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HomeMy WebLinkAbout37-22 Jolly Rogers Restaurant (Silver Lake Property LLC)Permit Class Permit Number NEW 37-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Silver Lake Property LLC., 448 Springvale Rd., Great Falls, VA 22066 Authorizing development in Hyde County at adj. to Silver Lake, at 410 Irvin Garrish Hwy, in Ocracoke , as requested in the permittee’s application dated 8/30/21 (MP-1,2,4) and 7/26/21 (MP-3), incl att workplan drawings (4), Sheet 1 of 1 dated “5/4/16”, Pages 2,3 dated 8/11/21 and Page 4 dated 9/7/21. This permit, issued on April 13, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Upland Development within Urban Waterfront 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the demolition of the existing building and pavilion, and the construction of the building and pavilion and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. (See attached sheets for Additional Conditions) Silver Lake Property LLC. Permit No. 37-22 Page 2 of 4 ADDITIONAL CONDITIONS Docking Facility Expansion 2) This permit authorizes only the dock and jet ski lifts and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 3 formalized boat slips. 6) The covered deck and the dock and associated structures shall have a minimum setback distances of 15 feet between any parts of the structures and the adjacent property owner’s area of riparian access. 7) 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. 8) 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. Shoreline Stabilization – Bulkhead 9) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 10) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 11) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 13) The bulkhead shall be constructed prior to any backfilling activities. Silver Lake Property LLC. Permit No. 37-22 Page 3 of 4 ADDITIONAL CONDITIONS 14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 15) This permit does not authorize any excavation waterward of the approved alignment. 16) The fill material shall be clean and free of any pollutants except in trace quantities. 17) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 18) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 20) 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. 21) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 22) 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. 23) 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. 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-00247). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 2021-0241. Silver Lake Property LLC. Permit No. 37-22 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 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 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. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Jolley Rogers Pub and Marina 436 Springvale Road Great Falls VA, 22066 NORTH CAROLINA Environmental Quality Dear, Mr. Chan The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the property located SR 12,410 Irvin Garrish Highway Ocracoke, Hyde County North Carolina, and appears to be adequate for processing at this time. The projected deadline for making a decision is 20 February 2022. 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. Shane Staples, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948- 3950 or via email at Shane.Staples(&ncdenr.gov if you have any questions. If this agency does not render a permit decision within 70 days from 7 December 2021, 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. Q North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall l Washington, North Carolina 27889 �.n•�m>i e•.n.�m•iw•m� /`� 252.946.6481 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, Shane F. Staples Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARO Hyde County LPO Estatespale / Cohen construction Co. �UMP North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 252,946.6481 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Jolly Rogers Restaurant (Hae-Chan Park) COUNTY: Hyde PROJECT NAME: Jolly Rogers Restaurant LOCATION OF PROJECT: 410Irvin Garrish Highway Ocracoke NC 28462 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-7-21 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Staples DISTRICT OFFICE: Wa hington DISTRICT MANAGER REVIEW: Date iy 2e� B) DATE RECEIVED BY MAJOR PERM S UNIT: FEE REC'D: $400 (60140) # 1452 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-12-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 2-20-22 HOLDS: EMAIL OUT DATE: 12-8-21 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 1-1-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR— Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF— Shellfish Section DMF — Habitat & Enhancement DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Coastland Times P.O Box 400 Manteo, NC 27954 NORTH CAROLINA Environmental Quality Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 12 December 2021 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires 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: Keri Sparks NCDEQ COASTAL MANAGEMENT DIVISION 943 Washington Sq. Mall Washington NC 27889 252-948-3820 Keri.Sparks e,ncdenr.gov Thank you. Sincerely, Keri Sparks, Administrative Assistant II Division of Environmental Quality Division of Coastal Management ATTACHMENT Cc: File North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 wrrry rwaa�w. owe.nauw�Wa.ro 252.946.6481 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. I I3A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 07 December 2021. According to the said application submitted by Jolley Roger Restaurant Hae-Chan Park — proposes to tear down and rebuild a restaurant, within existing footprint, replace 40ft of existing bulkhead and construct a pier parallel to this bulkhead with jet - ski lift. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 1 January 2022 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Shane F. Staples Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3950 Please publish on: 12 December 2021 North Carolina Department of Environmental Quality I Dlvislon of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 NOR1M D - /z' 252,946.6481 Jolly Rogers Restaurant Ocracoke Island — Silver Lake Hyde County Proiect Settin The project site is located at 410 Irvin Garrish Highway on Ocracoke Island adjacent to Silver Lake. A restaurant with a pier/docking facility have been operated at the location for a number of years until damage from Hurricane Dorian cause it to close. The shoreline of the property is stabilized with a mixture of rip -rap and bulkhead, an existing pier 6' x 65' with platform approximately 22.5' x 25.5', and upland development consisting of the main restaurant building and separate "pavilion" landward of the bulkhead. The main restaurant and pavilion are entirely within the CAMA 30' buffer and non -conforming to use standard described in 15A NCAC 07H. 0209(d) (10). The restaurant portion of the building includes a portion of covered platform 42' wide and an average of 7' waterward of normal water level (NWL) used for seating structure that is non -conforming with the use standard described in 15A NCAC 07H. 0208(a)(1). The remainder of the property has a sand/gravel parking area between the buildings and Irvin Garrish Hwy. Adjacent properties include and waterfront access for a residential property on the right and a commercial fish house on the left. Water depths in the project area along the bulkhead and existing rip -rap range from -3 to -4' at NWL, no SAV or shellfish resources were noted in the project area. Silver Lake in the project location is classified estuarine waters closed to shellfish harvest by the Marine Fisheries Commission and classified SC by the Environmental Resources Commission. Proiect Description The applicant is proposing to tear down the existing restaurant, which included the non- conforming covered seating area, and pavilion structures as well as a section of dock parallel to the restaurant. Then the applicant will replace the existing 40ft of bulkhead in the area of the pavilion 2' waterward from its current location and rebuild the restaurant and pavilion from the foundation up in the within same footprint in a manner that will be more resilient to any future storm or flooding events. A second story bar and seating are planned for both the main building and pavilion; all portions of this second story will be landward of normal water level. Along the pavilion a new dock measuring 5' x 35' with 3 jet -ski lifts is proposed just waterward and parallel to the new bulkhead. The main pier and platform will remain as part of this development. Anticipated Impacts The project as proposed will result in the filling of 80ft2 of shallow bottom habitat for the bulkhead replacement and the additional shading of 175ft2 of shallow bottom in Silver lake for the new "jet -ski dock" and would not increase the impervious surface on the uplands. Temporary impacts would include localized noise and turbidity resulting from construction. Shane Staples — 22 November 2021 N 3. 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jolly Rogers Restaurant (Hae-Chan Park) LOCATION OF PROJECT SITE: 410 Irvin Garrish Highway, Ocracoke, NC 278462 Location - 35' 06' 46" N 75' 58' 56" W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit— 12/9/20, 5/18/21 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received - November 8, 2020 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Hyde County Land Classification From LUP - Commercial (B) AEC(s) Involved: PTA, EW (D) Water Dependent: Restaurant over water — NO, Dock and Jet -ski — Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - Septic (F) Type of Structures: Existing — Restaurant (partially over water), pier, bulkhead, rip -rap, gravel/sand parking Planned — Rebuild restaurant building, new bulkhead, dock with jet -ski lift (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Sound/Silver Lake bottom 80 ft2 175 112 (c) Other 1,782 ft2 (D) Total Area Disturbed: 2037112 (E) Primary Nursery Area: No (F) Water Classification: SC Open: NO 8. PROJECT SUMMARY: The applicant proposes to tear down and rebuild a restaurant, most of which is a non- conforming structure public trust area, within the existing footprint, replace 4011 of existing bulkhead 2ft waterward of the existing alignment, and construct a pier parallel to this bulkhead 5' x 35' with three jet -ski lifts. MAJOR PERMIT FEE MATRIX Applicant: Jo Selection Development Type Fee DCM % DWQ % (14300 16014351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modl%ation 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 - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be ap lied: Ill(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water ® Quality Certification No. $400 60% ($240) 40% ($160) 3490 (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 a uatic life: III(D). If General Water Quality Certification No. $400 60% ($240) E4(0)0%'/.((r$11901) 3490 (see attached) cannot be applied: IV. For development that involve§ the filling and/or $475 60% ($285)1: excavation of more than one arse of wetlands and/or open water areas: AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Hae-Chan Park Mailing Address: 436 Springvale Road Great Falls VA 22066 Phone Number: Email Address: I certify that I have authorized 703.474.1800 hpark@ park-law.00m Jonathan B Fishbeck Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Jolley Rogers Restaurant at my property located at 410 Garrish Highway Ocracoke NC 28462 1 in Hyde County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: �VCP. �Z� Signature Hae-Chan Park Print or Type Name Owner Title 0�/28/�021 Date This certification is valid through space. Project Narrative 12 overview. The DWR Pre -filing meeting was held on Wednesday February 3, 2021 with DWR representatives present. The meetings was for the CAMA major permit for the Jolley Roger Restaurant located on Ocracoke Island, NC. Nestled in the outer banks of North Carolina and renowned waterfront of Silver Lake, this restaurant is beautifully sited with jet -ski rentals and activities such as bicycling making itfeels like much more. Asecond story walkway connecting the restaurant and pavilion frame its entrance to a transient dock and amazing views from the second story seating areas. The existing dock will remain as is and is out of scope for this project. We will construct 1 new dock 35 feet in length, by 5 feet in width for 3 jet -ski lifts (each 10 feet long by 5 feet wide). We will construct a new bulkhead 40 feet in length and 2 feet waterward of the existing bulkhead. We will perform repair maintenance to rip -rap within the existing footprint as needed. The existing restaurant will be demolished and disposed. New steel pilings will be installed to support the restaurant with steel framing to connect the pilings. From there we will have a wooden structural assembly using pressure treated and traditional lumber. The exterior materials include composite decking, hardi-plank exterior siding, standing seam metal roof and steel cable railing/posts. The interior spaces will be fully conditioned with conventional construction materials. The restaurant will be set 7' above normal water level (NWL) to raise the building out of the flood plain and will be built within the existing footprint. The existing pavilion will be demolished and disposed. New steel pilingswill be installed to support the restaurant with steel framing to connect the pilings. From there we will have a wooden structural assembly using pressure treated and traditional lumber. The exterior materials include composite decking, hardi-plank exterior siding, standing seam metal roof and steel cable railing/posts. The pavilion will be slightly modified in shape and size. It will remain at ground level and be built to handle water with the lower knee -wall acting as a water barrier to protectthe interior. It will be aligned with the new bulkhead positioned 2 feet waterward form the existing bulkhead. The new dock mentioned above will be positioned in front of the pavilion. The 3 jet ski lifts will be available for rental and public use. All required signage for directions and safety will be posted. The pavilion will be built with the pavilion will be designed to handle water with a water resistant assembly on the first floor. This open floor plan and cohesive design for the property creates dramatic sightlines from the moment you enter the property. The restaurant first floor has 9' ceilings with a seating area comprised of composite tables/chairs and cable railing for clear views. Located off the first floor seating area is a bar with TV, 2 ADA compliant bathrooms, a storage closet and kitchen with walk-in refrigerator. The hostess stand is centrally located next to the access lift to get up to the first floor. There are stairs in the front and Proprietary and Confidential. This document and the information contained therein, shall not be duplicated, used or disclosed, in whole or in part, for any purpose other than your internal use without the prior written consent of EstateSpoce. Project Narrative 13 rear of the building up to the second floor. The second floor has 8' ceilings with additional seating, a bar with TV, 2 ADA compliant bathrooms, a mechanical room and additional storage area. This area has a bridge connecting it to the second floor of the pavilion with additional seating in an open-air feel with canvas sails for shade. The spacious pavilion has 12' ceilings on the first floor designed to complement the restaurant. The seating area surrounds the centrally located bar and there is an auxiliary storage area for the off-season. The hostess stand serves as a jet -ski rental and sells souvenirs all for family fun keep the longstanding tradition of the Jolley Roger intact. There is a turn back set of stairs to the second floor. Adjacent is parking area for patrons to park a car or bike. Meticulous plantings will surround the street side to seamlesslytie it into the landscape of Ocracoke Island. Ideally located in the center of the island, it provides convenient access to Route 12, this location offers the best of Ocracoke with public and private settings for whatever you desire. 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 this CWA 401 certification request within the applicable reasonable period of time. Proprietary and Confidentiat This document and the information contained therein, shall not be duplicated, used or disclosed, in whole or in part, for any purpose other than your internal use without the prior written consent of Estate5pace. ***This is a word processing form to be completed in Microsoft Word**' WC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant PP Jo / / /� / e C /eGrTc�. k f- p WGS -Cave.. ! r Date: /( Project Site County/y d Staff' SLRnc 77 R /c/ District: []Elizabeth City ashington ❑Morehead City ❑WIlmington Project Name: Rover File: Date of initial application submittal (EX 1/8/2007): G .* �?- p2 Date application "received as complete"in the Field office (EX.' 1/8/2007): 1.2 .2-' Permit Authorization: [-]CAMA &Irredge & Fill 25oth PNA: ❑Yes 91 or Photos Taken: Yes No❑ Setback Required (riparian): ❑Yes So Critical Habitat: El Yes o ❑Not Sure 15 foot waiver obtained: El Yes o Hazard Notification Returned.' ❑ Yes Pffo SAV: ❑Yes VK6 ❑Not Sure Shell Bottom: El Yes Pe ❑ Not Sure Temporary Impacts: es ❑No Sandbags: ❑Yes o ❑ Not Sure Did the land use plassification come from county LUP: KIfes ❑No Mitigation Required (optional): ❑Yes IONO Mori' rium Conditions: ❑Yes ❑No jgNA Environmental Assessment Done: El Yes ❑No 09- - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NS I ❑ Swamp Waters (SIRS ❑ High Quality Waters (HOW ❑ Outstanding Resource Waters (ORW) ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Sal' omia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgmss (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scifpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to 1 acre; 3490 It(D) Pdv, public or comm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commercial/no dredge $100 and/or rill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Pdv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Je Applicant: Date: /1/.2a/s20.21 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One I I �!4 Ili ' New Work RRepll a -7 O fn tc O Maint ElLK Y ❑ N � / C r l New Work Maint ❑ Replace/ ❑ Y EtN New Work Maint ❑ Replace 2'9 ❑ N l New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revisea a7J1 oil U Applicant ✓ D` luf ^ O 4 e r 4 /C4�, Date: 11 /,2211,2, 0Zt Describe below the HABITAT disturbances forthe application. All values should match the name, and units of measurement found in your Habitat code sheet. DISTURB TYPE Choose One TOTAL sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts FINAL sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amoun) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) Sh ore Dredge ❑ Fill Q Both ❑ Other ❑ / Dredge [I Fill[R"Both ❑ Other ❑ qv u V } 2 llp �fii� Dredge ❑ Fill ❑ Both ❑ Other 7 -5� , 7� ' 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 ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ OCN NP-1 APPLICATION for Major Development Permit (last reMsed 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant) Landowner Information Business Name Project Name (if applicable) 301.1- Y ROhERS Nil AND M R N .JOLL ,, Q�6STAVF ANT Applicant 1: First Name MI Last Name H FIE - N PARK Applicant 2. First Name fill Last Name NIA N1A If additional applicants, please attach an additional pages) with names listed. Maiting Address PO Boa City S:a:e 4 6 SalwqLo O 61MAT FALLs VA ZIP Country Phone No. FAX No. 11066 1 UNITED S—%Iii 1035 -41 -1800 eal. Street Address(il different from above) City State ZIP Email h ally- 19 ay- ligm Lim Z AgenWontractor Information Business Name ESTAtES Pl OMEN 0Nj IlU I N Agent)Contractorl: First Name MI st Name3oN T T N BFISH Agend Contractor 2. First Name MI Last Name Wal I Wail Maiting Address PO Boa City Slate Q0 0 I 650 KEAT F AWLA ZIP Phone No. I Phone No. 2 21 b 1 454 - M - 311i eat eat. FAX No. Contractor e 30118 Street Address (ill different from above) City State ZIP 111 t4MAIN NdRW= NL L ,I1-b Email Rub C to LOHEN COIMIZIRTU4 [0. UfA Form continues on baclo 252.80ii-2flOil ._ I-btl❑ 41ZCOAST .i www.ne boast alarnn a it e m en t. net r Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. M NYoe yla Irv)N b�jt w q 12 Subdivision Name City State Zip OUlrtoKE hit. U467 Phone No. Lot No.(s) (if many, attach additonal page with list) 4i4 - bob - 311L ext. Tutu, is Ti a. In which NC river basin is the project located? b Name of body of water nearest to proposed poject TAR I P W RIVER 6kJJf4 Slwan It C. Is the water body identified In (b) above, natural or manmade? d. Name the closest major water j body to the proposed protect site. ®Natural []Manmade ❑Unknown PgM1.i[ p e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed (MYes []No work falls within. WACQJ1 ra Y)LL;kII 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) III. b5 FEET 1011 Saiiii FEFT c Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or 0, OS K O .IS A( I NW L (normal water level) (if many lot sizes, please attach additional page with a list) Z f EEf ❑NHW or SNAIL e. Vegetation on tract No UEb�TAnoW I. Man-made features and uses now on tract 9EW0.11 t+T QAV ILUOW BOAT DOI.IC BUUCHEAO WIXII PAUSI LJM f , , RIP -RAP UN96R RESTNiKkNT , PAUINb KtA g. Identify and desaibe the existing land uses atl acen to the proposed project site. LEfT SIOE IS A BUSINESi Rlbrn (log IS REs►ocisi h. How does focal government zone the tract? I. Is the proposed project consistent with the applicable zoning? NOW. iE& 6CIAL KE DEVEIuPtAWT) (Attach zoning compliance certificate, if applicable) / ,jVes ❑No ®NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes C§No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes KNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ON ❑NA National Register listed or eligible property? <Form continues on next page> 252-800-2008 .. 1-find-4RCOAST .. .au.r ct n„ rit i...t W Form DCM MP-t (Page 3 of 4) APPLICATION for Major Development Permit m. (it Are there wetlands on the site? []Yes INNo (ii) Are there coastal wetlands on the site? []Yes ®No (iii) It yes to either (1) or (ii) above, has a delineation been conducted? []Yes ❑No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. Eximt4i.x WA(TE.WRTEII IS SEPTIC o. Describe existing drinking water supply source. CITY p. Describe existing storm water management or treatment systems. SgKS`glE CIuNOfF 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ($Commercial ❑Public/Government ❑Privale/Communily b. Give a brief description of purpose, use, and daily operations of the project when complete. �ESUlkiRMAJ WiM %K I 90114To4 SEH(INb , INDOOYI loSITDOt k Sfif1UNc,, TiLgUIENT DOlill ?ARKIN4, 3g-iIL1 ANo BIKE IZENTAi, 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. COMPLETE DEMDLISMroN UE EXISTINI, ST(lgITVRE (EXcRvATCRi I "W 41LINbS (Sti ows NEW BuLKSAADt $TEE( OIUNLt , PT WIxiD STM1IiLjl RE 16OMTOSITE DE(KI HA0.DI•pulW. EXT. T List all development activities you propose. LEA,VINL The rXI(TYN{. BOAT DOCKA(,E FoR PARKIJ46 , (OPAPLETE DEMoLIS1{loN OF UTHg16fIST1N6 MOIL100 . j?AI(E VIMT (MV iV 11 ( JUT Of V10110 VVIA I ROD SEIoNI STORY SMTINbj EXPANSION Of PLAT6ohtll OQQt 1 iliffet, SWIA DOE AbP FOiI .SET•SKI RENTAL i NEW PP 'NV WINTEII Wba &W e. Are the proposed activities maintenance of an existing project, new work, or both? ALL MIA foUSTAIJOIIITV FT• Itl L Mvi N t 1%C1( I. What is the approximate total disturbed land area resulting from the proposed project? I IgSq.Ft or []Acres g. Will the proposed project encroach on any public easement. public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surf li 0000 I. Will wastewater or slormWater be discharged Into a wetland! ❑Yes ®No ❑NA If yes. will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed) ❑Yes EgNo ❑NA If yes, site& a mitigation proposal. <Form continues on back> 2,2-n rin ?1111a .. 1 ., „ .r—c,... ,m,.n 1. u, , Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In ackrawn to this completed application form, (MP-1) the Vlowing items below, it applicable, must be submitted In order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consull the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? It previously authorized work, clearly indicate on maps. plats, cirawings to distinguish between work completed and proposed. c. A site or location map that Is suit clently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (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 addiemes of the aclacent 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 J'.}(N 1NJJ .UU Phone No. Address 11.1 (11ESTN4' Sf LrWlSNN 144V ' L4gof Name BI:R(tiq t]*hl"c(Li. Phone No.tjt'`�tt-Csll Address h 60% 269 Ot RoKE NC 11160 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. r+lp, h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. ). A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued In response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained In the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of stale 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 rti that the information provided in this application Is truthful to the [Pest of my knowledge. Print Name 344mil1N t "t tlli _ Signature* —VS — 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 [NDCM MP-4 Structures Information 252-608-2008 ., 1-888.411COAST .. www.nccoastalmanagemont.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this lorm to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access other Chan el (NLWBreakwater Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL shoreline stabilization Length Width Avg. Existing — Depth NA NA Final ProjeLN Depth NA NA 1. EXCAVATION I&&This section not applicable a. Amount of material to be excavated from below NHW a NWL in b. type of material to be excavated. cubic yards. a W Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? It any boxes are checked provide the number of square feet affected ❑CW ❑SAV _ ❑SB ❑WL ❑None (11) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. W Do you claim title to disposal area? ❑Yes []NO ❑NA (ii) It no, attach a letter granting permission trend the owner. e. (1) Does the disposal area Include any coastal wetlanda/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands ( WL)? It any boxes are chocked, provide the number of square last affected. ❑CW ❑SAV _ ❑SB _ ❑WL ❑None (it) Ooscubo the purpose of disposal in these areas d. High -ground excavation in cubic yards. PqThis section not applicable b. Dimensions of disposal area. d (i) Will a disposal area be available for luture maintenance? ❑Yes ❑No ❑NA (ii) It yes, where? I. (1) Does the disposal Include any area in the water/ ❑Yes ❑No ❑NA (it) It yes, how much water area is affected? 252.808-2e00 :: 1A88-411COAST :: www.ncconstalmanaaement.nel revised: 12126 06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (It development is a wood groin, use MP-4 — Strictures) a. Type of shoreline stablization: b. Length: 0' Ibinulkneaa URiprep UBreakwater/Sill ❑Other:_ a Average distance waterward of NHW or NWL: lf4 wa��w�ro Fr.RaLuNeAo (IFPAIR �(v-RAo IN Faun Nb 4 TiILINT e. Type of stahlizabon material: _IVILI(HGAO , RID -PAP g. Number of square feet of fill to be placed below water level. Bulkhead backfill Q —F Riprap_ Breakwater/Sill _ Other— I- Source of fill material. NnliNAt SITE iS INtiAIS Width: _ d. Maximum cistancewaterwardof NHW o NW (1) Has there been shoreline erosion during preceo ng 12 months? ❑Yes QJNo ❑NA (o) It yes, state amount of erosion and source of erosion amount information. h. Type of fill material. DII&X 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a (i) Will fill material be brought If yes, (it) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill material be kept on site i 9tiA•SiLl jEbLe c. (p Will navigational aids be required as a result of the project? []Yes JANO ❑NA (it) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected ❑CW ❑SAV _ ❑SB ❑WL ❑None III) Describe the purpose of the fill in these areas: f b. What type of construction equipment will be used (e.g., dragline backhoe, or hydraulic dredge)? 64mhoe d. (i) Will wetlands be crossed In transporting equipment to project site? []Yes ONo ❑NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Data Applicant Name �1ioltol� ..jct�AmA� �t116Euc Protect Name L=rY QolApplicant Signature -I; rl2 Iiti1f Q,�il ANi ., - 252 608-2808 :: 1-e084RCOAST :: wwy v.nccoastalmanngement.net revised: 12126/O6 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities. units or structures b. Number of lots or parcels. proposed. IiESTw'ANT ) PAV1ww, Kill � JET -SKI � pRQ(Ell 11RACT 6 , TOM ►;� c. Density (give the number of residential units and the units per acre). NIA e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at tent 30 days before land-dsturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes XN0 ❑NA (n) If yes. list the date submitted. g. Give the percentage of the tract "thin the coastal shoreline AEC to be covered by impervious anWor built -upon surfaces, such as pavement, budding, rooftops, or to be used for vehiwlar drveways or parking. I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, budding, rooftops, or to be used for vehicular driveways or parking. 9SaIs, 1. Describe proposed method of sewage disposal. hISTIN6 SEPTIC d. Size of area to be graded. filled. or disturbed including roads, ditches. etc. IBb1 SuKe FEET I. List the materials (such as marl, paver stone. asphalt, or convete) to be used for impervious surfaces. Rooftop - lAtTAL STANCINf> SEY%K fRel'yINb ASPHALT h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Duality for review? []Yes 0qN0 ❑NA (11) If yes, list the date submitted: k Have the facilities described in Item (i) received state or local approval? ❑Yes 19No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the M. Does the proposed project include an Innovative stormwater save (e g., surface runoff, sanitary wastewater, indusinall design9 comm,cal effluent. 'Wash down- end residential discharges). []Yes [NNo ❑NA Sur"%Le RONo4P If yes, attach appropriate documentation. ,] n it '.pi i Lyn:i 4RCOA, f , wvcnc c nn•. In l rn an o q rnm nl.,1 12?b 06 Poem DCM MP-3 (upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impoundetl? []Yes 1HNo ❑NA community, pudic system, etc.) (ii) It yes, how many acres? 1ys�11 SJSTtr:M o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will addtional utilities be TONE Icily installed for this upland development? ❑Yes []No ®NA 11161 toil Date JOLLEY RDtrEQ C"r'sl Project Name Appli t Na ie Applicant ignaturet/ . .. �gb..'NOn :: 1. 11811.4RCOALT:: IV— n<<, l lri_, ., 11 1. rnvlarc d: 12. 2606 r 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/merina: ®Commerdal ❑Publid/Government ❑PrivatelGommunity, (I) Dock(s) and/or pler(s) (ii) Number (iii) Length[} (iv) Width S f } (v)Floating ❑Yes ®No e. (I) Are Platforms included? ®Yes ONO f, If yes: (tt) Number (ill) Length 41 f (IV)Width Wf (AVEGAbi WlglntlGGE1,.�AR it16=6UNii (v) Floating Eyes C9No Note: Rooled areas are calculated from ddpline dimensions. Nutt: Thd it I,tvvtd, k.+hgS Arith an+ wnftr g. (t) Number of slips proposed h. (it) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ROpen water; no dredging required 00ther; please describe: k. Typical boat length: � F t m. (i) Will the facility have tie pilings? ❑Yes ®No (a) If yes number of tie pilings? ❑This section not applicable (i) Will the facility be open to the general pudic? ZYes ONO (i)Are Finger Piers included? ❑Yes ®No It yes: Ill) Number fill) Length (Iv) Width _ (v) Floating ❑Yes ❑No (i) Are Boatlifts included? ®Yes ❑No If yes: (it) Number 3 (ill) Length loft (IV)Width all F1, Cherie 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 slipsl only, number of slips: 3 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: ). Describe the typical boats to be served (e.g., open runabout, charier boats, sail boats, mixed typos). JET •f Ill I. (t) Will the facility be open to the general pudic? ®Yes ONO 252.808.2808:: 1-888-4RCOA8T:: WWw.nCooastalmenagenhent_net revised: 12127/06 F Fermi DCPA MP-4 (Stfucturos, Page 2 of 4) 12. DOCKING FACILI MAKAR/NA OPERAT/DNS ❑This section not applicable a. Check each of the following sanitary facilities that will be Included In the proposed project. ❑ Office Toilets C) Toilets for patrons; Number:,; Location: ❑ Showers ❑ Boatholdng tank pumpout; Give type and location; b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste• fish offal and trash. 7RI+SN SEavlte d. How will overboard discharge of sewage from boats be controlled? NOT ALUWq) e. (i) Give the location and number of 'NO Sewage Discharge' signs proposed DDtK (9N (ii) Give the location and number of 'Pumpout Available'signs proposed. NDNE f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NIA g. Where will residue from vessel maintenance be disposed of? NIA h. Give the number of channel markers and 'No Wake'signs proposed. I. Give the location of fuel -handing facilities, and describe the safety measures planned to protect area water quality. N IA j. What will be the marina policy on overnight and live -aboard dockage? NOT AUAW60 k. Describe design measures that promote boat basin flushing? NIA I. If this project is an expansion of an existing marina, what types of services are currently provided? N IA 252-608-2808:: 1.088-4RCOAS'r :: www.nccm.islmbn:unr!Ir•ment.net revised: 12,27106 Form DCM MP-4 (Structures, Page 9 of 4) m. Is the marina/docking lacdey, proposed within a primary or secondarynursery area? Dyes 10No n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes $)No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW ), submerged agrat"w vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ OWL ❑None p. Is the Proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes. give the name and address of the leaseholclads), and give the proximity to the lease. 3. BOATHOUSE (including covered als) 60This section not applicable a. (i) Is the boathouse struaure(s): ❑Commercial ❑PubliclGovernment ❑Privale/Community (if) Number _ (iii) Length (iv)Width _ Note: Roofed areas are calculated from drlpline dimensions. 4. GROIN (e.g., wood, sheelp/le, etc. If a rock groin, use MP-2, Excavation and Fill.) 9This section not applicable a. (1) Number (ii) Length (iii) Width S. BREAKWATER (e.g., wood, sheetpile, etc.) P(This section not applicable a. Length _ b. Average distance from NHW. NWL. or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS P9This section not applicable a. Is the sVucture(s): ❑Commercial ❑PuWi4Government ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured Irem marsh edge, it present. o. Arc of tho svnng b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 52-008-2808 :: 1.0804PCOAST:: www.ncc oaslNmanagemenl.no( revised: 12'2TlOG Form ACM MP-4 (Structures, Page 4 of 4) 7. GENERAL a Proximity of struaure(s) to adacent riparian property lines b. Proximity of structures) to adjacent docking facilities. II(1 3sit IIntN(1 Ib4� 134 II+(htt 3Z0 Note: For buoy or mooring pang, use arc of stung including length of vessel. C Moth of water boot I :o (} e (e) Will navigational aids be required as a result of the project? ❑Yes §DNo ❑NA (n) It yes. explain What type and taw they Will be implemented. d Water depth at waterward end of structure at Nl-W o NW L 5rr B. OTHER ($This section not applicable a. Give complete oesrnotion: n� 3c �lcll G s:: Pro,ea Name JVs+Jt nN 6 fllnsru� Acc sent Name Acp.cant Sig�a:�e 252-808-2808 :: 1-8884RCOAST :: xryyw,nc <oas tnlmanegement_nel revised: 12 27, 06 CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONANAIVER FORM Name of Property Owner: HAi . (HAN1 PAltr Address of Property: A. (Vir1 6urh(ti II19l,WaV OLryow? NIL 11461 (Lot OrrWeet P. Street or R ad, City 3 County) Agent's Name #: JifiAfNAA 4f t(HRct Mailing Address:_ Qti Nx A50 Agent's phone #:yig FQI. iU1 6Geat GA1t ( VA 2toL� 1 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. A description or drawing with dimensions t be provided with this letter. X I have no objections to this proposal. 1 have objections to this proposal. if you have obJecdons to what is being proposed, you must notity the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Contact Information for DCM offices Is available at NO httn•//wwwnceoastl._orbycalling l-888-4RCOAST. WAIVER SECTION 1 understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement, , I do not wish to waive the 15' setback requlrement. M or .,/ c -. v f (Pro �wA °t („o it(Riparian PropeOwner Information) �( l C ��✓(s�G .vrafmr.,�r LL r Signature HAE' No QAkk Print or Type Name Print or Type Name 4�6 SDnnSvk�e Rd 1 z 7 �,�. , tw�f MailingAddrbss MoihngAddress s" btfAt ff LS VA flu 2•w "-( ,, f Cily/Sfate/Iip City/Siate2rp 101 414 Rw h�^,ke vk- � �a 1/ Telephone Number/E allAdd ess Telephone Number/EmailAddress s dal u. Lrr'OOh•L. w+•• Darr IO W I Uurr ZI (Revised Aug. 2014) CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM Name of Property Owner. "A% . Address of Property: 4I0 IVVtr1 14ih(� otygo�e N4 1%462 (Lot orStreet#, Street or R ad. C 8 Countyy))` Agent's Name #: 'i:iAtgnN t) FAy a Mailing Address: , 4 �ftk I'5b Agent's phone#: 4W t'(, w-L 62=NT FAit.�, JA 220t,t, I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to mess shown on the attached drawfng_rhe development they are proposing. A descdnt'on or drawing with dimensions must be orovided with this letter. _ I have no objections to this proposal. X f have objections to this proposal. (SEE ATTACHED) if you have objections to what is beingproposed, you must notilythe Olvislon ofCoastat Management (DCM) In willing within 10 days of recelpt of this notice. Contact lnfinnallon for DCM offices Is available at htto:/Avww.nccoastaimanaaemencneNveb/cmistaf tfsttna orbvealilna/-888.4RCOAST. WAIVER SECTION 1 understand that a pier, dock, mooring pilings, boat ramp, b-eakwater, boathouse, or lih must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 1T setback requirement. I do not wish to waive the 15' setback requirement. wj— Signature ft. Nko ha Print or Type Name 4S6 Sotmti�u�e La Mailing MOWS aW fnuS City/stafe/Zip —+-1b3 41l Ids ho^fKQ O vl( �pu -- T8lep1,hjjone Number/E ed Add ess 11�U}Lb i Dare (Riparian Property Owner Information) !7 7 L tom/ -aie Signature Ronnie Van O'Neal Print or Type Mine Malting Address Cily/stalwip Telephone Numbar/Email Address I- q - Derr (Revised Aug. 20141 ATTACHMENT TO DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROEPRTY OWNER NOTIFICATION/WAIVER FORM Owner objects to this proposal for reasons that include, but are not limited to, the fact that prior owners of the property continuously violated the easement between our properties. I have attempted to be a good neighbor and I offered Mr. Park an opportunity to acknowledge that the easement exists, that he would clean it up, keep it clean, and abide by it, and I feel as if I have been deceived by his agent, Mr. Jonathan Fishbeck, who indicated that they were in agreement with this but have refused to sign any written agreement thereto. There has been a continuous issue of grease and other waste from the businesses that have been operated on the premises heretofore, encroaching on and into the easement area flowing near the seafood company, creating potential health hazards, and we have had to call the Hyde County Health Department in the past because of concerns involving this. I do not want a neighbor who treats me this way in advance of actually having an ongoing business there, because it clearly appears to me that he is not willing to acknowledge and preserve the easement and keep it clean, and I strenuously object to any further development or use of the property. .: •�.G7-r nac vl07 Z) �rceG ..,ter Ronnie Van O'Neal Contact Name* Jonathan Fishbeck Contact Email Address* jonathan@estatespace.com Project Owner* Mr Hae-Chan Park Project Name* Jolly Rogers Restaurant Project County* Hyde Owner Address:* street Address 410 Irvin Garrish Highway Address Line 2 City State / province / fbgbn Ocracoke NC Postal / Zip Code Country 28462 United States Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: V 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express r- Individual Permit r Modification r Shoreline Stabilization Does this project have an existing project ID#? r Yes r No Do you know the name of the staff member you would like to request a meeting with? Robert Pullinger Please give a brief project description below.* It is understood that the scope of this effort will involve the re -design and rebuild of an existing 1,862 sf waterfront restaurant that currently incorporates approximately 854 sf of interior space/kitchen/B.O.H. space, with an adjoined 1008 sf of exterior covered outdoor seating. In addition, the lot includes an adjacent exterior covered open air pavilion that will be incorporated into the design masterplan, and attached to the main building. The preliminary proposed design approach would be to re -build the entire structure, while elevating the ground floor to raise it above existing flood plain, while utilizing the existing building footprint for the main restaurant and expanding the pavilion to maximize value of the property and clean up the road side presentation of the buildings. As a result, the newly constructed ground level footprint and building coverage will be similar, if not identical, to what exists today. The new design though, will seek to incorporate additional seating by the way of a second level rooftop deck which will be accessible via staircase and elevator, while staying under the 120 seat maximum in which the buildings septci system is rated for. Furthermore, the design studies will seek to incorporate the adjacent exterior pavilion into an overall design strategy that architecturally unifies the site's two elements while maximizes the value and with a possibility of connecting the restaurant and pavilion upper levels via 'bridge' while retaining the lower level breezeway to the dock edge at the ground Floor. The design build process and documentation can be understood to fall into five (5) main phases: Concept Design, Schematic Design, Construction Documents & Permit, Construction and Commissioning. The project will be privately funding. Please give a couple of dates you are available for a meeting. 2/3/2021 Please attach the documentation you would like to have the meeting about. Of Only 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 projects 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 * �ana�fan6 fu�ibuk Submittal Date 2/4/2021 a U J J W _ U ; N �w�'e1, 0 v a Lu of r; ,E �7�ryi„ r' Z 6 V) W 6 r? M Of {� LL ryI 1 � J I W CY t�LU A I1 -a C 1i �M 11 L a n F r j o w 0 �il=z z O U a w , VUw €5$z F y ii I if if 10 / f° — r.n = N v Ez s -- w im C13 E€ i � z i ED C11 ya�g< , {e{ Pi LS o 0 m �n A m �'�S�"' emwn ...a.1•J_a�l'euW�^ierar� �s.s i� ; i ° 5� •✓rvJrsnr n,u � ,uu an aem wo an mm `^'o ��" JTZ .4LN3dJNd-`.4AR Y8ATf5 e e � a .�., rc1 ♦� �, Yam` O � � Y �/ / s r ti':'Ktii;i ql a t S� J 511i i {kJ rl a/ 0-1 Prepared by: John Nicholas Foosaain young Moore andihmdarson P.A. Past Ofee Box 31627 Raleigh NC27622 (Without benefit oftitle esamhurion or closing.) Mall to: Janes R. Gilreath, Jr. PO Box 405, Kill Devil Hills, NC 7,7948 NORTH CAROLINA HYDE COUNTY NORTH CAROLINA SPECIAL WARRANTY DEED Tax PIN: See ExhibltA Excise Tax: S5,512.00 THIS NORTH CAROLINA SPECIAL WARRANTY DEED, made this 5th day ofMay, 2016, by and between MARGARET MARY WROBLESKI, Administrator CPA EDWARD L WROBLESKD, SR ESTATE 718 Raynor Avenue Catonsville, MD 21228................................................................................_........ hereinafter called Grantor, and SILVER LAKE PROPERTY, LLC, a North Carolina Limited Liability Company 1894 Preston White Drive Reston, VA 20191..................................................................................................hereinafter called Oraeme. The designation Greater and Grantee used herein shall include pasties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, EDWARD L. WROBLESKI, SR died testate, aresident of HydeCowty NonhCarolina, wApril 16,2000; and WHEREAS, EDWARD L WROBLESKI, JR. qualified m Executor of the Estate of EDWARD L WROBLESKI, SR. on July 10, 2000; and WHEREAS, EDWARD L. WROBLESKI, JR- resigned as Executor of the Estate of EDWARD L. WROBLESKI, SR. on July 21, 2003, pursuant to Order Allowing Resignation filed with the Hyde County Clerk of Superior Coup, Estates Division; and WHEREAS, MARGARETMARY WROBLESKI qualified as At mimstratorCl'A ofthe EstateofEDWARD L. WROBLESKI, SR. on July 21, 2003, and continues to serve In such capacity; and WHEREAS, on June 7, 2005, upon petition ofGrautor, the Clerk ofSuperiorCourt of Hyde County entered an Order for Possession, Custody, Control and Sale of Real Property for the property basin conveyed (the "subject property") in that certain special proceeding styled Margaret Mary Wroblesk( A&mW tratorCTt &lateojEdwardL. Wroble;A Sr., Petitioner, Y. Edward L Wrobleskl, Jr., W1111am Wrobleski, Daniel Roy Wrobletu David Wrobleski (deceased), Margarel Mary Wroblwkl, James Wroblerki and Luke Wroblerkd Responden[r, Hyde County Clerk of Superior Court, File no. 04 SP 11; and WHEREAS, the Grantor exposed the subject property for private sale, and on February 17, 2016, Grantor catered into an agreement for the $ale of the subject property to Hae-Chan Park in the amount of S2,756,000.00 (the "Sale Agmement"); and WHEREAS, Grantor duly filed a Report of Sala with the Clerk of Court of Hyde County, and the sale remained opened upset bids foraperiod often (10) days in accordaneewithN.C.G.S. 441.339.36 and 1-339.25, andno upsetbids were received by the Clerk; and WHEREAS, on March 10, 2016, the Grantor Mod Petition for Confirmation of Private Sale with the Clerk of Court of Hyde County, and the Clerk entered an OrderofConfrmation of Private Sale and confirmed the private sale of the subject property described on Exhibit A attached hereto and authorized and directed MARGARET MARY WROBLESKI as Administrator CTA of the Estate of EDWARD L. WROBLESKI, SR. to proceed with sale of the property to Hae-Chan Park; and WHEREAS, on 2016, Hac-Chan Park assigned all of his rights under the Sale Agreement to SILVER LAKE PROPERTY, LLC, a North Carolina Limited Liability Company, Grantee herein. NOW, THEREFORE, the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Hyde County, North Carolina and more particularly described on Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the lot or parui of land described on Exhibit A and all privileges and appurtenances thereto belonging to the Grantee, in fee simple. THEGRANTOR, covenants with the Grantee, that the Gtantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated, SUBJECT to 2016 ad valorem taxes; and SUBJECT to all easements, rights -of -way and restrictions of record. (Remainder ofpage left intentionally blank) IN WITNESS WHEREOF, the Grantor has executed this instrument in manner and form so as to be binding the day and year fort above set forth. EDWARD L. WROBLESKI, SR ESTATE �L) G MARY ROBLESKI, Administrator CTA STATE OF NO{R{TTHHCCAROUNA COUNTY O�FF�ssW���A���*'('�-1 -(') I, LIdm llUf W I Zi C� , notary public, do hereby certify That MARGARET MARY WROBLESKL Administrator CTA ofthe EDWARD L. WROBLESKI, SR. ESTATE personally appeared before me this day and aclmowledged the due execution of the Ay foregoing and ann^ex,,edd instrument Witness my hand and notary seal, this of day of l ( .2016. My commission expiry 10 _ J 3 - Z—A/a 3917661 v)1970121,002 Exhibit "A" All that certain lot or parcel of land situated In Hyde County, North Carolina more particularly described as follows: Beginning at a point located on the eastern shoreline of Silver Lake at the Intersection with the southern line of Katherine Parker -Lowe as described in Deed Book 199, Page 198, and the northern boundary of the lands described herein; thence in an easterly direction along the southern line of Katherine Parker - Lowe N83-07-30E, a distance of 17.49'to an existing 4 inch open pipe 2 feet above grade; thence continuing in an easterly direction along the southern line of Katherine Parker -Lowe N83-07-30E, a distance of 29.77'to a magnetic nail set In the centerline of NC 12, also known as Irvin Garrish Hlghway, said road having a variable width right of way; thence continuing In a easterly direction along the southern line of Katherine Parker -Lowe N93.07-30E, a distance of 16.83'to an existing 6" square concrete monument 0.4' above grade; thence continuing in a easterly direction along the southern line of Katherine Parker -Lowe N83-07.30E, a distance of 13.02'to an existing fence Iron 0.2' below grade; thence continuing in a easterly direction along the southern line of Katherine Parker -Lowe N83-07-30E, a distance of 24.92'to an existing axle 0.4' above grade; thence continuing in a easterly direction along the southern line of Katherine Parker -Lowe N65-33-15E, a distance of 10.68'to an existing W rebar 0.3' below grade; thence turning In a southeasterly direction along the northern line of Elsie Garrish Subdivision, as recorded In PC C, Slide 89.1, 542-17-30E, a distance of 56.45'to an existing 1" rebar 0.8' above grade; thence continuing In a southeasterly direction along the northern line of Elsie Garrlsh Subdivision 542.17-30E, a distance of 6.95'to an existing 3" open Iron pipe In concrete 0.1' above grade; thence continuing in a southeasterly direction along the northern line of Elsie Garrish Subdivision $42- 17-30E, a distance of 45.15'to an existing 11V rebar Flush with grade; thence continuing in a southeasterly direction along the northern line of Elsie Garrish Subdivision 542-17-30E, a distance of 46.77'to an existing 3" open pipe in concrete, being a corner of the land of Lindsey T. Howard; thence continuing in a southeasterly direction along the northern line of Lindsey T. Howard 542-17-30E, a distance of 39.18'to an existing 1" open pipe flush with grade; thence turning in a southwesterly direction along the line of Lindsey T. Howard, 535.44-30W, a distance of 14.70'to an existing 9' wood post; thence turning in a southeasterly direction along the line of Lindsey T. Howard, 545-22-30E a distance of 64.61'to an open pipe 2' above grade, said point being the corner of Lot 3, "Property of Virginia D. Howard", as shown in PC B, Slide 41A, thence In a southeasterly direction along the line of said Lot 3 549-54.00E a distance of 53.85'to a 2" open pipe 0.4' below grade, said point being In the east line of Susan O'Neal as described in OB 123, Page 913; thence turning In a southwesterly direction along the east line of Susan O'Neal 552-34-00W, a distance of 95.78'to a yellow brick monument, said point being a corner of the land of Douglas O'Neal as described In DB 78, Page 79; thence continuing along the line of Douglas O'Neal 565-50-13W, a distance of 60.61' to a 3" open pipe 0.4' below grade; thence continuing along the line of Douglas O'Neal566-31-23W, a distance of 171.08'to an existing 4" by 5' shell monument 0.6' below grade; thence continuing along the line of Douglas O'Neal S66.31.23W, a (00178506 2) distance of 24.81'to a magnetic nail set In the centerline of NC 12, said point also being located N66-31- 23"E, a distance of 60.15' from a 1" gun barrel known as "Gun Barrel Point", said point also being the corner of the land of Ruth J. Wilson as described in DR 191, Page 399; thence turning and running a northerly along the centerline of NC 12, and along the east line of Ruth J. Wilson ND9.38.44E, a distance of 103.75'to a magnetic nail set; thence continuing along the centerline of NC 12 and the land of Ruth J. Wilson N05-30-07E, a distance of 58.38'to a magnetic nail set, said point being a comer of the land of Bertha G. O'Neal as described in DR 88, Page 448; thence continuing along the centerline of NC 12 and the land of Bertha G. IYNeal NO3-40-30E, a distance of 95.03'to a magnetic nail set, said point being a comer of Bertha G. O'Neal; thence turning westerly along the land of Bertha B. O'Neal N80-28-30W, a distance of 80.27to a magnetic nail set In concrete; thence continuing westerly along the land of Bertha 8, O'Neal N80-28-30W, a distance of 2.17', more or less, to the eastern shoreline of Silver Lake; thence turning northerly and following the eastern shoreline of Silver Lake the following calls: N09-42-20E, a distance of 14.81'to a point; N32-11-04E, a distance of 31.30'to a point; N14.01-01E, a distance of 16.33'to a point; N29-43-35E, a distance of 23.43'to a point; N12-55-03E, a distance of 16.07'to a point; and N33-30-54E, a distance of 19.02'to a point, being the polmof beginning, this parcel containing 74,045 square feet, more or less, and being the land described in DR 166, Page 666. Being that same property shown on the attached survey entitled in part "Silver Lake Property, LLC, SINer Lake, Inn, Sliver lake Motel and lolly Rodger Restaurant, Ocracoke, Ocracoke Township, Hyde County, North Carolina" by Seaboard Surveying & Planning, Inc C-1536, dated May 3, 2026. (00178506 2)