized equipment operated' near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at910.796,7215 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(9, and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to. prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon, the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10. Certificate of Completion
Upon completion of all work approved within. the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://portal.ncdenr.-or web/wq/swp/ws/4or/c-ertsandpermits/applV/forrhsl.
Violations of any condition. herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this. Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form maybe obtained from the OAH at
httn://wwiv.nc6ali.c6ni/,or by calling the OAH Clerk's Office at [phone] for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed
with the OAH. A petition is considered filedwhen the original and one (I) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am -and 5:00 pm,excluding official state holidays).

DocuSign Envelope ID: 69C2B29GBBD3-0F17-86E2-Eg67452A020F
319 West Bay Street.- Southport
Brunswick County
2015-6651v2
Page 4 of 4
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along, with any applicable OAH filing fee is received bythe OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6M
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center_
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean. Water Act. If you have any questions, please telephone ChadCoburnin the DWR
Wilmington Regional Office at [phone] or Chad.Coburn abncdenr.gov.
Sincerely,
E000vsianeaey..
E3ABA14C,croC0.96::..
Morelia Sanchez -King, Assistant,Regional Supervisor
Water. Quality Regional -Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4144
cc: Steve Morrison — Land. Management Group, Inc. (via email)
Greg Finch— Land Management Group, Inc. (via email)
Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email)
WiRO%LF

p 1 S
ROY COOPER
Govemor
MICHAEL S. REGAN
se eway
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY DimC r
February 26, 2018 RECENM
FEB 2 6 2018
TO: Chad Coburn
401 Wetlands NCDEQ
DWR-WiRO WILMINGTON RQ
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatstancdenr.aov
Fax: [phone] rKowner 04-16-33j
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate _below yyour agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] when appropriate
in-depth comments with supporting data is requested.
yo1 W&C _(fs-td yll71/8
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
m S.
SIGNED DATED 0g11 �llg
VEI
DG,, wi WILMINGTON, NC
APR 1 7 2018
Smte ofNahh Carolina I Eawoamental Quality [ CoasW Mmagmmt
127 C &W Drive Ext., Wdmingm, NC 25405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
TO:
i
FR�:
SUBJECT:
Applicant:
ROY COOPER
Governor
MICHAEL S. REGAN
secretory
BRAXTON DAVIS
Director
RECEVED
FEB 2 6 2018
Georgette Scott NCDEQ
Stormwater Section WILMINGTON RO
DEMLR - WiRO
Heather Coats, Assistant Major Permits Coordinator
�lNCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenroov
Fax: [phone] (Courier 04-16-33)
CAMA Application Review
Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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.
i
—��
DATED
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management MAR ` 0 1 2018
127 Cardinal Drive Et , Wilmington, NC 28405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
RECEIVED
FEB 2 8 2018
DOA
STATE PROPERTY
OFFICE
TO: Tim Walton
Dept of Administration
State Property Office
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dneaar
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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
rc fjppt°��u�
DATED -31
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ent., Wilmington, NC 28405
910-796-7215
RECEIVD
DCM VOLIMINGTEON, NC

Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
March 2, 2018
TO: Heather Coats
Assistant Major Permits Coordinator
FROM: Everette Moor"'
Real Property Agent
RE: CAMA Private Dock Construction Application Review
Applicant — Southport Waterfront Properties, LLC
20 Slip Commercial Docking Facility for public use
Machelle Sanders
Secretary
Tim Walton
Director
REPLY: The project will require a Submerged Land Easement provided that it is confirmed that the
applicant is a riparian fee owner and can qualify for a submerged lands easement. Please confirm that the
proposed construction is not located within the 1000' USACE AIWW easement area.
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I State Property Office
116 West Jones Street, Suite 4055 1 1321 Mail Service cit. I Raleigh, NC 27699 MAR 115 / (] l p
9198074650 TI Web:http://w .ncspo.com

�I-,(w k
Coastal Management
lNVIwe KNTAI ouwun
February 26, 2018
Received: 03/08/2018
State Historic Preservation Office
Renee Gledhill -Early
Dept of Cultural Resources
Archives 8 History
i1
ROY COOPER
MICHAEL S. REGAN
Sravan'
BRAXTON DAVIS
I1r w
ER 18-0456
Due -- 3/16/18
A �SUV`1/Uo'P
3-9 8
FROM Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext , Wilm., NC 28405 heather. coats0_ncdenraov
Fax: [phone] (Courier 04-16-33)
SUBJECT CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Costs at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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.
DATED 3 ` �q " IS
RECEIVED
MAR 19 ?01.
Counl MSYyrn�al DCM WILMINGTON, NC
Sum d Nar,h C'adma FnwmmxrY (j11t1Ny
27 CaemW J1 w W, Mbnoogimt W 39405 MAR 0 9 2018
41009M 7215

KuI
Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
ROY COOPER
Govemor
MICHAEL S. REGAN
Secrelary
BRAXTON DAVIS
Direclor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrpov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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.
SIGNE
v� � �2 O bi � t7 ✓I �7it � � S
DATED 2
Received
MAR 0 2 2018
State of North Carolina I Environmental Quality I Coastal Management DCM
127 Cardinal Drive Et, Wilmington, NC 28405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
TO:
David Harris
NC DOT
Roadside Environmental Unit
RECEIVED
MAR 0 9 2018
NC DOT
DISTRICT 3
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelnry
BRAXTON DAVIS
Dlrecrar
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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 U31 i�16
RECEIVED
DCM WILMINGTON, NC
MAR 16 201�
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

, -,Meow
P
Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
TO: Maria Dunn
NC Wildlife Resources Commission
For WiRO
ROY COOPER
Govemm
MICHAEL S. REGAN
Seaa ly
BRAXTON DAVIS
I)i mY
4
FEB 2018
RECEIVED
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wiim., NC 28405 heather. coatsgncdenroov
Fax: [phone] (Courier-0446-33)
SUBJECT: CAMA Application Review
Applicant: Southport Waterfront Properties, LLC (for Frying Pan Restaurant)
Project Location: 319 W Bay St., adjacent to the Cape Fear River, in Southport, Brunswick Co.
Proposed Project: to construct a 20-slip commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
„�,
return this form ib 4feijitj'star Goats at the address above by March 19, 2018. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] 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 I DATED I (o ' ),Die,
17-
RECEIVED
MAR 16 2018
StatcorNo hCmolmalEnvirmmentalQwfityICoastalMeneRemem DCM VVILMINGTON, NC
127 Cmdn.I1);,w F t , Wdmingum, NC. 2MO5
910.7957215

VINE. .
North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: March 16, 2018
SUBJECT: CAMA Dredge/Fill Permit Application for Southport Waterfront Properties, LLC
(Frying Pan Restaurant), Brunswick County, North Carolina
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 319 W. Bay
Street adjacent the Cape Fear River in Southport, NC. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act
(48 Stai 401, as amended; 16 U.S.C. 661 et soil).
The applicant proposes to construct a 20-slip commercial docking facility associated with the Frying Pan
Restaurant. The facility is proposed to only be used during restaurant hours and not for overnight
docking. Current water depths are stated to be between 2' and -I I' NLW for Slips 4-20 and between -1'
to -2' NLW for Slips 1-3. The Cape Fear River at this location is classified SC by the Environmental
Management Commission.
The NCWRC has reviewed the project proposal and has concern with several of the slips and their water
depths. Slips 1-7, 19, and 20 appear to have minimal water depths and likely would lead to hull scraping,
prop scow, and chronic bottom disturbance if constructed. We recommend the applicant consider
reconfiguring or reducing the number of slips to address this concern. Since the facility can moor greater
than 10 vessels, a marina management plan should also be developed that addresses docking, spills, what
spill control and clean-up equipment will be available, and minimally identifies whether a trained dock
master will monitor the area. This plan should also include the posting of information for boaters
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

including emergency numbers and facility contacts. Signage should be posted warning boaters of the
shallow depths at low tide.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.dunnit, ncwildlife. org
RECEIVED
MAR 16 2018
DCM WILMINGTON, NC

Coats, Heather
From: Weychert, Curtis R
Sent: Tuesday, April 10, 2018 8:21 AM
To: Coats, Heather
Subject: RE: Frying Pan Restaurant project revision
Heather, that is the same.document-I received and it satisfied all of my concerns and avoided them.
From: Coats, Heather
Sent: Wednesday, April 04, 2018 4:20 PM
To: Weychert, Curtis R <[e-mail]>
Subject: Frying Pan Restaurant project revision
Hey Curt,
Steve sent me the attached revised plan. He said he had consulted with you on it and you had approved this design.
Can you please confirm?
Thanks!
H.
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heath er. coats(cDncde n r. g ov
127 Cardinal Drive Extension
Wilmington, NC 28405
Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

CoasfalManagement
ENVIRONMENTAL GV4UTY'
February, 10, 2018`
TO:
Curt Weychert
Fisheries Resource Specialist
MHC-DCM
tt0Y; .G,QOIpa'R
ggrmot
MICHAEL. S. iREGAN
seandw
BXAXTON' DA'VI9
DINdar:
FROM_ s Heather _Coats, Assistant Major Permits, Coordinator
NCDER Division.of Coastal„Management.
127 Cardinal DriveExt ; W Irn - NC 28405'heatfiercoatsCa7iicdenr a"ovl
Fax: 8g5=396d (Go �r,04_Ma93
S,l1B,lECT: CAMA App'I(cation.,Revfe► ,'
:Applicant: thport Wa erfront P,ro ernes (forFrylrig Pan°Restaurant)
Pioject:Locadon< ' .319 W...Bay St.,, adjacenhto_the. Cape.Fearmver, in, Southport` Brunswick Co.
Proposed Projecti to construct°a:2o-slip commercial docking facility
or
!018. 1f,you have.+any
7964270 when eppropriate.
REPLY.' -This agency has ;no.objeciionto'the projed as proposed.
:"Addition. f co hments may be attached"
This agency has nwcomment on the proposed project.
.This agency approves ofthe project onlyif`the!recotnmended changes;
are incorporate& See attached.
This agency objects to the project for reasons _tledcribedin the attached.
comments: As Cu2¢e'pr'AR t&PoSec
SIGNED; ,' 'p EM
Received
MAR 6 8 2018 FCEJVED
®CM. HBI' 2i]18
_I
State ofNortii CYuolinn I EnvUonvieritol QuEty I Coastal Msriaorint _ Y
12.7 Cmdaialonva Exc: WikuRgtoo, Nc S4os ®C M M H D CITY
910-7964215. --' —

'CoastaGlNanbgement
ENWHONMENTAL,QUALITY.'
v, rox no --mr6L now in
7Q,. Heather Coats, DCM Assistant Major PerffixtColdrdirato.r
'FROMi! Curt. Weyc:hei1,,DQM Fisheries Resource Specialist
SUBJECT: SbiithportWati-rfrontPr4Ygeiiies LLC
DATE;; March Ii 2018
R OY
4i6 ' H; , ihL,S;4iGAN
BRAXrON. DAVIS
- - -- . - --ilr ,iisiF
.A North ' Cafblina�, Division of Coiistal.Mlifiligement (DCM) Fisheries Resource Spe , cialist1as .
roviewed,the ,CAMA, Major Permit applibaiion.f6i`proposea'ac'tions'that'nn�pddt fishandfish habitats.
The applicant isiproposllig,AQ construct a - I
26�sliP - the publicI .toaccess the
Fryirl&Pau'Restauraaduring open hours... Drawings wiihin the application. show that 2boat slips will'.
be located'in depths ranging from -+31"to 4-11 at-MLW. The application states -that there will be
several fixedfinger piers extending off fixed piers. The.proiject is along the.AIWW- in
9 ng waters.
classified SC By the Division of Water Resouidesi.
This officehas concerns with locating formalized boatingAips in areas with 'insufficient water 'depth:
In an area which experiences largeAidal amplitudes and heavy recreational and commercial boating,
aldtilvity.,with associated wakes; the concern for , vessels , Is , impacting. , bottom habitat I I is elevated;,
Constant interaction with;vessels,eftid'die.:substratc,,,c.ould degrade the filuctict n ofthe
tW. habitaVand'.
resources; create areas of" increased-dep6 and resulf-in water quality concerns, Shallow softbotwm is
an-limportantfibragi-ng habitafforJuverifle: and.adult fish and invertebrates; and aids in storing and
cyclih of sediment, nutrients; and.toxins between the bottom and water:column. Soft bottom habitat
is used to some extent by most native coastatfishspecies in North Carolina. Thehabitatis
particularly productive and, by providing refuge fforff predators, is - an . impo I rtant nursery area.,
Species dependent on shallow soft bottom include clams, crabs; flounder, spot, Atlantic croaker, sea
mullet, and rays (pe;ktortet al. 20, )., M44y-bentlik.predators are highly associated with the shallow
soft bottoirt habitit,.indludifig flounders,4ealt:fisb, red drum, sturgeon, and'coastalsbarksi although,
-alinbsfall'Ash will forage dti,micrbAlp6, infauna:,,dr dpiflitura on the 9oftbotforn.
Based' on the currentplans, dips 1-7i 19; and,2_0 ar.e.lopatedin areas of insufficient water depth. This,
office objects to the.prpjqqt as currentlyproposed. This office-recomrnends,reconfigtiiing the, facility -Y
for achieve water'd.epths deeper than Z at MLW.16r any formalized slips, or removing the proposed,
slips mentioned.
oned. above: If . the docking facility . can be recorlfigurcd:to:avoid the aforementioned
,habitat and -resource concerns, the,objecticin would be removed.
ContactCurtC.urf Wevcheft, at (252); W,Z84'9*211 or C­ur-N,ey-chIert&—ne-denIr.g—ov with further.
questions or concerns. Received
MAR 0 8 2018
State ofNWCarolina ranvimnumuual Quality lCoastal Managuncnl- —
400 Cciunm:rca Av;cfim I Monchead City, NC,28557
M2487'28081 1 -2477333l . (15n) DCM

DIEPAW MiM, OF THEARMY
PAM, NOTIPRIMI&I"WWWO M W EMI MEEM
A041 f 0. 261t,
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AcAiOJD't Godoal P000-qix- t4780-00$
Southport Wilieifi pruperaas,,.Uc
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675ZGM'd4DRR0W
I*row fi cqprdutaa�psl A�Ah lha Xpit Co'oistia Diyisian of Coutal Mmagwnenf, and on hehalf of
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.authorNes ffimuaiirtenanpe sE air, construcfibn md`lnstaltatfowof�piw, db&s.-bokthbuses MW,I,,br*t
thicbm. moman"'godmoo le W400 oftgUmtted *,tcq
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GP 56 rozldildow Receive,
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Applicant:
Type (check all thatamn3rt
Division of Coastal Management
Application Process_L, Notes
'fi I�GtiG/YVO�t J " h,�,S LL L
NEW MAJOR MOP M MOP RENEWAL,_TRANSFER_
Permit Coordinator:—
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NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Cape Fear River
Fee:S400 #49367
CDAITS MHC cc
Applicant: Southport
Project Name: Frying Pan Restaurant Rover File n/a River Basin: Cape Fear
Initial date of application submittal: 2-1-18
Date application "received as complete" in the Field office:
Permit Authorization XCAMA ❑ Dredge & Fill []Both
SITE DESCRIPTIONIPERMIT INFORMATION
ORW QYes ! QNo PNA: QYes �[JNo
'1
Photos Taken: Yes �l NoU
Setback Hegwreo (riparian): ptres Urvo
------ ---
Critical Habitat: (QYesjNo ❑Not Sure
15 foot waiver obtained: []Yes No
_.._...- .. -... __-_._.
Hazard N tification Returned:
❑Yes �No
SAV. []Yes No QNot Sure
!Shell Bottom: ❑Yes No ❑Not
Sure
Temporary Impacts. []Yes No
I Sandbags. ❑Yes--VNo Not Sure
!
(Did the land use classificati come
from county LUP-. Yes RNo
Q
Mitigatign,Required (optional) :
❑Yes No `
—
Moratorium Conditions
!
No ❑NA
Environ ntal Assessment Done:
I []Yes�No ❑NA
Length„�of ShoFrT ine:
I
i
Shellfish Area nation
Open or- Closed)
Project Description. (code)
`.' ��
Development Area: (code)
y/
1
SECONDARY WATER CLASSIFICATION -
OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
I El Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
❑ High Quality Waters (HOW)
Outstanding Resource Waters (ORM
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) iEl (SS) Glasswort ( Salicomia sp- p
i wetlands)
❑ (CJ) Saw grass (Cladium lamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina
altemiflora) cynosuroides) !!
❑ (DS) Salt or spike grass (Dis6chlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.)
spicata) sp.)
❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina
roemenanus) j patens) !,
APPLICATION FEE
EI No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre, 3490 Q III(D) Priv. public or comm w/ D&F to t
can be applied - $250 1 acre, 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major X IV Any development involving D&F of
permit - $100 permit - $250 more than 1 acre - S475
Permit Transfer - $100 1 ❑ 10(B) Public or commercial w/ D&F to 1 Q Express Permit - $2000
acre. 3490 can be applied - $400
❑ Major development extension request - 14 II Public orcommercial/no dredge t
$100 and/or fill - $400
Q I. Private no dredge and/or fill - $250 ❑ III(C) Priv public or comm w /D&F to 1 -
acre. 3490 can be applied: DCM needs
DWQ agreement - S400

Southport Waterfront Properties, LLC
Date: 2-1-18
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
[Number
REPLACE
Activity Name
Choose
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
One
One
---— —
New Work
Maint ❑ I
Replace
❑ Y N
I K lD
New Work
Replace
New Work
Replace
Q t
Maint ❑
N
Awls
a• I
} New Work
J Maint ❑
Ely 4 N
QU ``t
4 X �(
��
New WoM
Replace
MaintEly
Y f�{N
New Work ❑
New
Replace
!
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
!
Maint ❑
❑ Y ❑ N
I�
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
im ad amount
tern im acts
amount
=ea
2 Z.
Dredge ❑
Fill ❑
Both ❑
Other
r
_
1d ;.,.. Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
!
Dredge ❑
Fill ❑
Both ❑
Other ❑
. -
.-.._—
l
ti Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
j
Dredge ❑_
Fill ❑
Both ❑_
Other ❑
',
I
i
Dredge ❑
Fill ❑
Both ❑
Other ❑
919-733.2293 :: 1.8884RC0AST a www,_nccoastalmanagement.net revised: 10/12106

Form DCM M A`
STRUCTURES
(Construction within Pubiic'Titist AreasL
Attach this form 6-Joint Application for CAMA Major Permit, Form DCM MP-1'. Be sure to complete all other sections of the Joint;
Application that relate to this proposed project. Please include all supplemental
Information'.—
_ _.„ m ...
1. DOCKING FACILITY/MARINA CHARACTERISTICS I ' ❑This section not applroable' I
a, (i)-is the docking fkilityfmarina: b; (i) Will the facility he open to the general public?,
.®Commercial ❑Public/dovernment ❑Private/Community, ®Yes_ [IN
c.l (i}Dock(sj aan_rl/orpier(s)
(ii) Number_.
2
(iii)Length
(Iv) Width
6y'4';
(v�Floatipg
❑Yes; ®Nor
ea (i) Are Platforms included? ❑Yes. ®No.
If yes:
(ii).Number -
(iii)Lengihi —
(ig) Width!
(4)Floating ❑Yes; ❑No;
Note?.. Rooied arees are calciulafed from of iptine:dimensions.,
_ga (i) Numtier.of slips proposed!
8:
(ii),Number of slips.existing'
I5 Check the; proposed{ype of siting;,
❑,Land cut-andaccesschannela
❑Open water., -dredging for basin and/or channel
®Open.water; no dredging required
[]Other; pleasedescribe'
d (i) Are Finger Plers included?. ®Yes/ ❑Noi
If 'yes:
(li) Number 41
(iii)_Lengtha d0'�
(iv) Widt' 33559
(v) Floating' ❑Yes„ ®No.
f, (i) Are BoatliRs in8luded7 Dyes, ®Noi
If yes:-
(ii)'Num6er
(liij Lengttil
(iv) Width
It Check all the typesOfservices to be provided
Full service; including travel lift andfor, rail,repaic6i
maintenance service
❑Dockage; fual,.and;marine supplies
® DockageL("wet slips`) only number of sills: 8
❑ Drystorage{`number of boats r_,
El Boat rarnp(s)_ number.of boat ramps;
❑ Other, please describe!
r
j, Describe the lyplcal boats to be served (e.g open runabout!
charter boats, sail boats, mixed types)..
k, Typical boat length:_ mixed. f- (i) Will the facility be open to the general public?
.., Typical ®Yes _ _ ❑N'o..
i in, (i) Will the facilityhave,tie,pilings?' mayi
❑Yes, ONO -.,Received
(i) If yes -number -of he pilings?_
APR 1 Q Z811
;2oz ace 2aoa 1=888-4aCOA5T _: A" nccoastalmar}enement:ue re,ised 42.?7i0S

'F2#. l`i3C';itri�l,jyi�.t� ilnrLtlir•E,ul �rxle 2'4`r ..j
2 DOCKING FAC/LITY/MARINA, OPERATIONS, i ®This section not applicab
Q the following sangary.facrllhes that will be included In the proposed project.,
1 Check' each of
❑ Office Toilets,i -
❑ Toilets, for patrons;Numbec' Location;
❑ Showers---
❑'Boatholdirig tank punipoul; Give typa:and location
6i Describe treatmenflype and ifisposal'location for ail'sanitaiy wastewater`,
c: Describe the disposal afsolid waste, Flsh offal and trsli;.
d; How will overboard discharge of ewage from boats be controlled?
e -(i) Give the location and number WlSlo Sewage Disc harge'-signs proposed,
(li) Give the location and number of-'Fumpout dvailabie" signs proposed;'
,f:. Describe the special'deslgn d applicable, for containing industrial typepolluiants; such as paint; sandblasting waste and petroleum products'. i
g. Where will -residue from vessel maintenance -he disposed.of?,
k Give the number of channel markers and;'No Wake" -signs proposed.- �
Ii -Give the location of fuel -handling facilities, and dascribe the safety measures planned to protect area water quality::
j; Whal will be the.mariria policy o -m emight _and live aboard dockage?
k.,
Is if this project is an expansion of an existing marina, what types of services are currently provided.)
_ _ Received
_ APR 10 2018
m,. Is the marina/docking facility proposed within a primary or secondary nursery areal
[-']Yes []No DCM
�; 25`.=-a08-7.l304 ,1,.$A3-4.RGt1A5T-;: �v ,vN nr:co� talmanag�rne Tt:n� ref�rrf. �f2r2Ti0&I

(Py rvctrs qs' f7olo .� bk'�47
tY Is the: madnaldockingfacility proposedwithinoradjacenttoany shellfish,harvestingarea7•
❑Yes ❑No
of Is the in facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottomj
-' -- (SB), or other wetlands (WL)?, If any boxes are checked, provide the number of square feet affected,; - - - -' - --
I ❑CW ❑SAV- ❑S13 ,
❑WL" ❑None
I
p;_ Is the proposed marinaldoeking facility located wi&A—orwithin close proximity to any shetifish leases?- [3_Yes.i ON_o
If yes;,give tlie;name, and addressbf the-leaseholder(s);-and-give' the proximity to,the lease;
3. BOATHOUSE (including covered lifts) ®This section not applicable
❑Commercial❑Public'Government' ❑Private7Community'.
((I) Number-
(iii),Length _
(iv)'Width, _r
Note. Roofed areas are calculated from'dripline dimensions„ .
[4. GROIN (e.g., wood, sheetpile, etc. 1%e rock groin, use MP-2, Excavation and Fill.) ®This section not- applicabfe ;l
.. e. (i) Number — — —_ - — --- - --- — --- —
,(ii) Length
(iii) Width:
S. BREAKWATER (e g wood, sheetpile etc) ®Thrs section not applicable
u
a. Length lb., Average distancetrom NHW. NWL, or wetlands,
c: Maximum distance beyond NHW, NWL or wetlands
6 MOORING PILINGS -and BUOYS U
a, .Is the structure(s).
❑Commer.ialj ❑PubadGovernment ❑Private/Community
q.; Distance to be placed. beyond shoreline _
!Vote:' This should be measured from marsh edge, if present'
a:, Arc of the swing'
®This section not applicable
b,,, Number
d.., Description of buoy -(color, inscription, size, anchor, etc.),
Received
7 GENERAt APR 0 2018 '
, a
DCM
252.808-2803Se888-4R"DAST ,: www nccaastafrnanaaPment.n�t, .rev is;ud 12 t,666

Form` D1Cffli NAP-4 ,(5trucfwrey, Paye;u' oj'cl)
NO
a;' Proximity of structpre(s) to adjacent riparian propsrty,jines,
15' to east, 15' to west 1
Nota•- For buoy or mooring-piling,"use arc of swing mcludfrig length;
ofvessel.'
c; VVidth of water body
9000'_+,;
e, (1), Will navigational aids be required as,a resuRpf the' project?,
❑Yes- ®No:❑NA
(ii)If yes,,explain what type and .Fiow they will be implemented -
bf, Proximity of strpcture(g) to"adjacent docking faciidiesy
78' to east; 13' to west
d Vileterdepth at waterward'end of structure at NLW or NWL
t'-10' mlw.
is ..gymH.... ._�,—T. 7
❑This section not applicable "
8. OTHER
.-. —
a. Give complete desciiotlon:,
Docks will be available to the patrons of Frying Pan`Restaurantarriving and departing by boat. All temporary tie-up: .
Project Name " ..
Southport Waterfront Properties.LLC, r!_'
Applicant Signature
a
Received
APR 1'0 1018
DCM
,252-AQ8-,280$ ;; 1-888-AftCOAST-;i www hceoastalma rr omeiif n r`evised512127106,

pgczc=�
ADJACENT AIPAR!8N :PRdPEitTYFSLNO'�R':UATEMENT,
pr6posif,
to this
,See 'aft attached applic
ation j i6hpaokq fgures
j 'd ".-tJack-"#ament.,
ov!shtb%Wbiivdth6�1 5'set
f do
I
6b`fw'i'sh`-to-.'waive the' 15,'-setb&k-reLqWrerT(6ht,
*Valid for one calend-w year aftersidnat4e,
act*4§oq
Ip ,v
,CsI\JsD
MAR 19 10%
GVAWI MIt4l3mTOtAst4o
tioafhouse,, 6ft1 or groin;
ccess unless oy,
lank- beiow:);
(RoviSedAug'. 2014):

Major
Project Name: �r (;y� kv\ County � �K- Check No & Amount: P ��
DCM % DWQ %
Development Type Fee 1 (14300160143510009316256253) 1 (2430016024351000952341)
,I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or open water
$250 1 100% ($250)
Public or commercial development that
es not involve the filling or excavation
any wetlands or open water areas: $40 100%
For development that involves the
ig and/or excavation of up to 1 acre of
(lands and/or open water areas,
ermine if A,B, C, or D below applies:
4). Private, non-commercial
relopment, if General Water Quality
rtification No. 4144 (See attached) can
applied $250 100% ($250)
III(B). Public or commercial development,
if General Water Quality Certification No.
0% ($0)
0%
0% ($0)
144 (See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 4144 (see attached)
'
could be applied, but DCM staff
determined that additional review and
- ..
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
$400
60% ($240)
40% ($160)
III(D). If General Water Quality
Certification No. 4144 (see attached)
-'
cannot be applied
$400
60% ($240)
40% ($160)
. Development that involves the filling
d/orexcavation of more than one acre
wetlands and/or open water areas: $475 60%

Date
Date
Check From
Name of
Vendor
Check
Check
Permit Number
NOTES
Received
Deposit
(Name)
Permit Holder
Number
amount
ed
2/1/2018
Land
Southport
First
49367
$400.00
major fee, 319
BS ret.
Management
Waterfront
Bank
W. Bay St.,
5781D
Group
Properties LLC
Southport BrCo
~
0
LU
U
o
>
N
ee,,!!
a v
LJ

N�
Coastal Management
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL. S. REGAN
Secretary
February 22, 2018
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice Combo in Brunswick County:
• Ron Talbott
• Southport Waterfront Properties, LLC
Hello Angie: Please publish the attached Notice in the Monday, February 26, 2018 issue
BRAXTON DAVIS
Director
The State Office of Budget & Management requires an original Affidavit of Publication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by
credit card to the attention of Tanya Wright, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Wilmington office.
cc:
Heather Coats - WiRO
Doug Huggett - MHC
Liz Hair - USACE
Sarah Young- DCM
Sincere
rely,,
Shaun K. Simpson
Permitting Support & ACustomer Assistance
RECEIVED
FFB 2 7 2018
State of Nosh Carolina I Environmental Quality I Coastal Management DC"- I V Y 1 l V CITY
127 Cardinal Dnve Ext., Wilmington, NC 29405
910496-7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following applications were submitted for development permits in
Brunswick County Areas of Environmental Concern as designated under the CAMA: On
February 15, 2018, Ron Talbott proposed to install a new bulkhead at 116 SE 6th Street,
adjacent to Davis Canal, in Oak Island; and on February 20 2018, Southport Waterfront
Properties, LLC proposed to construct a docking facility for Frying Pan Restaurant, at 319
W. Bay Street, adjacent to the Cape Fear River, in Southport Copies of these applications
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 March 19, 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.
RECEIVED
FFH272018
State of North Carolina ] Environmental QualityI Coastal Management DCM- MHD CITY
127 Cardinal Drive Eat., Wilmington, NC 28405
910-796-7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Southport Waterfront Properties, LLC c/o Greg Finch (LMG, Inc.)
PROJECT NAME: Frying Pan Restaurant Dock
2. LOCATION OF PROJECT SITE: 319 W. Bay St., adjacent to the Cape Fear River, in Southport, Brunswick
County.
Photo Index - 2006: 10-6108, T-18 Latitude: 33°54'56.79"N Longitude: 78*01'21.22"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/21/2018
Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 2/1/2018, Complete 2/20/18
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — City of Southport
Land Classification From LUP — CBD/Mixed Use
(B) AEC(s) Involved: EW, PTA, EW, CW
(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, parking lot, remnant pilings
Planned — 20-slip commercial docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA1
DREDGED FLLE—D OTHER
(A) Vegetated Wetlands (Coastal Wetlands)
(B) Non -Vegetated Wetlands
en water
3,196 ftz
(incorporated)
(C) Other (Highground) Disposal Site
(D) Total Area Disturbed: —3,196 ft (0.073 acres)
(E) Primary Nursery Area: No
(F) Water Classification: "SC" Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 20-slip commercial docking facility.
RECEIVED
FEB 2 7 2018
DCM- MHD CITY

Southport Waterfront Properties, LLC c/o Greg Finch (LMG, Inc.)
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 319 West Bay Street, adjacent to the Cape Fear River, 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 the property will be located on the left at
the intersection of West Bay Street and Yacht Basin Drive.
The project site consists of four adjacent parcels with a total area of approximately 0.68 acres and consists of an
existing restaurant and gravel/dirt parking area. West Bay Street lies to the north of the property and Yacht Basin
Drive lies to the West. The adjacent property to the east is currently used as an overflow parking area and has a 3-
slip private docking facility that lies 2 P from the property line. To the south of the property is the Cape Fear River
and remnant pilings from a previous docking facility. The application states that project site has approximately 110
linear feet of shoreline frontage and averages 6' above the Normal Water Level. The area waterward of Frying Pan
Restaurant contains highground vegetation consisting of ornamental palm trees, a wax myrtle (Myrica cerifera),
and a few woody shrubs. The property also contains a patch of high coastal marsh vegetation consisting of Common
Reed (Phragmites australis), Salt Meadow Hay (Spartina patens), and Spikegrass (Distichlis spicata)._There is also
a berm between the marsh area and NHW that consists of Sea Oats (Uniola paniculata) and Goldenrod (Solidago
sempervirens). Flooding of the marsh seems to originate from the properties immediately to the east.
The project site was previously the location of the American Fish Company owned by Charles H. Perry and
contained a dock and fish house operating back to before the 1980's. To the west side of the property adjacent to
where Yacht Basin Drive is currently was a railway that lead to a commercial boat slip that was originally used for
boat repairs. In 1981, state permit #26-81 authorized access dredging to convert the old boat repair rail in to an
access channel for offloading and shipping wholesale fish and shellfish. The permit also included a new bulkhead
and new docking area and mooring pilings to improve fish unloading operations.
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 construct a 20-slip commercial docking facility for use by the public to access the
restaurant during open hours. The application states that the structure would consist of a fixed elevated pier
measuring 48' in length by 6' in width with a fixed finger pier measuring 68' in length and 4' in width located in
the middle of the 6' wide pier and running parallel to the AIW W heading east. Continuing from the end of the 6'
wide fixed access pier would be a fixed pier measuring 40' in length and 4' in width with an "L"-head pier
measuring 68' in length and 4' in width running parallel to the AIWW. The 68' by 4' fixed pier would also have
three 20' in length by 4' in width finger piers extending landward towards shore. According to Sheet 2 and 3 of
4, the current water depths at the proposed docking facility would range between 2' above NLW and -I 1' below
NLW. Slips 1-3 on the landward side of the 4' x 68' finger pier would have a water depth of -1' to 2' at NLW.
The applicant states that the docking facility will only operate during restaurant hours and will not be used for
overnight docking. Existing pilings would be removed prior to construction of the proposed docking facility.
RECEIVED
FEB 27 2018
DCM- MHD CITY

Southport Waterfront Properties, LLC c/o Greg Finch (LMG, Inc.)
Page 3
10. ANTICIPATED E%IPACTS:
The proposed docking facility construction would incorporate 3,196 ft of Estuarine Waters and Pubic Trust Area.
The application states that the proposed docking facility would accommodate up to 20 slips for mixed type vessels
averaging 20' in length. The proposed dock does not cross over any wetland vegetation to reach the Cape Fear
River. The proposed docking facility does not encroach on the 15' riparian corridor of the eastern adjacent riparian
property. A section of the pier measuring 6' in width and 32' in length does encroach on the 15' corridor of the
property to the west, however the applicant is a member of the LLC that owns the property. The proposed docking
facility does not encroach on the US Army Corps of Engineers Federal Channel setback. The proposed structures
would extend approximately 115' into a waterbody, which measures approximately 3,000' across (Cape Fear
River), thus meeting the '/. width distance rule. Minor increases in turbidity should be expected during construction.
As proposed, the use of slips 1 through 3 would be limited at low tide due to insufficient water depth. There is
potential for propeller kicking or beaching of boats in this area in attempts to dock or leave the docking facility. No
dredging is being requested in this application.
Submitted by: Brooks R. Surgan Date: 2/26/2018 Office: Wilmington
RECEIVED
FEB 2 7 2018
DCM- MHD CITY

3. DCM MP-1 Section 6.0 Additional Information
3.1 Section 6. a. Project Narrative
The Frying Pan Tower Restaurant is located at 319 W. Bay Street in Southport, North Carolina. The property is made up of
four adjacent parcels totaling approximately 0.68 acres along the Cape Fear River/Intracoastal Waterway (AIWW). Existing
features include the restaurant building, parking areas and dozens of pilings that remain from a former docking facility
under a previous marine business ownership.
The surface water classification here is SC and the waterfront is not mapped as a Primary Nursery Area (PNA). Neighboring
land uses include vacant property with a pier to the east and The American Fish Company to the west. The property is
zoned BD by the City of Southport.
The applicant/owner, Southport Waterfront Properties, LLC proposes the construction of a docking facility to serve as
temporary tie-up locations for patrons of the restaurant arriving and departing by boat. The facility will consist of an
elevated fixed pier and fingers configured to accommodate up to 20 vessels. The pier will originate on the sandy beach
dune area and extend out to the 80' AIWW channel setback. The eastern extent of the facility will terminate at the 15'
riparian setback and written permission from the owner of the American Fish Company will be obtained to slightly
encroach into the 15' riparian setback on the western side. No dredging is proposed.
RECEIVED
Application for Major Development Permit — January 2018 r r o 1 ' ` U "' RECEIVED
Frying Pan Restaurant DCM WILMINGTON. NC
Southport, Brunswick County, North Carolina DC Nfii _ M H D CITY
FA 01 2018

1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant(LanclownerInformation
Business Name
Project Name (if applicable)
Southport Waterfront Properties LLC
Frying Pan Restaurant
Applicant 1: First Name
MI
Last Name
Mark
Brisson
Applicant 2: First Name
MI
Last Name
ff additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
city
Slate
6752 Gordon Road
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28411
USA
910-443-3128
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
[e-mail]
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
[e-mail]; [e-mail]
Application for Major Development Permit — January 2018
Frying Pan Restaurant
Southport, Brunswick County, North Carolina
RGIi"I V LPJ
FEB 2 7 2018
DCM- MHD CITY'
RECEIVED
FEB 01 2018
NC

3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
319 W Bay Street
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
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 River
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.
Southport
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
—110 @ NHW
0.56 +/- acres
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
0.15, 0.13, 0.13, 0.16
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
6 ❑NHW or ®NWL
e.
Vegetation on tract
Native grasses and shrubs.
f.
Man-made features and uses now on tract
Frying Pan Tower Restaurant and associated gravel and concrete parking, walkways and decks.
g.
Identify and describe the existing land uses da laoent to the proposed project site.
Multifamily condos, restaurants, businesses and docking facilities.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
BD
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No []NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA
Register listed or eligible property?
RECEIVED
RECEIVED
_ PPR 7 9MR DCM WILMINGTON, NC
Application for Major Development Permit — January 2018 FEB Ot 70j8
Frying Pan Restaurant
Southport, Brunswick County, North Carolina DCM- MHD CITY 2

m. (i) 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.
None
5. Activities and Impacts
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.
The applicant proposes to construct a fixed pier, docks, and finger piers with room for 20 boat slips for restaurant patrons.
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.
Typical dock construction methods and equipment will be used.
d.
List all development activities you propose.
Construction of a fixed pier, dock and finger piers. No upland development is proposed.
e.
Are the proposed activities maintenance of an existing project, new work, or both? New
f.
What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No []NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
No new discharges.
i.
Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No []NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA
j.
Is there any mitigation proposed? ❑Yes ®No []NA
If yes, attach a mitigation proposal.
Application for Major Development Permit —January 2018
Frying Pan Restaurant
Southport, Brunswick County, North Carolina
RECEi a G® RECEIVED
DCM WILMINGTON. NC
DCM- MHD CITY
FEB 01 2M

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 property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any 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.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Yacht and Bay Holdings LLC Phone No. NA
Address 107 N Atlantic Ave, Southport NC 28461
Name The Covenant Land Group LLC Phone No. NA
Address 6752 Gordon Road, Wilmington NC 28409
Name Swenson, Paul M ET Maria F Phone No. NA
Address 107 N Atlantic Ave, Southport NC 28461
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
NA
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.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow
project will be subject to the conditions and restrictions contained in the permit.
application. The
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: 1/30/2018 Print Name: Greg Finch, Agent. Land Management Group. Inc.
Signature
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 —January 2018
Frying Pan Restaurant
Southport, Brunswick County, North Carolina
❑DCM MP-5 Bridges and Culverts
RECEIVED RECEIVED
DCM WILMINGTON, NC
Dt_ ivi- I'll CITY
FEB 01 2018

Coastal Management
ENVIRONMENTAL QUALITY
February 26, 2018
Land Management Group, Inc.
Go Greg Finch
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Dear Mr. Finch:
ROY COOPER
liovrrmn
MICHAEL S. REGAN
Avm(W'
BRAXTON DAVIS
fnrecmr
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Southport
Waterfront Properties, LLC , for State approval for development of the subject property located at 319 W. Bay Street,
adjacent to the Cape Fear River, in Southport, Brunswick County. It was received as complete on February 20, 2018
and appears to be adequate for processing at this time. The projected deadline for making a decision is May 6, 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 February 20, 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,
,6 -"14
Brooks Surgan
Field Representative
cc: Heather Coats, DCM Chad Coburn, DWR
Doug Hugged, MHC Wayne Strickland, City of Southport (LPO)
Liz Hair, COE
RECEIVED
FEB 2 7 2018
State of North Carolina I Environmental Quality I Comm] Management
127 Cardinal Driw Ext.. Wilmington, NC 29405 Df W M H D CITY
910-796-7215

N()T 1 (010 1 74A w n
---- V m
ww
w Ix
AMA PERMIT
IrAroW, .
ram=(t�!►A ,,w�=J►t�141 *�=LTIr=luii4i[iL-
Ca
101
COMMENTS ACCEPTED THROUGH ______March_-a_9,2048
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Sntjfhport waterfront Proparties. LLC NC Div. of Coastal Management
c/n Mark Rriscnn 127 Cardinal Dr. Extension
F752 Cnrdon Rnad Wilmington, NC 28405
Wilmington, NC 28411 1 Brooks Surgan, Field Representative
910-796-7270
Agent: Greg Finch [phone]

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Southport Waterfront Properties LLC
Mailing Address: 6752 Gordon Road
Wilmington, NC 28411
Phone Number: NA
Email Address: [e-mail]
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: construction of a fixed pier
and docks to support 20 open water wet slips
at my property located at 319 W Bay St, Southport, NC 28461
in Brunswick
County.
l 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
W-
'/-'rM5KW %M.. .t•
.• Name
30 / ?�Ik
Date
This certification is valid through 12 / 31 ! 2018 R E C E i V E D
FEB 2 7 2018
DCM WILM NIG ON. n
t-' MHD CITY
FEB 01 2018

�����.i.k C..ty, Register 334dP04850
This cerblies that mere are no delinquent ad
valorem Imes. tees, ag mmots or other
Ilene which the Brunswick County Tax ,r
H a on: a charged witNumber
c3cu that
and M. 20 f
Nan on: Parcel Number 3 %�
es nomled by the Brunswick County
AM860's Office. This Is not a cerb6cabon
that
t/h//e//parcel number matches the deed
description
1�-22-
Date lAsstl Tax Col. I W. Tax Spec.
Tax Lot No.
Verified by
By
After recording mail to: Grantee
Presets �
qTotal Rev Ia4
Ck $ Ck'W. Cash $ __
Refund. _ --Cann "a--Finance_—
❑Poniam oftlwemarv.are llle9iCle tlee to conaison WtU536
-. O'�M con!fins7ba 0,,"by�p(�
i . rx>gsleu� mrvuCu iaM.3ao� �r a,.�al.
Parcel Identifier No. 227LF001101, 237LF00902, 2171F!O` 1
2371,F0090/
_ County on the _day of .2012
the property being conveyed does not include the primary residence oiti[anlot
This instrument was prepared by: Nelson Mullins, 4140 Parklike Avenue, Suite 200, Raleigh, NC 27612
Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds.
Brief description for the Index:
Lots 1-4, Cape Fear Landing, Phase 1
NORTH CAROLINA QUITCLAIM (NON -WARRANTY) DEED
THIS DEED made this Z V 4ft day of October, 2012, by and between
SOUTHPORT WATERFRONT PROPERTIES, LLC (We
CAPE FEAR LANDING, LLC, a North Carolina Limited
Liability Company
6752 Gordon Road
Wilmington, NC 28411
and
CAPE FEAR LANDING DEVELOPMENT, LLC, a North
Carolina Limited Liability Company
95 South Lumina Ave., Unite 2H
Wrightsville Beach, NC 28422
SOUTHPORT WATERFRONT PROPERTIES, LLC, a
North Carolina Limited Liability Company
6752 Gordon Road
Wilmington, NC 28411
Enter inappropriate block for each party: name, address, and, If appropriate, character of entity, e.g., corporation or partnership.
RECEIVED
FEB 27 2018 RECEIVED
DCM WILMINGTON, NC
DC",,1- MdHD CITY FEB 01 2n

12-11-2012
Cl� MOP
The designation Grantor and Grutee 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.
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, release, remise and forever quitclaim unto the Grantee, all right, title and
interest of Grantor, if any, in and to that certain lot or parcel of land and the improvements located thereon situated N
DrunswickCounty, North Carolina and more particularly described on Exhibit A, attached hereto and made a part hereof (the
"Property,).
TO HAVE AND TO HOLD the Property in accordance herewith.
The Grantor makes no warranty, express or implied, as to title to the Property.
Title to the Property is subject to ad valorem taxes, and all easements, rights of ways and other restrictions and
encumbrances of record.
Southport Waterfront Properties, LLC Me Cape Fear Cape Fear Landing Developm LC
Landing, LLC
By:
By; Mark A. Drificiii
Mark A. Brisson
Its: Member/Manager
Its: Member/Manager
New kAAalnr County, North Carolina
I certify that the following person(s) personally appeared before me this day, and
I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification
with the principal's photograph in the farm of a
❑ A credible witness has swom to the identity of the prncipal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in
the capacity indicated:
�pN KRI^ FA
i O,AR
(official seal) per' IkX Y
u
My commission expires: 1 NAY —
RECEIVED
FEB 2 7 2018
RECEIVED
DCM WILMINGTON. NC
Dh:.MI- IVHD CITY
FEB 01 2018

The foregoing
Ccnificate(s) of
islere certified to be correct. This instrument and this certificate are duly registered at the date end time and in the Book
and Page shown on the first page hereof.
By
REGISTER OF DEEDS FOR
COUNTY
Deputy/Assistant — Register of Deeds
RECEIVED
RECEIVED
FEB 2 7 2018 DCM WILMINGTON, N('
DCM- MHD CITY FEB 01 2018

�3346tlP0489'°°
EXHIBIT A
LEGAL DESCRIPTION
BEING ALL OF LOTS 1, 2, 3, 4, CAPE FEAR LANDING, PHASE 1, AS THE SAME IS SHOWN ON THE PLAT
THEREOF, RECORDED IN MAP BOOK 33 PAGE 235 OF THE BRUNSWICK COUNTY REGISTRY,
REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
RECEIVED
FEB 2 7 2018 RECEIVED
DCM WILMING TON, Nr
DAM- MHD CITY rEB 0 1 2013

r
Er
m
ti
fU
0
0
a
0
7
C3
O
ul
a
d
N
.-.VED
U(Ai WILMINGTON, NC
FEB 2 3 2018
RECEIVE©
FEB 27 2018
DC" . MHD CITY

LMG
LAND MANAGEMENT GROUP me
Environmental Consultants
January 31, 2018
Yacht Basin Holdings LLC and
Swenson, Paul M ET and Maria F
107 N Atlantic Avenue
Southport, NC 28461
To Whom It May Concern:
Southport Waterfront Properties is applying for a CAMA Major permit for
development activity on its property located 319 W Bay St, Southport, NC 28461. 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:
Brooks5urgan
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 [e-mail]
Sincerely,
Greg Finch, Agent
Land Management Group, Inc.
Enclosures
RECEIVED
FEB 2 7 2018
DCM- MHD CITY
www.lmgroup.net • Phone: [phone] • Fax: [phone] RECEIVED
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, N"
FEB 01 2018

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LMG
LAND MANAGEMENT GROUPixc
Environmental Consultants
February 19, 2018
Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Brooks,
Per your letter dated February 8, 2018, please find enclosed updated application materials for the
Frying Pan Restaurant project. I can meet you anytime this week to discuss as suggested or am
available via phone.
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: Mark Brisson
RECt-IVED
DGM WILMINGTON, NC
FEB 2 0 2018
ECEIVE
FEB 1 ➢ 2018
www.lmgroup.net • Phone: [phone] • Fax: [phone] RECEIVED
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
FEB 2 7 2018
^1- N.IHD CITY

CoastalManagement
ENVIR NMQMTAL QUALITY
February 8, 2018
SENT VIA EMAIL
Greg Finch
c/o Land Management Group, Inc
3805 Wrightsville Avenue
Wilmington, North Carolina 28403
RE: CAMA Major Permit Application — Docking Facility
319 W. Bay St., Southport, in Brunswick County
Dear Mr. Finch:
ROY COOPER
t7menaa•
MICHAEL REGAN
seorewry
BRAXTON DAVIS
Dlredor
The Division of Coastal Management hereby acknowledges receipt of your application on
February 1, 2018, acting as agent for Southport Waterfront Properties, LLC, for the construction of a 20
slip docking facility located at 319 W. Bay St., 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 the 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 Wilmington Office at [phone].
Sincerely,
- z
Brooks Surgan
Field Representative
�r
Enclosures
cc: v'Debbie Wilson, DCM Wilmington
Doug Huggett, DCM Morehead City
Heather Coats, DCM Wilmington
9 7 2018
State of North Carolina I Environmental Quality I Coastal Management ' • ri •'� p CITY
127 Cardinal Drive Eat. Wilmington NC 28405 a-' I �' 1 "' i v u
910 796 7215 T

CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR
PROCESSING APPLICATION
MP-1 FORM
• 5_a. — project use does not match project used indicated on MP4 1(axi)
MP-4 FORM
• 1(b)(i) and 1(I)(i) — Indicate whether the docking facility is open to the public.
• 2. — Complete this section.
WORKPLAN DRAWINGS
• Provide the location of Coastal Wetlands.
• Provide the width of the '"A width of the water body and total width of waterbody.
• Label the lot owner on the workplan drawings.
• Provide the date, time, and datum for NEW measurements.
RECEIVED
FEB 27.2018REr"---'71D
DOIril- MHD CITY - i
State of North Carolina I Environmental Quality I Coastal Management D C i , _ , 1 T I
127 Cardinal Drive Ext. Wilmington NC 29405
910 796 7215 T

LMG
LAND MANAGEMENT GROUP mc.
Environmental Consultants
January 30, 2018
Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Brooks,
Please find enclosed an Application for Major Development and $400 fee check for the Frying Pan
Restaurant project in Southport, Brunswick County. Adjacent riparian land owner notifications have
been sent by certified mail, return receipts will be forwarded once received.
Please let me know if you have questions or need anything in addition to accept the application as
complete.
Sincerely,
r
Greg Finch
Land Management Group, Inc.
Enclosures: As stated
Cc: Mark Brisson
DECEIVED
FEB 2 7 2018
DCM- MHD CITY
RECEIVED
viww.lmgroup.net •Phone: [phone] •Fax: [phone] DCM WILMINGTON, NC
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 FEB 01 2018

Application for CAMA Major Development
Permit
For:
Frying Pan Restaurant
Southport, Brunswick County, North Carolina
Prepared By:
Land Management Group, Inc.
3805 Wrightsville Avenue
Wilmington, North Carolina RECEIVE®
January 2018
FEB 2 7.2018
DCM- MHD -ATY
RECEIVED
DCM WILMINGTON. NC
FEB 01 2018

Contents
1. Form DCM-MP-1...................................................................................................................................1
2. Form DCM MP-4...................................................................................................................................5
3. DCM MP-1 Section 6.0 Additional Information.................................................................................... 9
3.1 Section 6. a. Project Narrative......................................................................................................9
Appendices
Appendix A -Site Location Map and Work Plats
Appendix B-Deed, Agent Authorization and Adjacent Riparian Owner Notifications
RECEIVED
FEB 2 7 2018
DCM- MHD C. s-Y
RECEIVED
Application for Major Development Permit - January 2018 DCM WILMINGTON. NC
Frying Pan Restaurant
Southport, Brunswick County, North Carolina FEB o j pal$

I
I
r• A
`-------s----- 1 _---f _
-- --- - - - - - - - -
'5
0 ir..--
611
\\ EC • /DECK /I - I •�- • --, I •; '
I i 68"
DES — --- -" - - ------ '
19.5'
\ / DECK
19,
_-- -- 5 .6 19 I All Existing Pilings within
1 aye''- r - �� 7 $ _d----' 1ti Riparian Corridor to be
\ I 1' — — — Removed.
---
J
11 Qi I USACE Navigation Channel Setback
I 1 I
Received
\ I
APR 10 2O10
DCM
LegendNo I Pmjeat: Date: Revision Date:
�
Job NNnber.
1. WATER DEPTHS TAKEN OCTOBER 2008, RELATIVE TO MLW AND APPROXIMATE. TT*��n Frying Pan Restaurant 1/30/18 3/22/18
Subject Parcel Boundary --•--•-- — --- 2. THERE ARE NO COASTAL WETLANDS NEAR THE PROPOSED PIER. L1Y1G sae:
SA2mmr�NAcvaas�?@ovPc� ,';- r=zo oats-252
MHW Line - •- - •- - - - 3. THERE IS NO UPLAND DEVELOPMENT PROPOSED. &ry onmanmlcanmctrua s nue:
4. NOT A SURVEYED OR ENGINEERED DRAWING. - Saws wrghL^vlllenverme;. sWirrhmn. Nix— ane 15 Plan View Dre By. Sheet Number.
5. FOR ENVIRONMENTAL PERMITTING ONLY. g O Telephone:[phone] Detail GSF 2of4
4
L\CAMAMIS CAMA R1 ES102-06252 — F,ina Pan Taws[ Mark BrissoMWaos,Frvino Pan tev 3-23-1a.tlwp

2. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina.
®Commercial ❑PublicJGovernment ❑Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number
4
(iii) Length
48% 68'. 40' 68'
(iv) Width
6'. 4', 4'. 4'
(v) Floating
[]Yes ®No
e. (i) Are Platforms included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes []No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
20
(ii) Number of slips existing
0
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: 29
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
12. DOCKING FACILITY/MARINA OPERATIONS
Application for Major Development Permit —January 2018
Frying Pan Restaurant
Southport, Brunswick County, North Carolina
❑This section not applicable
b. (i) Will the facility be open to the general public?
®Yes []No During restaurant hours
d. (i) Are Finger Piers included? ®Yes []No
If yes:
(ii) Number 3
(iii) Length 20
(iv) Width 4
(v) Floating ❑Yes ®No
f. (i) Are Boatlifts included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. 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
® Dockage ("wet slips') only, number of slips: 20
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
Mixed types
I. (i) Will the facility be open to the general public?
®Yes ❑No During restaurant hours.
RECEIVE®
FER 2 7 2018
Zvi
5
FEB 2 0 2018

a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
® Toilets for patrons; Number: 2 at restaurant
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
Municipal
c. Describe the disposal of solid waste, fish offal and trash.
Municipal
d. How will overboard discharge of sewage from boats be controlled?
No overboard discharge sign and policy
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
One at end of pier
(ii) Give the location and number of "Pumpout Available" signs proposed.
None. Temporary tie-up slips for restaurant patrons only. Pumpout available nearby at Southport Marina.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
NA
g. Where will residue from vessel maintenance be disposed of?
NA
h. Give the number of channel markers and "No Wake" signs proposed.
None
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
None
j. What will be the marina policy on overnight and live -aboard dockage?
No overnight or live -aboard dockage.
k. Describe design measures that promote boat basin gushing?
NA
I. If this project is an expansion of an existing marina, what types of services are currently provided?
NA
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 marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL _ ®None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®T�ii� k tnntn I' dry Jj
a. (i) Is the boathouse structure(s): nn�Tna
❑Commercial ❑Public/Govemment ❑Private/Community C k
B 2 0 2018
(ii) Number R E C E I
Application for Major Development Permit —January 2018 FEB 2
Frying Pan Restaurant
Southport, Brunswick County, North Carolina
DCM- NlHD Cll'(
A

(III) Length
(iv) Width
Note: Roofed areas are calculated from ddpme dimensions.
4. GROIN (e.g., wood, sheelpble, etc. If a rock groin, use Mi Excavation and Fill.) 0This section not applicable
a. (i) Number
(ii) Length
(iii) Width
& BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS 0This section not applicable
a. Is the structure(s)�
❑Commercial ❑PublictGovernment ❑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
12' on western side, greater than 15' on eastern side.
Note: For buoy or mooring piling, use am of swing including length
ofvessel.
c. Width of water body
3.000+'
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 —January 2018
Frying Pan Restaurant
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.
21' on western side, 82' on eastern side.
d. Water depth at waterward end of structure at NLW or NWL
--10, MLW
IV
RECEIVED
DCM WILMINGTON, NC
D0 2018
DCM- MHD CVrY

& OTHER ®This section not applicable
a. Give complete description:
1/30/2018
u:,a
Frying Pan Restaurant
Project Namc
Southport Waterfront Properties LLC
Applicant Name
'-, n , Agent, Land Management Group, Inc.
Applicant Signature
VOID
RECEIVED
REeEIVED
Application for Major Development Permit —January 2018 DCM WILMINGTON, NC
Frying Pan Restaurant FEB 2 7 2018
Southport, Brunswick County, North Carolina FkB 0 1 2018
Dr"l- MIND CITY

111 1 BAY STREET ��t RIWi -- - —
13e13a i0 Cp5wPLL AV
1 — a a1'2a,, E
\
Existing Adjacent Deck
USACE Navigation Channel
Subject Parcel Boundary
MHW Line
O 1
N ®
1'
Existing Concrete and Gravl
l
$ © IGN 1
®1 Parking
nl1
m G 1
OOP
1
SIGN 1
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®1 ®� Existing Building and e
1
1 1
(Frying Pan Restaura t)
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15 � "011 ENC1' a O
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107 N Atlantic Ave
E
Flagged by LMG on
Southport, NC 2
1 �. 11 Vadrt Basin Holdings LLC
1 7 , 101NAtNntic Ave
A.
j5 AEC `rl 1 Soulhpwt, NC 28461
Covenant Lan l Group LL
1
6752 Gordon Road
Wlmington, NC 28411 Southport
WeteRront Prop` ws LLC 1 l
1
6752 on Road ,
1 Wlmington, PIC 2B41 1
36
Covenant Lard Group ILL
, ��•�---
6752 Gordon Roatl
Wlmingion, NC 2B911
— I
E
Land! Group LLC
52 Gordon Road
ngton, NC 28411
II n • II• /
I
I Wetland Line
December 13, 2017
PROPOSED DOCKING FACILITY
IJ
to
I I to USACE Navigation Channel Setback
�a
1s I
I �-15•
AUgatic Intracoastal
Rryy to ItiW . c Zap
Legend NOTES:
1. NOT A SURVEYED OR ENGINEERED DRAWING.
2. FOR ENVIRONMENTAL PERMITTING ONLY.
3. WATERBODY WIDTH IS OVER 3,000 FEET, } WATER BODY WIDTH NOT SHOWN.
LMG
LAND MANAGEMENT GROUP mc.
Environmental Consultants
Post Office Box 2522
Hwy 133
Hwy 87
Site
Hwy 211
VOID
RE0r:1VED
RECEIVED OCNI WILMINGTON,
FFB 2 7 2018 FEB 2 0 2018
Frying Pa" astaurant
Scale: Jol, Number:
V=50. 02-16-252
e:
Site LOCatlon Drawn By: Sheet Number:
and Plan View GSF 1 of 4

•
•
Legend
K �/ DEC ///
Subject Parcel Boundary --•--•--•--•—
MHW Line
1
I
t
I
I
t
I
I
I
,-----1-=--------
,_- 68' _-- • I •�
— i- 4'
- ---__I•- -5
+ — — — — — — ----- -7
—10
� 1 68' 1 19, I All Existing Pilings within
}---- ,ti Riparian Corridor to be
_ Removed.
— I ,-I' I 4' I
J
'C3 I
I I
I I ',, I IJ USACE Navigation Channel Setback
I I ucoo WILMINGTON, NC
I I I 10 FEB 232018
t. WATER DEPTHS TAKEN OCTOBER 2008, RELATIVE TO MLW AND APPROXIMATE.
2. THERE ARE NO COASTAL WETLANDS NEAR THE PROPOSED PIER.
3. THERE IS NO UPLAND DEVELOPMENT PROPOSED.
4. NOT A SURVEYED OR ENGINEERED DRAWING. 0�
5. FOR ENVIRONMENTAL PERMITTING ONLY.
LMG
Frying Pan Restaurant
1/30/18 FL
l 1 ZINO/ti
B��'
Job Number
LAND MANAGEMENT GROUP.
Environmental Consultants
Pon Ol. Box 2522
Irru Ion NOMCmitolina 26402
r•=zo�
riz-t§-?
Title
Plan Yew
Detail
Drawn BY:
GSF
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ECK
DECK
h
qw

01
xi
I
�z
\
\
\ \
Ramp or Stairs
10 (Landing Per Contractor)
_ 10
48' x 6' Fixed Pier
8
40' x 4' Fixed Pier
8
4 ---- ----------------- ------------------- - ------------------ -------------------
------------------- - ---------------- ------------------
-----'�'"-L"------ 4---
Pilings perContrad
2
3 Q (Sze, Spacing; Depth - - -- -
-- -----------------------
-----— u\w __Q _
g-
2
_
_2
Approximate 16ng Grade
-4
0+o0 0+10 _ 0120 0+130 0+140 0+150 n
0160 0+�o n 0180 n
0+190
Q
NOTES:
1. WATER DEPTHS ARE RELATIVE TO MLW AND APPROXIMATE.
% EC %_ 1 V E D
2. THERE ARE NO COASTAL WETLANDS NEAR THE PROPOSED PIER.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
R El E IV E�'''j WILMINGTON, NC
4. TYPICAL PROFILE. FOR ENVIRONMENTAL PERMITTING ONLY.
FEB 2 O 2018
FEB 27 2018
LMG
Projed: Date: Revision Date:
Frying Papj2�,yjry 1 0 2/19118
�J��y� 1, Job Number:
LAND MANAGPbffiNT GROUP ar.
1"=20' 02-16-252
Title.
Q
Environmental Consultants
Posl Office Sax 2522
0
Profile A Drawn BY: Sheet Number:
Wl on NaM a i 26402
GSF 4 of 4
Telephone: [phone]
Telephone:
L:\CAMA\2016 CAMA FILES102-16-252 -- Frying Pan Tower, Mark Bdsson\Fying Pan.dwg