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HomeMy WebLinkAbout32-16 Water's Edge Grill'., Al ;.Permit Class NEW 0' STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 32-16 Issued to Water's Edge Grill, 35 Camden Causeway, Camden, NC 27921 Authorizing development in Pasquotank County at adjacent to Pasquotank River, at 35 Camden T. Causeway, in Camden as requested in the permittee's application dated 1/22/16 including attached drawings (3) 1 & 3 revised 10/15/15 and 2 of 3 dated revised 3/3/16. .This permit, issued on March 4, 2016 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. Upland Development 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 deck 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) 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, 2019 In issuing this permit, the.State of North Carolina agrees that :,:your project is consistent with the North Carolina Coastal ,Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. BraxtoW e. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Water's Edge Grill Permit No. 32-16 ' Page 2 of 3 ADDITIONAL CONDITIONS Docking Facility 2) . In order to protect spawning migration of anadromous fish populations, no in water work shall occur between February 15 and June 30 of any year, without prior approval from the Division of Coastal Management, in consultation with appropriate resource agencies. 3) This permit authorizes the construction of the docking facility with access pier, and finger piers, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 4);_, No sewage, whether treated or untreated, shall be discharged at any time from any boats using the . docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. This permit authorizes a maximum of ten (10) formalized boat slips. 6), The permittee shall maintain the authorized work in good condition and in conformance with the terms -; and conditions of this permit. The pennittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7): ' ` The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure and each tie pile in order to make it more visible during hours of darkness or inclement weather. 8)...; No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Easement 10) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee shall apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). A copy of any such easement shall be provided to the Division of Coastal Management. General 1,1) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. -42) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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. 1 Water's Edge Grill ADDITIONAL CONDITIONS Permit No. 32-16 Page 3 of 3 14) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 and assigned SAW 2016-00320, which was issued 3/1/16. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 16-0143. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) New --)L Major.Mod— Permit#— Minor Mod Renewal_ Transfer — Permit Coordinator: ", Field Rep Date Time Message WC WUa �Apvx/A�3 ULkOS ovav PvLb 312-jiv- aw AIW � v VKWX rmw-fim cuym-E 40 th OA7 - Received JAN 2 6 701s Narrative for Water's Edge Grill DMEC Elizabeth City, North Carolina The Water's Edge Grill is an existing restaurant site on the Camden Causeway on US 158 east of Elizabeth City. It has served in that capacity for many years under different names and ownerships. There is an area protruding into the Pasquotank River approximately thirty-six feet. It is stabilized by wooden bulkhead and riprap. A portion of the restaurant enclosure is located on the fill area as well as a deck used for dining and river viewing. The finished surface of the deck is not level and should be leveled to match the proposed new construction of decking and pier. The existing decking will be removed, the pilings proof tested for load bearing capacity, replaced as necessary with sister pilings or removed and new pilings placed. The final deck will at the same level and provide for ADA access from the restaurant. There will be a protective railing around the perimeter of the deck. The elevation of the deck will be at 4.0 feet msl. That elevation will substantially remove the decking from nuisance flooding. The expected non -hurricane event flooding rarely exceeds 3.5 feet msl. The access to the deck will be through the restaurant only. The proposed decking over the public Trust Waters in Phase I will provide for the connection of the pier and will remain open and free of tables, chairs, etc. to allow unrestricted access between the pier and restaurant. The deck is listed as a platform in the MP-4; a and is the total deck (platform) over the Public Trust Waters. There is existing gravel parking at the project and no on -site modifications are planned. The utilities are already present and will remain as they are. There is a wooden bulkhead along the majority of the shoreline. It was installed at various times and although not consistent across the property in elevation and quality, it is still solid and functional. There are no plans to perform any maintenance to any existing structures except the existing deck. The proposed six feet wide main pier will be extended 98 feet beyond the new decking so water depths of 7.5 feet may be attained to provide for vessels normally using the Intracoastal Waterway. There is a Tee pier arrangement planned at the end of the six feet wide main pier to allow for straight in access to the slips from the river and maintain a deeper water depth. The main Tee pier will be five feet wide and seventy one feet long. Attached to the Tee pier will be three piers of five feet in width and fifteen feet long. The three piers will be larger than the normal finger piers in order to accommodate the larger boats likely to use them. There will be three phases of construction planned. The first will be the repair of the existing deck and a southern extension of it adding 611 sf. The second phase will be the east and west portions of the deck with 756 sf on the east and 620 sf on the west side for a total of 1987 sf of new decking over Public Trust Waters. The existing decking is not over the water and the total of new and existing decking will be 3012 sf. The third phase will be the pier construction. No marina services are planned for the site other than transient docking during normal serving hours of the restaurant. Commercial overnight docking will not be allowed. The owner maE I V E D personal boat for short terms. FEB 18 2M DCM- MHO C' i Y There are no documented reports of SAV or presence of shellfish residue in any reports of record. No activities are expected to re -suspend the littoral properties of the substrate. The proposed work will be performed from a barge with a vibratory hammer to set the pilings to a no penetration resistance. Materials will be placed on the barge as needed. Water depth is adequate to move the barges without bottom disturbance. There is not a large predominant wind fetch and the northeast winds will not seriously hamper docked vessels. Winds from the east and southeast have a long fetch but are not frequent. It is still prudent to furnish adequate tie pilings for short- term use. The only disturbing activities planned are the placing of the pilings. The City of Elizabeth City has jurisdiction at this site and plan to issue a zoning certificate compliance letter upon their review of the plans. IN Mra APPLICATION for JAN .a � 2au Major Development Permit DM EC revised 12/27106) DC"" ^'C North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Water's Edge Grill Same Applicant 1: First Name MI Last Name Wayne Y. Chin Applicant 2: First Name MI Last Name John & Mui Chin If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 35 Camden Causeway Camden N.C. ZIP Country Phone No. FAX No. 27921 Camden 757.789.3402 ext. 757-789-3862 Street Address (t different from above) City State ZIP Same Email drwchin@yahoo.com 2. Agent/Contractor Information Business Name A.R. Chesson Construction Co., Inc. Agent/ Contractor 1: First Name MI Last Name Chris Morris Agent/ Contractor 2: First Name MI Last Name Sam Jarvis Mailing Address PO Box City State 138 Rich Boulevard 2266 Elizabeth City N.C. ZIP Phone No. 1 Phone No. 2 27909 252.338-9171 ext. 252-923-0302 ed. FAX No. Contractor # 252 338 9172 N/A Street Address (t different from above) City State ZIP 212 S Main Street Bath N.C. 27808 - Email ChrisMords@archesson.com orsam.jarvispa®embargmail.com <Form continues on back> FF9 1- b �J.i �nt,ne: 1 r Form DCM MP-1 (Page 2 of 4) Received APPLICATION for "I JAN 2 6 7019 Major Development Permit 3. Project Location DMEC County (can be multiple) Street Address State Rd. # Camden 35 Camden Causeway U.S. 158 Subdivision Name City state Zip N/A Camden N.C. 27921 - Phone No. Lot No.(s) (d many, attach additional page with list) 252 - 337 - 9888 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 Pasquotank Pasquotank 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 Pasquotank River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Elizabeth City 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) j129' 170-0 J1fAWwe s 3zG 22,051 c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or N/A NW (normal water level) (If many lot sizes, please attach additional page with a list) 3' ❑NHW or ®NW L e. Vegetation on tract Thin hedge row along portion of west line; grassed strip along west and portion of south lines with an average width of 15 feet. I. Man-made features and uses now on tract Wood bulkhead along entire shoreline; Restaurant building, gravel parking lot, scattered asphalt paving, wood decking, concrete pads g. Identify and describe the existing land uses adjacent to the proposed project site. West side: condominium units, pier, boat slips, East side:oommercial marine, pier, boat slips, launch ramp. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Marine Commercial (Attach zoning compliance certificate, If applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED<Form continues on next page> FEB 18 2016 DCM- MHIYM'Y2 Form DCM MP-1 (Page 3 of 4) Received APPLICATION for Major Development Permit JAN 2 6 ?0" m. (i) Are there wetlands on the site? DCM-EC ❑Yes ®No (ii) Are there coastal wetlands on the site? [--]Yes ®No (iii) If yes to either (i) or (it) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Sanitary Sewer service is provided by the City of Elizabeth City o. Describe existing drinking water supply source. Provided by the City of Elizabeth City p. Describe existing storm water management or treatment systems. Sheet flow with grassed filter strip west and south sides, containment and filter area between bulkhead and gravel lot. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovernment ❑PrivatefCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The business is a family restaurant serving Lunch and dinner, Includes outdoor deck dining and boat slips for transient boating customers. 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. A barge mounted pile driver to also serve as a work platform for decking etc.,will remain in the water. Additional materials to be stored in the gravel parking lot. d. List all development activities you propose. Repair an existing deck to level it, add new pilings and decking and pier pilings, decking with finger piers. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No changes proposed to existing drainage. Drainage is sheet flow toward the river with grassed filter strip and an infiltration containment area between the gravel parking lot and the bulkhead allowing detention and infiltration for the drawdown. i. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA j. Is there any mitigation proposed? []Yes ONO ®NA If yes, attach a mitigation proposal. <Form continues on back> FEB 18 , 916 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permil 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 few to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? if previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Machelhe Cove Association, Inc. Attn. Patsy McGee Phone No. Address 15 Camden Causeway, Elizabeth City, N.C. 27909 Name Halstead Venture Partners, LLC, aun. A.R. Chesson Phone No. Address 43 Camden Causeway Elizabeth City, N.C. 27909 Name N/A Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. Major CAMA permit # 187-85, expired 12-31-90, Marjorie Basnight, permittee, pier, slips, T pier. h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 1�-Z-Z- Print Name C-A`^S Mov.iS Signature 0 tA Received JAN 2 6 10tF Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM-EC ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED FEB 18 2016 DCM— MRI Eliff?B .. 1 888 4RCOAST .. www.0cz3nrytalmanagem2ni ; Received Form 0CM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) JAN 2 6 9111ri DCM-EC 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 proposed. Additional decking adjacent to existing deck to be constructed over existing fill and rip rap stabilization. No additional rip rap or fill is proposed. c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No ®NA (if) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A f. Give the percentage of the entire tract to be covered by impervious and/or buiit-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 84.9% j. Describe proposed method of sewage disposal. City of Elizabeth City I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). N/A b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. N/A I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A h. Projects that require a CAMA Major Development Permit may also require a Stornwater Cenification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (ii) If yes, fist the date submitted: k. Have the facilities described in Item (1) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stornwater design? []Yes []No ®NA If yes, attach appropriate documentation. RECEIVED FEB 18 2016 DCM- NIXID CITY revised: 12; 2Ei 6ss m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) City of Elizabeth City o. When was the lot(s) platted and recorded? WA n. (1) Will water be impounded? []Yes ❑No ®NA (it) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA 1 /22 4 4, Date Water's Edge Grill Received Project Name JAN 2 S 7 , Chris Morris (Agent) Applicant Name D^.EC /,1— A011cant Signature RECEIVED FEB 18 2016 DCM- MHD CITY 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 ❑PubliclGovemment ❑Private/Community c. (I) Dock(s) and/or piers) (ii) Number 5 (W) Length 1 - 6'x98' 2-5x71' 345-5'x15' (iv) Width See above and dwa sheet 2 of 3 (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (ili)Length varies (iv) Width varies=]96isdover water (v) Floating ❑Yes ®No Note: Rooled areas are calculated from dripline dimensions. g. (i) Number of slips proposed 10 III) Number of slips existing 4 I. Check the proposed type of siting: ❑ Land cut and access channel []open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 26' ❑ This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 2 (iii) Length 12' (iv) Width Average 3.0' = 36sf ea (v) Floating ❑Yes ®No I. (i) Are Boadifts included? []Yes ®No If yes: III) Number (III) Length IN) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift aril/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Transient slips for use by restaurant customers no Iona term dockage I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types I. (i) WIII the facility be open to the general public? Rcri"'4 -4/3/16 - LMM 252.808.2808 :: 1.8684RCOAST a www.nccoastalmananoment.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) in. (1) Will the facility have be pilings? MY" ONO ®Yes ONO (if) If yes number of be pilings? 16 2. DOCKING FACILITY/MARINA OPERATIONS ❑ Ms section not applicable a. Check each of the following sanitary facilities that vnll be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons: Number: ; Location: N/A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? WA e. (1) Give the location and number of 'No Sewage Discharge' signs proposed. 2 proposed, one at water and one at land ends of access to pier (11) Give the location and number of'Pumpout Available" signs proposed. N/A I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. WA g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake' signs proposed. N/A i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A I. What will be the marina policy on overnight and live -aboard dockage? No commercial use of the slips for live aboard will be permitted. Overnight will be limited for occasional owner use only. k. Describe design measures that promote boat basin flushing? N/A, Open Channel 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12127/06 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? N/A m. Is the marina/docking facility proposed within a primary or secondary nursery area? OYes ONO n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? OYes ONO 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. OCW OSAV OSB OWL ®None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? OYes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) OTtds section not applicable a. (I) Is the boathouse stmcture(s): []Commercial ❑Public/Govemment OPrivate/Community (it) Number (Ili) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpi/e, etc. if a rock groin, use MP-2, Excavation and Fill.) ®This section ref applicable a. (I) Number (ii) Length (Ili) Width & BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands & MOORING PILINGS and BUOYS ®This sedion not applicable a. Is the struclure(s): b. Number ❑Commercial ❑Public/Governmenl ❑PrIvate/Community c. Distance to be placed beyond shoreline d. Descnpbon of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. 252-808-2808:: 1-888-4RCOAST:: www.nccoastalmanageme_nt_. iet revised: 12127/06 Form DCM MP-4 (structures, Page 4 of 4) e. Arc of the swing _ 7. GENERAL a. Pro'miry of structure(s) to adjacent riparian property lines p� ,�88' (deck to riparian line) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1 ' MI e. (i) Will navigational aids be required as a result of the project? Elves ®No ❑NA (it) If yes, explain what type and Prow they will be implemented. b. Proximlty of structure(s) to adjacent docking facilities. 127' d. Water depth at waterward end of structure at NLW or NWL -7.5' & OTHER [I This section not applicable a. Give complete description: 2256 Sf- (231 b�F The project will have an expanded open deck with,1012sf of area. The area over public trust water is J987siThe deck over existing fill will be used as outdoor dining and normal outdoor food service events. The deck over Public Trust Water will be for observation and water related functions.The pier will be extended to allow deeper draft vessels access to the restaurant. Ten slips are planned and will serve as short term access to the restaurant. No normal marina services will be offered. An adjacent existing marina offers full services for longer term docking, fuel, ramp, and maintenance. 3lit3 Date Water's Edge Grill Project Name Chris Moms (Agent) Applicant Name Applicant Signature p'evit-a ^ LMN1 252.808.2808 :: 1-8884RCOA3T :: www,nccoastalmanagement.net revised: 12127106 Spears, Courtney From: Chris Morris <ChrisMorris@archesson.com> Sent: Thursday, March 03, 2016 12:42 PM To: Spears, Courtney Subject: RE: Water's Edge Grill Plans Attachments: 'CAMA Permit Drawing.pdf Ms. Spears, As discussed yesterday, I have modified the drawing for the deck/pier at The Water's Edge restaurant. We decided to simply take the eastern decking off the plan. The should subtract 756 sf. from the overall deck total over water and leave us with a new total of 1,281 sf. of deck over water. When you add the `T' pier and three small piers to this total you should arrive at 1,811 total s.f. over water. If further modifications to the plan are needed, please let me know and if this plan is now acceptable I will look to get you hard copies. I do have one question in regards to the CAMA application. Do I need to update the MP-4 to reflect these changes? Please let me know how I should proceed. I look forward to hearing from you. Thanks. Chris Morris Designer 1 A. R. Chesson Construction Mobile: 252-377-24401 Office: 252-338-9171 Email: chrismorriso:vchesson.com I Web: http://www.nrchesson.com From: Spears, Courtney[mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, March 02, 2016 9:55 AM To: Chris Morris Subject: Water's Edge Grill Plans Good morning Mr. Chesson, Here is a link to the rules regarding development in the estuarine shoreline area: http://ncdenr.s3.amazon ublic/Coastal%20Management/documents/PDF/CAMA/tl5a-07h.0200.pdf The rule we specifically talked phone regarding platform size, is as follows: 15A NCAC 07H .0208 USE STANDARDS (b) (6) (B) "The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater thar this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marina Please let me know if you have any questions, and I look forward to hearing from you. Thanks! Courtney Spears DCM Coordinator: SQ YS Permit #: Z "� MAILING DISTRIBUTION SHEET Permite^Ateff 6VW Agents: A •PCN3, OVI 0"S+YK,C h ai 1 Ca I nc 1 �O ei ck 91%lQ Po Box ZZW, tf io a%2#i-t Ci 47) DCM Field Offices 27 Elizabeth CW (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARD) j DCM/ Shane Staples , Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMFI r Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Ra h) / John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater F Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Water's Edge Grill 2. LOCATION OF PROJECT SITE: Camden Causeway, Camden, North Carolina Photo Index: 2006: 237-7742 L8 2000: 237-1911 K8 1995: 167-1714 H8 & H9 1989: 1 26-1 K6, K7, L6, & L7 1984: 122-747 D15 and El State Plane Coordinates: X: 2821203.076ftUSE Y: 939808.172ftUSN 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: October 12, 2015 February 2, 2016 Was Applicant Present: No 5. PROCESSING PROCEDURE: Application Received Complete: January 26, 2016 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Camden County LUP Land Classification: Commercial (B) AEC(s) Involved: PTW, EW, & ES (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing: Sewer Planned: Sewer (F) Type of Structures: Existing: Restaurant and associated infrastructure Planned: Pier, finger piers, platform, tie pilings (G) Estimated Annual Rate of Erosion: 0' 7 I-IAPITAT nr=Cr`RIPTICIN• npi=nr;Fn FII I FD SHADING (A) Shallow Water Bottom: EW & PTW 3,227sf (B) High Ground: ES 296sf (C) Other: N/A ICE EIVED FEB 18 2016 (D) Total Area Disturbed: 3,523sf .08 Acres (E) Primary Nursery Area: No DCM- MHD CITY (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to expand an existing deck system landward of normal water level (NWL). Development will also include a new platform waterward of NWL, with a 98' pier, a "T" head, three finger piers, and 18 mooring pilings for a total of 10 formal boat slips. John and Mui Chin Water's Edge Grill Field Investigation Report Page 2 Project Setting r MW The property in question, Water's Edge Grill is owned by John and Mui Chin, and is located on the Camden Causeway, more specifically 435 US 158, Camden County, North Carolina. The property falls within the Extra Territorial Jurisdiction (ETJ) of the City of Elizabeth City approximately 750' east of the draw bridge crossing the Pasquotank River. Camden County and Elizabeth City zone the property in question as commercial. Adjacent uses include a condominium complex, with a 10 slip docking facility on the west side of the property and a 54 slip marina to the east. The property is bounded to the north by US 158 and to the south by the Pasquotank River. The property is the site of a restaurant, but is currently up for lease or sale by the owners. Structures on the property include the main building with a separately pile supported 639 square foot (sf) second floor serving area, accessed by an exterior staircase on the west side of the building. Waste and water services are provided by the City of Elizabeth City. There are no structures waterward of the applicant's —326' bulkheaded shoreline. Classification of the adjacent waterbody is SC from the Norfolk Southern Railroad Bridge above the causeway to a line between Cobb Point and Hospital Point below the causeway. The waters within the project area are "Joint" and as such are Estuarine Waters. Water depths along the bulkhead are between 4 and -4.8'. Depths 156' offshore from the applicant's property are between -6.8' to-7.3'. There are no wetlands or submerged aquatic vegetation on or adjacent to the subject property. Vegetation on the property is limited to a small number of ornamental shrubs and a variety of domestic grasses and weeds. There are no known geologic formations or archaeological sites associated with the applicant's property. Development Proposal The applicant, John and Mui Chin, owners of the Water's Edge Grill in Camden County, propose to expand the existing deck system adjacent to their restaurant and construct a pier with 2 tapered finger piers, a "T" Head at the end of the pier with 3 finger piers, and install 18 tie pilings for the mooring of 10 vessels. The development will be constructed in 3 Phases. No electric or water will be supplied to the slips and a sign will be posted prohibiting the discharge of any waste from the vessels using the dock. The proposed structures will be a minimum of 78' from the eastern riparian line and 87' from the western riparian line. The pier alignment will be a total of 156' waterward of the existing bulkhead and will be slightly landward of the alignment of the adjacent piers. The average water depth at the end of the docking facility is -T. According to the application narrative, the proposed docking facility will be for the use of customers at the restaurant and will not be for overnight use. The only exception will be the use of the dock by the owners to moor their private vessel. RECENE® va 18 Z016 nrM- MHO CITY John and Mui Chin Water's Edge Grill Field Investigation Report Page 3 Phased development proposed by the applicant is as follows: 1) The applicants have proposed the reconstruction and expansion of an existing open wooden deck landward of the bulkhead within the 30' Buffer. This will be constructed as Phase I of the applicant's development. Please note that the applicant's consultant failed to include an existing deck on the west side of the building within the 30' buffer, and upon which is a section of the stairs leading to the second floor serving area. The calculations below include an area of deck omitted on the plan calculations. Deck: Existing Deck 363sf uncovered deck (no proposed change to this area) 553 75sf uncovered deck (729sf - 175 25sf covered by the second floor) 916.75sf = Area of existing "open" deck within the 30' buffer (956.75sf total within the 75' AEC) Phase I New Deck within the 30' Buffer: 296sf (High Ground Shading) Total Area of Deck within the 30' Buffer: 916.75sf + 296sf = 1,212.75sf 2) The applicants propose to extend the deck noted in 1) on the previous page over the water. This will result in the creation of 1,376sf of deck immediately adjacent to the bulkhead. Platform: This area will be constructed in two phases as shown on the plans Phase 1 Center Section of Platform: 39.74' x 15.37' (ave.) = 611sf Phase 2 East Side Section of Platform: 55.3' x 13.67' (ave.) = 756sf West Side Section of Platform: 46.3' x 13.39' (ave.) = 620sf Total Area of Platforms adjacent to the bulkhead = 1,987sf Open Water Shading 3) The project proposal includes a pier, finger piers, a "T" head with finger piers and 18 tie pilings to be constructed as a part of Phase 3. Pier: Extending from the platform constructed in Phase I. RECEIVF7D 6' x 98' (588sf Open Water Shading) FFR I ^p' Finger Piers: Located along the pier main pier (2) tapered fingers. 2(12' x 3') = 72sf Open Water Shading DC, _ ^ , John and Mui Chin 0 Water's Edge Grill Field Investigation Report Page 4 Located on the "T" Head at the end of the pier, (3) 5' x 15' fingers. 3(15' x 5') = 225sf Open Water Shading "T" Head: Located at the waterward end of the pier. 71' x 5' = 355sf Open Water Shading Total Open Water Shading: 3,227sf 4) A total of 18 free standing tie pilings will be installed around the finger piers to accommodate the mooring of 10 vessels as shown on the plans submitted for review. Anticipated Impacts 1) Project will result in the shading of 3,227sf of open water from the pier, finger piers and platforms. 2) High ground shading from decks will total. 3) The proposed development will temporarily disrupt animal populations within adjacent waters and the project area. 4) Installation of pilings for the proposed piers may result in temporally suspending sediments in the water. 5) During the project construction it is anticipated that noise levels may periodically increase above surrounding background (ambient) levels from heavy equipment. 6) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. Submitted By: Lynn Mathis Date: February 3, 2016 RECEIVED FEB 18 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY March 10, 2016 Water's Edge Grill 35 Camden Causeway Camden, N.C. 27921 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure ^ Sincerely, /' Q_�l-�]J" v /7 Douglas V. Huggeett Major Permits Manager N.C. Division of Coastal Management -5�`Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T QQ .a DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 0, A) APPLICANT: John and Mai Chin, Wayne Chin; Water's Edge Grill County: Camden LOCATION OF PROJECT: US 158, Camden Causeway, Camden DATE APPLICATION RECEIVED COMPLETE BY FIELD REP.; 01/26/1M FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD SPECIALIST: Lynn W. Mathis DISTRICT OFFICE: Eliumbethk-City DISTRICT MANAGER REVIEW: Date: /L B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 02/10/16 END OF NOTICE DATE: Comments due: 03/01/16 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 04/10/16 MAIL OUT DATE: Circulation: 02/08/16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE 150 DAY DEADLINE: STATE DUE DATE: Comments due: 02/29/16 FED COMMENTS REC'D: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 2/1 p u �KAAN lyywa20w Z Coastal Management - LUP Consistency 2 � (Q Q yl$1 ST15VL�9 1116 Division of Community Assistance 2 I is t TV Land Quality Section-DEMLR L afNG DWR/DWQ- Aquifer Protection 2��� ' tlz ipI� DWR/DWQ - Storm Water DWR- PublicWaterSupply X yip nyy1YY1QYL State Property Office 2-11 W4ed.W4 ,91 Division of Archives & History —Cultural Res. X 1'vi Division of Env. Health —Shellfish Sanitation (Q X oxa Division of Highways --DOT 1, Wildlife Resources Commission 2 X y G J nV Local Permit Office/Planning Dept. DMF—DCM Fisheries Resource Specialist Z/'Ls L,t >< 'AFSA MDYA*hWlyl Corps of Engineers C 1 10 , _ 0, st I C17 PAT MCCRORY DONALD R. VAN DER VAART Environmental Quality MEMORANDUM TO: Courtney Spear, Assistant Major Permit Coordinator THROUGH: Frank Jennings, District Manager FROM: Lynn Mathis, Field Specialist 4.w DATE: February 3, 2016 SUBJECT: Water's Edge Grill/John and Mui Chin The applicant, John and Mui Chin, owners of the Water's Edge Grill in Camden County, propose to expand the existing deck system adjacent to their restaurant and construct a pier with 2 tapered finger piers, a "T" Head at the end of the pier with 3 finger piers, and install 18 tie pilings for the mooring of 10 vessels. The development will be constructed in 3 Phases. No electric or water will be supplied to the slips and a sign will be posted prohibiting the discharge of any waste from the vessels using docks. The proposed structures will be a minimum of 78' from the eastern riparian line and 87' from the western riparian line. The pier alignment will be a total of 156' waterward of the existing bulkhead and will be slightly landward of the alignment of the adjacent piers. The average water depth at the end of the docking facility is -T. According to the application narrative, the proposed docking facility will be for the use of customers at the restaurant and will not be for overnight use. The only exception will be the use of the dock by the owners to moor their private vessel. I have reviewed the rules as they pertain to marinas, piers and docks and would like to offer the following: 15A NCAC 071-1.0208 USE STANDARDS (a) General Use Standards (3) When the proposed development is in conflict with the general or specific use standards set forth in this Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated with the proposed project will have public benefits as identified in the findings and goals of the Coastal Area Management Act, that the public benefits outweigh the long range adverse effects of the project, that there is no reasonable alternate site available for the project, and that all reasonable means and measures to mitigate adverse impacts of the project have been incorporated into the project design and shall be implemented at the applicant's expense. Comment: The proposal is not in conflict with the general or specific use standards. 15 NCAC 07H .0208 USE STANDARDS (b)Special Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; �'^Nothing Compares.--.. State of North Carolina I Environmental Quality RECEIVED FEB 0 9 2016 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1 252-264-3723 [fax] An Equal Opportunity \Affirmative Acton Employer DCM- MHD CITY Water's Edge Grill John and Mui Chin Recommendations Page 2 Consistent: Proposed pier is six feet in width and the finger piers are 3' and 5' in width. (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square .feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; Inconsistent: The total area of shading by the proposed finger pier will be 2,639sf. (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; Consistent: NIA (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; Consistent: No boat house proposed. (E) The total area enclosed by an individual boatlift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; Consistent: No boatlifts proposed. (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; Consistent: Single story proposed. (G) Pier and docking facility length shall be limited. Consistent: The length will not exceed the length of adjacent piers. (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Consistent: The pier will be less than 400'. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The docking facility will be set back greater than the minimum 15' requirement. (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The pier location does not involve any shellfishing franchishECEIVED FEB 0 9 2016 DCM- MHD CITY C� Water's Edge Grill John and Mui Chin Recommendations Page 3 15A NCAC 07H .0209 COASTAL SHORELINES (d) Use Standards (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The above rule states that restaurants are not a water dependent use; however, area of proposed expansion within the buffer is covered in gravel and shell. And (F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet; Consistent: The proposed expansion will be over an existing rock and shell bed. Based on this rule review I would like to recommend the following conditions: 1) Limit platform area including finger piers and the "T" head to 2,000sf as established by rule. 2) Allow the reconstruction and expansion of existing decks within the 30' buffer. 3) Standard conditions for docks and piers. 4) Maintain reflectors on all tie pilings. RECEIVED FEB 0 8 --, DCM- Mr1l; �; �, C5 i.+ Coastal Management ENVIRONMENTAL OUALITV February 8, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Governor DONALD R. VAN DER VAART secretory BRAXTON DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John and Mui Chin, Wayne Chin; Water's Edge Grill US 158, Camden Causeway, Camden County Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/29/16 to Courtney Swears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached DATE 2-10- Lo -RECEIVED !>^Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264.3723 [fax] FEB 2 2 2016 DCM- MHD CITY PAT MCCRORY ~/ DONALD R. VAN DER VAART BRAXTON DAVIS Coasra(Managemenr ENVIRONMENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal Management FROM: Charlan Owen�'P(ICP, District Planner Division of Coastal Management SUBJECT: Major Permit Request by John and Mui Chin to install decking landward of Normal Water Level (NWL) and a platform, a 6 foot wide by 98 foot long pier with a 5 foot wide by 71 foot long 'IT" head terminus platform, two (2) 3 foot wide by 12 foot long tapered finger piers, three (3) 5 foot wide by 15 foot long finger piers, and eighteen (18) free standing tie pilings on the Pasquotank River; at 435 US Highway 158, in Elizabeth City. DATE: February 18, 2016 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County/Elizabeth City 2004 Advanced Core Land Use Plan (LUP) certified by the CRC on February 9, 2012. Overview: The .5 acre subject property has approximately 326 linear feet of shoreline along the Pasquotank River. The site is minimally vegetated with ornamental shrubs and a variety of domestic grasses and weeds. The property is located within the AE Floodzone. Water depths adjacent to the property range from -4 feet to -4.8 feet. Depths 156 feet offshore are between -6.8 feet to -7.3 feet. Existing site improvements consist of a vacant, restaurant structure that includes a 2,462 sq. ft. main building, a separate, pile -supported 639 sq. ft. second floor accessed by an exterior staircase, and decking that extends from the main building and around the exterior staircase; a gravel parking area with remnant asphalt and concrete, and; public water and sewer system connections. A wooden bulkhead is located along the entire shoreline. A shell surface is located between the decking and bulkhead, east and south of the restaurant structure. Installation of decking, a platform, a 6 foot wide by 98 foot long pier with a 5 foot wide by 71 foot long "T" head terminus platform, two (2) 3 foot wide by 12 foot long tapered finger piers, three (3) 5 foot wide by 15 foot long finger piers, and eighteen (18) free standing tie pilings is proposed. Existing decking will be removed. A protective railing will be installed along the deck perimeter. The decking will be located landward of Normal Water Level (NWL) and connect to the platform which will be located waterward of NWL. The pilings will be installed around the finger piers to accommodate ten (10) boat slips. The project is intended to be constructed in three (3) phases. Phase I will include the decking and a portion of platform; Phase II will include RECEIVED "Nothing Compares - FEB 2 2 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 DCM- MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management CI MEMORANDUM Page 2 of 4 the remaining platform, and; Phase III will include the pier with "T" head terminus platform, finger piers, and tie pilings. According to the application narrative, the docking facility will be for the use of customers at the restaurant and will not be for overnight use. The only exception will be use of the dock by the owners to moor their private vessel. Modifications to the deck area will result in a deck and docking facility improvements that are only accessible through the restaurant. The waters of the Pasquotank River in this area are classified as SC and Joint waters in this and are closed to shellfish harvesting. There is no Submerged Aquatic Vegetation (SAV) adjacent to the property. There are no known geological formations or archaeological resources associated with the property. Anticipated Impacts resulting from this project are expected to include: the shading of 3,227 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 296 sq. ft. of High Ground within the Estuarine Shoreline AEC. Basis for Determination: The Pasquotank County/Elizabeth City 2004 Land Use Plan identified the project site as "General Commercial". As indicated on Page 165 of the Elizabeth City Future Land Use Plan Map (FLUPM), "Conservation/Open Space" areas include parks, coastal wetlands, estuarine waters, estuarine shoreline, public trust waters, and non -coastal '404' wetlands. A glossary of terms used in the policy statements is provided on Page 127. These include: Continue: Follow past and present procedures to maintain desired goal, usually with elected officials, appointed officials, and staff involved at all levels from planning to implementation. Encourage: To stimulate or foster a particular condition through direct or indirect action the private sector or through local government regulation, staff recommendation and decisions. Promote: Advance the desired state through the use of local government policies and codes and elected officials, appointed officials, and staff involved at all levels of planning. This may include financial support. Support: Supply the needed staff support, policies, and financial assistance at all levels to achieve the desired goal." RECEIVED FEB 2 2 2016 -^� Nothing Compares , State of North Carolina I Environmental Quality I Coastal Management D C M- M H D CITY 1367 US Hwy 17 South I Elinbeth City, NC 27909 252-264-3901 C`7 North Carolina Department of Environmental Quality Division of Coastal Management The following LUP policy statements may be applicable to this request: Public Access: Policy 1, Page 133. "Ensure a variety of opportunities for access to public trust waters to all segments of the community, including persons with disabilities." Policy 2, Page 133. "Ensure that the issue of public access to public trust waters is addressed as new waterfront development proposals are reviewed for approval." Policy 7, Page 133. "Encourage pedestrian access to and utility of the waterfront, in order to enhance its commercial development/tourist attraction potential." Land Use Compatibility: Policy 1, Page 133. "Ensure that land use and development activities provide a balance between economic development needs and protection of natural resources and fragile environments." Policy 4, Page 133. "The City believes that future land development patterns should be done so as to enhance the City's natural scenic and aesthetic qualities. This policy shall especially apply to any development relating to the Pasquotank River and to commercial activities along the major thoroughfares." Areas of Environment Concern: Policy 1, Page 138. "Support state and federal law regarding land use and development in Areas of Environmental Concern (AEC)." 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 MEMORANDUM Page 3 of 4 RECEIVED FEB 2 2 2016 ITY North Carolina Department of Environmental Quality Division of Coastal Management Policy 2, Page 138. "Within AEC, permit those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses include utility easements, docks, boat ramps, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy 3, Page 138. "Elizabeth City believes that the statutory AEC which occur within its jurisdiction, i.e., Coastal Wetlands, Estuarine Waters, Estuarine Shorelines and Public Trust Waters should be protected from undue encroachment in order to preserve their natural and important ecological functions." Policy 5, Page 138. "Restrict development in estuarine waters and public trust waters to those uses that will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas." Policy 6, Page 138. "The City believes that any development permitted must conform to State, Local and Federal environmental regulations and not cause a degradation or irreversible damage to the sensitive estuarine system." Policy 7, Page 138. "Elizabeth City, with an extensive shoreline along the Pasquotank River, believes that all Public Trust Waters should be open to public navigation." Areas of Local Concern Policy 22, Page 140. "Support the development and expansion of travel and tourism facilities as part of its move toward economic diversification. However, all such facilities must be consistent with policies on protecting and managing its resources." "Nothing Compares -,. State of Nooh Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 MEMORANDUM Page 4 of 4 RECEIVED FEB 2 2 2016 DCM- MHD CITY J I C1. Coastal Management ENVIRONMENTAL QUALITY February 8, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review BRAXTON DAVIS Director RECEIVED FEB 2 9 2016 DCM- MHD CITY John and Mui Chin, Wayne Chin; Water's Edge Grill US 158, Camden Causeway, Camden County Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/29/16 to Courtney Spears; Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �y�� �- DATE *Z — '-^Nothing Compares _- State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] G Coastal Management ENVIRONMENTAL OUALITV February 8, 2016 MEMORANDUM PAT MCCRORY Govemor DONALD R. VAN DER VAART nECEIVEp/NCDENR/DWR secretary, FER 112016 Wafer Quality noglonal W19111 8ioo ne Section glonai office BRAXTON DAVIS Director Engineer ----------- ------ Protection Section; WaRO FROM: Doug.Huggett, Major Permits Coordinator Division of CoastalManagement SUBJECTS CAMA Permit Application; Review Applicant: John and Mull Chin, Wayne Chin; Water's Edge Grill Project Location: US 158, Camden. Causeway, Camden County Proposed Project: Deck expansion, new platform, pier w/T-head; finger piers; mooring pilings Please indicate,belowyour agency's_ position or°viewpoint on the proposed project and return this form by 02/29/16"to Courtney Spears, Assistant Mkior Permits Coordinator, 400'Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please:contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate,, in-depth comments With supporting data.are-requested. . REPLY: t This agency has no objection to theprejecas proposed. � /This agency,Ms no, comment on the proposed project. SIGNED 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. Nothing Compares,.,, Stale OfNolth Camlina I Envinon 1367 US Hmy 17 South I Eli 252.264-39011 U5, 4� Water Resources ENVIRONMENTAL QUALITY PAT. MCCRORY;. NOT A CAMA PERMIT DONALD R. VAN DER VAART . seaway S: JAY ZIMMERMAN February 18, 2016 Dinctor DWR *Project# 16-0143 Camden County, '.Wayne Y. Chin,' John and Mui:Chin . 35 Camden Causeway Camden, NC 27921 Subject Property:, NO WRITTEN CONCURRENCE REQUIRED Watees Edge Grill Dear.Messrs. and Mrs.. Chin: The Division of Water Resources (DWR) has received copy of your CAMA Major application. DWR issues approval in the form of.a'Water Quality Certification (WQC) in conjunction with. the LAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification'#3900 (GC3900); the impacts described in your application do not require written authorization to utilize GC 3900. However; you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal; state and'local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings' (hereby known as OAH). A petition form maybe obtained from the OAH. at htto://Www.ncoah.com/ or bycalling'the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, -a petition must he filed with the OAH. A petition Is considered filed when the original 'and one (1) copy along with any applicable OAH filing fee is received In the OAH during normal, office hours (Monday through Friday between 8:00am and 5:00pm, excluding. official state holidays). " .The petition maybe faxed to the OAH at (919) 432-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the. faxed transmission. Mailing address for the OAH: If sending via US Postal Seivice: If sending via delivery service (UPS, FedEx, etc.): StateoMACMUM I llnvuonmentel Quality I Waterkeso —Water Quality Regional Operadona—Washington Regional Offia 943 Wmhiagton SgaareMail, Wasbiogta, NC 27889 252-946-Ugl 6. Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714' Raleigh, NC 27609-6285 One (1).copy of the petition must.also be served to DENR: . Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail'Service Center Raleigh, NC 27699°1601 This letter completes the review of the Division'undersection 401 of the Clean Water: Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauah0ncdenr.eoy if you have any questions or concerns. Sincerely, Robert Tankard, Assist nt Regional Supervisor Water Quality Regional OperationsSection Division of Water Resources, NCDEQ Attachments:: GC'3900 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office Courtney Spears, DCM Morehead City Office Lynn Mathis, DCM:Elizabeth. City Office File copy Laserfiche C� Energy Mineral andland Resources ENVIRONMENTAL QUALITY John & Mui Chin,and Wayne Chin 35 Camden Causeway Camden, NC 27921 PAT MCCRORY Gow mof DONALD R. VAN DER VAART .. Sccrerary TRACY DAVIS Uiredor March 4, 2016 Subject: Stormwater Permit Exemption Stormwater Project No. SW7160206 Water's Edge Grill 'Camden'County DearMr. and Mrs Chin: On February 11, 2016, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA Major application for a deck expansion, new platform, pier with a T-head, finger piers and mooring pilings 'as:a_part of Water's Edge Gill improvements, located along US Hwy 158, Camden Causeway In Camden County, NC. Staff review of the plans:and specifications has determinedthat the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious -area is proposed. The Director has determined that projects that are reviewed and, approved by the Division as notposing water quality threats from stormwater runoff should not be subject'to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will. not require a.5tate Stormwater managementpermit at this time. The stormwater rules require the Division to permit the common. plan of development, therefore,'any future development on the property, regardless of whether a SEC plan or LAMA Major permit is also required, will require aStormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land: Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000' and may"result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal; State, or local government agencies; rule or law. If you have any questions, or need additional' information concerning this matter, please contact meat (252) 946-6481. Sincerely, Samir, Dumpor, PE Regional Engineer sd: G:\SD\Exemptions\SW7160205 cc: Doug Huggett, DCM Washington Regional Office State of North Carolina I Environmental Quality Energy, Mineral and Land Resources CoastalManagemenr ENVIRONMENTAL QUALITY February 8, 2016' MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed. Project: EECEIV D F E B 1 1 2016 PAT MCCRORY Gowmor DONALD R. VAN DER VAART ,. Semmry BRAXTON DAVIS Dlrecmr Samir Dumpor, Environmental Engineer II DWR - Water Quality — Coastal Stormwater Permits, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John and Mui Chin, Wayne Chin; Water'? Edge Grill US 158, Camden Causeway, Camden County Deck expansion,new platform, pier w/T-head; finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and'retum this form by.02/29/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth.comments with supporting data are requested. REPLY: V This agency has no objection to the project as proposed. 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. 0 SIGNED '7 DATE Nothing Compares,. . State of Nonb Carolina I Envitonmentel Quality I Coastal Management Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY W Govemor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director February 8, 2016 MEMORANDUM: To: Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSS/WaRO Subject: CAMA Permit Application Review Applicant: John and Mui Chin, Wayne Chin; Water's Edge Grill Project Location: US 158, Camden Causeway, Camden County Proposed Project: Deck expansion, new platform, pier w/ T-head, finger piers, mooring pilings REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. This office objects to the project for reasons described in the attached comments. SIGNED '�,j DATE 2-15-2016 RECEIVIF0 FEB I&,_0; DCN, PlIiN lc �,--y State of North Carolina I Environmental Quality I Water Resources Public Water Supply Section I Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 252 946 6481 1 Fax 252 948 0040 1 www.ncwau rnrglpws/ Coastal Management ENVIRONMENTAL QUALITY February 8, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED FEB 1 0 2016 DOA STATE PROPERTY OFFICE Tim Walton, Manager State Property Office PAT MCCRORY Gowmor DONALD R. VAN DER VAART see-lary Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review BRAXTON DAVIS Director John and Mui Chin, Wayne Chin; Water's Edge Grill US 158, Camden Causeway, Camden County Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/29/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. C u1 This office has no comment on the proposed project. lLS C 10.5 0 This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. RECEIVED i II FFB 18 2016 SIGNED �il�Q/11d— FK.l�(�-�Oy DATE a - i 1- a air e _ r.14a� ;:; ; Y tv µo'. e, do^ L0,44 rCCtse "' e'"� — -^Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] PAT MCCRORY Governor BILL DAUGHTRIDGE, JR. Secretary State Property Office ADMINISTRATION February 11, 2016 To: Doug Huggett, Major Permits Coordinator Division of Coastal Management From: Wanda Hilliard /W0- J rl 4UJw J Real Property Agent Re: CAMA/ Permit Application Review Applicant — John and Mui Chin, Wayne Chin; Water's Edge Grill 10-slip docking facility for commercial use The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged land easement. RECEIVED FEB 18 2016 DCM- MHD CITY Nothing Compares---.� State of North Carolina I Administration I State Property Office 1321 Mail Service Center 1116 W. Jones Street I Raleigh, NC 27699-1321 http://www.nc5po.orcil9l98074650 T 1919 7331431 F PAT;-M&MO.R-Y. D6NIALD'R. VAN DEA,NAART BIW(TON.DAViS Fqbniary, 0, 2016 MEMORANDUM TO; R6hbe^Glcdhill=&rly- N C C61tural Re,so-imc.es FROMI Doug qjuggett,:M aj *pr*P prrniis Coordinator Divisiom6f QoastalManagement CAMATe itAPPR6 tio JW' W, SUBJECT;: Applicant: John -and Nlui-Chin; Wayne,Chirq Wafcrls.EdgcGrill, Procef L6c..itJoh-,- L.J$4,58', Camdeff.Cause%vay,:.Camdpn, Cbnnfy' Project:Proposed Dec)Gack ion I , ne%, c ifings� O.ns platform,pier.w --hqpd, gqTpicrs,,,moorm&pi iPlcasc�indi6at6'bel '" posiiion,or�N�i(�)ypoint,,on,tli rojecvand rciurnthis! ow,yow,49briby's, eprop6sedp 'form -bVo bi/24i9 'o�oiirrs tnevgpe�•Mgistin(Maior*Pc--niit�sCoordin,,itor400Cbm"'Merco� �Avenue - — 'T - a questions ,;Morchcad Cijy, NC.28557':(fax:, 252-247-3310). If you have any qu tions regarding, 'flie,prb-pproposed 'project,tpleasexontact LyrnWfhis�v(;�2) 264 A901, qxt. 234. When appKoprate, - in-ritith,o.nrnniL.ni-�,Lx,itli.-u'n'iiortin2 dataare reciue9ted.. Rt PLY.' Thi§,Qffice has no objection to the, prqjcct,as'lro'p'oscd. Thts,Urlcc, has rio�. coinment.on'the- prqpos:qdprgjec.t-. This office apoioves: 6f:the..pr6JJcct only it the, recommended -changes are 'incowated. !See attached. This 'office. . objects t I o the °proi*ecifor reasons described in t,he attached. corninents' SIGNED, DATE.. SOO OfNordl cm0lim I Fnh - mmentai 6Wityl Coulal milmmmt 'y 1,iS.md..'66bmffiC4y,NC27909 FEB -1 2,2016 1367 US iN 232:614901 I Y52:Z64�37D If"] Coastal Management ENVIRONMENTAL OUALITV February 8, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: FEB 1p 2016 sh Sanitation 6 Recreational Water Quality Section PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direnor Patti Fowler, Section Chief Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John and Mui Chin, Wayne Chin; Water's Edge Grill US 158, Camden Causeway, Camden County Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/29/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED 7U0+, rb?k: DATE 1--10/1tP RECEIVED !''Nothing Compares, FEB 12 2616 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy517 South I E1��6City, NC 437 7 [f27 09 D CM- MHD CITY 02/29/2016 09:26 2523314739 NCDOT PAGE 01/01 n a Y l/y PAT MCCRORY Oro rnor ,. DONALD R. VAN DER VAART ym»elcly BRAXTON DAVIS Ulreclo, Coastal Management ENVIRONMENTAL OUAW" February 8, 2016 MEMO UM. TO: Ken Pace, PE; Environmental Operations &Rest Area n ,� Department of Transportation j►WJj C L�'-+ Y FROM; Doug 1-luggett, Major Permits Coordinator FEB 2 9 2016 Division of Coastal Management DISTRICT OFFICE SUBJECT: CAMA Permit Application Review Applicant: John and Mu Chin, Wayne Chin; Water's Edge Grill Project Location: US 158, Camden Causeway, Camden County Proposed Project: Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form by 020/16 to Courtnev Svc s Assistant Maior Permits Coordinator, 400 Commerce Avenge, Morehead City NC 28557 (fax 252-247-33301. if you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234, When appropriate, in-depth comments with supporting data are requested. REPLY: r/ This office has no objection to the project as proposed. This office has no comment on the proposed project. S1G11 This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached DATE *901u- npares--,-^. StateA Notth CnroliMI FJMr0"M=t01 QaalityJCanmzl ManoRe ffl 1367 Us Hwy 17 South I Elizabeth City. NC 27909 252.264.39011252-264-37Z [rail 61 Coastal Management ENVIRONMENTAL OUALITY February 8, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: G . 14,-o7-.l 1, o I Maria Tripp Dunn NC Wildlife Resources Commission PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary RECEIMTON DAMS Director FEB 2 9 2016 DCM- MHD Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review John and Mui Chin, Wayne Chin; Water's Edge Grill US 158, Camden Causeway, Camden County FEB 2016 RECEIVED R-bitat �7t tt Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/29/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. ,/ This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED (1 / i. d—l�— DATE !-'Nothing Compares� State of North Carolina I Ewromnental Quality I Coastal Management 1367 US Hwy 17 South I Elfrabeth City, NC 27909 252-264-39011252-264-3723 [fax] RECEIVED FEB 2 9 2016 DCM- MHD CITY North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Division of Habitat Conservation DATE: February 25, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for John and Nui Chin, Wayne Chin, Water's Edge Grill, Camden 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 on US 158 on the Camden Causeway near Elizabeth City, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to expand an existing deck system landward the normal water level (NWL) as well as construct a new platform waterward NWL with a 98' pier, "T" head, three finger piers, and 18 mooring pilings to establish 10 formal slips. No electricity or water services will be provided to the facility. Water depths within the slip area averages -T NWL. The Pasquotank River at this location is classified SC by the Environmental Management Commission and is designated an anadromous fish spawning area (AFSA) by the NC Division of Marine Fisheries (NCDMF) and NCWRC. The NCWRC has reviewed the permit application and does not object to the construction of the docking facility if the following are included as permit conditions: • To minimize impacts to anadromous fish, no in -water work should be conducted from February 15 — June 30 of any year. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 0 CMDF_Water's Edge Grill Page 2 February 25, 2016 as The docking facility should have reflectors to aid vessel navigation at night. If a lighting system is included in facility design, we request the lights not be directed at the water to distract fish migrations. • The design of the facility should be so it does not encroach on any navigation channel or navigation channel setback. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria. dunnancwildlife. org RECEIVED r D 9� 9 2016 �..... .: I .../ !!. PAT MCCRORY Govemor RECEIVED c DONALD R. VAN DER VAART FEB I 6016 Secretary DCiA F�BhIDAaND BRAXTON DAVIS Coastal Management WARO Dimctor ENVIRONMENTAL ONALITY February 8, 2016 TO: I Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: John and Mui Chin, Wayne Chin; Water's Edge Grill Project Location: US 158, Camden Causeway,. Camden County Proposed Project: Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form bytO2/29/16 to"Courtnev Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, m-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in'the attached comments. SIGNED �.&� DATE a2 �2�/x -^/'Nothing Compares..-,,c. State of North Carotin I FAavonmental Qoality I Coastal la�ee.M.a, 1367US Hwy 17 South I Elizabeth City, NC 27909 252-2643901 I252-264-3723 JW . Cg PAT MCCRORY DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: John and Mui Chin, Wayne Chin; Water's Edge Grill DATE: 2/25/16 \'i 11"1� BRAXTON DAVIS A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to expand an existing deck system landward of normal water level, new platform waterward of normal water level, a 98' pier with T-head, three finger piers, and 18 mooring pilings. This will result in the shading of 3,227sf of shallow bottom public trust water and 10 formal boat slips will be created. The location of the project is on the south side of state highway 158 on the east side of the causeway in Elizabeth City. The proposed project is located in water designated by the Division of Marine Fisheries as an Anadromous Fish Spawning Area (AFSA). This designation means the area is considered vital to the spawning migration of anadromous fish such as river herring. In order to not disturb the spawning migration of these fish it is recommended that the proposed project be held to the Feb 15- June 30 AFSA moratorium for in -water work. Observation of this moratorium should help minimize any potential negative impacts to the spawning migration of anadromous fish that use this area. Contact Shane Staples at (252) 948-3950 or shane.staoles@ncdenr.gov with further questions or concerns. Nothing Compares Stite ofNonh Caroline I Fnvim meMal Quality I Coate) Mmagemeut Adds 1 I Adman 2 I City, State ZIP NO ODD DODO T Spears, Courtney From: Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.mil> Sent: Tuesday, March 01, 2016 10:20 AM To: Spears, Courtney Subject: Project Updates I am working on a couple of projects in Josh's counties due to work loads, etc... and providing you the ones I have in his counties. Thanks and hope this helps! Miguel Velasco SAW 2016-00319 Tier 11 PGP 1Mar16 Pirates Cove HOA SAW 2016-00317 Tier 11 PGP 1Mar16 John Chin SAW 2016-00320 Tier II PGP 1Mar16 Also has DCM issued the CAMA Permit for William Wilcox in Perquimans County? V/R Raleigh W. Bland, P.W.S. Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 W. Sth Street Washington, North Carolina 27889 910-251-4564 PAT MCCRORY 5MtoProperty Ott"ice ADMINISTRATION March 4, 2016 To: Doug Huggett, Major Permits Coordinator Division of Coastal Management From: Wanda Hilliard C a K0 4-t.- - 0A 4a(j Real Property Agent Re: CAMA /Permit Application Review John and Mui Chin, Wayne Chin; Water's Edge Grill Govemo, KATHRYNJOHNSTON AlaingSecretar, RECEN"L-) MAR 0 7 2016 DCM- MHD CITY After a review of the G.S. 146-12 Section N (Exemptions) we determined the type of structure outlined in your request will not require a submerged land easement. This memo will supersede the memo returned on February 11, 2016 with application. However please confirm that the proposed development and/or facilities are not located within the 1000' USACE AIWW easement area. Nothing Compares State of North Carolina I Administration I State Property Office 1321 Mail Service Center 1 116 W. Jones Street I Raleigh, NC 27699-1321 httpJJwww.ncspo.org 1919 807 4650 T 1919 7331431 F it Coastal Management ENVIRONMENTAL OUALITV February 8, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: a A¢..-1.rENF_.. FEB 10 2016 CUA ST4'1"E: ;=IROPERTY OF Tim Walton, Manager State Property Office PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory Doug Huggett, Major Permits Coordinator Division of Coastal Management BRAXTON DAVIS Director RECEIVED MAR 0 7 2016 DCM_ Itiel-ID CITY CAMA Permit Application Review John and Mui Chin, Wayne Chin; Water's Edge Grill US 158, Camden Causeway, Camden County Deck expansion, new platform, pier w/T-head, finger piers, mooring pilings Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/29/16 to Courtney Spears Assistant Major Permits Coordinator, 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. Vk%V4-` < C' This office has no comment on the proposed project. CtS e, -, lO J��J S This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED (if )Q(A(,d- 1JJJ,[AA-'0� DATE w kko . 1% G�Ap n14, kA- <>^Nothing Compares... State of North Caroline I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fml DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Water's Edge Grill 2. LOCATION OF PROJECT SITE: Camden Causeway, Camden, North Carolina Photo Index: 2006: 237-7742 L8 2000: 237-1911 K8 1995: 167-1714 H8 & H9 1989: 1 26-1 K6, K7, L6, & L7 1984: 122-747 D15 and E15 State Plane Coordinates: X: 2821203.076ftUSE Y: 939808.172ftUSN 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: October 12, 2015 February 2, 2016 Was Applicant Present: No PROCESSING PROCEDURE: Application Received Complete: January 26, 2016 Office: Elizabeth City SITE DESCRIPTION: (A) Local Land Use Plan: Camden County LUP Land Classification: Commercial (B) AEC(s) Involved: PTW, EW, & ES (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing: Sewer Planned: Sewer (F) Type of Structures: Existing: Restaurant and associated infrastructure Planned: Pier, finger piers, platform, tie pilings (G) Estimated Annual Rate of Erosion: 0' UADMAT nG4ZCRIPTIr1N• nRFDr.FD FILLED SHADING (A) Shallow Water Bottom: EW & PTW 3,227sf (B) High Ground: ES 296sf (C) Other: N/A (D) Total Area Disturbed: 3,523sf .08 Acres (E) Primary Nursery Area: No (F) Water Classification: SC Open: No PROJECT SUMMARY: The applicant is proposing to expand an existing deck system landward of normal water level (NWL). Development will also include a new platform waterward of NWL, with a 98' pier, a "T" head, three finger piers, and 18 mooring pilings for a total of 10 formal boat slips. John and Mui Chin Water's Edge Grill Field Investigation Report Page 2 Proiect Settin The property in question, Water's Edge Grill is owned by John and Mui Chin, and is located on the Camden Causeway, more specifically 435 US 158, Camden County, North Carolina. The property falls within the Extra Territorial Jurisdiction (ETJ) of the City of Elizabeth City approximately 750' east of the draw bridge crossing the Pasquotank River. Camden County and Elizabeth City zone the property in question as commercial. Adjacent uses include a condominium complex, with a 10 slip docking facility on the west side of the property and a 54 slip marina to the east. The property is bounded to the north by US 158 and to the south by the Pasquotank River. The property is the site of a restaurant, but is currently up for lease or sale by the owners. Structures on the property include the main building with a separately pile supported 639 square foot (so second floor serving area, accessed by an exterior staircase on the west side of the building. Waste and water services are provided by the City of Elizabeth City. There are no structures waterward of the applicant's —326' bulkheaded shoreline. Classification of the adjacent waterbody is SC from the Norfolk Southern Railroad Bridge above the causeway to a line between Cobb Point and Hospital Point below the causeway. The waters within the project area are "Joint" and as such are Estuarine Waters. Water depths along the bulkhead are between -4' and -4.8'. Depths 156' offshore from the applicant's property are between -6.8' to-7.3'. There are no wetlands or submerged aquatic vegetation on or adjacent to the subject property. Vegetation on the property is limited to a small number of ornamental shrubs and a variety of domestic grasses and weeds. There are no known geologic formations or archaeological sites associated with the applicant's property. Development Proposal The applicant, John and Mui Chin, owners of the Water's Edge Grill in Camden County, propose to expand the existing deck system adjacent to their restaurant and construct a pier with 2 tapered finger piers, a "T" Head at the end of the pier with 3 finger piers, and install 18 tie pilings for the mooring of 10 vessels. The development will be constructed in 3 Phases. No electric or water will be supplied to the slips and a sign will be posted prohibiting the discharge of any waste from the vessels using the dock. The proposed structures will be a minimum of 78' from the eastern riparian line and 87' from the western riparian line. The pier alignment will be a total of 156' waterward of the existing bulkhead and will be slightly landward of the alignment of the adjacent piers. The average water depth at the end of the docking facility is -7'. According to the application narrative, the proposed docking facility will be for the use of customers at the restaurant and will not be for overnight use. The only exception will be the use of the dock by the owners to moor their private vessel. John and Mui Chin Water's Edge Grill Field Investigation Report Page 3 Phased development proposed by the applicant is as follows: 1) The applicants have proposed the reconstruction and expansion of an existing open wooden deck landward of the bulkhead within the 30' Buffer. This will be constructed as Phase I of the applicant's development. Please note that the applicant's consultant failed to include an existing deck on the west side of the building within the 30' buffer, and upon which is a section of the stairs leading to the second floor serving area. The calculations below include an area of deck omitted on the plan calculations. Deck: Existing Deck: 363sf uncovered deck (no proposed change to this area) 916.75sf = Area of existing "open" deck within the 30' (956.75sf total within the 75' AEC) Phase I New Deck within the 30' Buffer 296sf (HigfSGroundyShadiog, Total Area of Deck within the 30' Buffer: 916.75sf + 296sf = 1,212.75sf 2) The applicants -propose to, extend_ the deck noted in 1) on the previous page over the water. This will result in the creation of 1,376sf-of deck immediately adjacent to the bulkhead. Platform: This area will be constructed in two phases as shown on the plans Phase 1 Center Section of Platform: 39.74' x 15.37' (ave.) = 611 sf Phase 2 East Side Section of Platform: 55.3' x 13.6T (ave.) = 756sf West Side Section of Platform: 46.3' x 13.39' (ave.)= 620sf Total Area of Platforms adjacent to the bulkhead = f f 7sf_Ofen 1NafeF Shading 3) The project proposal includes a pier, finger piers, a "T" head with finger piers and 18 tie pilings to be constructed as a part of Phase 3. Pier: Extending from the platform constructed in Phase I. 6' x 98' (5$8sf Open=later Shadrg Finger Piers: Located along the pier main pier (2) tapered fingers. 2(12' x T) = 72sf Open Wate Shading John and Mui Chin Water's Edge Grill Field Investigation Report Page 4 Located on the "T" Head at the end of the pier, (3) 5' x 15' fingers. 3(15' x 5') 225sfi Open Vt/ater shad ni "T" Head: Located at the. waterward end of the. pier. 7 1 ' x 5' 355sf Qper%_%aierSlac�ing Total�OpenWater §hailing � Z27s 4) :A total of 18 free standing tie pilings -will be -installed around the finger piers to accommodate the mooring of 10 vessels as shown on the plans submitted for review. ,anticipated Impacts 1) Project will result in the shading of 3,227sf of open water from the pier, finger piers and platforms. 2) High ground shading from decks will total. 3) The proposed development will temporarily disrupt animal populations within adjacent waters and. the project area. 4) Installation of pilings for the proposed piers may result in temporally suspending sediments in the water. 5) During the project construction it is anticipated that noise levels may periodically increase above surrounding background (ambient) levels from heavy equipment. 6) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. Submitted By: Lynn Mathis Date: February 3, 2016 e JAN 2 8 7019, Narrative for Water's Edge Grill ®CM -EC Elizabeth City, North Carolina The Water's Edge Grill is an existing restaurant site on the Camden Causeway on US 158 east of Elizabeth City. It has served in that capacity for many years under different names and ownerships. There is an area protruding into the Pasquotank River approximately thirty-six feet. It is stabilized by wooden bulkhead and riprap. A portion of the restaurant enclosure is located on the fill area as well as a deck used for dining and river viewing. The finished surface of the deck is not level and should be leveled to match the proposed new construction of decking and pier. The existing decking will be removed, the pilings proof tested for load bearing capacity, replaced as necessary with sister pilings or removed and new pilings placed. The final deck will at the same level and provide for ADA access from the restaurant. There will be a protective railing around the perimeter of the deck. The elevation of the deck will be at 4.0 feet msl. That elevation will substantially remove the decking from nuisance flooding. The expected non -hurricane event flooding rarely exceeds 3.5 feet msl. The access to the deck will be through the restaurant only. The proposed decking over the public Trust Waters in Phase I will provide for the connection of the pier and will remain open and free of tables, chairs, etc. to allow unrestricted access between the pier and restaurant. The deck is listed as a platform in the MP-4; a and is the total deck (platform) over the Public Trust Waters. There is existing gravel parking at the project and no on -site modifications are planned. The utilities are already present and will remain as they are. There is a wooden bulkhead along the majority of the shoreline. It was installed at various times and although not consistent across the property in elevation and quality, it is still solid and functional. There are no plans to perform any maintenance to any existing structures except the existing deck. The proposed six feet wide main pier will be extended 98 feet beyond the new decking so water depths of 7.5 feet may be attained to provide for vessels normally using the Intracoastal Waterway. There is a Tee pier arrangement planned at the end of the six feet wide main pier to allow for straight in access to the slips from the river and maintain a deeper water depth. The main Tee pier will be five feet wide and seventy one feet long. Attached to the Tee pier will be three piers of five feet in width and fifteen feet long. The three piers will be larger than the normal finger piers in order to accommodate the larger boats likely to use them. There will be three phases of construction planned. The first will be the repair of the existing deck and a southern extension of it adding 611 sf. The second phase will be the east and west portions of the deck with 756 sf on the east and 620 sf on the west side for a total of 1987 sf of new decking over Public Trust Waters. The existing decking is not over the water and the total of new and existing decking will be 3012 sf. The third phase will be the pier construction. No marina services are planned for the site other than transient docking during normal serving hours of the restaurant. Commercial overnight docking will not be allowed. The owner may dock his personal boat for short terms. There are no documented reports of SAV or presence of shellfish residue in any reports of record. No activities are expected to re -suspend the littoral properties of the substrate. The proposed work will be performed from a barge with a vibratory hammer to set the pilings to a no penetration resistance. Materials will be placed on the barge as needed. Water depth is adequate to move the barges without bottom disturbance. There is not a large predominant wind fetch and the northeast winds will not seriously hamper docked vessels. Winds from the east and southeast have a long fetch but are not frequent. It is still prudent to furnish adequate tie pilings for short- term use. The only disturbing activities planned are the placing of the pilings. The City of Elizabeth City has jurisdiction at this site and plan to issue a zoning certificate compliance letter upon their review of the plans. Dom N!-9 Received APPLICATION .for" JAM d 6 7010 `. Major Development Permit s ® ""gW�Jgry "®�� (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. ' Primary Applicanf/Carldouvner Information Business Name Project Name (if applicable) Water's Edge Grill Same Applicant 1: First Name MI Last Name Wayne Y. Chin Applicant 2: First Name MI Last Name John & Mui Chin If additional applicants, please attach an additional page(s) with names listed. Mailing Address - PO Box City State 35 Camden Causeway Camden N.C. ZIP Country Phone No. FAX No. 27921 Camden 757-789.3402 ext. 757-789.3862 Street Address (if different from above) City State ZIP Same Email drwchin@yahoo.com 2. Agent/Contractor"Info'rmation Business Name A.R. Chesson Construction Co., Inc. Agent/ Contractor 1: First Name MI Last Name Chris Morris Agent/ Contractor 2: First Name MI Last Name Sam Jarvis Mailing Address PO Box City State 138 Rich Boulevard 2266 Elizabeth City N.C. ZIP Phone No. 1 Phone No. 2 27909 252 - 338 - 9171 ext. 252 - 923 - 0302 ext. FAX No. Contractor # 252 338 9172 N/A Street Address (if different from above) City State ZIP 212 S Main Street Bath N.C. 27808 - Email ChrisMorris@amhesson.com orsam.jarvispa@embargmail.com <Form continues on baclo �'y 2-�G� '1t L>a ,. '7 •{?--�z•�:F'C t:.�e-.S3' „ ,�t r+°n✓;:n¢r.ci49: nhlaoa on �:�.:�..,asa °i.,swk Form DCM MP-1 (Page 2 of 4) Received APPLICATION for, AN 2 0 20115 Major Development Permit 3.. Project LocationsEC County, (can be multiple) et Address State Rd. # Camden Camden Causeway F35 U.S. 158 Subdivision Name State Zip N/A rCaymden N.C. 27921 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 337 - 9888 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 Pasquotank Pasquotank 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 Pasquotank River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Elizabeth City A_ Site Descriptiof} a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ,429' 50-0 AeMWe&5 326 22,051 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal waterlevel) (If many lot sizes, please attach additional page with a list) 3' ❑NHW or ®NWL e. Vegetation on tract Thin hedge row along portion of west line; grassed strip along west and portion of south lines with an average width of 15 feet. f. Man-made features and uses now on tract Wood bulkhead along entire shoreline; Restaurant building, gravel parking lot, scattered asphalt paving, wood decking, concrete pads g. Identify and describe the existing land uses adiacent to the proposed project site. West side: condominium units, pier, boat slips, East side:commercjal marins, pier, boat slips, launch ramp. h. How does local government zone the tract? J. Is the proposed project consistent with the applicable zoning? Marine Commercial (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 2152-8{7 8 28J3e3 .. , .,O r C 0 S .. v.; w sp;,r� c. n a1: a 3m � 14: a S.: ram a.aae.t Form DCM MP-1 (Page 3 of 4) Received APPLICATION for Major Development Permit JAN 2 ` 20'i,j m. (1) Are there wetlands on the site? MC []Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (III) if yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Sanitary Sewer service is provided by the City of Elizabeth City o. Describe existing drinking water supply source. Provided by the City of Elizabeth City p. Describe existing storm water management or treatment systems. Sheet flow with grassed filter strip west and south sides, containment and filter area between bulkhead and gravel lot. 5- Activities and lrnpacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The business is a family restaurant serving lunch and dinner, includes outdoor deck dining and boat slips for transient boating customers. 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. A barge mounted pile driver to also serve as a work platform for decking etc.,will'remain in the water. Additional materials to be stored in the gravel parking lot. d.. List all development activities you propose. Repair an existing deck to level it, add new pilings and decking and pier pilings, decking with finger piers. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No changes proposed to existing drainage. Drainage is sheet flow toward the river with grassed filter strip and an Infiltration containment area between the gravel parking lot and the bulkhead allowing detention and infiltration for the drawdown. I. Will wastewater or stormwater 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 CDNA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> 2524� 8 T, ''c-?q0.1 "81;1, 4R. 0 A S 7 ,. Pv%,j vi-.9 c r. as f5>' a I s,. =. 1z w, u,�- Z..34a #. Y"Ci Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP -'I) the 61160ing items below, if applicable, mustbe submitted in order for the application package to be compn lete. Items((a) - (f) are always applicable to'any major development application. Please consult the application, instruction booklet ohow to properly prepare the required items below: _ a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, cleady 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 Machelhe'Cove Assooistion; Inc.''"Atth. Patsy McGee T- . ' . ` -' - Phone•No. Address 15Catmden Causeway Elizabeth City N CJ27909 Name Halstead Venture Partners, LLC, stir.4A.R. Chesson Phone No. Address 43 Camden Causeway Elizabeth City, N.C. 27909 Name NIA' 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. Major CAMA permit # 187.85, expired 12-31-90, Marjorie Basnight, pernittee, pier, slips, T pier. 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 a Enterion 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 I /2y/16 Print Name C-6rCs MovriS (Ayik�) nn Signature Received �O� 9-r(��- ]AN 2 0 YOtli Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DMEC NDCM MP-3 Upland Development NDCM MP-4 Structures Information 2 `:._..a, (i %; •?��, n, ., j ..asr r}aa t".°, C�k, <�'Y .. vs°rd r;.si �. a .,. ,. �.2.�a Sri ;, ..a:.,ia �i� Forms 0CM MP-3 JAN 2 6 7041ii UPLAND DEVELOPMENT ®MEC (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. a. Type and number of buildings, facilities, units or structures proposed. Additional decking adjacent to existing deck to be constructed over existing fill and rip rap stabilization. No additional rip rap or fill is proposed. c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ❑No ®NA (it) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A I. Give the percentage of the entire tract to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 84.9% J. Describe proposed method of sewage disposal. -City of Elizabeth City I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, 'wash down" and residential discharges). N/A b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. N/A I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A h. Projects that require a CAMA Major Development Permit may also require a Stonnwater Certification. (I) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (1i) If yes, list the date submitted: k. Have the facilities described in Item (I) received state or local approval? []Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes []No ®NA If yes, attach appropriate documentation. 14r �3E?.. ,y ;;,�3 ;;T ;. _n_�rru,r_ovcrpas„a:Po�at?? mar. spnzea A� o yE r2vSs2rfc ^�?(,a_niYiw Foir,n tab N' tlrtiF)-3 (-U72`3Page, INT' a m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) City of Elizabeth City o. When was the lot(s) platted and recorded? N/A n. (i) Will water be impounded? []Yes ❑No ®NA (11) If yes, how many acres? p. If proposed development Is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA aters Edge Grill Rece9ved olec'tNarie JAN B 0 nn, has Morris (Agent) - .. rplwant Name ®C 'EC �A;�;. lcant,signature _ 2SR-8f,,a3-2.00S:: ,s'�'. ,;,,•n_:;v.ups; .oa:�s<aleri=a.5,�c rcr:�aa .:s '2 veuis--d: 'i2/'2:3iC6 Received Form DIM NP-4 JAN 2 6 2018 STRUCTURES DMEC (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/NARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ❑Private/Community c. (1) Dock(s) and/or piers) (11) Number 5 (iii) Length Q 6'x98' (2). 5'x71' 3 4 5 - 5'x15' (iv) Width See above and dwq sheet 2 of 3 (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ONO If yes: (ii) Number 1. (iii) Length varies (iv) Width varies=1987sf over water (v) Floating []Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 10 (11) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 26' b. (1) Will the facility be open to the general public? ®Yes []No d. (i) Are Finger Piers included? ®Yes []No If yes: (11) Number 2 (III) Length 12' (iv) Width Averaae 3.0' = 36sf ea (v) Floating []Yes ONO f. (1) Are Boatlifts included? ❑Yes ONO If yes: (if) Number (III) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and madne supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Transient slips for use by restaurant customers. no Iona term dockage j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types I. (1) Will the facility be open to the general public? revvis da 121;27it�;; i`'•.§f a43 E) bll d�'qa�* ya2'i 19 P: +aCa, 'IPvvai 2 `:)V 4) FIV@7(" dP, full,, m. (1) Will the facility have tie pilings? ®Yes ❑No (ff) if yes number of tie pilings? 16 ®Yes []No a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: WA ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A JAN20216 c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (1) Give the location and number of "No Sewage Discharge" signs proposed. 2 proposed, one at water and one at land ends of access to pier (ii) Give the location and number of "pumpout Avallable" signs proposed. N/A I. Describe the speciatdesign, 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. N/A 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 commercial use of the slips for live aboard will be permitted. Overnight will be limited for occasional owner use only. k. Describe design measures that promote boat basin flushing? N/A, Open Channel +�+�?• :�'3-?£+Jz ., i•L�ko �RCC9!i ;,^; - tv,.r:,,.nc ��i.. .. ra�tar+ a3ar aeea&_non r ased; ':1212TIV i , 6 ! i3S'a fl ?:lf+;,':a H Txaj� ::j. i 7t1"x a /a:',"'w•� ,3s1�.. _a L".f rk1 Y I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A m. Is the martna/docking facility proposed within a primary or secondary nursery area? []Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No JAN262016 o. Is the madna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell oottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL _ ®None p, is the proposed madna/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BO.*ATHOUSE (igcluding covered hRsJ„ ®This section " fap 11ca6le a. (1) is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (lii) Length (iv) Width Note: Roofed areas are calculated from odollne dimensions. a. (1) Number (if) Length (III) Width 3" BRE�IKWATER (e.g. Woodi sheetpile,.etc.) ®This•section notapp(icable , a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MO 2RING. p1l4INGS and. BUOYS. ®Thts section not applicable a. Is the structure(s): []Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. U. Ntlmoer d. Description of buoy (color, inscription, size, anchor, etc.) ''?„32_c;ru..2vtiF" ., 4 i..3B '.nM �,�.;; 7' a�,n ;�r_t+;�ua. o-�?7a„r`.��t. um_m't_.r•-_ are i .,�: 'i'J.IBil+iu vu k s'; ff2M1J1, a. k4<rr+. e. Arc of the swing _ 7. GENERAL r a. Proximity of structure(s) to adjacent riparian property lines 86' (deck to riparian line) b. Proximity of structure(s) to adjacent docking facilities. 127' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 1600' mA "7=5' e. (1) 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. B. OTHER ❑This section not appficapfe a. Give complete description: The project will have an expanded open deck with 3012 sf of area. The area over public trust water is 1987sf. The deck over existing fill will be used as outdoor dining and normal outdoor food service events. The deck over Public Trust Water will be for observation and water related functions.The pier will be extended to allow deeper draft vessels access to the restaurant. Ten slips are planned and will serve as short term access to the restaurant. No normal marina services will be offered. An adjacent existing marina offers full services for longer term docking, fuel, ramp, and maintenance. Applicant Name' Appticant'signature 2�"•stk�-�:'atpk,..9i3..'„��i.r:-'GS;i�T �: vvsena+,r=:.�z � i;a?-r�zar�-aaawer�,a1:.�{: e^vissw: 'I�i;7i7R ?age 1 of 3) .. mNICtl��glu�d�hYY��9�tlI�tlW�� 9 I 1•_.._.__._=. I ,i 1 Ooe I0: 00053107opm Two: CRP T t t OCT g 2015 ! �: Beeerded: 12/19/2012 at 37:33:f3 PH 1 1 Faa pmt: $623.00 Pape 3 of 3 1 R.Venu6 Tax: $597.00 1 j cemden N0 Pegpy Ll. Mght Register of Coeds BK I —_`_.__.__..__.----- 311 Pe328-330 ,� NORTH CAROLINA GENERAL WARRANTY DEED M$92300190795 VcdBed by C_�-fYy3"a—County on theme dayo' 201 aql loo.od aril oo ._ n/ a, is .�-P •lmR,—.�r'.dh'd_ �.i/,� /�%) HIGH & CROWE. LLP. PO BOX 921 102 EAST QUEEN ST., E ENTON, NC 27932 /I I This instrument was prepared by: HIGH & CROWE, LLP PO BOX 9L 102 FAST QUEEN ST., EDEMON, NC 27932 Brief description for the Index: THIS DEED made this 14th day of December , 2012 by and between CLARENCE B. MUNDEN and KATHY S. MUNDEN 114 WINDY HEIGHTS CAMDEN, NC 27921 JOHN CHIN and MUI CHIN 20190 MARKET STREET ONANCOCK, VA 23417 Enter in appropriate block for each Gramw and Grantee: name, mailing address, and, if appropriate, character of entity, eg, corporation orpartnemhip. The designation Grantor and Grantee as wed herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH•that the Grantor, for a valuable consideration paid bytheGrento the receipt of which is hereby acknowledged, has and by thesepresents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the 0tv of ELIZABETH CITY COURTHOUSE Township, CAMDEN Coumy,PlorthCamhna and more particularly described as follows: See Attached The property hereinabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed _ includes or _2L does not include the printery residence of a Grantee A rap showing the above described property is recorded in Plat Book page NC Ba Aew Wi oFar Na 30 WC tied m U141010 Prm2d by Ag..[ wiN d¢ NC Bra ASsaclaoon 3ook: 311 Page: 328 Page 1 of 3 Book: 311 Page: 328 9eq: 1 TO HAVE ANDTOHOLD Iheaf nirsaid lotorparcel of land and aliprivileges and appurtenances thereto bclonging to tbcc=tw in for simple. Andthe Gravtorwvenants with the Grmnee, thatGtanmris scizedof the premisesin fwsimple,has therightto convey the sameinfbe simple, that title is marketable and free and clear of all encumbrances, and tut Grantor will warrant nod defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WffNM WHEREOF, the carrier has duly executed the foregoing as ororthe day and year first above written. `irk 1,w� Z (SEAL) (Entity Name) Printffype Name: CLA CE E. MUNDEN By d � .-1/iiGLnt�� (SEAL) PriabType Nam & Title: PrinVljWE Name: KATHY S. MUNDEN By. (SEAL) PdnIfI) pe Name & Title: PrinVfype Name: By. (SEAL) Pr1mrfype Name & Title: Printfrype Name: State of North Carotids - County or City of CAMDEN 1, the undersigned Notary Public of the County or City of CAMDEN and State aforesaid, certify that CLARE NCR R. MI INDEN end KATHVS MUNDEN personallyappearedbefare me thisdaya rl acknowledged the due execution of the foregoing instrument IwjllVRVTfiscs thereinexpressed. Witness myhodandNotarial stamp or seal this 14th day of December 20 12 11," MCCd: r4- — ��pTARy My Commission Expires.. (Affix Seal) State of - County or City 1, the undersigned Notarypublic of the Cdoty o' yfpj SOVhr i and Stare afomsaid, certify that (fdtsor�lycame before rae this day mad acknowledged that _he is the Of . a North Carolina or eorpomtioMimited liability company/general partaersh(PA-led partnership (strike though the inapplicable), ad that by authority duly given ad as the act of such entity, _he signed the foregoing instrumentin its name on its behalf as Its act and deed. Witness my hod end Notarial strap or sal, this _ day of . 20_ My Commission (Affix Seal) Notary Public Notary's Printed or Typed Name State or - County or City of 1, the undersigned Notary Public ofthe County orCity, of and state aformaid,cenifythat wrmess my had ad Notarial stamp or seal, this _ day of My Commission (Affix Seal) NC Bar Asmdedon Farm No.3®19r6, Rwktd a IlV1m it PdvW ay Agemievt MW t6e NCBar Asmctaaan Notary public Notary's Printed or Typed Nome ok:311 Page: 328 Page 2 of 3 Book: 311 Page: 328 seq: 2 ATTACHMENT TRACT ONE That certain portion of tract #11 situate in Courthouse Township, Camden County, North Carolina, which was conveyed to W.C. Jennette by Delphia C. Muse and husband, Moms H. Muse dated December 0, 1957, Upon which is situated the Marina Restaurant, said portion of tract#11 ib situate on the South side of U.S. Highway #158 and has frontageon said highway of 140 feet and extends back therefrom between parallel lines to the Pasquotank River. Said portion of tract #11 is bounded on the North by the U.S. Highway #158 bounded an the east by the portion of tract #11 which was conveyed by W.0 Jennette and wife, Nell J. Jennette to O.R Griffin and wifesintank River and an , West by tract #10 the Portion See maich is p of division n which isated the lcan recordedr In Map Book 2, Page South bounded an the 9 e O(fice of the Register of ma Deeds of Camden County, North Carolina. TRACT TWO: All that cartel,, tract or parcel of land situated in Courthouse Township, Camden County, NC, on US Highway #159 and being a part of Lot #10 as shown on map made by T.J. Jessup, Register Surveyor, dated December 20, 1948, which map (srecorda with thatcertain division deed dated February 2, 1952, behvcan the grandchildren of C.H. Robinson and duly reCo ded In the Pubiic Registry o} Camden County, NO to which reference is hereby made; saitl parcel or tract of land being described according to said map as follows: BEGINNING at a point on the South side of U.S Highway #158 in fhe Wes} line of Lot #11, and running thence along the South sitle of Bald highway westwardly 125 feet, thence duo South to the edge of fhe PasquClank River, thence eastwardly along Pasquotank River to the West line or saltl Lot #11; thence due Nonh along the West Ilne of said Lot #11 of the point of heginliing. 04fa6e4 435 CAMDEN CAUSEWAY, EL17ASETH CITY, NC 21909 Dok: 311 Page: 328 Page 3 of 3 Book: 311 I A DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT C� 1. APPLICANT'S NAME: Water's Edge Grill 2. LOCATION OF PROJECT SITE: Camden Causeway, Camden, North Carolina Photo Index: 2006: 237-7742 L8 2000: 237-1911 K8 1995: 167-1714 H8 & H9 1989: 1 26-1 K6, K7, L6, & L7 1984: 122-747 D15 and El State Plane Coordinates: X: 2821203.076ftUSE Y: 939808.172ftUSN 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: October 12, 2015 February 2, 2016 Was Applicant Present: No 5. PROCESSING PROCEDURE: Application Received Complete: January 26, 2016 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Camden County LUP Land Classification: Commercial (B) AEC(s) Involved: PTW, EW, & ES (C) Water Dependent: Yes (D) Intended Use: Commercial RECEIVED FEB 0 9 2016 (E) Wastewater Treatment: Existing: Sewer DCM- MHD CITY Planned: Sewer (F) Type of Structures: Existing: Restaurant and associated infrastructure Planned: Pier, finger piers, platform, tie pilings (G) Estimated Annual Rate of Erosion: 0' 7. HABITAT DESCRIPTION: DREDGED FILLED SHADING (A) Shallow Water Bottom: EW & PTW 3,227sf (B) High Ground: ES 296sf (C) Other: N/A (D) Total Area Disturbed: 3,523sf .08 Acres (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to expand an existing deck system landward of normal water level (NWL). Development will also include a new platform waterward of NWL, with a 98' pier, a "T" head, three finger piers, and 18 mooring pilings for a total of 10 formal boat slips. r John and Mui Chin Water's Edge Grill Field Investigation Report Page 2 Project Setting The property in question, Water's Edge Grill is owned by John and Mui Chin, and is located on the Camden Causeway, more specifically 435 US 158, Camden County, North Carolina. The property falls within the Extra Territorial Jurisdiction (ETJ) of the City of Elizabeth City approximately 750' east of the draw bridge crossing the Pasquotank River. Camden County and Elizabeth City zone the property in question as commercial. Adjacent uses include a condominium complex, with a 10 slip docking facility on the west side of the property and a 54 slip marina to the east. The property is bounded to the north by US 158 and to the south by the Pasquotank River. The property is the site of a restaurant, but is currently up for lease or sale by the owners. Structures on the property include the main building with a separately pile supported 639 square foot (sf) second floor serving area, accessed by an exterior staircase on the west side of the building. Waste and water services are provided by the City of Elizabeth City. There are no structures waterward of the applicant's —326' bulkheaded shoreline. Classification of the adjacent waterbody is SC from the Norfolk Southern Railroad Bridge above the causeway to a line between Cobb Point and Hospital Point below the causeway. The waters within the project area are "Joint" and as such are Estuarine Waters. Water depths along the bulkhead are between -4' and -4.8'. Depths 156' offshore from the applicant's property are between -6.8' to-7.3'. There are no wetlands or submerged aquatic vegetation on or adjacent to the subject property. Vegetation on the property is limited to a small number of ornamental shrubs and a variety of domestic grasses and weeds. There are no known geologic formations or archaeological sites associated with the applicant's property. Development Proposal The applicant, John and Mui Chin, owners of the Water's Edge Grill in Camden County, propose to expand the existing deck system adjacent to their restaurant and construct a pier with 2 tapered finger piers, a "T" Head at the end of the pier with 3 finger piers, and install 18 tie pilings for the mooring of 10 vessels. The development will be constructed in 3 Phases. No electric or water will be supplied to the slips and a sign will be posted prohibiting the discharge of any waste from the vessels using the dock. The proposed structures will be a minimum of 78' from the eastern riparian line and 87' from the western riparian line. The pier alignment will be a total of 156' waterward of the existing bulkhead and will be slightly landward of the alignment of the adjacent piers. The average water depth at the end of the docking facility is -T. According to the application narrative, the proposed docking facility will be for the use of customers at the restaurant and will not be for overnight use. The only exception will be the use of the dock by the owners to moor their private vessel. RECEIVED FEB 0 9 2016 DCM- MHO ,..+ C5 John and Mui Chin Water's Edge Grill Field Investigation Report Page 3 Phased development proposed by the applicant is as follows: 1) The applicants have proposed the reconstruction and expansion of an existing open wooden deck landward of the bulkhead within the 30' Buffer. This will be constructed as Phase I of the applicant's development. Please note that the applicant's consultant failed to include an existing deck on the west side of the building within the 30' buffer, and upon which is a section of the stairs leading to the second floor serving area. The calculations below include an area of deck omitted on the plan calculations. Deck: Existino Deck 363sf uncovered deck (no proposed change to this area) 553.75sf uncovered deck (729sf - 175.25sf covered by the second floor) 916.75sf = Area of existing "open" deck within the 30' buffer (956.75sftotal within the 75'AEC) RECE1Vrzr, Phase I FEB 0 9 20i6 New Deck within the 30' Buffer: 296sf (High Ground ShaV6M_ Total Area of Deck within the 30' Buffer: 916.75sf + 296sf = 1,212.75sf C,, , 2) The applicants propose to extend the deck noted in 1) on the previous page over the water. This will result in the creation of 1,376sf of deck immediately adjacent to the bulkhead. Platform: This area will be constructed in two phases as shown on the plans Phase 1 Center Section of Platform: 39.74' x 15.37' (ave.) = 611sf Phase 2 East Side Section of Plafform:55.3' x 13.67' (ave.) = 756sf West Side Section of Platform: 46.3' x 13.39' (ave.) = 620sf Total Area of Platforms adjacent to the bulkhead = 1,987sf Open Water Shading 3) The project proposal includes a pier, finger piers, a "T" head with finger piers and 18 tie pilings to be constructed as a part of Phase 3. Pier: Extending from the platform constructed in Phase I. 6' x 98' (588sf Open Water Shading) Finger Piers: Located along the pier main pier (2) tapered fingers. 2(12' x 3') = 72sf Open Water Shading John and Mui Chin Water's Edge Grill Field Investigation Report Page 4 Located on the "T" Head at the end of the pier, (3) 5' x 15' fingers. 3(15' x 5') = 225sf Open Water Shading "T" Head: Located at the waterward end of the pier. 71' x 5' = 355sf Open Water Shading Total Open Water Shading: 3,227sf 4) A total of 18 free standing tie pilings will be installed around the finger piers to accommodate the mooring of 10 vessels as shown on the plans submitted for review. Anticipated Impacts 1) Project will result in the shading of 3,227sf of open water from the pier, finger piers and platforms. 2) High ground shading from decks will total. 3) The proposed development will temporarily disrupt animal populations within adjacent waters and the project area. 4) Installation of pilings for the proposed piers may result in temporally suspending sediments in the water. 5) During the project construction it is anticipated that noise levels may periodically increase above surrounding background (ambient) levels from heavy equipment. 6) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. Submitted By: Lynn Mathis Date: February 3, 2016 RECEIVED FEB 0 9 2016 DCM- MHD CITY A Received JAN 2 6 701; Narrative for Water's Edge Grill DCM-EC Elizabeth City, North Carolina The Water's Edge Grill is an existing restaurant site on the Camden Causeway on US 158 east of Elizabeth City. It has served in that capacity for many years under different names and ownerships. There is an area protruding into the Pasquotank River approximately thirty-six feet. It is stabilized by wooden bulkhead and riprap. A portion of the restaurant enclosure is located on the fill area as well as a deck used for dining and river viewing. The finished surface of the deck is not level and should be leveled to match the proposed new construction of decking and pier. The existing decking will be removed, the pilings proof tested for load bearing capacity, replaced as necessary with sister pilings or removed and new pilings placed. The final deck will at the same level and provide for ADA access from the restaurant. There will be a protective railing around the perimeter of the deck. The elevation of the deck will be at 4.0 feet msl. That elevation will substantially remove the decking from nuisance flooding. The expected non -hurricane event flooding rarely exceeds 3.5 feet msl. The access to the deck will be through the restaurant only. the proposed decking over the public Trust Waters itiwO 'Or provide for the connection of the pier and will remain open and free of tables, chairs, etc. to allow unrestricted access between the pier and restaurant. The deck is listed as a platform in the MP-4; e and is the total deck (platform) over the Public Trust Waters. There is existing gravel parking at the project and no on -site modifications are planned. The utilities are already present and will remain as they are. There is a wooden bulkheR E C E I V E D along the majority of the shoreline. It was installed at various times and although not consistent across the property in elevation and quality, it is still solid and functional. FEB 0 9 2016 There are no plans to perform any maintenance to any existing structures except the existing deck. The proposed six feet wide main pier will be extended 98 feet beyon jute M _ M H D C IT new decking so water depths of 7.5 feet may be attained to provide for vessels norm y using the Intracoastal Waterway. There is a Tee pier arrangement planned at the end of the six feet wide main pier to allow for straight in access to the slips from the river and maintain a deeper water depth. The main Tee pier will be five feet wide and seventy one feet long. Attached to the Tee pier will be three piers of five feet in width and fifteen feet long. The three piers will be larger than the normal finger piers in order to accommodate the larger boats likely to use them. There will be three phases of construction planned. The first will be the repair of the existing deck and a southern extension of it adding 611 sf. The second phase will be the east and west portions of the deck with 756 sf on the east and 620 sf on the west side for a total of 1987 sf of new decking over Public Trust Waters. The existing decking is not over the water and the total of new and existing decking will be 3012 sf. The third phase will be the pier construction. No marina services are planned for the site other than transient docking during normal serving hours of the restaurant. Commercial overnight docking will not be allowed. The owner may dock his personal boat for short terms. R Er. — -_ _ f t There are no documented reports of SAV or presence of shellfish residue in any reports of record. No activities are expected to re -suspend the littoral properties of the substrate. The proposed work will be performed from a barge with a vibratory hammer to set the pilings to a no penetration resistance. Materials will be placed on the barge as needed. Water depth is adequate to move the barges without bottom disturbance. There is not a large predominant wind fetch and the northeast winds will not seriously hamper docked vessels. Winds from the east and southeast have a long fetch but are not frequent. It is still prudent to furnish adequate tie pilings for short- term use. The only disturbing activities planned are the placing of the pilings. The City of Elizabeth City has jurisdiction at this site and plan to issue a zoning certificate compliance letter upon their review of the plans. L✓/ BeM Mra APPLICATION for JFlN ? 6 2111; Major Development Permit (last revised 12/27106) DMEC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Waters Edge Grill Same Applicant 1: First Name MI Last Name Wayne Y. Chin Applicant 2: First Name MI Last Name John & Mui Chin If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 35 Camden Causeway Camden N.C. ZIP Country Phone No. FAX No. 27921 Camden 757.789.3402 ext. 757.789.3862 Street Address (#different from above) City State ZIP Same Email drwchin@yahoo.com 2. AgentContractor Information RECEIVED Business Name A.R. Chesson Construction Co., Inc. FEB 0 9 2016 Agent/ Contractor 1: First Name MI Last Name Chris Morris DCM- MHD CIT Agent/ Contractor 2: First Name MI Last Name Sam Jarvis Mailing Address PO Box City State 138 Rich Boulevard 2266 Elizabeth City N.C. ZIP Phone No. 1 Phone No. 2 27909 252 - 338 - 9171 ext. 252.923.0302 ext. FAX No. Contractor # 252 338 9172 WA Street Address (if different from above) City State ZIP 212 S Main Street Bath N.C. 27808 - Email ChrisMords@archesson.com orsam.larvispa@embargmail.com <Form continues on back> i'1 Form DCM MP-1 (Page 2 of 4) Received APPLICATION for (1 IAN 2 6 M.5 Major Development Permit 3. Project Location DMEC County (can be multiple) Street Address State Rd. # Camden 35 Camden Causeway U.S. 158 Subdivision Name City State Zip N/A Camden N.C. 27921 - Phone No. Lot No.(s) (H many, attach additional page with list) 252 - 337 - 9888 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 Pasquotank Pasquotank 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 Pasquotank River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Elizabeth City 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ,425' F04 AfMWeE 5 32G' 22,051 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A I I NW L (normal water level) (If many lot sizes, please attach additional page with a list) 3' ❑NHW or ®NW L e. Vegetation on tract Thin hedge row along portion of west line; grassed strip along west and portion of south lines with an average width of 15 feet. I. Man-made features and uses now on tract Wood bulkhead along entire shoreline; Restaurant building, gravel parking lot, scattered asphalt paving, wood decking, concrete pads g. Identify and describe the existing land uses adjacent to the proposed project site. West side: condominium units, pier, boat slips, East side:oommerciai marins, pier, boat slips, launch ramp. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Marine Commercial (Attach zoning compliance certificate, If applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> FEB 0 9 2016 DCM- MHD CITY ` Form DCM MP-1 (Page 3 of 4) Received APPLICATION for Major Development Permit JAN 2 6 2011 m. (1) Are there wetlands on the site? DCM-EC Dyes ®No (it) Are there coastal wetlands on the site? ❑Yes ®No (!if) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. Sanitary Sewer service is provided by the City of Elizabeth City o. Descdbe existing drinking water supply source. Provided by the City of Elizabeth City p. Describe existing storm water management or treatment systems. Sheet flow with grassed filter strip west and south sides, containment and filter area between bulkhead and gravel lot. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Governmem ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The business is a family restaurant serving lunch and dinner, Includes outdoor deck dining and boat slips for transient boating customers. 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. A barge mounted pile driver to also serve as a work platform for decking etc.,will'remain in the water. Additional materials to be stored in the gravel parking lot. d. List all development activities you propose. Repair an existing deck to level it, add new pilings and decking and pier pilings, decking with finger piers. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. 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 ❑Yes ®No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No changes proposed to existing drainage. Drainage is sheet flow toward the river with grassed filter strip and an infiltration containment area between the gravel parking lot and the bulkhead allowing detention and infiltration for the drawdown. 1. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA J. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> FEB U 9 2016 FF . E _. YVa.r •�.. .... .�.. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit fI 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) — (n are ahvays applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Machelhe Cove Association, Inc. Attn. Patsy McGee Phone No. Address 15 Camden Causeway, Elizabeth City, N.C. 27909 Name Halstead Venture Partners, U-C, attn. A.R. Chesson Phone No. Address 43 Camden Causeway Elizabeth City, N.C. 27909 Name NIA 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. Major CAMA permit # 187-85, expired 12-31-90, Marjorie Basnight, permittee, pier, slips, T pier. 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 1 understand met 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 I /2-ZZI Print Name C-%r1v`s Movrig �i evtF� �< Received Signature �I �9-r[r�- ]AN 2 6 70i Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM EC ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED FEB 0 9 2016 2,.13J3.2sa,s :; ;.881-4RCOAS- DCM- MHD CITY Received 0�12 Form DCM MP-3 JAN 2 6 71i)n UPLAND DEVELOPMENT DMEC (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 I a. Type and number of buildings, facilities, units or structures proposed. Additional decking adjacent to existing deck to be constructed over existing fill and rip rap stabilization. No additional rip rap or fill is proposed. c. Density (give the number of residential units and the units per acre). N/A If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ❑No ®NA (it) If yes, list the date submitted g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A Give the percentage of the entire tract to be covered by impervious and/or buitl-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 84.9% j. Describe proposed method of sewage disposal. City of Elizabeth City I. Describe location and type of proposed discharges to waters of the slate (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). N/A b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. N/A I. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A h. Projects that require a CAMA Major Development Permit may also require a Stornwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? []Yes []No ®NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No SNA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes []No ®NA If yes, attach appropriate documentation. RECEIVED FEB 0 9 2016 2 ..-1i;33.:2q 093 ;: i-883z m. Describe proposed ddnldng water supply source (e.g., well, community, public system, etc.) City of Elizabeth City o. When was the lot(s) platted and recorded? WA 1 %2Z /( Date Water's Edge Grill Project Name Chris Morris (Agent) Applicant Name A�-B"' A rcant Signature n. (i)Will water be impounded? []Yes ONo ®NA (it) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? OYes ONo ®NA Received JAN 2 6 7ps DCM-EC RECEIVED FEB 0 9 2016 DCM- MHD CITY Form DCM MP-4 RECEIVEDSTRUCTURES (Construction within Public Trust Areas) iJilaK % 2��6 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be suQQMp1JWiWd9eQ1ToYs 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 ❑PublictGovemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (it) Number 5 (III) Length 1 - 6'x98' 2 - 5'x7l' 3 4 5 - 5'xl 5' (iv) Width See above and dwa sheet 2 of 3 (v) Floating ❑Yes ®No e. (1) Are Platforms included? ®Yes ❑No If yes: (it) Number 1 (III) Length varies (iv) Width varies = 1grrsr over water (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed 10 (II) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 26' ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No d. (1) Are Finger Piers included? ®Yes ❑No If yes: (if) Number 2 (iii) Length 12' (iv) Width Average 3.0' = 36sf ea (v) Floating ❑Yes ®No f. (i) Are Boatlifts included? ❑Yes ®No If yes: (ii) Number (III) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage: number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Transient slips for use by restaurant customers. no Iona term dockage j. Describe the typical boats to be served (e.g., open runabout charter boats, sail boats, mixed types). mixed types I. (1) Will the facility be open to the general public? i'.caised 3�3/Ib �MM 252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmana9ement.net revised: 12,27: 06 rorm u%.m mr-w (btructures, rage 2 of 4) m. (p Will the facility have tie pilings? ®Yes ❑No tll� RE�+ � E ® ®Yes ❑No (II) If yes number of be pilings? MAr\ U 7 Z016 16 orry 2. DOCKING FACILITY/MARINA OPERATIONS u ❑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: _; Location: N/A ❑ Showers ❑ Boatholding tank pumpout: Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 2 proposed, one at water and one at land ends of access to pier (ii) Give the location and number of "Pumpout Available" signs proposed. N/A 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. N/A 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 commercial use of the slips for live aboard will be permitted. Overnight will be limited for occasional owner use only. k. Describe design measures that promote boat basin flushing? N/A, Open Channel 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06 Form VGM mr-4 (structures, rages of 4) I. If this project Is an expansion of an existing marina, what types of services are currently provided? A ` 1 r— N/A RED'.::I ,_.D MAi, 07 2016 m. Is the marmaldocking facility proposed within a primary or secondary nursery area? �Y f� ❑Yes ®No DCM- MHD ColiT I�f n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse struclure(s): ❑Commercial ❑Public/Govemment ❑PrivatelCommunity (It) Number (III) Length Qv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. Na rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number III) Length (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community, C. Distanceto be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement. net revised: 12/27/06 corm UGM Mr-4 (structures, Page 4 or 4) e. Arc of the swing 7. GENERAL a. Pro 'miry of structure(s) to adjacent riparian property lines ' pp (deck to riparian line) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1 'ml e. (I) WIII navigational aids be required as a result of the project? ❑Yes ®No ❑NA (II) If yes, explain what type and taw they will be implemented. MAR 0 7 2016 b. Proximity of structure(s) to adjacent docking facilities. 127' - MHD Ci i Y d. Water depth at waterward end of structure at NLW or NWL -7.5' 18. OTHER [I This section not applicable a. Give complete description: *154 Sff (23 4 The project will have an expanded open deck with,361'£sf of area. The area over public trust water is j98fsf.. The deck over existing fill will be used as outdoor dining and normal outdoor food service events. The deck over Public Trust Water will be for observation and water related functions.The pier will be extended to allow deeper draft vessels access to the restaurant. Ten slips are planned and will serve as short tens access to the restaurant. No normal marina services will be offered. An adjacent existing marina offers full services for longer term docking, fuel, ramp, and maintenance. Date Water's Edge Grill Project Name Chris Moms (Agent) Applicant Name �u'lta� Applicant Signature zevi,sej - C-MrA 252-808.2808 :: 1.888.4RCOA8T :: www.necoastalmanaaement.net revised: 12127/06 Forth 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 ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Publlo/Government ❑Private/Community ®Yes []No c. (i) Dock(s) and/or pier(s) (if) Number 5 (!it) Length 1 QW8• 2 - Tx7l' 3 4 5 - 5'x15' (Iv) Width See above and dwg sheet 2 of 3 (v) Floating ❑Yes ®No e. (1) Are Platforms included? ®Yes []No If yes: (it) Number 1 (iii) Length varies )_Z-1j✓l VC; (iv) Width vanes =18tl'rsi over water (v) Floating ❑Yes ®No Note: Rooted areas are calculated from dripline dimensions. g. (i) Number of slips proposed 110 (I) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe: k. Typical boat length: 26' d. (i) Are Finger Piers included? (RYes []No If yes: III) Number 2 (III) Length 12' (iv) Width Average 3.0' = 36sf ea (v) Floating ❑Yes ®No f. (i) Are Boagifts included? []Yes ®No If yes: (II) Number (iii) Length IN) Width _ h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Transient slips for use by restaurant customers no long term dockage ). Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types I. (1) Will the facility be open to the general public? — f—MM 252-808-2808 :: 1-8884ftCOAST :: www.nccoastalmananement.net revised: 12/27106 it Form DCM MP-4 (Structures, Page 2 of 4) in (i) Will the facility have tle pilings? ®Yes ONO ®Yes ONO (ii) If yes number of be pilings? 16 2. DOCKING FACILITY/MARINA OPERATIONS ❑ This section riot aPPucable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ Of lm Toilets ❑ Toilets for patrons; Number: _; Location: N/A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A a (1) Give the location and number of 'No Sewage Discharge signs proposed. 2 proposed, one at water and one at land ends of access to pier (11) Give the location and number of'Pumpoul Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutantssuch 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. NIA I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. WA j. What will be the marine policy on overnight and live -aboard dockage? No commercial use of the slips for live aboard will be permitted. Overnight will be limited for occasional owner use only. k. Describe design measures that promote boat basin flushing? N/A, Open Channel 252-808-2808 :: 1-888-4RCDAST :: www.nccoa rtalmanagement.net revised: 12127/06 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? N/A m. Is the madna/docking facility proposed within a primary or secondary nursery area? ❑Yes ONO n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marina/docking facility proposed within or adjacent to coastal wellands/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 OSAV ❑SB OWL ®None p. Is the proposed manna/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE tinduding covered lilts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial OPubliclGovemment OPrivate/Community (ii) Number (Ili) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. lit a rock groin, use UP-2, Excavation and Fig.) 0Ttds section not applicable a. (I) Number (ii) Length (III) Width & BREAKWATER (e.g., wood, aheetp/k, eta) ® This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): OCommercial ❑Public/Govemment OPrivate/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808::1-888.4RCOAST:: www.nccoastalmanagement.net ,.,yi^."! '— +Form DCM MP-4 (Structures, Page 4 of 4) e. Arc of the swing 7. GENERAL a. Prodmity of structure(s) to adjacent riparian property lines b. Proximity of strucmrets) to adjacent docking facilities. 00 �; (deck to riparian tine) 127' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1600' MI e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -7.5' & OTHER ❑This section not applicable a. Givecompletedescription: *5(o Sf )231 4 The project will have an expanded open deck with UlTsf of area. The area over public trust water is }98ftf.�The deck over existing fill will be used as outdoor dining and normal outdoor food service events. The deck over Public Trust Water will be for observation and water related functions.The pier will be extended to allow deeper draft vessels access to the restaurant. Ten slips are planned and will serve as short term access to the restaurant. No normal marina services will be offered. An adjacent existing marina offers full services for longer term docking, fuel, ramp, and maintenance. -i/3 Date Water's Edge Grill Project Name Chris Mortis (Agent) Applicant Name al> Applicant Signature 252.808-2808:: 1-8884RCOAST::w .nccoastalmanauement.net RtviSeJ 3/3�I(o - cmm revised: 12/27/06 , co Coastal Management ENVIRONMENTAL QUALITY February 5, 2016 Mr. Chris Morris A. R. Chesson Construction Co., Inc. P.O. Box 2266 Elizabeth City, NC 27909 Dear Mr. Morris: PAT MCCRORY DO\ALD R. VAN DER CAART BRANTON DAVIS The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of John, Mui and Wayne Chin for State approval for development of their property located at the Water's Edge Grill at 35 Camden Causeway in Camden County. It was received complete on January 26, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 10, 2016. 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 January 26, 2016, 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 the proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RECEIVED -�Nwhing Compares - FEB U 9 Z016 State of North Carolina I Environmental Quality J Coastal Management 1367 US Hwy 17 2-South 11T252-2 City, 3 [ 27909 D C M— M H D CITY 252-264-3901 1252-26G-3723 (faxj Mr. Chris Morris A. R. Chesson Construction Co., Inc. February 5, 2016 Page 2 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 Lynn Mathis, Field Specialist, if you have any questions and/or if you wish to receive a copy of her field report. Sincerely, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Lynn Mathis, Field Specialist, DCM, Elizabeth City, NC John and Mui Chin, Wayne Chin, 20190 Market Street, Onancock VA 23417 RECEIVED FEB 0 9 2016 DCM- MHD CITY Q NOTI(01*17gA AMA PERMIT APPLIED FOR W� PROJECT: deck expansion landward of normal water level, new platform waterward of normal water level, 98' pier with a T-head, 3 finger piers & 18 mooring pilings for a total of 10 formal boat slips. COMMENTS ACCEPTED THROUGH APPLICANT: John & Mui Chin; Wayne Chin 20190 Market Street Onancock, VA 23417 757-789-3402 03101116 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Lynn Mathis, Division of Coastal Management, 1367 US Hwy 17 S., Elizabeth City, NC 27909 252-264-3901, ext. 234 q Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: The Daily Advance Legal Advertisement Section edalegals2dai lyadvance.com FROM: Yvonne Carver Administrative Assistant DATE: February 5, 2016 SUBJECT: Public Notice— Chin, Water's Edge Grill ACCOUNT: #2119219, NCDENR/Stadiem PAT MCCRORY Go flkw DONALD R. VAN DER VAART S—fary BRAXTON DAVIS DtTL(U Please publish the attached Notice in the Wednesday, February 10, 2016 issue of The Daily Advance. 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 Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, Public Information Office, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED -i'Nothtng Compares FEB 0 9 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 U22 64-3901122-64e3723(fax] 27909 DCM- MHD CITY The Daily Advance February 5, 2016 Page 2 of 2 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 01/26/16. According to said application, John, Mui and Wayne Chin are proposing a deck expansion, & the addition of a platform, pier with T-head, 3 finger piers & 18 mooring pilings at the Water's Edge Grill, off the Camden Causeway in Camden County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 03/01/16, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, February 10, 2016 RECEIVED FEB 0 9 2016 DCM- MHD CITY A. R. C H E S S O N P.Oz. Beoxh City 138 Rich Blvd. CONSTRUCTION CO., INC. Elizabeth City, NC 27906(27909) F 08/18/15 Patsy McGee Machelhe Cove Association, Inc. 33 Camden Causeway Elizabeth City, NC 27909 Re: Water's Edge Grill Dear Mrs. McGee: RECEIVED OCT 9 2015 COASTAL 4MANP.GWElIT ELIZABETH CITY Your property adjacent to the referenced Water's Edge Grill is classified as an adjacent riparian ownership. As such, there is a requirement by the North Carolina Coastal Resources Commission to notify you by certified mail of a request from the Water's Edge Grill to the Commission for a major LAMA permit. The permit request includes the expansion of the existing deck, construction of a six feet wide pier, finger piers, ten slips and tie pilings. The pier will extend from the existing deck edge for 162 feet to the outside of the tie pilings. The slips are designated to accommodate boat traffic for the restaurant during normal hours of operation. A reduced scaled site plan is attached for your review along with a copy of the permit application and MP attachments. The Elizabeth City CAMA office will be the lead agency for the permit request. Feel free to discuss any concerns with them. The review officer is Will Creef at 252-264-3901. Please feel free to contact me with any questions or comments about the plan and permit at the contact data in the letterhead. You do not have to respond to this notification. Should you have questions, feel free to let us know. Very truly yours, Chris Morris Designer A.R. Chesson Construction Co., Inc. RECEIVED FEB 0 9 2016 DCM- MHD CITY Pa8e 1 of ; `P.\Projects-CLifren1\JManna Restaurant\Adjomer Letters\Patsy McGee.docx ? V..0 J.� o� A.R. CHESS ON P!O. Boxh226660ffice: 138 Rich CONSTRUCTION CO., INC. Elizabeth iy,NC27906(27909) 08/18/ 15 Mr. A.R. Chesson Halstead Venture Partners, LLC 43 Camden Causeway Elizabeth City, NC 27909 Re: Water's Edge Grill Dear Mr. Chesson: j OCT 9 2015 ct;A�'A' k AN6' ':MEW gg ELI;aJ?r'fi Ci Y Your property adjacent to the referenced Water's Edge Grill is classified as an adjacent riparian ownership. As such, there is a requirement by the North Carolina Coastal Resources Commission to notify you by certified mail of a request from the Water's Edge Grill to the Commission for a major CAMA permit. The permit request includes the expansion of the existing deck, construction of a six feet wide pier, finger piers, ten slips and tie pilings. The pier will extend from the existing deck edge for 162 feet to the outside of the tie pilings. The slips are designated to accommodate boat traffic for the restaurant during normal hours of operation. A reduced scaled site plan is attached for your review along with a copy of the permit application and MP attachments. The Elizabeth City CAMA office will be the lead agency for the permit request. Feel free to discuss any concerns with them. The review officer is Will Creef at 252-264-3901. Please feel free to contact me with any questions or comments about the plan and permit at the contact data in the letterhead. You do not have to respond to this notification. Should you have questions, feel free to let us know. Very truly yours, Chris Morris Designer A.R. Chesson Construction Co., Inc. RECEIVED FEB 0 9 2016 DCM- MHD CITY Page 1 or I Y:%Project>-Current\Marina RestautannAdjoiner Let;ers\Al Chesson.docx to 9 TI ELI E� 1 d- Po g, v Certified Fee 7 :3 Return Receipt Fee (Endorsement Required) =1 Restricted DeliveryFee (Endorsement Required) u $1. Total Postage R Fees n $7. isen"" n Al R. orP08-No. 43 -------------------- a Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ 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 mailpiece, or on the front if space permits. 1,. Article Addressed to: Patsy McGee 33 Camden Causeway Elizabeth City NC 27909 A. Slnnl r, X ❑ Agent Cl Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Rem 17 ❑ Yes If YES, enter delivery address balm: • --E3 No - - - - - -- 1 i 3. Service Type ❑ Certified Mall° ❑ Pri ❑ Registered ❑ Rai ❑ insured Mail ❑ Col 4. Restricted Delivery? (Extra 2. ANumber (}llars/er'7013 3020 0000 2470 5392 7ansfrom service labeq ' PS Form 3811. July 2013 Domebtic Return eoe ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ 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 malipiece, or on the front If space permits. 1. Article Addressed to Al. R. Chesson 43 Camden Causeway 2015 fPress" l for Merchandise veg Yes A. Slg ❑Addressee B. Received by (Printed Name) C. Date of Delivery D. is delivery address different from Rem 1? u Yes If YES, enter delivery address below: ❑ No Elizabeth City,nc 279 3. Service type ❑ Certified Maile ❑ Priority Mail Express'" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from sant1w labeo PS Form 3811. July 2013 07 Poeanark Here 08/19/2015 7013 3020 0000 2470 5385 _. _ Q�-- 7'" ffr—D Domestic Return Receipt U.S. Postal Services, CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r For delivery information visit our web,ne at www.usps.con).. nJ Ceditled Fee RECEIVED O C3 Retum Receipt Fee C3(Endorsement Required) C3 $ Postmark FEB 0 8 2016 Restricted Delivery Fee (Endorsement Required) C3 i1. $1. ru Total PostageaFees /+ is/1 t�„ MMD CIT .$ 1 m $7. M Sent o Patgjy 0 orPoaoxNo -3 --- Camden Causeway PAGE 01,101 I M.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date _ 9/tI t5 r,I Z[.r .5 Name of Property Owner Applying for Permit: r Mailing Address: I certlfv that I have authorized (agent) '(.. n!5 tAgv Y e' to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to Install or construct (activity) 162f drr�1; swot „ yr at (my property located at) This certification is valid thru (date) Owner Signature Date RECEIVED FEB 0 9 2016 DCM- MHO '-''T `Y MAJOR PERMIT FEE MATRIX i3t( k� Applicant: c'.mig 4 o 5(7 ]Selection Development Type Fee DCM % (143001601 4351000931625 6253) DWQ % (243001602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0%($0) involve the filling or excavation of any wetlands water areas: c or commercial that does not $400 100% ($400) 0% ($0) the filling or FE]Tdevelopment tion of any wetlands water areas: development that s the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. III B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 1.00% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be lied: III(C). If General Water Quality Certification No. $400 60%($240) 40%a ($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 aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: FEB 0 9 N16 DCM- MH: s Y Rage 1 of 3) e— immmumiillii 000 To: OWDJso7aow Tyae• W File Me: "2 r0 2Pars 1 of:;a:ff PH Revenue Tax: $697.00 Panen NO ay 6. Klaht Register of Dead. aK311 Pa328-330 NORTH CAROLINA GENERAL WARRANTY DEED 1-' .... OCT 9 2015 MaiVBox to: HIGH & CROWE, LLP, I'D BOX 92/ 102 EAST QUEEN ST., EDENTON, NC 27932 / This instrument was prepared by: HIGH & CROWE, LLP, PO BOX 92y 102 EAST QUEEN ST.. EDENTON, NC 27932 Brief description for the Index: THIS DEED made this 14th day or December . 2O 12 by and b"m CLARENCE B. MUNDEN and KATHY S. MUNDEN 114 WINDY HEIGHTS CAMDEN, NC 27921 JOHN CHIN and MUI CHIN 20190 MARKET STREET ONANCOCK, VA 23417 Enter in appropriate block for each Grantor and Grants: name, mailing address, and, if appropriate, character of entity, e.g corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, end assigns, and shall include singular, plural, areculif . feminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paidby ftGrantee, the receipt of which is hereby acknowledged, hasand by these presents does grant, bargain, sell and convey unto the Grantee is fee simple, all that Certain lot or parcel of land situated in the City of ELIZABETH CITY COURTHOUSE Township, CAMDEN Coarmy,North Carolina and more particularly described as follows See Attached The property bereinabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed _ includes or, — does not include the primary residence of a Grantor. A map showing the above described property Is recorded in Plat Book page NC B. A i,ion F,vw Na 3 O 197C Rwisd O t11Mt0 Maud by Apseent wish aw NC Br Asoeleean RECEIVED FEB 0 9 2016 DCM- MHD CITY Book: 311 Page: 328 Page 1 of 3 Book: 311 Page: 328 8eq: 1 TO HAVE AND TOHOLD the aforesaid lot orparcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and yyeaar fast above written. he (Entity Name) PrinvType Name: CLARENCE B. MUNDEN By. (SEAL) PrinNfype Name & Title: Print Name: KATHY S. MUNDEN By: (SEAL) PrisuType Name & Title: PrinNfype Name: _ By: Printfrype Name & Title: PrinVfype State of North Carolina - County or City of CAMDE 1, the undersigned Notary Public of the County or City of CAMDEN and State aforesaid, certify that CLARE NCF. B. MI INDPN and KATHYS MI iNDPN personally appeared before ne thisday and acknowledged the due execution of the foregoing iratrumev, ntfor ppwpypses therein expressed. Witness my hand and Notarial stamp or seal this loth day of December _ ,2012_ds1r hAefla:r4. _ MY Commission Expires: (Affix Seal) _ V oary Public �m�ys nted or Typed Name 1, the usdusigrred Notary Public of the Cowry of oq GrMP •`� and State aforesaid, certify that iknaMycame, before me this day and acknowledged thin _he is the of , a North Carolina or corpwatioMimited liability company/general pertnershipAimited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf U its act ,it deed. Witness my hand and Notarial stamp or seal, this _ day of 20_ My Commission Expires: (Affix Seal) Notary's Printed or Typed Name State of -County or City of 1, the undersigned Notary Public of the County "City of and State afotessKcertify that Witness my hand NO Notarial stamp or seal, this _ day of , 2B— My Commmsion (Affix Seal) NCBWASsMiaJIMFwm No. 30 1976,R,,h O111MIO Frinrae by Agrcemenl with the NC Bar &a $ajm Notary's Printed or Typed Name Public RECEIVED FEB 0 9 2016 DCM- MHD CITY ok; 311 Page: 328 Page 2 of 3 Hook: 311 Page: 328 Seq: 2 I 03 ATTACHMENT TRACT ONE: That certain portion of tract #11 situate in Courthouse Township, Camden County, North Carolina, which was conveyed to W.C. Jennette by Delphia C. Muse and husband, Morris H. Muse dated December 8, 1957, upon which is situated the Marina Restaurant, said portion of tract #11 is situate on the South side of U.S. Highway #158 and has frontage on said highway of 140 feet and extends back therefrom between parallel lines to the Pasquotank River. Said portion of tract #11 is bounded on the North by the U.S. Highway #158 bounded on the east by the portion of tract #11 which was conveyed by W.0 Jennette and wife, Nell J. Jennette to OR Griffin and wife, being the portion upon which is situated the Pelican Marina, bounded on the South by Pasquotank River and on the West by tract *10. See map of division which is recorded in Map Book 2, Page 4 in the Office of the Register of Deeds of Camden County, North Carolina. TRACT TWO: All that certain tractor parcel of land situated in Courthouse Township, Camden County, NC, on US Highway #158 and being apart of Lot *10 as shown on map made by T.J. Jessup, Register Surveyor, dated December 20, 1948, which map isrecorded with that certain division deed dated February 2, 1952, between the grandchildren of C.H. Robinson and duly recorded in the Public Registry of Camden County, NC, to which reference is hereby made; said parcel or tract of land being described according to said map as follows: BEGINNING at a point on the South side of U.S Highway #158 in the West line of Lot #11, and running thence along the South side of said highway westwardly 125 feet; thence due South to the edge of the Pasquotank River; thence eastwardly along Pasquotank River to the West line of said Lot #11; thence due North along the West line of said Lot #11 of the point of beginning. 0410.684 435 CAMDEN CAUSEWAY, ELI2ABI TH CITY, NC V909 RECEIVED FEB 0 9 2016 DCM- MHD CITY 3ook: 311 Page: 328 Page 3 of 3 Book: 311 Page: 328 Seq: 3 Camden County, NC Detailed Parcels Report C4 Friday, February 5, 2016 PIN: 028923001907950000 911 Address: 435 158 US W Owner Name 1: CHIN JOHN Owner Name 2: MUI CHIN Owner Address: 20190 MARKET STREET CityStZip: ONANCOCK VA 23417 BldgValue: 151347 LandValue: 383100 AssessedVa: 579419 Deeded Acres: 0.63099998 DeedBook: 311 DeedPage: 328 P1atBook: P1atPage: Zone: Marine Commercial TOWNSHIP: Courthouse Drainage District: Sawyers Creek RECEIVED FEB 0 9 2016 pCM_ MHp CIT`� r � i i 1_ I �I �fl A3 �. .a 9. S rn 1 . 1 t f y s �r 4 .•ai v a a, _...'! ;1 -77 IX _ t iyNtDIvislon:of Coastal, Management MaJor•Permit,Appllcatlou,.Computer Sheet (11/0112012). Appflcant:'WateYsEdge Grill • SO k n. y n y C_ k Date: 0210812016 Project Site County' , Staff., Lynn Mathis District ®Elizabeth City, ❑ Washington []Morehead City ❑Wilmington Project Name: Lo, Q,-rmr•S t dQQ ti Grj f ( Rover File: N/A State Plane:-X: 2821203.076ft V: Y. 939808:172ft Date of initial application,submittel (EX: 1/6/2007): 10/0912016 Date application "received as complete" in the Field office (EX..,1/8/2007): 0112612016 Permit Authorization., 0 CAMA ❑Dredge&Fill DBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes . No Photos Taken: Yes Z NoLJ Setback Required (dparian): ®Yes ❑ No Critical Habitat: El Yes LINo Not Sure 15'f6ot waiver ob,talned:, Yes ®No Hazard Notification Returned: ',❑Yes ❑No N/A SAV., ❑Yes ®No DNot Sure. Shell Bottom: ❑Yes ®No ❑ Not Temporary Impacts: ®Yes. —[]No Sure Sandbags., ❑Yes No Not.$ure Did the land use'classification come from Mitigation Required (optional):-. _ countyLUP: ®Yes ❑No ❑Yes ®No MoratodumConditions: OYes ®No Environmental Assessment Done: DNA ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION —'OPTIONAL (choose MAX of 4) LJ Future WaWSupply (FINS) ;NuIdent'Sensitive. Waters (NSW) I El Swamp Waters (SW) ❑ High.Quality Waters ("QK9' ❑ Outstanding'Resource Waters (ORWJ WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonlum sp.) ❑ (SS) Glassworl (Salicomia sp.) wetlands) _a (CJ) Saw grass. (Cladrum1gmatcense)' ( ­SA) Salt marsh cordgrass (Spading ❑ (SY) Salt reed'grass (Spartina altemilfora) cynosuroides). El (DS) iSalf or spike grass (Distichlis ❑'(SC) Bullrush or three square'(Scirpus ,❑ (TV) Cattail (Typha sp.) sprc@ta) AN -(JR) Blackneedleiush ,(Juncus ❑'(SP) Salt/meadow,grass: (Spartlna roemenanua), patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to i acre; 0 111(D) Priv. public -of comm w/D&F to 1 3490 can be applied-'$250. acre; 3490 can't be.applied - $400 ❑ Minor Modification toa'CAMA Major ❑ Major Modification to a CAMA Major 1V Any development involving D&F of ,permit - $100 permit - $250, 'more -than 1 acre.,- $4M, '.D Permit Transfer- ❑ 111(B) Public or commercial w/D&F to 1 Express Permit - $2000 acre;.399doambe appiled :- $400 ❑ Malor development extension request - ® II. Public or commercial/no dredge $100 and/or'fill - $400 ❑ I.,Pdvate no dredge and/or till - $250 ❑ Ill(C) Pnv. public or comm. w/D&F to 1 acre; 3490 can be applied,, DCM needs DWQ agreement- $400 Applicant: Ste'veris TdWn_d.* Meter'sEdge Grill Date: 02/012016 Describe below theACTIVITIES that have been applied for., All valuds should.'ryietch the dimension order, ynd.units of mbasureMahtfound In'your. Activities code sheet, TYPE REPLACE Activlty'Namo Number Choose Choose Dimension I Dimenslon,2 Dimension 3' Ornension 4, One one: Phase:? I Now Work Z Replace 39.74' 15.37' Pla(form Maint El 0 Y O'N Phase II I Now Work N Replace, 55.31" 13.67' Platform (West Adaiht 0 El Y N N 'Side) High Grqund I New Work 0 Replace 46.3' 13.39' Phasel MaInt Ej OYMN .Platform (East Side) . ] Pier 1 New Work Z Replace 6' 96' __KqWO__ _O_Y- Z N Finger Piers 2 New Work Replace 3' IV Maint 0 O'.Y 0 N Finger Piers 3 Now Work Replace .5' 15, Maint 0 0 Y'M N "T".Head I Now Work (D Replace, 5' 71' Maint 0 0 Y OW Open Deck I New,Work 0 Replace 6' 491 Maint 0 El Y E] N Now Work [I Replace MaInt 0 [1 Y [I N New Work E] Replace Maint 0 El Y El N Now Work Replace MaInt El EI'Y El N Now Work Ej Replace Alaint ❑ El Y C❑I N' Now Work [I 7 - e—place Maint [I El Y El N New Work Replace Maint 0 [1 Y 0 N Now Work 0 Replace MdInt F-I Ely [IN Now Work [I Replace MaInt [I [I Y F-I N New Work 0 Replace Maint El [I Y 0 N New Work El Replace MaIrit El El Y El N Now Work [I Replace Maint U [I Y [I N Now Work 12 Replace VaIntIl 0 Y'D N Describe below the HABITAT disturbances fortl a application; All,values should match the nameand units of measurement found In, your HiWt'af code sheets TOTAL Sq..FB FINAL Sq. FL TOTAL Feet FINAL Feet ,(Applied for .(Anticipated final (Applied fora (Anf/clpatedrrnef DISTURB TYPE Disturbance total disturbance. Disturbance disturbance: HabitatNamei Choose One Inciddesany Ekiddes any total includes Excludes any .anticipated restore tIIon any: anticipated restoration and/or restoration or 'and/or temp restoration or temp�impact tam :Im acts Im ct amount tam Im acts amount Shellow,Bottelri I Dredge ❑ Fill Both, ❑ `Other. ® ❑' $4 }sf 6:?1sf Shallow"Bottom - ? ` Dredge [] Fill ❑ Both i ❑ Other 620sf 620sf Shallow'Bottom Dredge ❑ Fill❑Both ❑ Other' 0 756sf 756s( Shallow Bottom Diedge ❑ Fill ❑ Both ❑ 'Other ® 588sf 588sf Shallow Bottom Dredge ❑ Filf❑ .Both' ❑ Other 72sf' 72sf Shallow,Bottom Dredge [I 'Fiti❑' f?oth; [I Other ® 225sf 225sf Shallow Bottom Dredge ❑ Fill ❑ Both ❑ Other ® 355sf' 355sf High Ground Dredge [I Fill ElBoth+ ❑ Other' ® 296sf 295sf Dredge ❑ Fill ❑ Both ❑ :Other ❑ Dredge ❑ Fill ❑. Both ❑ Other ❑ Dredge ❑. Fill El cBoth' ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ .Other ❑ Dredge [I Fill ❑ Both ❑ 'Other ❑ Dredge Q Fill ❑ Booth'. ❑ Other [:I Dredge FiffEl, Moth. ❑ Other❑ .Page 1 of 3) V Ooe ID: 000581070003 T130: CAP Fes Me: $023.002Pageai Of.33:11 PH Revenue Tax: $597.00 Camden. W Panay C. Klght Sealster of Deeds w311 m328-330 NORTH CAROLINA GENERAL WARRANTY DEED by MailfBox to: HIGH & CROWE, LLP, PO BOX 921 102 EAST QUEEN ST., EOENTON, NC 27932 / This instrument was prepared by: HIGH & CROWE, LLP, PO BOX 92/ 102 EAST QUEEN ST., EDENTON, NC 27932 Brief description for the Index: THIS DEED made this 14th day of December , 20 I2 by and bdwm CLARENCE B. MUNDEN and KATHY S. MUNDEN 114 WINDY HEIGHTS CAMDEN, NC 27921 JOHN CHIN and MUI CHIN 20190 MARKET STREET ONANCOCK, VA 23417 Enter in appropriate block for each Grantor and Grdnlee: name, mailing address, and, if appropriate, character of etily, e.g connotation or oartnershm. The designation Grantor and Gramee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSEfH, that the Grantor, for a valuable considerationpaid by the Grantee, the receipt of which is herebyacknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantx in fee simple, all that certain lot of parcel of land situated in the City of ELIZABETH CITY COURTHOUSE Township, CAMDEN County, NcathCamlina and more particularly described as follows: See Attached The property hereinabove described was acquired by Grantor by insmlment recorded in Book page All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property Is recorded in Plat Book page NC B. Aauririan none Na 3 O 1976. Revleed O IRM10 Rind by APa l WM the NC Br Mswlabn RECEIVED FEB 18 2016 DCM- MHD CITY Book: 311 Page: 328 Page 1 of 3 Hook: 311 Page: 328 sect: 1 TO HAVE AND TO HOLD the aforesaid lotorparcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor Is seized of the premises in fee simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the tide against the lawful claim of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above //written. `y&':s Air /i%tculw (SEA] 1 (Entity Name) PrinVfype Name: CLARENCE B. MUNDEN sy: y/ s (SEAL) PrinUI)W Name & Title: Print Name: KATHY S. MUNDEN By: 1 EALI Pnntfl)pe Name & Title: Print Type Name: By: (SEAL) PrinVlype Name &Tula Print?ype Name: State of North Carolina - County or City of CAMDEN 1, the undersigned Notary Public of the County or City of CAMDEN and State aforesaid, certify that CLARE NCE& MIINDPN and KATHY C MI INDFN personally appeared before me ftday and acknowledged the due execution of the foregoing instrument for WF@Wposee therein expressed. Witness my hand and Nmarialstampm seal this 14th day of December . 20 12.Oe" MC(`iAA !A i. MYCommission Expires:��Qf.jQ OT ARy (Affix Seal) _ r, State of - County or 1 tat Public undersigned Notary Public of the County oryltylAf CM2,� . , and State aforesaid, certify that f/d"iRdlycamc before me this day and acknowledged that _he is the of ,a North Carolina or corpomtionnimited liability company/general part ership/lindted Partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Winters my hand and Notarial stamp of seal, this _ day of 20_ My Commission Expires: (Affix Seep Notary's Printed or Typed Name State of - County or City of 1, the undrxsig=dNotary Pubbeofthe CcurdyorCStyof and Smteaforesaid,omtifytimt my hand and Notarial stamp or seal, this day of My Con mission (Affix Sea]) NC B. Ms .Wioa Form No. 3 ® 19X Revised ® 1/IR0t0 Pn.W by Agreemenu Mlh tee NC B. AssOelalian Public Notary Public Notary's Primed or Typed Name RECEIVED FEB 18 2016 DCM- MHD CITY ok: 311 Page: 328 Page 2 of 3 Hook:. 311 Page: 328 Seel: 2 ATTACHMENT TRACT ONE: That certain portion of tract #11 situate in Courthouse Township, Camden County, North Carolina, which was conveyed to W.C. Jennette by Delphia C. Muse and husband, Morris H. Muse dated December 8, 1957, upon which is situated the Manna Restaurant, said portion of tract #11 is situate on the South side of U.S. Highway #158 and has frontage on said highway of 140 feet and extends back therefrom between parallel lines to the Pasquotank River. Said portion of tract #11 is bounded on the North by the U.S. Highway #158 bounded on the east by the portion of tract 011 which was conveyed by W.0 Jennette and wife, Nell J. Jennette to OR Griffin and wife, being the portion upon which is situated the Pelican Marina, bounded on the South by Pasquotank River and on the West by tract #10. See map of division which is recorded In Map Book 2, Page 4 in the Office of the Register of Deeds of Camden County, North Carolina. TRACT TWO: All that certain tract or parcel of land situated in Courthouse Township, Camden County, NC, on US Highway #158 and being a part of Lot #10 as shown on map made by T.J. Jessup, Register Surveyor, dated December 20, 1948, which map isrecorded with that certain division deed dated February 2, 1952, between the grandchildren of C.H. Robinson and duly recorded in the Public Registry of Camden County, NO, to which reference is hereby made; said parcel or tract of land being described according to said map as follows: BEGINNING at a point on the South side of U.S Highway #158 in the West line of Lot #11, and running thence along the South side of said highway westwardly 125 feet thence due South to the edge of the Pasquotank River; thence eastwardly along Pasquotank River to the West line of said Lot #11; thence due North along the West line of said Lot #11 of the point of beginning. 0110.881 435 CAMDEN CAUSEWAY, ELIZABETH CITY, HC 27909 RECEIVED FEB 18 2016 DCM- MHD CITY Book: 311 Page: 328 Page 3 of 3 Hook: 311 Page: 328 8eq: 3 0 North Carolina Department of Environmental Quality Pat McCrory Governor October 13, 2015 Chris Morris A. R. Chesson Construction Company, Inc. Post Office Box 2266 Elizabeth City, North Carolina 27949 RE: Major Permit Application for Water's Edge Grill Dear Mr. Morris: Donald R. van der Vaart Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for Water's Edge Grill on the afternoon of October 9, 2015. My review has revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. I am retaining the original application package so that I may continue reviewing the project. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: Narrative: a. Pier length is noted as being 144' from the new decking. This does not match the lengths shown on the plans and does not match the length stated in the application Form MP — 41. C. Typically the pier length is measured from normal water level (NWL) to the waterward platform or "T". b. The narrative does not address the proposed platform area at the bulkhead or the docking facility. Note total areas of platform separately at the bulkhead and on the pier. c. The narrative should address the proposed method of installation. 2. Application Forms: • DCM MP- 3 FORM: RECEIVED OCT 16 2015 a. Under a. - Clarify "riprap stabilization" and show on Cross Section Drawing. b. Under i. - Clarify as "existing" lot cover. DCM- MHD CITY • DCM MP- 4 FORM a. Number 1. c. -The length given (214') does not match any information on the plans. b. Number 1. d. - The dimensions of the triangle finger piers do not match the drawings. c. Number 1. e. - The width of the platforms/deck at bulkhead listed as 11.82' x 168'. These measurements do not scale out as given. Please check and correct as needed. Chris Morris A.R. Chesson Company, Inc. October 13, 2015 Page 2 d. Number 8. -The description states that the deck will be a total of 2,342sf and the plans state that the deck is 2,842sf. Please cross check totals and dimension from the plans, application forms and narrative for consistency. 3. Drawings: a. Vicinity/Location site map with adequate information for someone unfamiliar with the location to find the property in question. b. Sheet 1: The deck on the west side of the building is incorrectly represented. It has a stairway to access the 2nd floor that is not shown. Please show all "existing" structures. c. Sheet 1: Clarify the pier length. There is a note that states 6' x 60' Pier, Area = 588sf, which is incorrect. Pier length is measured from the NWL to the platform or "T" head. d. Sheets 1 and 2: Show and label normal water level. e. Sheet 2: There is a significant area of the pile supported 2nd floor room over the existing building and deck system that is not shown on the plans. Clearly show the footprint of the building and roof overhang to show additional decking and buildable area not shown on the plans. f. Sheet 2: The west side shows and open deck indicating that the stairs to the second floor will be removed. Show how the 2nd floor will be accessed. g. Give the area of the building(s). h. Sheets 2: Show and label the 30' Buffer. i. Show and label the 75' Area of Environmental Concern (AEC). j. Sheet 2: The dimensions for the triangle finger piers must match the dimensions in the application (MP — 4 #1. d.) k. Sheet 3: Cross -Section of the building (including the 2nd floor pile supported room), deck and pier in relation to NWL should be a scaled drawing. I. Sheet 3: The small plan view drawing of the triangle finger pier does not match the drawing on Sheet 2. Please correct as needed. Once the application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me at (252) 264-3901 if you have any questions regarding this letter, the permitting process or if you would like to meet and review the revised application packet for completeness. Sincerely, Lcynn athis Field Specialist E�vED NC Division of Coastal Management REC+ pCT 161�15 Enclosures C�•(Y Cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City DCM. MHO Frank Jennings, District Manager, DCM, Elizabeth City John and Mui Chin, Owners Machelhe Cove Association, Inc. 33 Camden Causeway Elizabeth City, NC 27909 October 16, 2013 RE: Water's Edge Grill Dear Lynn Mathis, OCT 2 1 2013 This letter is to inform you that the Machelhe Cove Association, Inc. as an adjacent riparian owner to the Water's Edge Grill is very much against a major CAMA permit being granted for an expansion of their existing deck, construction of a six feet wide pier 162 feet in length, finger piers, ten slips and tie pilings. The length of the pier and number of slips and ties requested is unreasonable for the purpose of only using it for boaters to eat at the restaurant. If in the future they propose some other use such as renting or selling the boat slips the parking would not be adequate. The length of the pier would project further than any existing piers. We believe that this type of construction will be a detriment to the homeowners. It will in no way enhance the value of our property. It has the potential of making it harder for boaters to get in and out of our private docks. It has the potential of loud noises that we do not desire. It has the potential of creating safety hazards. It certainly will not enhance esthetics of any kind. Please be advised that we are against such a permit and request that it be denied! Sincerely, ��-e Patsy R McGee, President RECEIVED FEB 0 9 2016 DCM- MND CITY r Received Form DCM MP-4 )AN 2 6 1616 STRUCTURES Q' O� DCM-EC (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, 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 c. (i) Dock(s) and/or piers) +!>~e 0 (If) Number 55 (III) Length 1 'x ' L 2i- 5'x713 4 5 - 5'x15' (iv) Width See above and dwa sheet 2 of 3 (v) Floating []Yes ®No e. (i) Are Platforms included? ®Yes []No If yes: (ii) Number 1 (Iii) Length varies (iv) Width varies=1987sf over water (v) Floating []Yes ®No Note:- Rooted areas are calculated from dripline dimensions. g. (i) Number of slips proposed 10 (ii) Number of slips existing 0 ,O 1. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel 00pen water; no dredging required ❑Other; please describe: k. Typical boat length: 26' ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No d. (I) Are Finger Piers included? ®Yes []No If yes: (if) Number 2 (III) Length 12' (iv) Width Average 3.0' = 36sf ea (v) Floating []Yes ®No f. (1) Are Boatlifts included? ❑Yes ®No If yes: (ii) Number (Iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slipsl only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Transient slims for use by restaurant customers, no Iona term dockage j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types I. (1) Will the facility be open to the general public? RECEIVED FEB 0 9 2016 DCM. 0 Received y m. (i) Will the facility have tie pilings? ®Yes ❑No JAN 2 6 2010 ®Yes ❑No (if) If yes number of tie pilings? DCM-EC 16 2. DOCKING FACILITY/MARINA-OPERA440AAS--. _,._.,j ❑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. _; Location: N/A, ❑ Showers ❑ Boatholding tank pumpouh Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 2 proposed, one at water and one at land ends of access to pier (ii) Give the location and number of "Pumpout Available" signs proposed. N/A I. 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: N/A 1. 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 commercial use of the slips for live aboard will be permitted. Overnight will be limited for occasional owner use only. k. Describe design measures that promote boat basin flushing? N/A, Open Channel RECEIVED- FEB 0 9 2016 DCM- MHD CITY 252-808-MgUS 1-S8°4SCi3AlsT, Nn•.nccoasiafgnaraenr,n�n. _ne! ,:.�s<.i%.. -„ Received 1. If this project is an expansion of an existing marina, what types of services are currently provided? N/A JAN 2 6 2016 DCM-EC m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the madna/docking facility proposed within or adjacent to coastal wetl submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes arechecked, provide the numbs u acted. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community, c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) r ��- _ r,tss; a �. tl.vua�7ya a¢� r4•aret to is d:121271U6 6. Are of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 86' (deck to riparian line) 127' Note: For buoy or mooring piling, use arc of swing including length Of vessel c. Width of water body d. Water depth at waterward end of structure at NLW or NWL ®1®75 e. (i) Will navigational aids be required as a result of the project? OYes ®No ❑NA (if) If yes, explain what type and how they will be implemented. L 8.OTHER ❑This section not applicable a. Give complete description: The project will have an expanded open deck with 3012 at of area. The area over public trust water is 1987sf. The deck over existing fill will be used as outdoor dining and normal outdoor food service events. The deck over Public Trust Water will be for observation and water related functions.The pier will be extended to allow deeper draft vessels access to the restaurant. Ten slips are planned and will serve as short term access to the restaurant. No normal marina services will be offered. An adjacent existing marina offers full services for longer term docking, fuel, ramp, and maintenance. 22 Date Water's Edge Grill Project Name Chris Morris Applicant Name Applicant Signature Received JAN 2 6 2"' : DCM-EC RECEIVED FEB 0 9 2016 DCM- MHD CITY A.R.CHESS ON CONSTRUCTION CO., INC. Transmittal Date: Thursday, March 03, 2016 Project: Water's Edge Grill To: Courtney Spears Company Name: Division of Coastal Management Address: 400 Commerce Avenue Phone: 252-808-2808 Elizabeth City Office: P.O. Box 2266 138 Rich Blvd. Elizabeth City, NC 27906 (27909) 252-338-9171 Fax 252-338-9172 RECEIVED MAR 0 7 2016 DCM- MHD CITY From: Morris;Chris Reference: CAMA permit for The Water's Edge Grill We are sending you: ❑ Attached ❑ The following items under separate cover ❑ Shop Drawings ❑ Prints ® Plans ❑ Samples ❑ Copy of Letter ❑ Change Order ❑ Specifications ® Submittal Copies Date No. Supplier/Description 7 3/3/16 Sheet 2 of 3 CAMA drawings 1 3/3/16 Revised MP-4 ® For approval ❑ Approved as submitted ❑ Resubmit _ Copies for approval ❑ For your use ❑ Approved as noted ❑ Submit _ Copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return _ Corrected prints ❑ For review and comment ❑ Other ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US Comments: Attached are revised CAMA drawings as discussed. In addition, I have marked up a revised MP-4. If you need any additional information, please let me know. Thanks for your help. Page 1 of 1 HAProjects - Archives\Marina Restaurant\Permit Docs\Revised CAMA Dwg Transmittal.docx