22-22 Bake Bottle & Brew

Permit Class PemutNumber
NEW 2Z-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
.errnit
for
X Major Development in an Area of Environmental Concern
pursuam to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to John and Debra Harnaddewiez,147 Front St Swansboro, NC 28584
Authorizing.development in Onslow County at adi to the While Oak River, at 147 Front
Street, in Swansboro as requested in the pemrittee's application dated 11/16/21,
including attached workplan drawings (2) Existing dated 11/13/21 and 1 of 1 dated "Revised 11/14/21".
This permit, issued on March 9, 2022 is subject to compliance with the application (where
rnnsistent with the nermit). all anplicable reRWations, special conditions and notes set forth below. Any violation
)f these terms may be subject to fines, imprisonment or civil action, or may cause the permit to be nun ana vora.
Marina Expansion within Urban Waterfront
1) This permit authorizes only the docks, piers, tie pilings and boat lifts, 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 marina
expansion 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 portion of the docking facility shall exceed a maximum of 157 feet waterward from the
waterward edge of the existing bulkhead, to comply the established Town of Swansboro pier -head
line, located at the designated U.S. Army Corp of Engineers AIW W setback.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permtttee or Omer
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, 2025
in issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
argaeu oy we auwuniy ". u O�W mow. J ,.. ,..�.c
of the Coastal Resources Commission.
Fci Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

John and Debra Harnatkiewicz
ADDITioNAL CONDITIONS
Permit No. 22-22
Page 2 of 4
3) The waterward edge and adjacent riparian limits of the authorized marina shall be staked by the
permittee prior to the start of the dock construction and the permittee shall contact the appropriate DCM
Field Representative for an inspection to verify the authorized dock dimensions from normal high water.
The stake shall remain in place forthe duration of the construction project.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharged at the marina shall be considered a violation of this permit for which
the permittw is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This permit authorizes 7 additional formalized boat slips for a maximum of 11 formalized boat slips at
this marina.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the southwestern adjacent property owner's area of riparian access.
8) . Should Lot to the northeast be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and .
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.
9) No attempt'shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
10) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
11) No portion of the permitted structure shall be located within 100 feet of the near bottom edge of the
federally maintained AIW W channel.
12) 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.
13) The marina shall display a sign showing the location of the nearest pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier.

John and Debra Harnatkiewiez
ADDITIONAL CONDITIONS
Permit No. 22-22
Page 3 of 4
Easement
14) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any now boat slips or other docking.facilities authorized under
this permit.
As -Built Snrvev
15) An as -built survey shall be performed on the marina, and copies of the survey provided to the Division
of Coastal Management, within 60 days of completion of construction of these portions of the project.
Sedimentation and Erosion Control
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters._
17) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
USACE Conditions
18) In order to further protect the endangered West Indian Manatee, Triehechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and'stdctly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigb/pdfs)ManateeGuidelines2Ol7.pdf.
General
19) 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.
20) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation
NOTE: The permittee is advised to institute a comprehensive marina management plan to address the
general use and potential risks associated with the daily use of the marina.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required by the Town of Swansboro.

John and Debra Harnatldewicz Permit No. 22-22
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
permit 198000291 (Action ID SAW-2022-00073).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 004636 and assigned the project DWR Project No. 2021-1839.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contacts, 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: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DIVISION OF COASTAL MANAGEMENT
Applicant:
Type: (Check all that apply)
New _ IV/ Major Mod
Permit Coordinator:
Application Processing Notes
Permit# Minor Mod Renewal Transfer
Field Representative:\��(�
Date Time
lot
r6eq rlG{�vfC
z1,1�1 G�k 4VN�
-�
Cw,�3
Message
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Board of Commissioners
John Davis, Mayor
Frank Tursi, Mayor Pro Tern
Patricia Turner, Commissioner
Harry Pugliese, Commissioner
Larry Philpott, Commissioner
Jeffrey Conaway, Commissioner
Town of Swansboro
Friendly City by the Sea • Established 1783
www.swansboro-nc.ore
January 18, 2022
NCDEQ Division of Coastal Management
c/o Gregg Bodnar, Assistant Major Permits Coordinator
400 Commerce Avenue
Morehead City, NC 28557
g_regg.bodnarCa1NCDENR.gov
RE: Bake, Bottle, & Brew I 1-Slip Marina
Dear Mr. Bodnar,
Town Manager
Paula W. Webb, MMC-NCCMC
pwebb(@,ci.swanboro.nc.us
Town Clerk
Alissa A. Fender, CMC
afendea,ci.swansboro.nc.us
The Town classifies anything over ten (10) slips as a "Marina", which requires a Special Use
permit. "Docks and Piers (commercially operated)" also require a Special Use permit in the
B-2HDO zoning district.
Additionally, docks require a Certificate of Appropriateness issued by the Historic Preservation
Commission in the Historic District.
Once these approvals are obtained, a Building Permit application will be required to be
submitted with engineered plans. The plans must also include an analysis per Section 152.423
(16) of the Flood Damage Prevention Ordinance.
Further, in review of the application we noted that the project site address is shown as
"Wetherington Landing Road" on the Field Investigation Report.
Please feel free to contact me with any questions.
Sincerely,
+Jeifere.sell, CFM, CZO
Planner
0ansellAci.swansboro.nc. us
RECEIVED
JAN 1 q 2022
ViP SECTION IW D
601 W. Corbett Avenue • Swansboro, NC 28584 9 Phone: [phone] • Fax: [phone]

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dfrector
December 17, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg. bodnar(a) NC D EN R.a ov
SUBJECT: CAMA / Dredge and Fill Application Review
Applicant: Bake, Bottle, & Brew
Project Location: Swainsboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greair Bodnar at the address above by'January 14, 2022: If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
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.
PRINT NAME ?Q Ut a u i. W Q 19 to
AGENCY I t)wy-i O-F Sl awc.b
SIGNATURE 0_ LU • p r�
DATE ) — 19 - Z02-� iEIVED
JAN 1 9 2022
VP %SEECTI\11 F,,11 H50
Norlh Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
rnn me
o^'�� 252.808.2808

DCM Coordinator:&ke, Permit #: ZZ '2y
Permittee: 3
DCM Field Offices
MAILING DISTRIBUTION SHEET
�z
,c1C ZBS_PC/
Elizabeth City Washington (with revised k plan drawings)
Morehead City Wilmington
Wilmington
l( K, we
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Greg Curry (Brunswick, New Hanover)
rz Hair (Carteret, Onslow, Pender)
rad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
'Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
Tina Martin 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider —401(Pender,Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
(NCDOT) Travis Wilson

DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant Landowner Information
Business Name
Project Name (if applicable)
Bake Bottle & Brew
Bake Bottle R Brew Dock Extension
Applicant 1: First Name
MI
Last Name
John
C.
Harnatkiewicz
Applicant 2: First Name
MI
Last Name
Debra
S.
Harnatkiewicz
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
147 Front Street
n/a
Swansboro
NC
ZIP
Country
Phone No.
FAX No.
28584
USA
n/a - ext.
n/a -
Street Address (if different from above)
City
State
ZIP
same
Email
n/a
2. AgentContractor Information
Business Name
Coastal Planning Services, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Kathy
B.
Vinson
Agentt Contractor 2: First Name
MI
Last Name
n/a
Mailing Address
PO Box
City
State
We
827
Morehead City
NC
ZIP
Phone No. 1
Phone No.
2
28557
252 - 240 - 9297 ext. n/a
252 - 354
- 4916 ext. n/a
FAX No.
Contractor #
252 247 5875
n/a
Street Address (if different from above)
City
State
ZIP
n/a
Email
..J
[e-mail]
NUV i 8 ZOZ1
<Form continues on back>
DCM-MHD CITY
252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. fit
Onslow
147 Front Street
n/a
Subdivision Name
City
State
Zip
n/a
Swansboro
NC
28584 -
Phone No.
Lot No.(s) (d many, attach additional page with list)
n/a - ext.
n/a, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
White Oak 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
White Oak 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.
Town of Swansboro
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
60.58
4356
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
n/a, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
+5' ®NHW or ❑NWL
e. Vegetation on tract
Grass and landscape vegetation, coastal wetland fringe.
f. Man-made features and uses now on tract
Mixed Use w\woad frame building (commercial/residential), bulkhead, fixed 4-slip dock with platform, tie pilings, and boat
lifts.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Town of Swansboro-owned pedestrian waterfront access with gazebo to the east, vacant lot with existing dock to the west.
h. How does local government zone the tract?
L Is the proposed project consistent with the applicable zoning?
B-2HDO
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA
If yes, by whom? hie
I. Is the proposed project located in a National Registered Historic District or does it involve a SYes ❑No ❑NA
National Register listed or eligible property?
Vr_u
<Form continues on next page>
NOV 18 2021
DCM-MHD CITY
252-808-2808 :: 1-888--,rasuAST :: www.nccoastalma nagement. net

***This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
Applicant: Bake Bottle Brew
113
Project Site County: Onslow
Staff., JRD
District: ❑Elizabeth City Washington
®Morehead City [I Wilmington
Project Name: Bake Bottle Brew
Rover File: WA
Date of initial application submittal (E)(: 1/82007): 1111821
Date application "received as complete' in the Field office (EX: 1/&2007): 11/1821
Permit Authorization: ZCAMA ElDredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes []No
Photos Taken: Yes 0 N60
Setback Required (riparian): Yes
No
Critical Habitat. Yes ®No Not Sure
15 foot waiver obtained: El Yes ONo
Hazard Notification Returned:
❑Yes ®No
SAV: Yes ®No ❑Not Sure
Shell Bottom: Elyes ®No Not
Temporary Impacts: Yes No
Sure
Sandbags: El Yes ®No Not Sure
Did the land use classification come fmm
Mitigation Required (optional):
countyLUP. ®Yes []No
[]Yes ®No
Moratorium Conditions: MTes No
Environmental Assessment Done:
®NA
❑Yes ®No ®NA
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
El (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgress (Spartina
El (SY) Salt reed grass (Spartina
altemifiore)
cynosuroides)
(DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncus
(SP) Sal0neadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
W(A) Private w/ D&F up to 1 acre;
III(D) Priv. public or comm w/D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
El Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanasrement.net revised: 02/15/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4)
❑ Permit Transfer- $100
❑ 111(B) Public or commercial w/D&F to 1
acre; 3490 can be applied - $400
❑ Express Permit- $2000
❑ Major development extension request -
❑ 11. Public or commercial/no dredge
$100
and/or rill - $400
1. Private no dredge and/or rill- $250
® 111(C) Priv. public or comm w/D&F to i
acre; 3490 can be applied, DCM needs
DWQ agreement - $400
revised 02115110

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4)
Applicant Bake Bottle Brew
Date:121125121
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.
Number
TYPE
Choose
One
REPLACE
Choose
One
Dimension 1
Dimension 2
Dimension 3
Dimension 4
Marina
1
New
llslip
Ilslip
New Work
Maint ❑
Replace
❑ Y ❑ N
New Work❑
Maint ❑
Replace
❑ Y ❑ N
New Work
Maint ❑
Replace
❑ Y ❑ N
New Work
Maint ❑
Replace
❑ Y ❑ N
New Work
Maint ❑
Replace
❑ Y ❑ N
New Work
Maint ❑
Replace
❑ Y ❑ N
New Work❑
Maint ❑
Replace
❑ Y ❑ N
New Work
Maint ❑
Replace
❑ Y ❑ N
New Work
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y ❑ N
New Work ❑
Maint ❑
Replace
❑ Y [IN
New Work El
Maint ❑
Replace
❑ Y ❑ N
revised 02115/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of a)
Applicant Bake Bottle Brew
Date: 12115121
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tamp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
andror temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
tamp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Open Water
usurp
4,00oR2
4,000R'
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ RH ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Bake, Bottle, & Brew COUNTY: Onslow,
PROJECT NAME:
LOCATION OF PROJECT: 418 Wetherington Landing Rd, Swansboro
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-18-21
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes
FIELD REPRESENTATIVE: Davenport DISTRICT OFFICE: MHC
DISTRICT MANAGER REVIEW: Roy Brownlow
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 Click or tap here to enter text.
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 12-19-21 END OF NOTICE DATE: 12/19/2021
ADJ. RIP. PROP NOTICES REC'D:11/18/2021 DEED REC'D: Yes /
C) 75 DAY DEADLINE: 2-1-22 150 DAY DEADLINE:
HOLDS:
EMAIL OUT DATE: 11/2/2021 STATE DUE DATE: Click or tap to enter a date.
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
2-I15114,
cS
DCM - LUP Consistency Determination
Local Permit Officer
1 4 ZZ
1c
Mp� Dex,4s6 Af�
Corps of Engineers -Regulatory Branch
7-0 2 Z -L37M -rP"
DWR-401 Section
Zt/� lZ
IaQG RAW& Zn2.1 -/835
DWR- PublicWaterSupply
DEMLR - Stormwater
DEMLR - Sed and Erosion
DOA - State Property Office
r
Wildlife Resources Commission
DMF - Shellfish Section
DMF - Habitat & Enhancement
1 �'
)c
DNCR - Archives & History
1
67,
K
DNCR -Natural Heritage Program
NCDOT
NC Dept of Commerce
1 1
1y

Bodnar, Gregg
From:
Brownlow, Roy D
Sent:
Tuesday, February 8, 2022 4:01 PM
To:
Bodnar, Gregg
Cc:
Weychert, Curtis R; Howell, Jonathan
Subject:
RE: Bake Bottle and Brew
Gregg:
I would suggest the following conditions:
• Setting PVC poles on the waterward extents of the riparian access lines and arranging a pre -
inspection site visit to confirm the alignment
• Submitting an as -built survey once the pilings are set to confirm compliance with the 15 riparian
setback since the proposal is going to be at or near the setback line.
Thanks,
Roy
From: Bodnar, Gregg <[e-mail]>
Sent: Tuesday, February 8, 2022 1:49 PM
To: Weychert, Curtis R <[e-mail]>; Brownlow, Roy D <roy.brown [e-mail]>
Subject: Bake Bottle and Brew
Hey all,
Any recommendations yet?
Thanks,
Gregg
�D_EQ�,�
Gwtr+•� ,I I..�,+�.sY Owv,�
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 29M ert 215 (Office)
Gregg. [e-mail]
Email correspondence to and from this address is subject to the
North Carolina public Records law and maybe disclosed to third parties.

CoriSigoanvelope ID: 3E3F2AE2-94AC-4E46-8CF9-770BC20EC8D8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February7, 2022
DWR # 20211839
Onslow County
Bake Bottle and Brew
Attn: John Harnatkiewicz
147 Front Street
Swansboro, NC 28584
Subject: Approval of Individual 401 Water Quality Certification
Bake Bottle and Brew Dock Extension
USACE Action ID. No. SAW-2022-00073
Dear Mr. Harnatkiewicz:
Attached hereto is a copy of Certification No.004636 issued to John Harnatkiewicz and Bake Bottle
and Brew, dated February 7, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Water Quality Certification does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person and does not create any prescriptive right or any right of priority regarding any usage
of water. This Water Quality Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user regardless of the
quantity of the withdrawal or the date on which the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the prope
C E8VED
F E B B 2022
DE Q;: North Carolina Department of Environmental Quality I Division of M , Rh6bre, • I +� r • •' r
_ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
"+. w' .�F=Zs� 910.7%.7215

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Bake Bottle and Brew
Page 2 of 6
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project,
regardless of the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must
notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be
aware that impacting waters without first applying for and securing the issuance of a 401 Water
Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500.
Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters,
including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states
any person desiring issuance of the State certification or coverage under a general certification
required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S.143-215.6A, these violations and any
future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day
for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition
are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at htto://www.ncoah.com,( or by calling the OAH Clerk's Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact John Perry at 910-796-7215or][e-mail] if you have any
questions or concerns.
FEE I NIVED
F E B 8 2022
RPM SECTION MIVID

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Bake Bottle and Brew
Page 3 of 6
S1nDMUS aKEd ny:
�04� �xriM�OM
olffIffaffit9lton
Wilmington Assistant Regional Supervisor
Water Quality Regional Operations Section
cc: Gregg Bodnar NC DCM (via email)
Liz Hair USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
RFCE'LlII°I-:I
F E B 8 2022
R_i�P SE CTION �NMID

DocuSign Envelope ID:3E3F2AE2-94AC-4E46-BCF9-770BC20EC8D8 DWR#20211839/WQC004636 '
Bake Bottle and Brew
Page 4 of 6
NORTH CAROLINA 401 WATER QUALITY
CERTIFICATION #004636 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 1S NCAC
02H .0500 and 15A NCAC 0213.0200, to John Harnatkiewicz and Bake Bottle and Brew, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on December 20,2021 and subsequent information on January
8, 2022, and by Public Notice issued by the Division of Coastal Management and received by the
Division on January 8, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved (units)
(units) Permanent
Temporary
Open Waters
Usurped
0.09 (acres)
Shaded
0.02 acres
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream -or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
became aware of the non-compliance circumstances.
Citation: 15A NCAC 02H.0506(6), 15A NCAC 02H.0507(c)
The docking facility is permitted as daytime and transient only dockage. Dockage of vessels
other than the permitted for daytime and transient slips will require re-evaluation by DWR of
the use of the dockage facility. Handrails or other devices, including signage, should be used
to discourage use of any dock space other than the designated slips.
Citation: 15A NCAC 07H .0208
2. The docking facility is permitted for 11 slips. Dockage of vessels other than the permitted
slips will require re-evaluation by DWR of the use of the dockage facility. Handrails or other
devices, including signage, should be used to discourage use of any dock space other than the
11 designated slips.
Citation: 15A NCAC 07H.0208
R"ECFIV
F E B B 2022
MP SECTION WHO

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DWR#20211839/WQC004636
Bake Bottle and Brew
Page 5 of 6
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the approved impacts (including temporary impacts).
Citation: 15ANCACO2H.0506, 15ANCACO2H.0507(c)
4. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and
the natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c), 15A NCAC 02B.0200, 15A NCAC
02B.0231
S. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c)
6. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC
02B.0231
7. If concrete is used during construction, then all necessary measures shall betaken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c), 15A NCAC 02B .0200, 15A NCAC 02B
.0231
8. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or
masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c); 15A NCAC 02B.0201
9. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and
Public Trust Waters) shall meet all the specific conditions for design and construction
specified in 15A NCAC 07H .1405.�� E Citation: 15A NCAC 02H.0507(c), 15A NCAC 07H.1400 etseq. FIVED
F E B 8 2022

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Page 6 of 6
10. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 0211.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200, 15A NCAC
02B.0231
11. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0231
12. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)
13. The permittee and their authorized agents shall conduct all activities 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.
Citation: 15ANCAC 02H.0506(b), 15A NCAC 02H.0507(c)
14. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Water Quality Certification. A copy of this
Water Quality Certification shall be available at the project site during the construction and
maintenance of this project.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H.0507(c)]
RE-CE V E D
F E B 8 2022
This, the dgy qt February 2022
Tour. '[1�a.rci�.�toti
r7F141 E73B¢F3488...
Tom TM
Wilmington Assistant Regional Supervisor
Water Quality Regional Operations Section
P SIECTM �' HD

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BMTON DAVIS
Director
December 17. 2021
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
aregg.bodnar(a)NCDENR.gov
SUBJECT: CAMA / Dredge and Fill Application Review
Applicant: Bake, Bottle, & Brew
Project Location: Swansboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by J9Ouary 14, 2022: If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINTNANIE Mark Brown
AGENCY Public Water Supply
SIGNATURE P`cclC. gwe
DATE
12-21-21
OVER
DEC 2 1 2021
EST `SECTION RM'D
�EQ North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 17. 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg. bodnar(cDNCD EN R.gov
SUBJECT: CAMA ( Dredge and Fill Application Review
Applicant: Bake, Bottle, & Brew
Project Location: Swansboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by January 14, 2022: If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"'Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality
SIGNATURE 2n,for Shannon Jenkins
DATE
1 /5/2022
u�DEQ��
o,�.mmmmww�wouv� /�
RECEDED
JAN 6 2022
MOP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

Bodnar, Gregg
From: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, January 10, 2022 7:29 PM
To: Bodnar, Gregg; Snider, Holley; Perry, John M
Subject: [External] Corps permit review -various projects
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
The following are being processed as GP 291s:
SAW-2022-00073
Bake Bottle and Brew / Swansboro / Onslow / John Harnatkiewicz
SAW-2017-02492
Town of North Topsail Beach_Stuart Turille-Chris Gibson TI Coastal Services -beach nourishment -truck haul -GP 291
(PHASE 1)-I received this directly from Fran Way on December 8, 2021, and have not yet received the DCM permit mod
distribution. Just wanted to give an update on the review process.
SAW-2008-01727
Aqua 10 Subdivision and Marina , Old Seaport LLC
*Due to current workload situation, I am way behind on getting 291 e-notices out.
These are being processed as GP 56's:
SAW-2021-02621
4700 South Shore Drive / Morehead City / Carteret / Bell Investment Group LLC
SAW-2022-00066
S43 North Kinston Avenue / Atlantic Beach / Carteret / Owen Andrews
**Let me know if there are other submittals you have questions about. I have a few that have not yet been assigned a
permit type.
Thanks,
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair(@usace.armv.mil
Work Cell: 910-512-4456

GOY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
December 17, 2021
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg. b odnar(5)NCDENR.gov
SUBJECT: LAMA %Ered'gearid Fllf Appflcaflonn Review `
Applicant: Bake, Bottle, & Brew
Project Location: Swansboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form fo Gregg Bodnar at the address above by Je►lUary_ 14, Y022.0 If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
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.
PRINT NAME W AmoLe- b-J+AA.Q d-)
MENGY
SIGNATURE GJAiftd.EL�d�tl�lLe►c)
DATE n_" Au ` / D L aW ;kJ
C c rm rc:T Ts. � 't�6m A�1
JAN 1 1 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carollna 28557
252.808.2808

Roy Cooper, Governor
TO:
IaVC01UI
SUBJECT
Applicant:
North Carolina
Department of Administration
State Property Office
January 10, 2022
Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
pregg.bodnarna,ncdenr.gov Z
Wanda Hilliard
Real Property Agent
Department of Administration
CAMA Major Permit Application Review
Bake, Bottle, & Brew
Project Location: Swansboro, Onslow County
Proposed Project I 1 Slip Marina
The project may require Easements for multiple utilities crossing the creeks, marsh & State-
owned land provided the applicant qualifies for an easement.
Thank you.
Pamela B. Cashwell
Secretary
Tim Walton
Director
Gs°r kLJ
JAN 1 1 2022
grip SEECTION MsAKD
State of North Carolina I State Property Office
116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699
984236 0270 T I Web: http:tl w .ncspo.com
I

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 17.2021'
MEMORANDUM:
NORTH CAROLINA
Environmental Qualify
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnarC�NCDEN R.gov
SUBJECT: CAMA / Dredge and Fill Application Rev lew
Applicant: Bake, Bottle, & Brew
Project Location: Swansboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form tolGreaa Bodnar at the address above by January 94, 2022. If you have any
questions regarding1he proposed project, contact Ryan Davenport 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
This agency has no objection to the
"Additional comments may be attar
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.
PRINT NAME
AGENCY �! C �Q� 0 /1 coMma-frcy
rv��r U e i s ¢ FZEECEIV D
SIGNATURE
DATE JAN 1 1 2022
[TIP SECTION NUID
North Carolina Department or Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
25ZB081808

' Received: 12/21/2021
State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 17, 2021
NORTH CAROLINA
Environmental Quality
ER 21-3233 Due: 1/11/2022
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregq. bodnar(a) NCD EN R.gov
SUBJECT: 'CA D_ sedge and Fili.Application Review
Applicant: Bake, Bottle, & Brew
Project Location: Swansboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greg g Bodnar at the address above by Janua_ry__14, 262f If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY State Historic Preservation Office
SIGNATURE 1�
a �D_FQ
R,F g VIED
JAN 1 4 2022
North Carolina Department or Environmental Quality I Division or Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead Cty; North Carolina 28557
252.B08.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 17, 2021
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Qregg.bodnaf(a)NCD EN R.gov
SUBJECT: LAMA/Dredge and Fill Application Review
Applicant: Bake, Bottle, & Brew
Project Location: Swansboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greqq Bodnar at the address above by January 14, 2022. If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE
DATE
0111812022 RECEIVED
,�DEQ�
on.�wv mwaw�w000� /`�
JAN 1 8 2022
WIP SECTION MSC®
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination- Bake, Bottle and Brew, Swansboro, Onslow
County
Date: January 18, 2022
Consistency Determination:
This project is consistent with the Swansboro Land Use Plan Update.
The applicant is proposing to construct an 11-slip marina adjacent to their retail building
at 418 Wetherington Landing Road in Swansboro, Onslow County.
I have reviewed this proposal for consistency with the Swansboro Land Use Plan and
offer the following comments.
The general area of the project is classified as Commercial.
Waters at the project site are classified as SA and are not open to the harvesting of
shellfish. The area is not a Primary Nursery area. Areas of Environmental Concern are
EW and PTA.
Swansboro allows development in Commercial classified AECs, which is consistent with
the State's minimum use standards. The Swansboro Land Use Plan contains some
policies, which exceed the State's minimum use standards. However, none of these
policies appear to be applicable to this project.
This project appears to be consistent with the Swansboro Land Use Plan Update.
Cc: FILE
RECE �E®
JAN 1 S 2022
MP SECT6(Md MID

ROY COOPER
Governor
ELIZABETH S.BISER
Secretory
BRAXTON DAVIS
Director
C.ZI.12.'�D.01
December 17, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnar()NCDENR.gov
SUBJECT: 'CAMA / Dredge and Fill Application Review
Applicant: Bake, Bottle, & Brew
Project Location: Swansboro; Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by :lanuary 14, 2022. If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
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.
PRINT NAM_ E b4P,6oj1 - bli n/n
AGENCY tiCh1'kC.
SIGNATURE Cuur, I
DATE
E-CEI V$-
JAN 1 8 2022
NIP SECTION Pffial2
Nonh Carolina Department of Environmental Quality I Division of Coastal Management
Morehead Clty OFnce 1400 Commerce Avenue 1 Moorehead City. North Carolina 28557
252.808.2808

North Carolina Wildlife Resources Commission 0
Cameron Ingram, Executive Director
MEMORANDUM
TO: Gregg Bodnar RECEIVED
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division s SECTiON i14111.0
DATE: January 14, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for Bake, Bottle, and Brew (John Hamatkiewicz),
Onslow 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 418
Wetherington Landing Road adjacent the White Oak River in Swansboro, NC. Our comments are
provided in accordance with provisions of the Coastal Area Management Act (G.S. I I3A-100 through
113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and
Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16
U.S.C. 703-712 et seq.).
The applicant proposes to extend off an existing dock to create an 1I-slip marina The 6' by 80' dock
extension would terminate with a 9' by 26.5' platform and a 5' by 25' floating platform. Two 3.5' by 20'
and one 3.5' by 10' finger piers would extend off the main spine. Boat lifts would be placed within
designated Slips 3-7. An existing lift and some piles will be removed. Water depths in this area range
between -1' to -13' NEW. The facility would be within the established pier headline and is approximately
100' outside the USACE federal channel setback. The shoreline in this area is designated as an Urban
Waterfront by the NC Division of Coastal Management. The White Oak River at this location is classified
SA by the Environmental Management Commission.
The NCWRC has reviewed the permit application and has several comments regarding the design
proposal. A marina is defined a publicly or privately owned dock, basin or wet boat storage facility
constructed to accommodate more than 10 boats. Since the facility is proposed to have one more than 10
slips, it must be considered a marina an operate as such. A management plan should be developed that
addresses overnight docking, spills, what spill control and clean-up equipment will be available, and
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
minimally identifies whether a trained dock master will monitor the area. This plan should also include
the posting of information for boaters including emergency numbers, pumpout locations, and facility
contacts.
The layout of the proposed marina includes utilizing the existing structure. Future Slips 1 and 2 are
landward an existing finger pier and lift, having a proposed fixed pier positioned between the two
designated slip areas. Water depths in Slip 1 and 2 are less than -2' NLW. To minimize impacts to
shallow water habitats, the NCWRC requests the applicant reconsider the proposed 3.5' by 10' fixed
finger pier and associated slips. The water depth in this area, especially Slip 1, would lend itself to
chronic bottom disturbance from hull scraping and prop washing. Removal of the 3.5' by 10' fixed pier
would eliminate Slip 1, but still allow vessel tie ups landward the existing fixed pier associated with Slip
3. The removal of Slip 1 would also reduce the number of designated slips to 10, changing the facility
designation from a marina to a multi -slip docking facility.
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.durmAnewildlife.org
PZ��.v1 "Of L®
JAN 1 E 2022
U21 ScE^TION !V"9'7)

Bodnar, Gregg
From:
Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent:
Tuesday, February 1, 2022 5:12 PM
To:
[e-mail], [e-mail], [e-mail];
[e-mail]; Horton, James Todd CIV USARMY CESAW (USA); Arnette,
Justin R CIV USARMY CESAW (USA); DCR - Environmental -Review, Bowers, Todd; ethan
coble; fritz.rohde; [e-mail]; Twyla Cheatwood; Ellis, John; Howell,
Jonathan; Wojoski, Paul A, Bertram, Paul 1 BOSN3; Tranter, Kent W CIV USARMY CESAW
(USA); Posey, Ward B CIV; Bodnar, Gregg; Brownlow, Roy D; Perry, John M; Weychert,
Curtis R
Cc:
Jessop, Jordan E CIV USARMY CESAW (USA)
Subject:
[External] [WARNING: UNSCANNABLE EXTRACTION FAILED][WARNING: UNSCANNABLE
EXTRACTION FAILED]CAMA MAJOR/ GP 291/SAW-2022-00073 Bake Bottle and
Brew/147 Front Street/Onslow
Attachments:
SAW-2022-00073 Bake Bottle and Brew ePN.pdf, App, Deed, Field Report.pdf, Plans.pdf,
GoogleEarth_Placemark.kmz
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report pam.
All:
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit request for the subject project. The attached notice
requests federal agency comments on this project by March 2, 2022.
The applicant proposes to expand an existing docking facility located on the White Oak River, at 147 Front Street, in
Swansboro, Onslow County, NC.
Specifically, the applicant proposes to extend off the existing dock with a 6'X80' dock. A 9'X26.5' platform would be
placed at the end with a 5'X25' floating dock placed along the platform. Two 3.5'X20' and one 3.5'X30' finger piers would
extend off the main dock. The final configuration would have a total of 11 slips. Boatlifts would be placed in slips 3-7.
The proposed docking facility is located landward of the federal project setback.
Please see the attached permit request, plans, bio-report dated December 9, 2021, and location map for more detailed
information concerning the proposed project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not
likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
The application identifies waters within the project area as designated SA by the Division of Water Resources. Waters
within the project area are NOT designated as PNA by the NC Division of Marine Fisheries, and according to the
application are closed relative to the taking of shellfish. According to the bioreport, no shellfish or SAVs are to be
disturbed by the project. Water depths in this area range from -1'to -13' at ML W.

4 vJdw.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 8, 2022
Regulatory Division
Action ID No. SAW-2022-00073
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
! If%77" ry-ZECENED
-
MAR 9 2022
MP SECTION MHD
Reference the application of John and Debra Hamatkiewicz, to construct an 11-slip marina
adjacent to an existing retail building along the White Oak River, at 147 Front Street in
Swansboro, Onslow County, NC.
Specifically, the applicant proposes to extend off the existing dock with a 6'X80' dock. A
9'X26.5' platform would be placed at the end with a 5'X25' floating dock placed along the
platform. Two 3.5'X20' and one 3.5'X10' finger piers would extend off the main dock. The final
configuration would have a total of 11 slips. Boatlifts would be placed in slips 3-7.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
https://www.fws.pov/raleigh/pdfs/ManateeGuidelines2Ol7.i)d
fws.pov/raleigh/pdfs/ManateeGuidelines2Ol7.ndf
2. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety
Office at [phone].
3. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.

-2-
4. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
8. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
9.The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
10. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter 113A Article 4).
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 YIN
MAR 9 2022
KPIP SECTi®N EIHD

-3-
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre -project condition.
13. Violations of these conditions or violations of Section 404 of the Clean Water Actor
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic Copy Furnished:
USEPA; Mr. Todd Allen Bowers
NCDEQ/DCM; Mr. Gregg Bodnar
NCDEQ/DWR; Mr. John Perry
USFWS; Mr. Pete Benjamin/Mr. John Ellis
NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood
RZ ECEIViE®
MAR 9 2022

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Bake, Bottle and Brew (John Harnatkiewicz)
IY72. LOCATION OF PROJECT SITE: 418 vr_ fheFkigten �� d,
Latitude:34°41'11.45"N Longitude:77°07'09.05W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/7/21
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 11/18/21
Application Complete-11/18/21
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Swansboro
Land Classification from LUP — Commercial
(B) AEC(s) Involved: EW, PTA,
(C) Water Dependent: (yes)
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — Sewer
Planned — N/A
(F) Type of Structures: Existing — Commercial building, bulkhead and dock
Planned — Dock expansion
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION:
Open Water
4'000ft2
Usurped
1,014 ft=
Shaded
(D) Total Area Disturbed: 4,000112
(E) Primary Nursery Area: No
(F) Water Classification: SA
(G) Shellfish Classification: Closed
8. PROJECT SUMMARY: Bake, Bottle and Brew is proposing to construct a 11 slip marina
adjacent to their retail building.

Field Investigation Report:
Bake, Bottle & Brew
Page 02
9. NARRATIVE DESCRIPTION: Bake Bottle and Brew is located at 147 Front Street in
Swansboro, Onslow County. This area is the downtown Urban Waterfront of Swansboro. The
high ground is 4,356 Wand has 60.58' of shoreline. There is an existing commercial building
onsite. The shoreline is stabilized with an existing bulkhead. A thin fringe of Coastal Wetlands
containing Smooth Cordgrass (Spartina alterniflora) and Salt Grass (Distichilis spicata) exist
along the bulkhead. Extending off the bulkhead is an existing 4 slip docking facility. Similar
facilities exist on either side of this project. The Division of Water Resources classifies the area
as SA waters and closed to the taking of shellfish. This is not a Primary Nursery Area. There
are no SAV's or significant shellfish populations in the area to be disturbed. Swansboro LUP
classifies the future land use of this area as commercial.
10. PROJECT DESCRIPTION: The applicant is proposing to extend off the existing dock
with a 6'X80' dock. A 9'X26.5' platform would be placed at the end with a 5'X25' floating
dock placed along the platform. Two 3.5'X20' and one 3.5'X10' finger piers would extend off
the main dock. The final configuration would have a total of 11 slips. Boatlifts would be placed
in slips 3-7. Water depths in this area range from -1' to -13' at MLW. A 15' riparian waiver has
been obtained from the Robin Hiott property. This proposal is consistent with the established
pier head line and is approximately 100' outside the ACOE federal setback.
11. ANTICIPATED IMPACTS: The proposed the project would usurp a total of 4,000 sq ft
with 1,014 sq ft shaded. Water depths should be deep enough to prevent bottom disturbance by
boats. This docking facility will provide additional boating access to the greater Swansboro
Urban Waterfront area.
Name: Ryan Davenport Date: 12/9/21 Morehead City

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? SYes ❑No
(ii) Are there coastal wetlands on the site? SYes []No
(iii) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes SNo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Onslow Water and Sewer Authority (ONWASA)
o. Describe existing drinking water supply source.
ONWASA
p. Describe existing storm water management or treatment systems.
There are no existing stormwater management or treatment systems on the project site.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? SCommercial ❑PubliclGovernment
❑PrivatelCommunity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
This project will provide dockage for proposed leased boatslips, temporary dockage for patrons of existing businesses
operating at project site, and daily water access/dockage for residents of existing residence onsite.
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.
Conventional marine construction methodology will be employed. A barge with pile -driving equipment will be used for
construction of docking facility. The barge will be stored in deep water.
d.
List all development activities you propose.
Expansion of an existing fixed docking facility, including fixed finger piers, fixed and floating platform, tie pilings, and boatlifts
to provide dockage for a total of eleven boats.
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? none ❑Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area SYes ❑No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
I.
Will wastewater or stormwater be discharged into a wetland? ❑Yes SNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No SNA
j.
Is there any mitigation proposed? ❑Yes SNo ❑NA
If yes, attach a mitigation proposal.
<Form continues on back> NOV 18 2021
252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) 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 Robin Hiott Spinks Phone No.
Address 213 Seacrest Drive, Wrightsville Beach, NC 28480
Name Town of Swansboro Phone No. 910-326-4428
Address 601 W. Corbett Avenue, Swansboro, NC 28584
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA General Permit 78360C, issued to John Hamatkiewicz
on March 7, 2021
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date /f Z/4 Lit oA l Print Name _Kathy Vinson, agent
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development RECEIVED
®DCM MP-4 Structures Information
NOV 18 2021
DCM-MHD CITY
252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
®Commercial ❑Public/Govemment ❑Private/Community
El This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ®No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? ®Yes []No
(ii) Number
1
If yes:
(iii) Length
existing = 86', total proposed length = 157'
(ii) Number
existing
= 1, proposed (new) = 3 for total
(iv) Width
existing section = 7'. proposed section = 6'
of 4
(v) Floating
❑Yes ®No
(III) Length
existino
= 23': proposed = 10' (1). 20' (2)
(iv) Width
existing
= 4% proposed = 3.5' (3)
(v) Floating
❑Yes
®No
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number existing = 1, proposed (new) = 2 for total of 3
(III) Length existing = 12': proposed = 9' (fixed) 5'
(floating)
(iv) Width existing = 21% proposed = 21' (fixed) 25'
(floating)
(v) Floating ®Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
11
(ii) Number of slips existing
4
f. (i) Are Boatlifts included? ®Yes [-]No
If yes:
(ii) Number 4
(III) Length 12.5'
(iv) Width 12.5'
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: 11
❑ Dry storage; number of boats: —
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types).
[]Open water, dredging for basin and/or channel mixed tvoes
®Open water; no dredging required -'
❑Other; please describe:
NOV 18 ucl
DCM-MHD CITY
k. Typical boat length: 10' to 40' I. (i) Will the facility be open to the general public?
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement"net revised: 12127/06

Form DCM MP-4 (Structures, Page 2 of 4)
m. (i) Will the facility have tie pilings? []Yes ®No
®Yes [--]No
(ii) If yes number of tie pilings?
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
® Toilets for patrons; Number: 2; Location: Located inside Bake Bottle & Brew, also available at Swansboro Visitors Center, 203
Church Street, one block north of docking facility
❑ Showers
® Boatholding tank pumpouk Give type and location: Fixed pumpout station, located on waterward end of docking facility at Church
Street Town Dock located within 50' of project
b. Describe treatment type and disposal location for all sanitary wastewater.
ONWASA wastewater system
c. Describe the disposal of solid waste, fish offal and trash.
Trash receptacles located on high ground
d. How will overboard discharge of sewage from boats be controlled?
Not allowed
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
One sign to be attached to dock
(ii) Give the location and number of "Pumpout Available" signs proposed.
One sign to be attached to dock
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed of?
N/A
h. Give the number of channel markers and "No Wake" signs proposed. None or000sed
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
N/A
j. What will be the marina policy on overnight and live -aboard dockage?
No overnight or live-aboards will be allowed
RSC€WED
k. Describe design measures that promote boat basin flushing?
N/A
DCM-MHD CITY
252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 3 of 4)
I. If this project is an expansion of an existing marina, what types of services are currently provided?
Not an existing marina
in. 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 areal
❑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 approximately 70 at of shaded impacts from existing dock ❑SAV ❑SS
❑WL _ []None
p. Is the proposed marina/docking facility located within or within close proximity to any shelfsh 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 lilts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
III) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(III) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
& MOORING PILINGS and BUOYS ❑This section not applicable
a. Is the structure(s):
®Commercial ❑PubliclGovemment ❑Private/Community
C. Distance to be placed beyond shoreline 116' and 17l'
Note: This should be measured from marsh edge, if present.
b. Number 2
d. Description of buoy (color, inscription, size, anchor, etc.)
n/a
11►5,2111M
DCM-MHD CITY
252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12127106

Form DCM MP-4 (Structures, Page 4 of 4)
e. Arc of the swing n/a
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
0' to the east, 15' to the west 0' to the east, 47' to the west
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
1050'
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.
d. Water depth at waterward end of structure at NLW or NWL
- 13.3' NLW
8. OTHER ®This section not applicable
a. Give complete description:
/r'Z&.Z--2d..?
Date
Bake Bottle & Brew Dock Extension
Project Name
John and Debra Harnatkiewicz
Applicant Name /5
dicant Sigkoure —�
RECEIVED
NOV 18 2021
DCM-MHD CITY
252.808.2808 :: 1.888-4RCOAST :: w .nccoastalmanagement.net revised: 12/27106

Ex. Boat
Slip #
(Typ)
Ex. Lift
to
Remain
x. Pile(s
D be
emoved
m
x
CD
0
77
rn
CD
0
fi
iO
CD
I
rn
0
0
n 11
Ex. Lift
to be
Removed
Bake, Bottle & Brew
CAMA Permitting Addendum DCM-MHD CITY
147 Front St.
Swansboro, NC 28584
for Clarification of Existing Boat Slips & Lifts
(Not for Construction)
Crystal Coast Engineering, P.A.
Civil and Environmental Consulting Engineers
David K. Newsom, PE
John R. Freshwater, PE
205-3 WARD ROAD, SWANSBORO, N.C. 28584
PHONE: (910) 787— 3728
BUSINESS LICENSE 4: C-2553
November 13, 2021
Not to Scale
Drawn by JF
CAMA Process Planning
and Permit Facilitation by:
COASTAL PLANNING SERVICES, INC.
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Fax [phone]

Dear Mr Bodnar
This letter is intended as a response to two letters (emails from Mr. Tim Simpson and Mr. David
Killette) that your office received in response to our pending permit application for a dock extension.
Before responding to the specific issues noted in those two letters (emails), we would like to first make
a few comments ourselves about our pending permit request.
As you may recall, CAMA and US Army Corp of Engineers recently approved the Town of Swansboro's
request to extend the pier head line between the NC 24 Bridge and Ward Shore Park. The expressed
goal of that request by the Town was to "allow longer piers along what is mostly a commercial
waterfront". In short, the Town wished to provide more dock space (longer docks) in the downtown
district that would benefit local downtown business that are dependent upon boat traffic due to
limited conventional street parking.
Please note that pier head line extension would have allowed us to extend our dock 108' longer than
what is presently proposed. We purposefully chose NOT to exercise our rights to extend our dock to
that extent, as we wished to minimize any inconvenience or impact to either of our riparian neighbors.
To that end, we minimized the allowable length extension to match the adjacent pier head at the
Town's Church Street Dock.
With that said, please allow us to respond to concerns expressed by Mr. Simpson and Mr. Killette.
Please first note that neither Mr. Simpson nor Mr. Killette are property (dock) owners on either side of
our business (proposed dock site), rather they simply rent individual slips on a nearby dock which is
three properties away. On the property in between there is an existing dock which is a cause of some
of their navigation issue. The main hazard/obstruction for Mr. Killette is Mr. Simpson 40 foot pontoon
boat which protrudes outside the bounds of its rental slip and blocks access to adjacent slips. Our dock
extension would have no impact whatsoever on his ability to reach his slip. As renters, neither Mr.
Simpson nor Mr. K. have any vested riparian rights, and their stated objections should certainly not
override our own riparian rights.
In short, Mr. Simpson and Mr. Killette, as slip RENTERS (as opposed to dock owners), have the
opportunity to lease larger slips and move their vessels to larger and more easily accessible slips,
although perhaps at a higher cost. That potential cost increase to them however should not negate our
own riparian rights nor our ability to better serve our own customers.
With the issues noted regarding the town's Church Street dock, please note that our proposed dock
extension does NOT extend into the required 15' riparian buffer on the south side, there is 60 feet of
water between the town dock and our proposed dock and as such, should have no or minimal impact
on use of that facility. Please also note that our existing dock predates the relatively new Town dock,
and our pending application simply aims to extend our pier head to match that of the Town dock. In
closing, we have gone to great lengths to minimize any impact to either of our riparian neighbors. We
hope you find the comments from two renters without a clear riparian right on a nearby unimpacted
dock immaterial and unwarranted to our pending request. r- F-
Yours Truly,
Jack and Debra Harnatkiewicz
JAN 3 1 2022
rttF; ZEE; IECT10N Via I D

Bodnar, Gregg
From: david killette <[e-mail]>
Sent: Wednesday, January 12, 2022 1:41 PM
To: Bodnar, Gregg
Subject: [External] Proposed Dock @ Bake Bottle and Brew
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hello Mr. Bodnar,
I have concerns regarding the dock proposed. My wife and I keep a twenty-one foot skiff in a slip at the dock owned by
Robert and Anne Shuller. I have used this area of the downtown waterfront for over twenty years. Due to the strong
tides and very consistent southern onshore winds most of the year, I have to pilot my skiff into the area of our slip at an
angle of about forty-five degrees, and the boat is "crabbing" in, at that. This is a very difficult shore to approach. The
proposed dock blocks this approach.
Also, I have concerns that the length and near proximity to the town's transient dock will prevent visiting boats twenty-
eight feet and longer from using the eastern half of the dock. I understand that this may void the conditions of the
federal grant the town of Swansboro received several years ago to build the dock. The dock would then become the
property of the landowner and citizens would have to pay back a grant of a half of a million dollars because the town
defaulted on the terms for grant funding for the dock.
Maybe a compromise is in order. A reduction in length of the addition to sixty feet total, would make navigation easier
for neighbors on both sides, be they private property owners or the citizens of the town as a whole.
Thank You for your consideration.
David Killette

1 .s:: i
Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Wednesday, January 12, 2022 2:19 PM
To:
david killette
Cc:
Brownlow, Roy D
Subject:
RE: [External] Proposed Dock @ Bake Bottle and Brew
Afternoon Mr. Killette,
Thank you for your email concerning the Coastal Area Management Act (CAMA) Major Permit application submitted by
Bake Bottle and Brew, in which permission was requested to expand the marina located in Onslow County. As you may
be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I
can assure your comments will be examined and taken into consideration prior to the Division taking final action on this
permit application, and you will be informed of this final action.
The Division appreciates you submitting comments on this application. Your comments will be added to the official
permit application file for this project. Please feel free to contact me by phone [phone] extension 215), or email
([e-mail]) if you should have any additional concerns relating to this project.
Gregg
From: david killette <[e-mail]>
Sent: Wednesday, January 12, 2022 1:41 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Proposed Dock @ Bake Bottle and Brew
_. _Y-- :._.__._ _._.T..__.�..- . _ .._ -- _
'CAUTION: External email. Do not dick links or,open attachments unnlesles s you verify. Send -all suspiciousemail as anattachment to
'Report Spam. ... ,.
Hello Mr. Bodnar,
I have concerns regarding the dock proposed. My wife and I keep a twenty-one foot skiff in a slip at the dock owned by
Robert and Anne Shuller. I have used this area of the downtown waterfront for over twenty years. Due to the strong
tides and very consistent southern onshore winds most of the year, I have to pilot my skiff into the area of our slip at an
angle of about forty-five degrees, and the boat is "crabbing" in, at that. This is a very difficult shore to approach. The
proposed dock blocks this approach.
Also, I have concerns that the length and near proximity to the town's transient dock will prevent visiting boats twenty-
eight feet and longer from using the eastern half of the dock. I understand that this may void the conditions of the
federal grant the town of Swansboro received several years ago to build the dock. The dock would then become the
property of the landowner and citizens would have to pay back a grant of a half of a million dollars because the town
defaulted on the terms for grant funding for the dock.
Maybe a compromise is in order. A reduction in length of the addition to sixty feet total, would make navigation easier
for neighbors on both sides, be they private property owners or the citizens of the town as a whole.
Thank You for your consideration.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Mr. David Killette
Dear Mr. Killette,
NORTH CAROLINA
Environmental Quality
March 9, 2022
Sent by email to literdknot216na,gmail.com
This letter is intended to notify you, of the issuance of a CAMA Major Permit No. 22-22 for
proposed development by John Harnatkiewicz and Bake, Bottle and Brew, located at 147 Front
St., in Swansboro, in Onslow County. The authorized project consists of the expansion of an
existing docking facility to eleven slips. The proposed project has been determined to comply
with the Rules of the Coastal Resources Commission and as such, a permit has been issued to
authorize the development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: https•//deg nc gov/about/divisions/coastal-
management/coastal-management-permits/variances-anneals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at Christine.goebelAncdenr.gov
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM files
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.8082808

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Wednesday, March 9, 2022 11:49 AM
To:
david killette
Cc:
Goebel, Christine A; Weychert, Curtis R
Subject:
CAMA Permit Issuance Notification
Attachments:
22-22 Harnatkiewicz (BakeBottleBrew).docx.pdf, Killette (Harnatkiewicz-
Bake,Bottle&Brew).pdf
Morning Mr. Killette,
Please see above for notification of the issuance of CAMA permit #22-22 to John and Debra Harnatkiewicz.
Regards,
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.

Bodnar, Gregg
From:
Brownlow, Roy D
Sent:
Monday, January 10, 2022 3:26 PM
To:
Davenport, Ryan
Cc:
Howell, Jonathan; Bodnar, Gregg
Subject:
FW: [External] Proposed 11 slip marina in Swanboro
Have we received the application for the Bake, Bottle, and Brew proposal in Downtown waterfront in
Swansboro yet?
Please see below.
Thanks
From: Tim Simpson <[e-mail]>
Sent: Monday, January 10, 2022 11:49 AM
To: Brownlow, Roy D <roy.brown [e-mail]>
Subject: [External] Proposed 11 slip marina in Swanboro
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Mr. Brownlow,
My name is Tim Simpson and I am a 35 year resident of Swansboro. I am contacting you regarding a notice that was
briefly posted indicating the proposed 11 slip marina to be located at a business called Bake, Bottle, and Brew on Front
Street in downtown Swansboro.
For 20 years, my wife and I owned and operated TowBoatUS Swansboro and for the last 10 years, we have owned and
operated Lady Swan Boat Tours located at Fish House Docks on Front Street (commercial dock). I am giving you
background information so you will know that I have a very good understanding of not only the general area, but also I
have had many years of experience navigating the strong currents that run along the waterfront of our town.
Lady Swan Boat Tours runs two boats from the Fish House Docks — the LadySwon is a 40' inspected vessel USCG rated
for 42 passengers, and the Carolina Swan is a 27' inspected vessel USCG rated for 20 passengers. Throughout the
season, our boats are departing and returning from our dock many times daily.
I would like to request a scale drawing of the proposed dock to get a better idea of how it may impact my ability to
navigate to my dock. Already it is a very tricky maneuver to make even when the wind and current is in my favor. Also,
the Church Street Town Dock (on the other side of the proposed dock) can be challenging for boats entering and exiting
with its current configuration.
I would be glad to take you out on my boat any time it may be convenient for you and show you the concerns I have
with navigating my two boats to and from my dock. I believe it is a business concern for me as well as a safety issue for
my passengers.
Thank you for your time. Please contact me if you would like to get a hands on look or if you have any questions for me
Respectfully,
Tim Simpson

4 .ate
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Bake Bottle and Brew
John Hamatkiewicz
[e-mail]
Dear Ms. Harnatkiewicz,
NORTH CAROLINA
Envtronmenta(QuaNty
February 2, 2022
This letter is in reference to the application submitted for Bake Bottle and Brew, for a Coastal
Area Management Act Major Permit to undertake development activities to expand an existing
docking facility, in Onslow County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make Aprd 17, 2022 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone [phone] ext. 215) or e-mail ([e-mail]).
Cc: DCM files
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
I D_EQ�
o�.r uw.r.orei\
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

ft -ird1w,

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, February 2, 2022 8:22 AM
To: jack harnatkiewicz; work
Subject: RE: [External] 147 front st swansboro
Attachments: Harnatkiewicz (Bake Bottle and Brew) EXT.pdf
Morning Mr. Harnatkiewicz,
Please see above for the extension to the project. We are reviewing your reply to the objections and will let you know if
there are additional needs. Other than that we are still awaiting comments from the USACE and DWR.
Regards,
Gregg
From. jack harnatkiewicz <[e-mail]>
Sent: Thursday, January 27, 2022 1:35 PM
To: Bodnar, Gregg <[e-mail]>; work <[e-mail]>
Subject: [External] 147 front st swansboro
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Greg
I got a message you called today. Tried to reach you by phone but the line was busy.
The best way to contact me is my cell phone. [phone] or respond to this email.
Thanks
Jack Harnatkiewicz
Bake Bottle & Brew
147 Front St
Swansboro NC
910 787 3707
Sent from Mail for Windows

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Mr. Tim Simpson
Dear Mr. Simpson,
NORTH CAROLINA
Environmental Quality
March 9, 2022
Sent by email to ladyswantoursnn gmail.com
This letter is intended to notify you, of the issuance of a CAMA Major Permit No. 22-22 for
proposed development by John Harnatkiewicz and Bake, Bottle and Brew, located at 147 Front
St., in Swansboro, in Onslow County. The authorized project consists of the expansion of an
existing docking facility to eleven slips. The proposed project has been determined to comply
with the Rules of the Coastal Resources Commission and as such, a permit has been issued to
authorize the development. I have enclosed a copy of the permit modification for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: https•//deo nc lzov/about/divisions/coastal-
management/coastal-management-permits/variances-anneals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine Goebel by email at [e-mail]
Sincerely,
Gregg Bodnar
Assistant Major Permits Coordinator
CC: DCM files
DEQ Asst. GC Christine Goebel, via email
North Carolina Department of Envlranmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, March 9, 2022 11:47 AM
To: '[e-mail]'; Weychert, Curtis R
Cc: Goebel, Christine A
Subject: CAMA permit issuance notification
Attachments: Simpson (Harnatkiewicz-Bake,Bottle&Brew).pdf; 22-22 Harnatkiewicz
(BakeBottleB rew).docx.pdf
Morning Mr. Simpson,
Please see above for notification of the issuance of CAMA permit #22-22 to John and Debra Harnatkiewicz.
Regards,
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
GreRR.Bodnar@ ncdenr.Rov
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Tim Simpson
To: Bodnar. Greaa
CC: Wevchert. Curtis R: Goebel. Christine A
Subject: [External] Re: CAMA permit issuance notification
Date: Wednesday, March 9, 2022 6:29:45 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to sport Spam.
Thank you for the update.
On Wed, Mar 9, 2022 at 11:47 AM Bodnar, Gregg <grggg.bodnarnncdenr.gov> wrote:
Morning Mr. Simpson,
Please see above for notification of the issuance of CAMA permit #22-22 to John and Debra
Harnatkiewicz.
Regards,
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
Gregg.Bodnar ncdenngov
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.

Bake Bottle & Brew Dock Extension
John and Debra Harnatkiewicz
Swansboro (Onslow County)
Project Narrative
Introduction
John and Debra Harnatkiewicz are the owners of property located adjacent the White Oak River
at 147 Front Street in the historic downtown area of Swansboro. They propose to extend an
existing four -slip pier and add finger piers, platforms, tie pilings, and boatlifts to create an
eleven -slip marina. No dredging or upland work is proposed.
When complete, the project will provide temporary dockage for patrons of existing businesses
operating at the project site, dockage for proposed leased boat slips, and daily water
access/dockage for the residents of an existing single-family residence located on the property.
Site Description
The project site is in downtown Swansboro adjacent the White Oak River at the intersection of
Church and Front Streets. The Town of Swansboro zones the project area as B-2 HDO Historic
District Overlay and designates the area as an urban waterfront redevelopment area. The
historic downtown area is a National Registered Historic District. The existing structure on the
project site is not a contributing member of the historic district.
The adjacent riparian property to the east is a vacant lot with an existing pier owned by Robin
Hiott Spinks. The Town of Swansboro (Church Street) is the adjacent riparian property owner to
the west. A Town -owned pedestrian and visual waterfront access site with gazebo is located in
the street end.
Properties surrounding the project site support a mix of residential and commercial uses,
including restaurants, boutiques, and gift shops. Onslow Water and Sewer Authority (ONWASA)
provides central water and sewer service to the area.
In addition to the existing pier, the project site contains a mixed -use (commercial/residential)
wood frame building. Bake Bottle & Brew (a home brew shop, wine bar, ice cream parlor,
Bake Bottle & Brew
John and Debra Harnatkiewicz
Major CAMA Permit Application
RECEIVED
November 16, 2021 Page 1
NOV 18 :021
DCM-MHD CITY

coffee shop, bakery, and gift shop) operates on the first and second floors of the building. A
single-family residence is located on the top (third) floor of the building.
The project site has 60linear feet of shoreline and contains 4,356 square feet. Vegetation on
the site includes grass and landscape plants, as well as a fringe of coastal wetlands along the
waterfront. Approximately 70 square feet of coastal wetlands are shaded by the existing dock.
No additional wetlands will be shaded or otherwise impacted by the project. The site
topography is relatively flat, with an approximate elevation of + 5' above normal high water.
Other than a few oysters growing on the base of existing concrete pilings, no shellfish or SAVS
are observed at the site. The waters of the White Oak River at the project site are classified as
SC by the Environmental Management Commission and are closed to the harvesting of shellfish.
The White Oak River is 1050' wide at this location.
The Swansboro Side Channel and Basin (a federally maintained channel) is located adjacent the
project site. Existing Normal Low Water (NLW) depths in the project area range from 0.0' near
the shoreline to -13.3' at the waterward end of the proposed dock.
An official pier head line was adopted by the Town of Swansboro in May 2016 for the
downtown waterfront shoreline. The official pier head line mirrors the Federal Navigation
Channel Setback and has received concurrence from the US Army Corps of Engineers.
Project Description
The applicants propose to expand an existing four -slip fixed dock and add finger piers,
platforms, and tie pilings to provide dockage for a total of eleven boats. Boat lifts for five of the
slips are also proposed.
The existing fixed dock measures 7' x 86', with a fixed platform measuring 12' x 21'. An existing
fixed finger pier measures 4' x 23'. Two of the existing slips contain boat lifts. The lift for
existing slip 2 (See Existing Conditions Addendum) will remain. Pilings in conjunction with the
second existing lift and two additional existing tie pilings will also be removed, as indicated on
project plans (Addendum Existing Conditions for Clarification of Existing Boat Slips and Lifts).
Bake Bottle & Brew
John and Debra Harnatkiewicz
Major CAMA Permit Application
November 16, 2021
RECEIVED
Nov 18 [0^_i Page 2
DCM-MHD CITY

Proposed additions include a 71' long and 6' wide fixed dock extension, for a total proposed
pier length of 157'. Two new platforms are proposed: a fixed L-head platform measuring 9' x
21' and a floating platform measuring 5' x 25' at the end of the docking facility. Three new fixed
finger piers are proposed: one measuring 3.5 'x 10' and two measuring 3.5' x 20'. New boat
lifts, each measuring 12.5' x 12.5; are proposed for installation in proposed slips 4, 5, 6, and 7.
Cleats are proposed for installation on the floating platform to create slip 8, and on the main
dock for slips 10 and 11. Two new tie pilings are proposed in association with slip 9. Please see
project plan Sheet 1 of 1 Proposed Conditions.
A fixed sewer pump -out station is available at the Town -owned Church Street Dock, located
within 50' of the project site. The pump -out is available for use by the public.
The proposed dock extension, including associated platforms and tie pilings, does not encroach
into the federal channel setback and is compliant with the Town of Swansboro official pier head
line. At its closest point, the waterward end of the proposed docking facility will be
approximately 120' landward of the federal setback and Town of Swansboro Official Pier Head
Line.
Robin Hiott Spinks, adjacent riparian property owner to the east, has provided a waiver to the
15' riparian corridor setback. A copy of the waiver is enclosed at the end of this project
narrative.
The dock extension will comply with the 15' setback from the adjacent riparian corridor to the
west (Town of Swansboro). The proximity of the enlarged dock to adjacent docking facilities is
0' on the east and 47' on the west.
Construction Methods
Conventional marine construction methodology will be employed. A barge with pile -driving
equipment will be used for construction of the docking facility. The barge will be stored in deep
water.
Pre -Filing Meeting Request
In compliance with the Clean Water Act Section 401 Certification Rule, a Pre -Filing Meeting
Request for this project was submitted to the NC Division of Water Resources (NC DWR) on
Bake Bottle & Brew
John and Debra Harnatkiewicz
Major CAMA Permit Application RECEIVED
November 16, 2021 Page 3
NOV 18 2021
DCM-MHD CITY

September 13, 2021. On October 14, 2021 NC DWR responded that the request had reached
the 30 calendar - days requirement and that the permit application could be accepted. Included
in this application is a copy of the DWR Pre -Filing Meeting Request Form that was submitted to
DWR and the email confirming that the pre -filing time clock was reached.
The project proponent hereby certifies that all information contained herein is true, accurate,
and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on
the CWA 401 certification request within the applicable reasonable period of time.
Bake Bottle & Brew
John and Debra Harnatkiewicz
Major CAMA Permit Application RECEIVED
November 16, 2021 Page 4
NOV 18 2021
DCM-MHD CITY

Bodnar, Gregg
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Mr. Simpson:
Brownlow, Roy D
Tuesday, January 11, 2022 2:01 PM
Tim Simpson
Bodnar, Gregg; Howell, Jonathan; Cannon, Amanda J
RE: [External] Proposed 11 slip marina in Swanboro
Plahs.pdf
High
Hope this finds you doing well.
Your concerns as stated below in your 01/10/2022 email will be placed with the application file for the
CAMA Major Development Permit. During the plan review, your concerns will be carefully taken into
consideration. The plan is currently being circulated for review by other State and Federal coastal
resource and environmental agencies. The plans on file are large sheet documents and the office does
not have the means to copy them for you. However, please find attached a digital PDF image of the
proposed development. You may also come by the office to see the plans and application file.
Please let me know if I can be of further assistance. You may also contact the Assistant Major Permits
Coordinator, Gregg Bodnar, for further assistance at Gregg.Bodnar6a.ncdenr.gov or at 252,808.2808.
Best regards,
Roy Brownlow
District Manager, Division of Coastal Management
North Carolina Department of Environmental Quality
252.725.2683 (mobile) 252.808.2808 ext 217 (Office)
Roy. Brown lowta7ncdenr.gov
Email correspondence to and from this address is subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Tim Simpson <[e-mail]>
Sent: Monday, January 10, 2022 11:49 AM
To: Brownlow, Roy D <[e-mail]>
Subject: [External] Proposed 11 slip marina in Swanboro
CAUT16WExternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
(Report Spam.

Mr. Brownlow,
My name is Tim Simpson and I am a 35 year resident of Swansboro. I am contacting you regarding a notice that was
briefly posted indicating the proposed 11 slip marina to be located at a business called Bake, Bottle, and Brew on Front
Street in downtown Swansboro.
For 20 years, my wife and I owned and operated TowBoatUS Swansboro and for the last 10 years, we have owned and
operated Lady Swan Boat Tours located at Fish House Docks on Front Street (commercial dock). I am giving you
background information so you will know that I have a very good understanding of not only the general area, but also I
have had many years of experience navigating the strong currents that run along the waterfront of our town.
Lady Swan Boat Tours runs two boats from the Fish House Docks — the Lady Swan is a 40' inspected vessel USCG rated
for 42 passengers, and the Carolina Swan is a 27' inspected vessel USCG rated for 20 passengers. Throughout the
season, our boats are departing and returning from our dock many times daily.
I would like to request a scale drawing of the proposed dock to get a better idea of how it may impact my ability to
navigate to my dock. Already it is a very tricky maneuver to make even when the wind and current is in my favor. Also,
the Church Street Town Dock (on the other side of the proposed dock) can be challenging for boats entering and exiting
with its current configuration.
I would be glad to take you out on my boat any time it may be convenient for you and show you the concerns I have
with navigating my two boats to and from my dock. I believe it is a business concern for me as well as a safety issue for
my passengers.
Thank you for your time. Please contact me if you would like to get a hands on look or if you have any questions for me.
Respectfully,
Tim Simpson
Owner/Operator Lady Swan Boat Tours

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: 1,704 n C114 1 r Ufa rv� a7L�/euJ r z
Mailing Address: /q% En),7 4-
//�u o,*75 barn. _ 4j ;� 8S8'el
Phone Number: l��„1 r%� 7— 413d
Email Address: aa, ee
I certify that I have authorized )- g4-4k:.
ent I Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: (0� oc% ir`rrr�`ndt`rran�s
at my property located at i V7 rreh;`- Sfre e 14
in &Sldid County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Info rn tion:
40,
✓vLcL
Signature
CAY) 9ay 61 ;f kI-el ICGL
Print or Type Name
C(✓n/yr
7-ttle
—L 1,23 Ial
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Date
This certification is valid through 7 I.Z3 / .ZZ
RECEIVED
NOV 18 2021
DCM-MHD CITY

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL -RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property 4 Owner: Jen ( ha�Irg- ebr _ _ Wi[2
Address of Property: I 7 F -,o f S><r+r
Mailing Address of Owner: Y 7 I ra-,7` e e -A , L. _ _ N e d $ y— c/,!
Owner's email: J. Ili. 4 Al Law, , ail Owner's Phone#: A1910) 79_9 q;34 3
Agent's Name: i?Svn Agent Phone#: 61?5,2 1 a54o- 9�
Agent's Email: _ K k-., 6
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adiscent Property Ownerl
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing.
descriotion or drawingwith dimandnna .:_ ,_..__
I DO NOT have objections to this proposal. I DO have objections to this proposal.
n you have objections to what Is being proposal, you must noW the N.C. Division o stal
Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be
malled to 400 Commerce Ave., Morehead City, NC 28557. DCM reprmientsWes can also be contaeted
at [phone]. No response Is considered the same as no objection If you have been notified by
Certified Mall.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or romp revetments), (If you wish.to waive the setback, you must elan
the appropriate blank below.)
I DO wish to waive some/all of the 15- setback
-OR-
I do not wish to waive the 15' setback requirement (initial the
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Mailing Address ofARPO: ai/3 5edOrra1- 7).16_ /.iQj�s�•(/r°�*ay,d/C a841'rc
ARPO's smell: CCltni e.l.4J tv o C +K)'"k rARPO's Phone#: 'I A:, 4) } - 7544
Dab: -
*waiver is valid for up to one year from ARPO's Signature*0 I Gad) /%/ R�cEt�D Revised May 2021
''
NOV 18 Z021
DCM-MHD CITY

USPS TRACKNG #
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aIs-81

COASTAL PLANNING SERVICES, INC
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827
Morehead City, NC 28557
November 16, 2021
Ms. Robin Hiott Spinks
213 Seacrest Drive
Wrightsville Beach, NC 28480
Re: Major CAMA Permit Application
John and Debra Hamatkiewicz
Dear Ms. Spinks:
Office 252.354.4916
Fax [phone]
Coastal Planning Services, Inc. is providing CAMA permitting assistance to John and Debra Hamatkiewicz for
additions to an existing docking facility at 147 Front Street in Swansboro, NC. Proposed improvements include a
dock extension, construction of new platforms and forger piers, addition of boat slips, and installation of boat lifts.
A Major CAMA (Coastal Area Management Act) permit will be required to build the project. CAMA requires that
adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be
provided to the neighbors to comment or object to the proposal. As the owner of an adjacent riparian property, we
are notifying you of the proposed plans. We appreciate the waiver you previously provided for this project but must
also notify you of the final plans by certified mail.
Enclosed with this letter are copies of the permit application and plats.
this notice. You may reach DCM at the following address and phone
Mr. Ryan Davenport
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Telephone: [phone]
No action on your part is required if you have no comments or objections. No response is considered the same as no
objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information
regarding the project.
Sincerely, /
`; / a
KathyB. Vinson, AICP RECEIVED
Enclosures
NOV 18 2021
DCM-MHD CITY

■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front if space permits.
A. Signature
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0. Received by (Printed Name)
C3Agent
❑ Addressee
C. Date of Delivery
1. Article Addressed to:
D. Is deliveryaddress dI ferent from Rem 1? ❑ Yes
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RECEIVED
NOV 18 2021
DCM-MHD CITY

COASTAL PLANNING SERVICES, INC
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Fax [phone]
November 16, 2021
Ms. Paula Webb, Interim Town Manager
Town of Swansboro
601 W. Corbett Ave,
Swansboro, NC 28584
Re: Major CAMA Permit Application
John and Debra Hamatkiewicz
Dear Ms. Webb
Coastal Planning Services, Inc. is providing CAMA permitting assistance to John and Debra Hatnatkiewicz for
additions to an existing docking facility at 147 Front Street in Swansboro, NC. Proposed improvements include a
dock extension, construction of new platforms and finger piers, addition of boat slips, and installation of boat lifts
CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an
opportunity be provided to the neighbors to comment or object to the proposal. As the owner of an adjacent riparian
property, we are notifying the Town of Swansboro of the proposed plans.
Enclosed with this letter are copies of the permit application and plats. If You have objections or comments
regarding the proposal. please write or call the Division of Coastal Management (DCM) within 30 days of receipt of
this notice. You may reach DCM at the following address and phone number:
Mr. Ryan Davenport
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Telephone: [phone]
No action on your part is required if you have no comments or objections. No response is considered the same as no
objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information
regarding the project.
Sincerely,
Kathy B. Vinson, AICP
Enclosures
RECEIVED
NOV 18 2021
DCM-MHD CITY

IIIYIIIIIIIUIINNIIINUnIted States
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RECEIVED
NOV ) 8 2021
DCM-MHD CITY

14
PaOP 1 of 5
Page 1 of 5
Type: CONSOLIDATED REAL PROPERTY
Recorded: 1/912017 10:23:18 AM
Fee Amt: $1,826.00 Page 1 of 5
Revenue Tax: $1,800.00
Onslow County, NC
Rebecca L. Pollard Reg. of Deeds
BK 4562 PG 278 - 282
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $1 , 800. 00
Parcel Identifier No. 015387, 020984 Verified by County on the r day of , 20_
MaiVBox to: John E Tantum PA.604-C Cedar Point Blvd Ceder Point NC 28584
This instrument %vas prepared by: John E T"naunn PA 604-CC-edar Point Blvd Cedar Point NC 18584
Brief description for the Index: LOT on Front St Swansboro 60 ft frontaae
THIS DEED made this !at day of January 2017 . by and behveen
DONALD WAVNE SUGGS and Wife
DEBORAH LYNN SUGGS
547 RIVERVIEW AVENUE
STUART, FL 34994
GRAMIJII;
JOHN CHARLES HARNATKIBWICZ and wife
DEBRA SUE HARNATKIEWICZ
147 FRONT STREET
SWANSBORO,NC 28584
Enter In appropriate block for each Grantor and Ora itee: name, mailing address, and, if appropriate, character of entity, e.g.
corporation or partnership.
The designation Grantor and Grantee as used herein shall Include suidpartlea, dteirheirs, successors, and assigns, and sballincludeslagtdar,
plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable censiderationpnid by the Grantee, thereceipt of whichis hereby acknowledged, has and by
these presents does grant, bargain, sell and convey unto the Grantee Info* simple, all drat certain lot, parcel of land or condominium unit
situated in the City of ^ SIVANSBORO SW SB�ORO Township, ONSLOW Counl,
Noah Carolina aad more' particularly described as follows:
RECEIVED
See Exhibit A and B attached
NOV 18 2021
The property lieninaboyedescaibed was acquired byGrAnt0fbY Instrument recorded III Book— .186D page 580 M-MHD CITY
All or a portion of the property herein conveyed _ includes or X does not include the primary residence of is Grantor.
A snap showing the above described property is recorded in Plat Book 31 page 65
Pawn 1 er2
NC Dar Associadoa Form No. 3 ®197C Revised ®1977, 2002, 2013 This sundard form has been approved by.
Noted by Agreement with the NC Bnr Association -1931 North Camuut Bar Association —NC BUForm Na 3
submitted electronically by "John E. Tantum, PA"
in compliance with North Carolina statutes gov,�rnipg r dtUe doig t
and the terms of the submitter agreement with tA�t£ds4i�oNsBSeApgYSkErbarow*.278 Seq: 1
Book: 4562 Page: 278 Page 1 of 5 Book: 4562 Page, 1977-Current: 278 Seq:

Page 2 of 6
' Page 2 of 5
TO HAVI3 AND TO HOLD the nforesaid lot or parcel of land nod all privileges and appurtenances thereto belonging to the Grantee in feo
simple.
And the, Grantor covenants with the Grantee, that Grantor is seized of the promisor in feo simple, has the right to convey the saute in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defeud the title against the lawRd
claims of all persons whomsoever, other than the following exceptions:
IN WITNESS WHBREOP, the Grantor has duly executed the foregoing no of t al#y and year first, above written.
(Entity Names) Print/Type
Print/Type Name &'Pinta: Printrrype
PrinVrype Name & Title; Pretrfype Name:
By: _ (SEAL)
Print/Type Natne & Tltlo: Printrrype Name:
Soto of Florida - Couuty or City of M&rAztiri
I, the undersigned Notary Public of the County or City of MAg. t i N and State aforesaid, certify that
Donald Wayne Snags and Deborah Lynn Suggs personallyappearedheforotnothisdayandacknowledged thedue
execution of the foregoing instrmtent for Cho purposes therein expressed. Witness my baud and Notarial stamp or seal this _� day of
t Ctn„tCf4 ,2
/-e`o`;N`""tee"r ,, GISFLblic WENSIEg
v '" _ : ��olary Public - Stato at ftorida
MyCommisslionExpires: f' s.Aommisadoo0FF969245 GISeto- 1-aytiwev-s,e_IC Notary Public
(Affix Seal) Hu$ a-r , wzo -.,, ..,,,�c(:•° MY Comm. Expires Aup 27, 2020 Notaty'sPrinted or Typed Name
State of - County or City of
I, the undersigned Notary public of the County or City of and State aforesaid, certify that
personnlly appeared before me this dayand acknowledged the due
execution of the foregoing instrument for the purposes theroin expressed. Witness any hand and Notarial stninp or seat this — _ day of
20_.
My Conndsslon Expires:
(Affix Seal)
Notary's Printed or Typed Natuo
Public
State of - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify flint
persoaally'eaute bafolviah'this day and acknowledged that
_he is the of a North Carolina or
corporntion/lintited liability companylgenordl partnership/limited partnership (strike through the
inupph'cuble), and dint by authority duty given and as the act of such wttity, he signed the fotal iag Instnutlent in its name on Its
behalf as its act and deed. Witness my hand and Notarial stamp or seal, this —day of , 20
My Conunission Expires:
(Affix Send)
Pass 2 of 2
NC Bar Association Perm No. 34)1976, Rovlwd 61977, 2003, 2013
Printed by Agreement with dtoNC Bar Assoclatian-1981
RECEIVED
Nov 18 202,
Book: 4562 Page: 278 Page 2 of 5
DCM-MHD CITY
Public
Notaty's Printed or Typed Native
Ibis standard form Cis been approved by:
North Carolina Bar Association —NC Bar Fmm No. 3
Book: 4562 Page, 1977-Current: 278 Seq: 2
Book: 4562 Page, 1977-Current: 278 Seq: 2

I Page 3 of 5
Page 3 of 5
EXHIBIT A
BEING all that lot having sW (60) feet of frontage adjoining Front Street, as shown on map entitled "Survey for
Cynthla L. Allen, Swaneboro, Onslow County, North Carolina," prepared by Charles A Rawls and Associates,
dated June 10, 1994 and recorded in Map Book 31, Pago 65, Onslw County Registry, reference to said map
being hereby made for a more complete and accurate description.
PARCEL 015587
RECEIVED
NOV 18 2021
DCM-MHD CITY
(7102,PFD1710211)
Book: 4562 Page, 1977-Current: 278. Seq: 3
Book: 4562 Page: 278 Page 3 of 5 Book: 4562 Page, 1977-Current: 278 Seq: 3

Page 4 of 5
• Page 4 of 5
EXHIBIT B
•A one --third interest in property described below and conveyed in
Book 2894, Page•303 Onslow County Registry,
That certain tract or parcel Mond lying and being In Onslow County, North Carolina, and more particularly described
as follows:
BEING a sand Island made up of spot lying In White Oak River Ina soulherly direction from the Town of Swansboro,
North Carolina, and beginning at a stake on the northeastern pert of an Island and the location which has a range of
South 27-3o West 910 feet from the southwestern corner of the bulkhead of the old highway bridge; and runs thence
sournd the eforementoned Island at the ordinary high water mark the following courses and distances:
Seth 8.00 west 176 feet;
thence South 52.OD West 81 feet;
thence South 63.30 West 128 feet;
thence North 77-15 wenl225 feel;
thence south 88.30 west 55 feet;
thence South 71.00 West 100 feet;
thence North 12 East 82 feet;
thence North 40 East 78 feel;
thence North 30.30 East 79 feet;
thence North 52-30 East 180 feel; and
thence South 73.30 East 282 fool to the beginning; and being the some property conveyed by the Stale of North
Carolina In Book 322, page 71, Onslow County Registry end to Grantors In Book 2801. pages 780-708, said
descrtptlons being Incorporated herein by reference.
PARCEL 020984
RECEIVED
NOV 18 2021
DCM-MHD CITY
Book: 4562 Page, 077-Current: 278 Seq: 4
Book: 4562 Page: 278 Page 4 of 5 Book: 4562 Page, 1977-Current: 278 Seq:

Paga5 oM
Page 5 of 5
Tax Certification Form
(Check One Box)
Q This certifies that there are no delinquent ad valorem taxes, or other
taxes which the Onslow County Tax Collector is charged with
collecting, that are a lien on:
Parcel Identification Number:
015587, 020984-JOHN CHARLES HARNATKIEWICZ & DEBRA
SUE HARNATKIEWICZ
This is not a certification that this Onslow County Parcel
Identification Number matches the deed description,
No certification required, as attorney statement that any delinquent
taxes will be paid from closing proceeds is included on first page of
deed.
Balance due on account. It must be paid to Onslow County Tax Collector
within 5 days of closing.
QY+N+yaaWv.�ra6Cex
Valeria B Cox'
I ae..z�wni.aa�ea oxm
Tax Collections Staff Signature
01109/2017
Date
RECEIVED
NOV 18 2021
DCM-MHD CITY
This parcel may have deferred taxes which become due upon transfer of the
property. Call the Tax Office, Land Records Division at 910-989-2204 for
more information.
234 NW corridor Blvd +Jacksonville, North Carolina +28540 • Phone: (910) gB9-2200 • Fax: [phone]a + OnslowCountyNC.gov/tax
Book: 4562 Page, 1977-Current: 278 Seq: 5
Book: 4562 Page: 278 Page 5 of 5 Book: 4562 Page, 1977-Current: 278 Seq: 5

ROY COOPER
Qownnr
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
011ertor
Bake, Bottle and Brew
C/O Kathy Vinson
PO Box 827
Morehead City, NC 28557
Dear Ms. Vinson:
NORTH CAROLINA
Environmental Quality
12/15/21
The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval
for development in Bogue Sound. The complete package was received on 11/18/21. The projected deadline
for making a decision is 2/1/21. 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 11/18/21, 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,
J. Ryan Davenport
Coastal Management Representative
Enclosure
cc: Jonathan Howell, Major Permits Coordinator
Roy Brownlow, District Manager/Compliance Coordinator
TM D_EQR>
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.8082808

'117
NOTI(soo j
CAMA PERMIT
APPLI
PROJECT:
G FOR
COMMENTS ACCEPTED THROUGH
FOR MORE DETAILS CONTACT

Coastal Management
ENVIRONMENTAL QUALITY
Jacksonville Daily News
Re: Public Notice —City of Jacksonville/Onslow Co.
Dear Sir:
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
NllttYul'
12/15/21
Please publish the attached Notice in the 12/19/21 issue of the Jacksonville Daily News.
The State Office of Budget and Management require an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to NC Division of Coastal Management, 400 Commerce Avenue,
Morehead City, North Carolina 28557, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office.
Sincerely,
J. Ryan Davenport
Coastal Management Representative
Enclosure
cc: Roy Brownlow, District Manager
Jonathan Howell, Major Permits Coordinator
Stale of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave j Morehead City, NC 28557
252 8082808

NOTICE OF FILING OF APPLICATION FOR CAMA
The Department of Environment and Natural Resources hereby gives public notice as required
by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental
Concern as designated under the CAMA was received on 11/18/21. According to the
application, the Bake, Bottle and Brew applied to construct a marina at 147 Front St. in
Swansboro. A copy of the entire application may be examined or copied at the office of Roy
Brownlow, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead
City, NC, [phone] during normal business hours. Comments mailed to Braxton C. Davis,
Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557,
prior to 1/8/22 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 this matter will be provided upon written request.
PUBLISHED ON: 12/19/21
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808

Kathy Vinson
From: [e-mail]
Sent: Thursday, October 14, 2021 12:01 AM
To: [e-mail]
Subject: Pre -Filing Time Clock has been reached for Bake, Bottle, and Brew Dock Extension -
Ver
Attachments: DWR Pre -Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Bake, Bottle, and
Brew Dock Extension that you submitted on 9/13/2021.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be
accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
Internal Use only. Non Transportation
RECEIVED
NOV 18 2021
DCM-MHD CITY

n..
DWR Pre -Filing Meeting Request Form
-m. ,.;.
Contact Name" Kathy Vinson
Contact Email Address" [e-mail]
Project Owner" John and Debra Harnatkiewicz
Project Name" Bake, Bottle, and Brew Dock Extension
Project County* Onslow
Owner Address:" Sheet Address
147 Front Street
Address Line 2
city State I Province I Region
Swansboro NC
Postal / Zip Code Country
285M USA
Is this a transportation project?* Yes No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Individual Permit Modification
Shoreline Stabilization
Does this project have an existing project ID#?*
Yes No
Do you know the name of the staff member you would like to request a meeting with?
Holley Snider
RECEIVED
NOV 18 2021
DCM-MHD CITY

Please give a brief project description below and include location information. *
John and Debra Harnatkiewicz are the owners of property located adjacent the White Oak River at 147 Front Street in the
historic downtown area of Swansboro, Onslow County, North Carolina. An existing multi -slip pier at the site extends 73' into
the White Oak River. The owners propose to extend the existing dock an additional 79' and add platforms, finger piers, and
tie pilings to accomodate a total of 11 slips as shown on the attached plan. No upland development or dredging is
proposed.
The Swansboro Side Channel and Basin (a federally maintained channel) is located in the White Oak River adjacent the
project site. Normal Low Water (NLW) depths at the project site range from - 0.0' near the shoreline to -13.0' at the
waterward end of the proposed docking facility.
A few scattered oysters are found near the shoreline.The waters of the White Oak River at the project site are classified as
SC by the Environmental Management Commision and are closed to the harvesting of shellfish. The proposed dock
extension does not encroach into the federal channel setback and is compliant with the official pier head line for the
downtown waterfront shoreline adopted by the Town of Swansboro in May 2016. The official pier -head line mirrors the
Federal Navigation Channel Setback and received concurrence from the US Army Corps of Engineers.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.
I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting
location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you
can submit an application.
Signature *
�ac�y (Y
Submittal Date 9/13/2021
RECEIVED
NOV 18 2021
DCM-MHD CITY

COASTAL PLANNING SERVICES, INC.
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827
Morehead City, NC 28557
November 17, 2021
Mr. Ryan Davenport
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit Application
John and Debra Harnatkiewicz
Bake Bottle & Brew
Dear Ryan:
Office 252.354.4916
Fax [phone]
Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of
John and Debra Harnatkiewicz for improvements to an existing dock located at 147 Front Street adjacent
the White Oak River in Swansboro. Mr. and Mrs. Hamatkiewicz propose to extend an existing dock, and
add slips, boatlifts, platforms, and finger piers to the docking facility.
Coastal Coast Engineering, PA check #6528 in the amount of $400.00 for the permit application fee is
also enclosed. The adjacent riparian property owners have been notified of the project plans by certified
mail. Copies of the certified mail receipts are included; when returned by the Post Office, the green card
delivery receipts will also be submitted to you. I will provide the additional required large -format copies
once your review is complete.
Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or
need additional information. I look forward to continuing to work with you on this project.
Sincerely,
Kathy B. Vinson, AICP
Enclosures
RECEIVED
NOV 18 202,
DCM-Ml,ly CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 17, 2021
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
greoo.bodnarna NCDENR.gov
SUBJECT:
Applicant: Bake, Bottle, & Brew
Project Location: Swainsboro, Onslow County
Proposed Project: 11 Slip Marina
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by January 94' 20221 If you have any
questions regarding the proposed project, contact Ryan Davenport 252-808-2808.
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**
PRINT NAMV
AGENCY
DA, T9
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.
D Q�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.80 .2808

DCM Coordinator: Gregg Bodnar
Applicant:
Distributed Yes® No ❑
Distribution Date:
L I,- k a I �a �
AGENCY
WIRO
WARO
LPO
jVk' kq)W oQsY
Rachel Love Adrick MHC
Rachel Love Adrick Washingon
DCM Planner Mike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
Raleigh Bland (Beaufort Camden, Chowan,
(Carteret Onslow, Pender)
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Jordan Jessup (TBD)
Josh Peletier — (Bertie, Currituck, Dare, Gates,
Greg Curry (TDB)
Pamlico, Pasquotank, Washington)
US COE (NC DOT)
(Brunswick, New Hanover)
DOT - Tom Steffans — (Beaufort, Carteret,
DOT Brad Shaver
Craven, Pamlico
(Brunswick, New Hanover, Onslow,
Pender)
Community Assistance
Mark Zeigler (Onslaf, Pender, New
Hanover, Brunswick)
Lee Padrick (Beaufort Carteret Craven, Eliz
Lee Padrick (Beaufort Carteret Craven
City, Pamlico, Washington)
Eliz City, Pamlico, Washington
Cultural Resources
Renee Gledhill -Earley
Renee Gledhill -Earley
Div. of Water
Infrastructure Heidi Cox
Clif Whitfield
Marine Fisheries Kimberlee Harding
Ammy Harrison
NC DOT
vid Harris
David Harris
Shellfish Sanitation
AMwnon Jenkins & Sharon Gupton
Shannon Jenkins & Sharon Gupton
State Property Tim Walton & Mike Moser & Wanda
Tim Walton & Mike Moser & Wanda Hillard
i Hillard
DEMLR/DWR:
Sheri A. Montalvo/Shelton Sullivan
Sheri A. Montalvo/ Shelton Sullivan
(NC DOT)
Kristy Lynn Carpenter
Kristy Lynn Carpenter
DEMLR
Sediment & Erosion
DanSams Sami Dumpor
Storm water
CHall ,1j Roger Thorpe
hristine
DWR 401
Holley Snider (Carteret New Hanover Anthony Scarbraugh
Onslow, Pender,)
Chad Coburn (Brunswick)
(NC DOT)
Joanne Steenhuts Brunswick, New Garcy Ward
Hanover, Onslow, Pender
WRC
spria Dunn (WARD)
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program a
Rodney Butter
Rodney Butter

Major CAMA Permit Application
Bake Bottle & Brew
John and Debra Harnatkiewicz
147 Front Street
Swansboro, North Carolina
November 2021
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, North Carolina 28557
Telephone [phone]
[e-mail]
[e-mail]

Table of Contents
Bake Bottle & Brew
John and Debra Harnatkiewicz
Major CAMA Permit Application
November 2021
Contents
Application Documents
DCM MP— 1 Application
DCM MP — 4 Structures
Project Narrative
Introduction
Site Description
Project Description
Construction Methods
Pre -Filing Meeting Request
Adjacent Riparian Property Owner Waiver
Robin Hiott Spinks —October 9, 2021
Agent Authorization
Property Deed
Notices to Adjacent Riparian Property Owners
Robin Hiott Spinks
Town of Swansboro
Project Plans
Sheet 1 of 1 Proposed Conditions
Addendum: Existing Conditions for Clarification of
Existing Boat Slips & Lifts
RECEIVED
NOV Is 2021
DCM-MHD CITY

P46Iti06
MAJOR PERMIT FEE MATRIX * 65a?-
Applicant: {'{� kie &±Uf, 4- Bay) 0H4rr10A; i j c z, jd %)
Type
Fee
DCM %
DWQ %
(14300 1601 4351000931625 6253)
(24300 1602 435100095 2341)
ate, non-commercialopment
that does not
$250
100%($250)
0%($0)
e the filling oration
Hj#Fe0e0evelopment
of any wetlandsen
water areas:blic
or commerciallopment
that does not
$400
100%($400)
0%($0)
e the filling oration
of any wetlandsen
water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (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
life:
III(D). If General Water
Quality Certification No.
$40
60% ($240)
40% ($16
Paquatic
4097 (see attached) cannot
be applied:
IV. For development that
rEll
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas:

NC Division of Coastal Management
Cashier's Official Receipt
-TRD
Received From:CrV 40 I oa(s f Eel 11fae iinQ
Permit No.: ► uu'' l j ` a nr JJ J
Applicant's Name: ki t �I� RCAJ
Project Address: r--i fro%f S : 3.Aa t c bar -a
16716A B(f)D
Date: /v 20 'P/
CheckNo.: (62&
County:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
Date:
Date: Saki

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

August 6, 2022

Regulatory Division

Action ID No. SAW-2022-00073 and State Permit No.22-22

Mr. John Harnatkiewicz
Mrs. Debra Harnatkiewicz
Bake Bottle & Brew
147 Front Street
Swansboro, NC 28584

Dear John and Debra Harnatkiewicz:

Reference your application for a Department of the Army permit to construct an 11-slip
marina adjacent to an existing retail building along the White Oak River, at 147 Front Street in
Swansboro, Onslow County, NC.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2026.

Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, email: [e-mail].

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office
-2-

Enclosures:

CAMA permit No. 22-22
Plans dated 7/12/2021;Revisions 11/9/2021 and 11/14/2021
GP 291 conditions

Electronic copies Furnished:

Costal Planning Services, Inc; Ms. Kathy Vinson
NOAA/NMFS; Dr. Pace Wilber/ Ms. Twyla Cheatwood
NCDEQ/DCM; Mr. Gregg Bodnar/ Ms. Amanda Cannon
NCDEQ/DWR; Mr. John Perry
USFWS; Mr. Pete Benjamin
USEPA; Mr. Todd Allen Bowers
USCG; BOSN4 Mr. Paul Bertram

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
Crystal Coast Engineering, P.A.
Civil and Environmental Consulting Engineers
David K. Newsom, PE
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