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29-16 Moorecoastal Investments LLC
Permit Class NEW - STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission oQ Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 29-16 Issued to _ Moorecoastal Investments, LLC, PO Boa 865, Swansboro, NC 28584 Authorizing development in Onslow County at adjacent to White Oak River, 103 Moore Street, in Swansboro , as requested in the permittee's application dated 10/12/15 (MP-1) & 10/27/15 (MP-4), inc. attached workplan drawings (4) 1 of 4 dated revised 9/9/15 and 2-4 of 4 dated revised 9/10/15. This permit, issued on March 3, 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. Urban Waterfront Development 1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the pilings, building supports, two second -story open decks with landing and staircase, all as expressly and specifically set forth in the attached permit application and workplan drawings. RECEIVED (See attached sheets for Additional Conditions) MAR 14 2016 DCM- MHO This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ a qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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. Bra? on C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Moorecoastal Investments, LLC Permit No. 29-16 Page 2 of 3 ADDITIONAL CONDITIONS 2) This permit does not authorize the enclosed vestibule indicated on the attached workplan drawings, and all references to the enclosed vestibule in the attached permit application and workplan drawings are hereby considered null and void. NOTE: This Division of Coastal Management acknowledges the pemrittee's intent to potentially seek a variance from the Coastal Resources Commission to this condition. Should the design of the vestibule be change based on requirements of the Swansboro Historic Preservation Commission, such changes may be incorporated into the Variance materials. Dockine Facility 3) This permit authorizes only the platform and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded 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 expanded docking facility. Any sewage discharge at the expanded 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. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes a maximum of two formalized boat slips. ` VO 8) No attempt shall be made by the permittee to prevent the full and free use by th Rc of navigable waters at or adjacent to the authorized work. General 9) The permittee and/or his or her contractor shall meet with a representative of the ion prior to project initiation. V� 10) 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. w Moorecoastal Investments, LLC ADDITIONAL CONDITIONS Permit No. 29-16 Page 3 of 3 11) 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. 12) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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 197800056 (Action ID No. SAW-2015-02612). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3883 and assigned DWR Project No. 20151184. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The pemuttee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED MAR 14 2016 DCM- MHD CITY Application Processing Notes Applicant:. Type:: (check all that apply) New I� Major Mod Permit # Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Representat Date Time Message p,v�d ��SCUSS � (A( r)AV� fNA�.4 -FCO✓r4 CA2C- t'(k(-�'-S -�Or �(ri✓�La�r✓�r 12�f�/�s u+lec� UjA06 aid Owt2 (401) �r reps U� uSACI� 12/fY/lam c,m � Rai rq -For &6mw>.ev� 1m wj-v�'ts — Ke(c \.)04 12,114-/fs awci l.e-d W"Ra OEM-,Lp- CSw) for GOM wL-Q.rct �Z/Z�'�S �.2,(.2.i�2(� p�61� %�'L�� lyuvvt I Vi✓t,fUYl, (�SGtil55z�d �u-�-�all� lv)�Oi rnn IUld vbVV pI �'b(f n -%r VZ77 L i!e-, 12�i1�1� (l�s�ty I PAC, -}o c�tW ��ld rci'S a tin n-\aa4T (P yA,v) I �z3�s V ed 1 r epjj o q 1 av Cgs �Nti�U Y'P PM--(- atW a w 'Liv -I,t'CaA/U h 0(d WVV4 UK wvu at'a � Spears, Courtney From: Kathy Vinson <kbvinson@ec.rr.com> Sent: Monday, February 22, 2016 8:05 AM To: Spears, Courtney Cc: Kathy Vinson Subject: Moorecoastal Investments major CAMA Courtney, Thank you for taking time to speak with me last week regarding the Moorecoastal Investments, LLC major permit application. We are seeking your guidance on the most efficient way to proceed with the proposed vestibule component of the project. I hope the following helps clarify my request. Please recall that I met with you and Doug in December to discuss the vestibule and the variance process available for a project or project component that receives a permit denial. We discussed that the proposed vestibule is unlikely to be permitted by DCM, although the owner has the option to request a variance from the CRC to build it. We understand that a permit denial is necessary prior to proceeding with a variance request. Doug recommended that final CAMA permit application drawings and details for DCM consideration of the vestibule be resolved prior to DCM taking action on the application. I understood that we should submit a plan that exactly represents the plan that would be built, since CRC consideration of a variance would be based on the denied plan, not some variant of it. In January, as a result of this conversation we placed processing of the application on hold to allow time to revise plan details for the proposed vestibule. In addition to the CAMA permit, the owner must receive a certificate of appropriateness (COA) from the Swansboro Historic Preservation Commission (HPC) prior to building the project. HPC procedures require submittal of the CAMA permit as part of the application for the COA. The HPC will consider and must approve building details regarding the overall appearance of the proposed changes. These include the arrangement of doors and windows and other components of the building facade. A cursory review of the proposed changes has occurred between the owner and the HPC, but the details of the vestibule are still in question. We have made progress. However, an official COA application has not been submitted and cannot occur without a CAMA permit. At this point we are unsure what will be approved by the HPC. We met again last week with Town staff to explain our dilemma regarding the vestibule, including the need for further feedback from the HPC and a variance from the CRC. Given the need to settle on a final plan prior to requesting a CRC variance, staff indicated that the HPC will in all probability work with us on developing the vestibule plan provided a CAMA permit has been issued for the remainin@ project components. The position of the vestibule and dimensions (length, width, height) are settled. The owner has also selected an overall plan for the windows, doors, and other enclosure components that he prefers. However, we anticipate that the HPC may request changes to the owner's plan. It would be greatly appreciated if you could help us determine from the CAMA permitting perspective the most expeditious way to proceed. Should we remove the application from "hold" status and proceed with the previously submitted plan, and later ask for a modification once the HPC is satisfied? Or should we just remove the vestibule entirely from the plan and permit application and submit a modification request adding it once HPC direction has bee received? Would another option be more efficient? COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, ATCP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 February 29, 2016 Ms. Courtney Spears NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Improvements Dear Courtney: Please remove the major CAMA permit application for Moorecoastal Investments, LLC from hold status and resume processing in accordance with our discussion of February 26, 2016. Please consider the previously submitted application documents and plan drawings in your review. On behalf of the applicant, we appreciate the assistance you and Doug Huggett have provided for this project. Please call me at 252-240-9297 if you have questions or need additional information. You can also reach me at kbvinsonngec.rr.com Sincerely, Kathy B. Vinson, AICP cc: Randy Swanson Permit Class NEW Permit Number 29-16 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 Issued to Moorecoastal Investments, LLC, PO Box 865, Swansboro, NC 28584 Authorizing development in Onslow County at adjacent to White Oak River, 103 Moore Street, in Swansboro , as requested in the perxnittee's application dated 10/12/15 (MP-1) & 10/27/15 (MP-4), inc. attached workplan drawings (4) 1 of 4 dated revised 9/9/15 and 2-4 of 4 dated revised 9/10/15. This permit, issued on March 3, 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 n mese terms may De subject to rmes, imprisonment or civu action; or may cause the permit to oe nun ana voia. Urban Waterfront Development 1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the pilings, building supports, two second -story open decks with landing and staircase, 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. Brax on C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Moorecoastal Investments, LLC Permit No. 29-16 Page 2 of 3 ADDITIONAL CONDITIONS 2) This permit does not authorize the enclosed vestibule indicated on the attached workplan drawings, and all references to the enclosed vestibule in the attached permit application and workplan drawings are hereby considered null and void. NOTE: This Division of Coastal Management acknowledges the pemuttee's intent to potentially seek a variance from the Coastal Resources Commission to this condition. Should the design of the vestibule be change based on requirements of the Swansboro Historic Preservation Commission, such changes may be incorporated into the Variance materials. Docking Facility 3) This permit authorizes only the platform and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded 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 expanded docking facility. Any sewage discharge at the expanded 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. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) The pemiittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes a maximum of two formalized boat slips. 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. General 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 10) 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. I Moorecoastal Investments, LLC ADDITIONAL CONDITIONS Permit No. 29-16 Page 3 of 3 11) 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. 12) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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 197800056 (Action ID No. SAW-2015-02612). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3883 and assigned DWR Project No. 20151184. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City, NC 28557 October 12, 2015 Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Improvements 103 Moore Street Swansboro, North Carolina Dear Ryan: Office 252.354.4916 Fax 252.247.5875 Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of Randy Swanson and Moorecoastal Investments, LLC for improvements to the Icehouse Waterfront Restaurant. The owner proposes to construct two second -story open decks with landing and staircases, install additional building and deck pilings, install support beams beneath the restaurant, and enclose a portion of an existing deck to create a vestibule. The project also includes moving the existing docking facility 3.3 feet southeast in order to add an ingress/egress platform. Moorecoastal Investments, LLC check number 1579 in the amount of $400.00 for the permit application fee is also enclosed. The adjacent riparian neighbors have been notified of the project plans by certified mail. Green card return receipts will be submitted to you as soon as they are returned by the Post Office. I will provide the additional required large -format copies once your review is complete. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. I look forward to working with you on this project. Sincerely, C, Kathy B. Vinson, AICP cj� C L `L U Lf ©o iECEIVED Enclosures O C T 14 2 915 DCM- IVJHD CITY COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.2,47.5875 October 28, 2015 Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Improvements 103 Moore Street Swansboro, North Carolina Dear Ryan: RECEIVED OCT 28 2015 DCM- MHD CITY Thank you for the review comments on the Icehouse Waterfront Restaurant Improvements project. Enclosed are the revised narrative and MP-4 Structures form that you requested. Also included are 26 additional sets of large -format project plans. One copy of the plans was previously provided. I will submit both green card receipts from the certified mail notices to the adjacent riparian neighbors when returned by the post office. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. Sincerely, Kathy B. Vinson, AICP Enclosures RECEIVED OCT 2 8 2015 DCM- MHD CITY Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Improvements Major CAMA Permit Application October 12, 2015 Contents Application Documents DCM MP — 1 Application DCM MP — 4 Structures Project Narrative Introduction Site Description Project Description Construction Methods Riparian Waivers H.J. Webb Town of Swansboro Town of Swansboro Easement Authorized Agent Letter Property Deed Notification to Adjacent Riparian Property Owners Project Plans Sheet 1 Existing Conditions Sheet 2 Proposed Conditions Sheet 3 Existing Elevations Sheet 4 Proposed Elevations RECEIVED OCT 14 2015 DCM- MHD CITY B Moorecoastal Investments, LLC RECEIVED Icehouse Waterfront Restaurant Improvements Onslow County OCT 2 8 2015 Project Narrative DCM-MHD CITY Introduction Moorecoastal Investments, LLC is the owner of the Icehouse Waterfront Restaurant located adjacent the White Oak River at 103 Moore Street in the historic downtown area of Swansboro. The building is believed to have been constructed during the 1930's and 1940's and is located in an area designated by the Town of Swansboro as an urban waterfront area. Typical of construction during this period, a portion of the building extends waterward of Normal High Water (NHW). The owner is requesting a major CAMA permit to add building pilings and install other building supports, construct two second -story open decks with landing and staircases, and install an ingress/egress platform along the front of the building. The project also includes enclosure of a section of an existing roofed deck to create a vestibule or waiting area for customers and a walkway over the vestibule connected to the proposed second -floor decks. The existing dock will be moved slightly waterward to accommodate the ingress/egress platform. Site Description The project site is located at the corner of Moore and Front Streets in downtown Swansboro. The site is comprised of 10,055 square feet and contains a single -story wood framed restaurant building and a two -slip docking facility. Moore Street, a town -owned right-of-way, is located to the east of the project and is the site of a public dock. H.J. "Joe' Webb is the owner of the parcel to the west, which contains a commercial restaurant building with an upstairs apartment and a dock. The existing Icehouse dock was recently installed under authorization of major CAMA permit 28-12. The permit was issued jointly to the Town of Swansboro and Randal Swanson on April 4, 2012 for construction of the Icehouse Dock and the Town Dock located in the Moore Street riparian corridor. The Icehouse dock consists of two floating sections. The one perpendicular to the shore measures 5.5' x 20' and is connected to a 6' x 7' fixed platform by a 4' x 16' gangway. The second floating dock section measuring 5.5' x 38' with gangway is also connected to the fixed Moorecoastal Investments, LLC Major CAMA Permit Application October 27, 2015 RECEIVED OCT 2 8 2015 DCM- MHD CITY Page 1 RECEIVED OCT 2 8 2015 platform and is positioned parallel to the shoreline. The To"r me6is 9 the(Icehouse dock at the fixed platform. The Town Dock is also accessible from the exiistingam level covered deck near the main entrance to the restaurant. The White Oak River is 730' wide at the project site. The Swansboro Turning Basin, a federally maintained channel, is located offshore of the project site. The shoreline along NHW for the Icehouse site measures 52 linear feet. The approximate high ground elevation of the tract is + 3 feet in the vicinity of the proposed work. Vegetation on the site consists of grass and landscape plants. Water depths at the existing boat slip locations measure +/- 12' NLW. As previously stated the project site is located in the historic downtown area and is included in an urban waterfront area, as designated by the Town of Swansboro. A portion of the existing building and deck extends beyond NHW, as shown on project plans. The local zoning classification is B-2 Historic District Overlay. The site is subject to the CAMA Urban Waterfront Rules as applied to estuarine shorelines, as well as the Town of Swansboro Historic District Regulations. The project must be reviewed and approved by the Swansboro Historic Preservation Commission prior to construction. The existing building and dock and proposed improvements do not meet the 15' riparian corridor setback on either side of the property. Both of the adjacent riparian neighbors (H.J. Webb and the Town of Swansboro) have provided waivers to the owner of the Icehouse Waterfront Restaurant for the proposed project. The waivers were provided in September 2015 and are included with this permit application. The existing building, the Icehouse dock fixed platform that connects to the Town Dock, and proposed improvements to the east side of the building are partially located within the Moore Street riparian corridor. In May 2015 the Town of Swansboro granted an easement over its riparian corridor in the White Oak River at the southern boundary of Moore Street to the northern edge of the federal channel setback to the Swansboro Turning Basin to Moorecoastal Investments, LLC. The easement also provides Moorecoastal Investments, LLC ingress/egress over the existing Town Dock. A copy of the recorded (Onslow County Registry) easement is also included with the permit application. The Icehouse Waterfront Restaurant is provided with central water and sewer service by the Onslow County Water and Sewer Authority (ONWASA). Moorecoastal Investments, LLC Major CAMA Permit Application October 27, 2015 RECEIVED OCT 2 8 2015 Page 2 DCM- MHD CITY Project Description The project consists of the addition of building pilings, installation of building supports, and construction of two second -story open decks with landing and staircase. An ingress/egress platform will be installed along the waterward front of the building. The project also includes completion of an existing, partially enclosed section of roofed deck to create a vestibule or waiting area for customers. A second floor walkway is proposed over the vestibule, which will connect via an exterior stairway the first floor entry deck to the larger proposed second level open deck. The existing dock will be moved slightly waterward to accommodate the ingress/egress platform. A 16.5' x 20' open second -floor deck is proposed for the west side of the building, with a 23' x 30' open deck proposed for the east side. The decks will be surrounded by 3.5' picket guard railings and will be used to serve food and drinks to restaurant patrons. A landing measuring 9' x 7' will be located between the two decks, connecting to a 3.5' x 22' staircase leading to the existing first floor deck. (Minor CAMA permit #15-13 was previously issued for construction of a 16' x 24' rooftop deck and stairwell. No work authorized by the minor permit has been undertaken.) The owner would like to create a vestibule or foyer by completing a partially enclosed section of the existing first -floor roofed deck on the east side of the building. This section of deck is enclosed on two sides by existing walls, and is currently used for dining as well as a walkway to the main entrance to the restaurant. It serves as an overflow area for patrons waiting for tables, but is not usable during inclement weather. The vestibule component of the project is acutely needed, as there is currently limited space inside the front entrance for waiting patrons. Creating the fully enclosed vestibule will not increase the existing footprint of the building. When complete, the vestibule will measure 45' in length and 10.3' to 14.5' in width. New walls will be constructed along the east and north sides of the deck and solid flooring installed. The owner proposes to install windows sufficient to take advantage of the coastal breeze during good weather. A second -floor walkway measuring 45' x 3.5' is proposed for location over the vestibule. The walkway will be accessed from the larger proposed second -floor deck by a stairway measuring 3.5' x 10'. A staircase on the northern end of the walkway will measure 3.5' x 16' and will connect the walkway to the existing first floor deck. Moorecoastal Investments, LLC Major CAMA Permit Application RECEIVED October 27, 2015 Page 3 OCT 2 S 2015 DCM- MHD CITY A fixed ingress/egress platform measuring 46" x 51' will be added in front of the existing first - floor deck along the shoreline. The platform will be structurally independent of the building, as shown on project plans. Installation of the ingress/egress platform will necessitate relocating the existing dock 3.3' waterward. The project also includes the addition of building and deck pilings, as shown on project plans. Pilings will be embedded a minimum of 12' into the river bottom. Project engineers also propose to reinforce and support the building by installing 8" x 8" timber posts (see project plans) bearing on new beams to be installed underneath both existing dining rooms. The timber posts will be encased and will extend upward to support a new roof and the proposed second -floor decks. None of the proposed project components will increase the existing footprint of the building or project built -upon -area (BUA). The existing and proposed positions of the dock are located 5' from the riparian corridor to the west and extend 2.5' into the riparian corridor to the east. The existing building and first floor deck are located on the riparian corridor line to the west and extend 2.5' into the riparian corridor to the east. The proposed second -floor decks are located 3.5' from the west and < 1' from the east riparian corridors, with building pilings located 3' from the west and < 1' from the east. The existing deck/vestibule and associated walkway and staircases are located < 1' from the eastern riparian corridor. The proposed ingress/egress platform is located 3' from the west and 2.5' into the east riparian corridors. The Icehouse dock is located 20' from the adjacent dock to the west (Webb). As previously noted, it is attached to the adjacent dock to the east (Town of Swansboro). All project components comply with the US Army Corps of Engineers setbacks to the federally maintained channel located offshore of the site. Construction Methods One barge with pile driving equipment stored in deep water will be used for relocation of the dock, construction of the ingress/egress platform, and installation of new pilings and other building support components. Conventional construction methodology will be employed for improvements to the restaurant building. Hand tools and carpentry equipment for construction of the decks, landing, staircases, and vestibule will be stored on highground or in the building. Moorecoastal Investments, LLC RECEIVED Major CAMA Permit Application October 27, 2015 OCT 2 8 2015 Page 4 DCM- MHD CITY RM Mr-1 APPLICATION for Major Development Permit (last revised 12/2T06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (a applicable) Moorecoestal Investments, Llc Icehouse Waterfront Restaurant Improvements Applicant 1: First Name MI Last Name Randy Swanson Applicant 2: First Name MI Last Name N/A N/A WA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 865 Swainsboro NC ZIP Country Phone No. FAX No. 28584 USA 910 - 467 -1781 ext. N/A N/A - Street Address (d dMererit from above) City State ZIP WA NIA WA N/A - Email icehousewaterfront@gmail.com 2. Agent/Contractor Information Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B. Vinson Agent/ Contractor 2: First Name MI Last Name N/A WA N/A Mailing Address PO Box city State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. N/A 252 - 354 - 4916 ext. N/A FAX No. Contractor # 252 247 5875 WA Street Address (d different from above) city State ZIP N/A N/A WA N/A - Email kbvinson@ec.rr.com <Form continues on back> OCT 14 2015 Dr- A-4 BA r 252-808.2808 .. i-886-48COAST ,. www. nccoasta lmanagement. net onn MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow 103 Moore Street N/A Subdivision Name ity State Zip N/A rswansboro NC 28584 - Phone No. Lot No.(s) (d many, attach additional page with list) 910 - 467 -1781 ext. N/A N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak White Oak River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown White Oak River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Town of Swansboro 4. Site Description a. Total length of shoreline on the tract ft) b. Size of entire tract (sq.ft.) 52.22 10,056 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 10,055 sq. ft., NWL (normal water level) (If many lot sizes, please attach additional page with a list) + 3.0 SNHW or ❑NWL e. Vegetation on tract Grass and landscape vegetation f. Man-made features and uses now on tract Single story timber framed commercial restaurant with elevated timber deck and two -slip docking facility adjoined to neighboring public dock. g. Identify and describe the existing land uses adiacent to the proposed project site. Town of Swansboro public street and dock to the east, commercial restaurant building with upstairs apartment and dock to the west. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? B-2 Historic District Overlay (Attach zoning compliance certificate, if applicable) SYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? SYes ❑No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes SNo ❑NA If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does it involve a SYes ❑No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED OCT 14 20'5 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalma nprpr♦9rTNM t cn-Y WForm. MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Wastewater is handled by ONWASA o. Describe existing drinking water supply source. Drinking water is supplied by ONWASA p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublidGovemmertt ❑Prtvate/Commundy b. Give a brief description of purpose, use, and daily operations of the project when complete. Project will continue to function as a restaurant and will provide water access, including boat docking, for 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. One barge with pile -driving equipment for installation of pilings, egress/ingress platform, and relocation of existing dock will be stored in deep water. Hand tools and carpentry equipment for construction of the decks, landing, staircases, and vestibule will be stored on highground. d. List all development activities you propose. Add building pilings and install structural supports, construct two second -story open decks with landing and staircase to be located between decks, enclose section of existing deck to create a vestibule and construct staircases and catwalk over vestibule, move existing docking facility southeast sufficient for addition of an ingress/egress platform. 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. Sheet flow runoff to White Oak River. I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA J. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED OCT 14 205 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalman�y�rtye_nt��et C� E e 1'rTJ Fod MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Town of Swansboro Phone No. 910-328-4428 Address 601 W. Corbett Avenue, Swansboro, NC 28584 Name H. J. and Catherine Webb Phone No. 910-3890205 Address P.O. Box 86, Swansboro, NC 28584 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Major CAMA Permit #28-12, issued to Town of Swansboro and Minor CAMA Permit #15-13 issued to Icehouse Restaurant on Randal Swanson on April 4, 2012 October 16, 2013 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), it 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. CerdBcadon 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 _10/12/2015 Print Name _Kathy B. Vinson Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culve§ ECE IVE D ❑DCM MP-3 Upland Development V �/ ®DCM MP-4 Structures Information OCT 14 2015 DCM- MHD C 9TY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net 1Z-17MIIsi JJail lEI 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 ❑PublidGovemment ❑Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ®No (III Number 1 existing dock to be relocated to allow If yes: Installation of Proposed Ingress/egress platform (ii) Number (III) Length 20' with 16' x W aanaway (iii) Length (iv) Width 5_5' (iv) Width _ (v) Floating ®Yes []No (v) Floating []Yes []No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii) Number 1 new fixed ingress/egress platform to be (ii) Number installed adjacent waterward side of building. 1 existing (III) Length floating platform to be relocated to allow installation of _ proposed inaress/earess platform. (v) warn (iii) Length Proposed: 51'. existing: 38' with 16' x 4' gangway IN) Width Proposed: 46". existing: 5.5' (v) Floating ®Yes ®No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. no new slips proposed ❑ Full service, induding travel lift and/or rail, repair or III) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips) only, number of slips: 2 existing ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel mixed types EC E I V E D ®Open water, no dredging required []Other; please describe: OCT 2 8 2015 DCM- MHD CITY k. Typical boat length: 1 g' to 30' I. (i) Will the facility be open to the g1jeral public? 252-808-2808 :: 1.888-4RCOAST :: www.necoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 5) TEO m. (i) Will the facility have tie pilings? ®Yes ❑No []Yes ®No (ii) If yes number of tie pilings? N/A 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ® Toilets for patrons; Number: 2 existing; Location: inside restaurant a C Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. Trash receptacles to be located at restaurant decks. d. How will overboard discharge of sewage from boats be controlled? None e. (i) Give the location and number of "No Sewage Discharge" signs proposed. None (i) Give the location and number of'Pumpout Available' signs proposed. None 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. None i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. What will be the marina policy on overnight and live -aboard dockage? None k. Describe design measures that promote boat basin flushing? N/A RECEIVED OCT 2 8 2015 DCM- MHD CITY 252.808-2808 :: 11-888.4RCOAST :: w .nccoastalmanagement.net revised: 12/27/06 Form. DCM MP-4 (structures, Page 3 of 5) 1�1 I. If this project is an expansion of an existing marina, what types of services are currently provided? Not a marina m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed mannaldocking 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. N/A 3. BOATHOUSE (including covered ins) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovernment ❑Private/Communtty (ii) Number (tit) Length (iv) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheefpile, etcif a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. O Number (it) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpite, 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 ❑PublidGovernment ❑Private/Community a 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.) DCM- MHD CITY 252-808-2808 :: 1.888.4RCOAST :: www.nccoastal_management.net , if revised: 12127/06 df) , Form DCM MP-4 (structures, Page 4 of 5) e. Arc of the swing _ 7. GENERAL Proximity of structure(s) to adjacent riparian property lines Dock is located 5' from the riparian corridor to the west and extends 2.5' into the riparian corridor to the east. Existing building and first floor deck are located on the riparian property line to the west and extend 2.5' into the riparian corridor to the east. Proposed 2ntl floor decks are located 3.5' from the west and < 1' from east riparian corridors.Building pilings are located T from the west and < 1' from the east riparian corridors. Existing deck/proposed vestibule and associated walkway and staircases are located < 1' from the eastern riparian corridor. The ingresslegress platform is located T from the western riparian corridor and extends 2.5' into the eastern riparian corridor. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 730' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. WA b. Proximity of structure(s) to adjacent docking facilities. Dock is located 20' from the adjacent dock (Webb) to the west and is attached to the adjacent dock (Town of Swansboro) to the east. d. Water depth at waterward end of structure at NLW or NWL +/- 12' NLW 8. OTHER ❑This section not applicable a. Give complete description: Two second -floor open decks are proposed for construction over the existig building, measuring 16.5' x 20' on the west and 23' x 30' on the east side. A landing measuring 9' x Twill be located between the two decks, connecting to a staircase measuring 3.5' x 22' and extending to an existing first -floor deck. Enclosure of a covered section of the existing first -floor deck on the east side of the building is proposed to create a vestibule measuring 46 x 14.5' decreasing to 10.3'. The section of deck proposed for the vestibule is currently adjoined on two sides by existing walls. A second -floor walk measuring 3.5' x 45' will be located over the vestibule and connected to staircases at both ends. The staircases connecting to the catwalk will measure 3.5' x 9' and 3.6 x 16. Additional deck and building pilings are proposed as shown on project plans. Installation of support beams underneath restaurant dining rooms is also included. 1=7f2015 Date 252-808-2808 :: 1-888-4RCOAST :: vvww.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 5 of 5) Icehouse Waterfront Restaurant Improvements Project Name Randy Swanson Applicant Name chi at�„�r td. 2% Apl&licant SignfAure RECEIVED OCT 2 8 2015 DCM- MHD CITY 252-808-2808:: 1-888-4RCOAST::w .nccoastalmanaaement.net revised: 12/27/06 09 COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City; NC 28557 Februaiy29, 201E Ms., Courtney Spears NC'Division,of.Coastal Management .400-Commerce Avenue Morehead.City, NC 28557 Re: Major Permit Application Moorecoastal Investments, ILLC Ieebouse Waterfront Restaurant Improvements, Dear Courtney: Office 251354A 16- Fax 252.247.5875 Please.remove the major CAMA permit application for Moorecoastal Investments, LLC from hold status and resume:processing in accordance,with.,our discussion of February 26, 2016. Please consider the previously submitted application.documents and plan:drawings in your review. On behalf of the applicant, we appreciate the assistanceyou and Doug Iiuggett have provided for this project. Please call me at 252-240-9297 if you have:questions or needadditional information. You can also reach.ine at kbvinsonna ec.rr!com Sincerely, 9. �J Kathy B. Vinson, AICP cc: Randy Swanson DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Moorecoastal Investments, LLC 2. LOCATION OF PROJECT SITE: 103 Moore St. Swansboro, Onslow County Photo Index - 2006: 36-6538 grid (P-21) Longitude:77°07'03.74" Latitude:34°41'13.14" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/14/15 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—10/14/15 Application Complete- 10/28/15 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Swansboro 11/25/09 Land Classification from LUP — Commercial (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: (yes) (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Sewer Planned — N/A (F) Type of Structures: Existing — Restaurant and dock Planned — Platform area, Upper deck over restaurant (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water (docks) N/A N/A 208Ft2 Shaded Open Water (covered deck) 308Ft2 Enclosed (B) Urban Waterfront N/A N/A 1,020 Ftz Deck (C) Urban Waterfront 250 Ftz Enclosed (D) Total Area Disturbed: 1,786ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: no 8. PROJECT SUNB4ARY: The applicant is proposing to construct an upper deck over an existing restaurant in order to create outdoor dining area. This area will be connected to the existing dock with a new platform. New pilings will be placed around restaurant to insure structural integrity. An existing covered deck would be enclosed. Field Investigation Report: Moorecoastal Investments LLC Page 02 9. Narrative Description The Moorecoastal Inv. project is located at 103 Moore St. in Swansboro, Onslow Co. The lot can be located by traveling down Hwy. 24 into Swansboro and turning South West onto Front St. The Icehouse Restaurant (Moore St.) will be 157' on the left. Bogue Sound and the mouth of the White Oak River boarders the property to the South East. This developed commercial property has a 52.22' shoreline and the waterbody is 719' wide at this point. There are no wetlands on site. The high ground portion of the property is mostly covered by the Icehouse Restaurant and Moore St. The Restaurant extends 53' into the water body. Major Permit 28-12 was jointly issued with the Town of Swansboro for a public pier and commercial dock which is located west of the proposed project. This area is an Urban Waterfront and similar properties exist on either side of the project. The Swansboro Land Use Plan classifies this property as Commercial. This section of Bogue Sound is not designated as Primary Nursery Area, is closed to the taking of shellfish and carries a water classification of SC. The substrate in this area is mostly sand and silt. No SAV's or shellfish beds were observed within docking area at the time of site visit. A federal channel exists offshore of the project area approximately 90' from the building front and 50' from existing offshore pilings. 10. Proiect Description: In order to provide an area for outdoor dining Moorecoastal Inv. LLC is proposing to construct two second -floor open uncovered decks over the existing restaurant. These decks would measure 23'X30' and 16'X20' respectively. A 7'X9' landing would connect these two decks. Access to the landing would be by a 3.5'X22' staircase. A 3.5'X45' catwalk and two staircases measuring 3.5'X9' and 3.5'X16' would be constructed to ensure compliance with fire code. The applicant is also proposing to construct a 4'X52' fixed platform landward of the existing floating platform in order to improve access by water to the restaurant. Twenty pilings would be added to the restaurant foundation to ensure structural integrity. An easement from the Town of Swansboro has been obtained for this portion of the project that would encroach into the Moore St. right of way. Riparian setback waivers have also been obtained from the Town of Swansboro and H.J. Webb. Additionally the applicant is proposing to enclose an existing first -floor covered porch in order to create a vestibule enclosure measuring 10.3'-14.5'X45'. The proposed vestibule is currently adjoined on two sides by existing walls. No additional covered space would be created by this enclosure. V__ Field Investigation Report Moorecoastal Investments LLC Page 03 11. Anticipated Impacts: The proposed decks would add 1,020 Ftz of second -story outdoor dining area to the restaurant. The decks would not exceed the original footprint of the structure. The proposed platform would be 208ft2. This amount is within the 8ft2 allocations for a 52.22' shoreline. The proposed dock does not exceed'/a width of the 719' wide waterbody, would not interfere with.navigation and does not encroach into the federal channel or setback. Water depths in the -5' to -10' range at Mean Low Water are adequate for proposed boat use. No additional slips are currently proposed. The creation of the vestibule would enclose 308 Ft2 of existing covered deck over public trust water and 250 Ftz over high ground. There would be a temporary increase in turbidity during construction. No increase in impervious coverage would occur. Name: Ryan Davenport Date: 11/2/15 Morehead City DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Moorecoastal Investments, LLC County: Onslow LOCATION OF PROJECT: 103 Moore St., in the Town of Swansboro. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/28/15 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes i I }/ I (e — oi-t hold CKit&Yi.7ltL:L`NYIs]:1Y=17SItz/:Mt11i1zWITlmTxm`.i, IS,I ar,7 .T.0.la•'[ — FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 11/4/15 PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Courtney Spears C) 75 DAY DEADLINE: 1/11/2016 MAIL OUT DATE: 1114115 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY ZlZ'q/lfc-Off rsLa�. FEE REC'D: $400.00 (100%) END OF NOTICE DATE: 11/26/15 DEED REC'D: Yes ON: 1114115 150 - DAY DEADLINE: 31zV11(P STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS. YES NO ]OI CS Coastal Management- Regional Representative /15 Coastal Management- LOP Consistency Detenoinadon I1 Division of Community Assistance xLand Quality Section o/ S'_ e47. /t )Division (i�USmtm ofWeter Quality hI Il�V��' 41-1/111 Water Management(DWQ)7 State Property Office Division ofAmhives & History Division of Environmental Health Division of Highways Wildlife Resources Commission C Local Petmi[Office /1 C I/1 nS Vl �1 YoC dyovh, (t I V s(�• Ti Division of Marine Fisheries Corps of Engineers vV 0 Environmental Quality Memorandum In PAT MCCRORY Cowmo DONALD R. VAN DER VAART Secretary TO: Courtney Spears FROM: J. Ryan Davenport SUBJECT: Comments and Recommendations - CAMAMajorPermit— MoorecoastalInvestments,LLC 12/17/15 Moorecoastal Investments, LLC is applying to construct an upper deck, new platform area, enclosed deck and structural pilings at 103 Moore St. in Swansboro. It appears that the enclosure of the existing deck over public trust waters is not consistent with 15A NCAC 07H .0209(g). All other aspects of the project appear consistent with 15A NCAC 07H .0208 & .0209. 1 recommend that this project be permitted as proposed with the exception of the enclosed deck. -5/"Nothing Compares 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination- Moorecoastal Investments, LLC, Swansboro, Onslow County Date: December 9, 2015 Consistency Determination:, This project is consistent with the; SwansbororLand Use Plan Update. ` ' . The applicant is proposing to construct an upper deck over an existing restaurant in order to create outdoor dining area. This area will be connected to the existing dock with a new platform. New Pilings will be placed around restaurant to insure structural integrity. An existing covered deck will be enclosed. The project is located at 103 Moore Street in Swansboro, Onslow County. I have reviewed this proposal for consistency with the Swansboro Land Use Plan and offer the following comments. The general area of the project is classified as Commercial. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is not a Primary Nursery area. Areas of Environmental Concern are ES, EW and PTA. Swansboro allows development in Commercial classified AECs, which is consistent with the State's minimum use standards. The Swansboro Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project appears to be consistent with the Swansboro Land Use Plan Update. Cc: FILE M PAT MCCRORY corcmor DONALD R. VAN DER VAART Secret, Coastal Management ENVIRONVENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management BRAXTON DAVIS Director SUBJECT: Major Permit Request by Moorecoastal Investments, LLC for the property at 103 Moore Street, Swansboro, Onslow County, North Carolina. The request contains three separate construction projects outlined below: 1. Two second -floor open uncovered decks (23' x 30 and 16' x 20) and a landing (7' x 9') to connect the decks over the existing restaurant. Access to the landing via a staircase (3.5' x 22'). 2. Enclosing an existing first floor covered porch to create a vestibule (10.3' — 14.5 x 45'), no additional covered space would be created by this enclosure. A catwalk over the vestibule (3.5 x 45') and two staircases (3.5 x 10' and 3.5 x 16') one from the larger second color deck and one from the catwalk to the first floor to comply with the fire code. 3. A fixed platform (4' x 52') landward of the existing floating peer to improve access to the restaurant via the water. Platform would necessitate the relocation of the existing dock 3.3' waterward. Date: November 30, 2015 Consistency Determination: The request is consistent with/not in conflict with the Town of Swansboro Land Use Plan certified by the CRC on November 25, 2009 and amended by the CRC on May 9, 2013. Overview: The subject property is a 10,055 ft2 lot with approximately 52.22' linear feet of shoreline along the White Oak River. Vegetation at the site consist of grass and landscaping plants. There are no wetlands onsite. The property is located within the VE Flood Zone. Existing site improvements consist of a restaurant and sewage. Existing shoreline improvements consists of dock. The waters at this portion of the White Oak Rivers are classified as SC. This area of the White Oak River is not designated as a Primary Nursery Area and is closed to the taking of shellfish. -!`'"Nothing Compares-- - State of North Carolina I Environoteutal Quality I Coutal Management 400 Commerce Aware I Morehead City, NC 28557 252-808-28081252-247-3330(fax) North Carolina Department of Environmental Quality MEMOP�AM" Division of Coastal Management Page 2 of 4 A review of Submerged Aquatic Vegetation (SAV) habitat and archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: the shading of 208 ft2 of Open Water (docks) and the enclosure of 308 ft2 of Open Water (covered deck); 1,020 ft2 of Urban Waterfront as a deck and the enclosure of 250 ft2 of Urban Waterfront. Basis for Determination: The Town of Swansboro Future Land Use Map (FLUM) designates the site as a "Commercial Central Business District" with a "Historic Overlay District". Additionally, the site is designated as "Urban Waterfront' whose designation is consistent with 15A NCAC 7H.0209(g). The "Commercial Central Business District' has a maximum building height of 35 ft. The requested changes will not exceed the maximum allowance; the building height will be 30 ft (16.5' building and a 3.5' banister around the decks). The following LUP policies may be applicable to this request: Public Access: P.1, page 116. "Swansboro supports designation of its commercially developed estuarine shoreline as an urban waterfront as defined by 15A NCAC 7H.0209(10)(q)". P.4, page 116. "Town supports new development and redevelopment that will promote Swansboro as a tourist and recreational destination". Commercial/Industrial: P.24, page 121. "Swansboro will support the Historic District as a valuable economic resource and continue to consider actions which will enhance the vitality of Swansboro's Central Business District and Historic District'. 1.17, page 122. - :>" Iothing Compares_. ,.., State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) eXa&lina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 4 'The Town of Swansboro will support the following objectives in the consideration of all development within the CBD, HD, and urban waterfront areas-:' Encourage increased vitality along the waterfront. Increase waterfront activities such as boating and fishing. Protect the integrity of existing neighborhoods. Attract Intracoastal Waterway users. Enhance employment opportunities by expanding commercial activity. Capitalize on existing historic resources. Pursue mixed -use development patterns which may include residential, service, office, retail, and recreation. Ensure that the implementation of development is sensitive to established community patterns. Phase development in an effort to synchronize with planned growth strategies. Complement existing patterns of historic and cultural resources. Assure that the streetscape remains compatible with the image of the existing historic town center which includes a strong sense of human scale and history. Encourage the preservation, restoration, and adaptive use of existing historic structures. Ensure that the new construction takes into account character, scale, materials, and details contained within older structures. Place a priority on clear and safe pedestrian accessibility to waterfront amenities. Support building designs which are sensitive to established streetscape and structural detailing. Conservation: P.26, page 123. "Residential, commercial, and light industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas. NOTE: Policies P.94 and P.78 which address marinas and floating homes respectively are more restrictive than 15A NCAC 7H. Policy P.1 and implementing action 1.17 address urban waterfront areas". Water Quality: P.74, page 134. "The Town of Swansboro will comply with applicable state stormwater regulations governing stormwater runoff" P.93, page 136. r="Nothing Compares. � . State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330(fax) North Carolina Department of Environmental Quality Division of Coastal Management MEM06AN&I" V y/ Page 4 of 4 , "Swansboro supports low intensity development (LID)..." Cultural. Historic, and Scenic Areas: P.95, page 138. "Swansboro will preserve and protect its historic resources." P.96, page 138. "Swansboro will protect its waterfront/shoreline areas and valuable scenic areas" P.97, page 138. "Swansboro considers cultural, historical, and scenic areas as significant to the attraction of tourism". P.98, page 139. "Swansboro supports state and federal efforts to protect historic properties within its borders and to perpetuate its cultural heritage. The Swansboro Historic District is identified on Map 16, Future Land Use (page 145)". P.100, page 139. "Swansboro supports building heights that are consistent with its historic properties. As of February 2008, building height was 35 feet as defined by the Town's Unified Development Ordinance. NOTE: The reader should confirm height with the town's current UDO". -:5 `Nothing Compares,, State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330 (fax) !:. Environmental Quality November 4, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY DONALD R. VAN DER VAART Lee Padrick Division of Community Assistance Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Moorecoastal Investments, LLC Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. s 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 rjo�,;,e DATE //-/, /,r RECEIVED -'/Nothing Compares.-.., NOV 09 2015 State of North Carolina I Environmental Quality DCM- MHD CITY 400 Commerce AvenueyMorehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal Opportunity \ Affirmative Acton Employer Environmenrai Quality November 4, 2015 MEMORANDUM: TO: FROM: SUBJECT: PAT MCCRORY Cam+' DONALD R. VAN DER VAART Secretory Dan Sams Division of Energy, Mineral & Land Resources Courtney Spears Major Permits Processing Coordinator CAMAIDREDGE & FILL Permit Application Review CCEIV� Novp92f5 Applicant: Moorecoastal Investments, LLC Project Location: Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is 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 attttached CEI, } }lts SIGNED vY DATE rJa Z, ZO p 61 01155 U ,,- Nothing Compares.,-. - MHD DCM_ CITY State of North Carolina I Environmental Qualify 400 Commerce Avenue/Morehead City. N.C. 28557 252-808.28081 252-247-3330 [fax] a� Form tkmortunitv \ Affirmative Acton Employer .- C6` PAT MCCRORY ta:• Gerenmr DONALD R. VAN DER VAART Neeleauy Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL OUALITY December 22, 2015 Diman. DWR Project 20151184 Onslow County Moorecoastal Investments, LLC Attn: Randy Swanson POBox 865 Tess, I �\\�q( �tl � Swansboro, NC 28584 Subject Property: Ice House Restaurant, Swans o `'AMA PERMIT No written Concurrence Nee e [4{ Dear Mr. Swanson: You have our approval, in accordance with the attached conditions and those listed below to construct two second floor decks over an existing restaurant and associated landing and staircases, add a fixed platform landward of the floating platform, enclose an existing covered deck and add new pilings to the restaurant foundation to ensure structural integrity, as described in your CAMA application dated November 4, 2015 and received by the Division of Water Resources (DWR) on November 6, 2015. After reviewing your application; we have.decided that the impacts are covered by General Water:ctuality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise -comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations'. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the General Permits or CAMA Permit. This approval is for the purpose and design that you described In your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying withal[ conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506.(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property'is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502}. Slate of North Carolina I Department of Environmental Quality l Division of Water Resources 127 Cardinal Drive Ent., Wilmington, NC 28do5 9197967215 Gi Moorecoastal Investments, LLC Attn: Randy Swanson DWR Project# 2015.1194 December 22, 2015 Page 2 of 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .0502). 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office If any turbidity issues arise at 910.796.7215 4. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative Impacts are accounted for and shown on the construction plans .[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] S. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 021-1.0506 (b)(2) and (c)(2)] 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to S pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 A] 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 028.0200 (3)(f)] C5 Moorecoastal Investments, LLC Attn: Randy Swanson DWR'Project # 2015-1184 December 22, 2015 Page of 4 9. This General Certification shall expire on the same day as theexpiration date of the. corresponding General Permit. The conditions in effect on the date of issuance. of the Certification for specific project`shall remain in effect for the life of the project,, egardless of the expiration of'this Certification: Continuing Compliance: 10. The applicant/permitee and their authorized agents shall conductall activities in a manner consistent with State water quality standards (including any requirementsresulting from compliance with 303(d) of the Clean Water Act), and.any other appropriate requirements' of State and Federal Jaw. If the Division determines that suchstandards'or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessaryto assure compliance,;than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 11. Certificate of Completion The applicant and/or authorized agent.shall provide a.completeid.Certificate of Completion form to the,Division within30 (thirty) days of project completion. Mail to: NC Department of Environmental Quality (DEQ) DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification'of completion is avajlable;at: http•//portal ncdenr org/web/wo/swp/ws/401/certsandoermiis/aooly/forms). [15A NCAC?02H .0506(b)(5)) 12. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials,, to enter the property during normal business hours (15A NCAC.02H •0502 (e)). Violations of any condition herein set forth may. result In revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit, If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters..impacts) you must file a petition for an administrative. hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the. office of Administrative. Hearings. within thirty (30) days of receipt of this notice. A petition is considered filed when itis.received in'the -office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts•filings Monday through Friday between the hours of 8:00am and 5:00 pm, except for official state holidays. The originaland one (1) copy of the petition must he filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document: is received by the office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Moorecoastal Investments, LLC Attn: Randy Swanson DWR Project k; 2015.1184 December22, 2015 Page 4 of 4, Office of Administrative Hearings 6714 Mail Service.Center Raleigh; NC 27699-6714 Telephone: -(919) 733-26% Facsimile: (919)-733-3478 A copy of the petition must also be served on DEQ as follows: Sam M. Hayes, General Counsel NC Department; of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition Is filed, this certification and Its conditions are final and binding This letter completes: the review of the Division of Water Resources: under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette''in the Central Office in Raleigh at919.807.6364 or by e-mail Jennifer.BurdettefaDncdenr.aov. or myself in the DWR Wilmington Regional Office at 910.796.7306,or bye-mail JoanneiSteenhuisCla ncdenrsov, rS for Environmental Specialist ilmington' Regional Office; Division of Water Resources, NCDENR Enclosure: GC 3883 cc: Kathy Vinson —;Coastal Planning Services, Inc. — electronic copy Liz Hair- USACE Wilmington; Regulatory Fieid Office —electronic copy Jennifer Burdette OWR 401 Wetlands and.Buffers Unit Courtney Spears- DCM Morehead City —electronic copy Ryan Davenport- DCM Morehead City —electronic copy. WiRO Environmental Quality November 4, 2015 MEMORANDUM: o 5`�1t/Irl PAT MCCRORY ' 1r, 0'1,...... DONALD R. VAN DER VAART ECEIVE NOV 0 9 2015 BY: --- TO: Joanne Steenhuis Division of Water Resources FROM: ° Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Moorecoastal Investments, LLC Project Location: Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. &Xe,4� pt 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 12 - l -1 S o c � � � V E D Nat mg Compares -_t State of North Carolina I Environmental Quality DEC 17 2015 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal Opportunity \ Affirmative Action Employer D C M - M H D CITY Environmental Quality November 4, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Tim Walton State Property Office Courtney Spears Major Permits Processing Coordinator r PAT MCCRORY cowe DONALD R. VAN DER VAART Secretory REG�\vcso Gov � 9 Jos U0F ERS1' gT PT OF E RECEIVED NOV 3 0 2015 CAMA/DREDGE & FILL Permit Application Review DC M- M H D CITY Moorecoastal Investments, LLC Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: �S\006�QoK0 '\ vv\-\bQ 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 ATE \ \ 5 !`'"Nat Not Compares State of North Caro I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal opportunity \ Affirmative Action Employer • ts•sc�t t�UcSftP,v ' NovenYhcF�4015 MENIORAI\D UM: TO: FROM: SURim'. I Applicant: I Project Location: Proposed Project: 1' ':o 0 67(lfa I PAT MCCRbRY u-' _.'DO At,D R. VAN DER VAART E Renee Gledhill -)early NC Departnwent of Cultural Resources Courtney Spears Major Permits Processing Coordinator CAMA/DRL-'DGE cC PILL Pen -nit Application Review ���� ttilTlty Moorecoastal Investments, LLC 0nsloW County, at 103 Moore Strect, in the Town of Swainsboro. Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing lack will be enclosed. with a new plafform. New pilings will be placed and an existing existing (loch: Please indicate below31our agency's position or vieM)Oint on the proposed project and return this fonu by Novcnttier 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Pemtit officer at (252) 808_2808, Ext. 210, When appropriatepcomments with Supporting data is requested, , in-deth REPLY; _ This agency has no objection to the project as proposed, i tX This agency has no comment on the proposed project. This agency approves of the ro'ect ont i incorporated, See attached. F J y if the recommended charg es are I ' This agency objects to the project for reasons described in the attached comments. SIGNED llAIIE f5 t :nr JCorrY)ae»_, State of North Carolina I Environmental alr2tity 400 Commerce Avenue/Morehead City, N.C.2tt557 252-808-2808fax. 1.252.247+=o r 1 Anl.qua! OpportbNtyl Af rmawe AdWn Emp*er Environmental Quality November 4, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Gomr DONALD R. VAN DER VAART Secmrary Local Permit Officer Town of Swansboro Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Moorecoastal Investments, LLC Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected town existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: _I 'ems agency has no objection to the project as proposed.)(` This agency has no comment on the proposed. project. S1r�s /eat? D C�iirtis�ioz� This agency approves of the project only if the recommended changes are incorporated. See attached. This agency obje to the project for reasons described in the attached comments. SIGNED DATE `J — RECEIVED -^� Noth]ng Compares..-,�. State of North Carolina I Environmental Quality NOV 12 2015 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 252-247-3330 [fax] D C M _ �i CITY An Equal Opportunity \ Affirmative Action Employer 9)" Environmental Quality November 4, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: �u NOV -52015 J Shellfish Sanitation & Recreational �ality Section Patti Fowler Shellfish Sanitation Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Moorecoastal Investments, LLC PAT MCCRORY G� DONALD R. VAN DER VAART secemry Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. VThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. �D �' / FOR . SIGNED z4L wk— PI' s- rov.;L6kDATE ItbaZ/d RECEIVED ''^Nothing Compare State of North Carolina ] Environmental Quality N O V 16 2015 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1252 330 [fax] D C M- M H D CITY An Equal Opportunity \Affirmalive Affirmative Action Employer Dec. 2. 2015 11:56AM NC Dept of Transportation Environmental Quality November 4, 2015 MEMORANDUM: ^'cxPlr? 1 NOV 2 91015 TO: Ken Pace NC DOT, State Construction/Materials Branch FROM: .,.-'Courtney Spears Major Permits Processing Coordinator No. 6116 P. 1 VP ithpA r I o til Noru 616m Ron DF.T II-2t- IS SUBJECT: CAMA/DREDGE do FILL Permit Application Review Applicant: Moorecoastal Investments, LLC PAT MCCRORY Caogor DONALD R. VAN DER VAART snoetary Project Location: Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, ,in-depth comments with supporting data is requested. REPLY: rs 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 I \V"1I �' .�.�_.�._DATE. __� ° 170 I «� Slate of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead Cily. N.C. 20557 Environmental Quality 4.15. Wo5.02 November 4, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Govcr DONALD R. VAN DER VAART seC Lary 4 NOV 2015 RECEIVED Maria Dunn NC Wildlife Resources Commission Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Moorecoastal Investments, LLC Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓/ This agency has no comment on the proposed project. SIGNED AVI.;. 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 att9fttdC1MVED State of North Carolina I Environmental Quality �-5-UI "^V 2 3 Z015 400 Commerce Avenue/Morehead City. N.C. 28557 252.808.2808 252-247.3330 [fax] An Equal Opportunity \ AffirmatNe Acton Employer DCM- MHD CITY D � l . cu Environmental Quality November 4, 2015 MEMORANDUM: TO: Sh` "Yes Gregg Bodnar Division of Coastal anagement FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Moorecoastal Investments, LLC V5 PAT MCCRORY cowmor DONALD R. VAN DER VAART socretary Project Location: Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November; 24,,20,1`5:;,�4f you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. N04 17 71115 This agency has no comment on the proposed project. DCM-Fisheries Ii City 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/3�Sy ✓~No hirig Corripares ,,. State of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 1 252-247-3330 [fax] An Equal Opportunity \ Aftirmative Action Employer IC Environmental Quality November 4, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Diane Williams Public Water Supply Courtney Spears Major Permits Processing Coordinator PAT MCCRORY C,""w DONALD R. VAN DER VAART JCc111WY @@@0P§@ NOV 0 9 2015 Dvisi nofwaterR roes ►'oblk W&��up* CAMA/DREDGE & FILL Permit Application Review Moorecoastal Investments, LLC Onslow County, at 103 Moore Street, in the Town of Swansboro. Proposed Project: Proposes to construct an upper deck over an existing restaurant in order to create an outdoor dining area. The area will be connected to an existing dock with a new platform. New pilings will be placed and an existing covered deck will be enclosed. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. ItErEIVED REPLY: — This agency has no objection to the project as proposed. DEC 17 2015 This agency has no comment on the proposed project. DCM- MHD CITY This agency approves of the project only if the recommended changes are incorporated. See attached. This ency objects to the project for reasons described in the attached comments. SIGNED DATE -' "Nothing Compares — State of North Carolina I Environmental Quality 400 Commerce Avenue/Morehead City. N.C. 28557 252-808-2808 252-247-3330 [tax] An Equal Opportunity \ Alfinnative Action Employer i P December 29, 2015 Regulatory Division Action ID No. SAW-2015-02612, General Permit No. 197800056 Mr. Randy Swanson Moore Investments, LLC Post Office Box 865 Swansboro, North Carolina 28584 Dear Mr. Swanson: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify the existing docking structure associated with the Icehouse Restaurant, on the White Oak River, located at 103 Moore Street, in Swansboro, Onslow County, North Carolina. Coordinates are: 34.686974 N,-77.117844 W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, and the enclosed general conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. -2- If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone:(910) 251-4049 FILENAME: SAW-2015-02612-Icehouse-Swansboro-GP56.doc.l2a.doc Sincerely, CESAW-RG-L/HAIR/cwf/s, CESAW-RG-LBETER MAIL CESAW-RG/FILE Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosure: Plans GP 56 conditions Manatee Guidelines Ms. Kathy Vinson Coastal Planning Services, Inc. Post Office Box 827 Morehead City, North Carolina 28557 Copies Furnished (without enclosure): Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins NC Division of Water Resources 401 Buffer & Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1650 Electronic Copy furnished: Ms. Joanne Steenhuis, DWR Ms. Courtney Spears, DCM Mr. Ryan Davenport, DCM i 0 � a 9 a ,n 3 O O �gm� d cn gg ,I U jog TIE n 33 e _IwE- is ®S� mn — ammwx p d p a I wro m� v y`',y 133iJ1S 1NOil� 9 Q G £ raaewn Crystal Coast Engineering, P,A, N MooreCoastal Investments, LLC CWII enE EnNmmm�nl C°nsuhln EP Ih a P ••n Icy 5 Front St. &Moore St. I St. I lobo P.rmhwemr pE �o.pex.x.ws°m,PE P„ mh,x ,xn I �I I g p N 'v Swansboro, NC 28584F1 I� I� I I I I I 3.5' 1 \ilk 'avoomI IIIIII vaam I — �_ ;mad �l maven oovv mvvo l ®am: vmom ' evem _ vovovoo •• IIIIII ee®1 �. 1 I Ili 9 $ Y 44 F vmpovaEw.mm Crystal Coast Engineering, P.A. MooreCoastal Investments LLC CIA and Enlo,R.me'Cmda'.PE noon•.. 5 Front St. &Moore St. OMVd m •.."e pn10 K. N—nn GF ills, e c n r w x Swansboro, NC 28584 wemre•mos-.uo�m+r.+m+o All - 69 Spears, Courtney From: Spears, Courtney Sent: Monday, December 28, 2015 8:48 AM To: 'Hair, Sarah E SAW' Subject: RE: Moorecoastal Investments CAMA Major permit Hello, This project has been reviewed by the State Department of Cultural Resource Protection and they indicated that they had no comment on the project as proposed. In addition, the project is being reviewed at the local level by the historic preservation commission. I do not have an electronic copy of the plans, but I have contacted Mrs. Kathy Vinson, the agent for this project, to see if I can get them. Thanks and please let me know if there is anything else I can do, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28.557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hair, Sarah E SAW[mailto:Sarah.E.Hair@usace.army.mil] Sent: Wednesday, December 23, 2015 10:38 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: Moorecoastal Investments CAMA Major permit Courtney, I'm working on finalizing the Corps authorization for this project and have noticed that the Icehouse Restaurant is a surveyed historic site and that it is located within the Swansboro historic district. Has this project been coordinated with the NC SHPO? If so, did they have any specific requirements or conditions regarding modifying the structure? Lanks, you have an electronic copy of the plans? Just in case I need to send SHPO a copy, I wanted to be able to do so 1 Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Thursday, December 17, 2015 9:31 AM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.miI> Subject: [EXTERNAL] RE: Moorecoastal Investments CAMA Major permit That's quite alright! I understand this is a busy time of year, but wanted to get this one out before the holidays if possible. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ----Original Message ---- From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, December 17, 2015 9:28 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: Moorecoastal Investments CAMA Major permit Courtney, Joanne just emailed me about this one yesterday. It was buried under a stack -my apologies. We are going to process this project as a GP 56. Thanks, Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Thursday, December 17, 2015 9:25 AM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Subject: [EXTERNAL] Moorecoastal Investments CAMA Major permit I Hi Liz, Have you had the chance to review Moorecoastal Investments' CAMA Major permit application for improvements to Icehouse Restaurant in downtown Swansboro? Thanks, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office courtney.spears@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 - . ***This is a word processing form to be completed in Microsoft Word*** NCB Division of Coastal Management Major Permit Application Computer Sheet Applicant: Moorecoastal Investments 1113115 Project Site County: Onslow Staff., JRD District: ❑Elizabeth City El Washington ®Morehead City El Wilmington Project Name: Icehouse Restaurant Rover File: N/A Date ofinitial application submittat (EX,.1/8/2007) 10114115 Date application "received as complete" in the Field once (EX: 1/8/2007): 10128115 Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes M No❑ Setback Required (riparian): ®Yes ❑ No Critical Habitat: El Yes ®No [-]NotSure 15 foot waiver obtained: ®Yes El No Hazard Notification Returned: ❑Yes ®No SAV.•❑Yes ❑No ❑Notsure Shell Bottom: ®Yes []No El Not Temporary Impacts. ®Yes ❑No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:❑Yes ®No ❑Yes ®No Moratorium Conditions: ❑Yes [-]No Environmental Assessment Done: El NA El Yes ®No ❑NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ Ill(A) Private w/D&F up to 1 acre; ❑ III(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ® II. Public or commerciaUno dredge $100 and/or fill - $400 252-808.2808 :: 1.888-4RCOAST :: wvmt.nccoastalmanagement.net revised: 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4) ❑ L Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre, 3490 can be applied,• DCM needs DWQ agreement - $400 revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: Moorecoastal Date: 1113115 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Deck I New Work® Replace 23' 30' Maint❑ ❑YMN Deck I New Work® Replace 16' 20' Maint [I ❑Y®N Deck I New Work 7' 91 Stairs I New work 3.5' 22' Catwalk 1 New Work 3.5' 45' Stairs 2 New Work 3.5' 9' 3.5' 16' Platform 1 New Work 4' 52' Enclosure 1 New Work 10.3'-14.5' 45' New Work❑ Replace Maint❑ ❑Y❑N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑Y❑N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑Y❑N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint El ❑Y❑N New Work❑ Replace Maint❑ ❑Y❑N revised 02/15/10 N6 Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Appllbant Moorecoastal Date: 1113115 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp, impacts) FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration and/or temp impact amoun) TOTAL Feet (Applied for. Disturbance total includes anyanticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 516sq It 516sq It Urban Waterfront Dredge ❑ Fill ❑ Both ❑ Other ® 1270sq it 1270sq It Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 :: 1.888-41RCOAST :: w .nccoastalmanagement.net revised: 02115110 M Environmental Quality Moorecoastal Investments, LLC C/o Kathy Vinson PO Box 827 Morehead City, NC 28557 Dear Ms. Vinson: PAT MCCRORY Gavanor DONALD R. VAN DER VAART S—W-r 6/24/15 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at 103 Moore St. in Swansboro. The complete package was received on 10/28/15. The projected deadline for making a decision is 1/10/16. 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 10/28/15, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si erpl yAy avenport- - - oastal Management Representative Enclosure cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator Randy Swanson, Icehouse Restaurant %% Nothing Compares? . 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastaimanagement.net NOTI(40'*174A CAMA PER I;7 PROJECT: 11 FO IT COMMENTS EP THROUGH LOCALAPPLICANT: FOR MORE DETAILS CONTACT THE AA 0 0. , 8 COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 October 12, 2015 Mr. and Mrs. H.J. Webb P.O. Box 86 Swansboro, NC 28584 Re: Major CAMA Permit Application Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Dear Mr. and Mrs. Webb: Randy Swanson and Moorecoastal Investments, LLC have retained Coastal Planning Services, Inc. to provide CAMA (Coastal Area Management Act) permitting assistance for improvements to the Icehouse Waterfront Restaurant. The proposed work includes installation of additional building and deck pilings, installation of additional support structures, construction of two second -story open decks with landing and staircase, and enclosure of an existing roofed deck to create a vestibule. Also included is conduction of staircases and walkway over the vestibule, construction of an ingress/egress platform, and movement of existing dock southeast sufficient for addition of the platform. A Major CAMA permit will be required to construct the improvements. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are notifying you of the proposed plans. Enclosed with this letter are copies of the and plats. If You have objections or comments this notice. You may reach DCM at the following address and phone Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information. Sincerely, 41% Kathy B. Vinson, AICP Enclosures RECEIVED OCT 14 2015 DCM- MHE: CITY r IM A EWr COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 October12,2015 Mr. Scott Chase, Manager Town of Swansboro 601 W. Corbett Avenue Swansboro, NC 28584 Re: Major CAMA Permit Application Moorecoastal Investments, LLC Dear Mr. Chase: Randy Swanson and Moorecoastal Investments, LLC have retained Coastal Planning Services, Inc. to provide CAMA (Coastal Area Management Act) permitting assistance for improvements to the Icehouse Waterfront Restaurant. The proposed work includes installation of additional building and deck pilings, installation of additional support structures beneath the building, construction of two second -story open decks with landing and staircase, and enclosure of an existing roofed deck to create a vestibule. Also included is construction of staircases and walkway over the vestibule, construction of an ingress/egress platform, and movement of existing dock southeast sufficient for addition of the platform. A Major CAMA permit will be required to construct the improvements. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are notifying you of the proposed plans. Enclosed with this letter are copies of the permit application and plats. e. You may reach DCM at the following address and phone number: Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information. Sincerely, � o.d Kathy B. Vinson, AICP Enclosures RECER'ED OCT 14 20'5 DCM- MHD C11 Y Environmental Quality Jacksonville Daily News Re: Public Notice — Moorecoastal Development, LLC Dear Sir: Please publish the attached Notice in the 11/6/15 issue of the Jacksonville Daily News. a PAT MCCRORY Covemor DONALD R. VAN DER VAART Secretary 6/24/15 The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808- 2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator Nothing Compares% . - 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastaimanagement.net 5 PAT MCCRORY Covemor DONALD R. VAN DER VAART Se rory Environmental Quality NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 10/28/15. According to the application, Moorecoastal Development, LLC applied to construct two upper decks, a docking platform and structural pilings at 103 Moore St. in Swansboro, Onslow County. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 11/26/15, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 11/6/15 Nothing Cornpares�. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastaImanagement.net Division of Coastal Management North Carolina Department of Environmental Quality Pat McCrory, Governor Braxton Davis, Director Donald R. van der Vaart, Secretary FAX COVER DATE: 1 1 I `FI f TO: OFFICE: FAX#: eqIb -11 3g- o��07ci' TELEPHONE #: TOTAL PAGES INCLUDING COVER SHEET: 3 FROM: Morehead City Office 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-2808 FAX: 252-247-3330 www.nccoastalmanagement.net A-11- 1— -65 50 . TAFax C(NP.r DCM TRANSMISSION JOURNAL T160SYOW2121 F670-A07 TIME :11-04-201508:55 FAX NO.1 NAME NO. FILE NO. DATETIME DURATION PGS TO DEPT MODE STATUS 049 003 06.2213:03 00:23 1 8919103927455 EC 502 OK 050 005 06.2313:47 00:30 2 a92490857 EC 602 OK 051 008 06.2512:56 01:18 3 9917044236210 G3 500 OK 052 009 06.25 12:58 01:18 3 8917044236210 G3 500 OK 053 064 08.18 14:47 00:27 1 c 97264419 EC 502 OK 054 079 08.2816:11 01:41 2 0919109045588 G3 201 OK 055 081 09.0115:42 00:30 3 s919198564477 EC 603 OK 056 089 09.09 13:50 00:00 0 B 919102722 0050 057 091 09.0913:58 00:19 2 s'919109382722 EC 603 OK 058 108 09.29 16:14 00:00 0 a l 5032332677 0050 059 109 09.29 16:16 00:00 0 815032332677 0050 060 110 09.30 10:02 00:00 0 015032332677 0050 061 111 09.3010:52 01:10 3 0915032332677 EC 503 OK 062 138 11.04 08:53 00:30 3 n 919109382722 EC 603 OK 46', 12 Randal Swanson Moorecoastal Investments, LLC P.O. Box 865 Swansboro, North Carolina 28584 February 7, 2015 " o Whom It May Concern: I I authorize Kathy Vinson, AICP to represent Moorecoastal Investments, LLC and apply for CAMA and other development permits associated with property located at 103 Front Street, Swansboro, North Carolina. This authorization extends to all permits and authorizations required by local, state, and federal agencies that may be required as part of the permitting process. authorize release of information related to the project site to Ms. Vinson, including ary surveys, topographic maps, and results of wetland delineation and soil ability tests. you have questions or need additional information, please feel free to contact me at 0-467-1781. Swanson RECEIVED OCT 14 2015 DCM- MHD CITY rig ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to/Yloareeaasda/ .Znl/rsir-men-1-si LCC s (Name of Property Owner) property located at! (Address, Lot Block, Road, etc.) on Wkl, ie in c5=uL)orn s bdrr) , N.C. (Waterbody) (Ctty/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above Lovalion. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must till in description below or attach a site drawing) ,e/e.a.re see- fi�rahrd Q r arv:�� da7`ecZ re vi ssed 91)a1Q1J/s. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Name Mailing Address �w4nsbore, /UT Is City/StatwZip o - 546 7- 17 'S / icehoasauk,lrr y ccaWW;(•aaW\ Telephone Number/email addre 9 -17 5 Dare "Valid for one calendar year after signature' Print or TvDe Name lo-3R9-046S Telephone Number/email address ot-(Ij_t5 "aAECEIVED (Revised Aug. 2014) OCT 14 2015 DCM- MHD CITY I ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Nee re eoas6d -J'-Ayes-�m enf sl 6 L C 's (Name of Property Owner) property located at /O 3 Fra7 f Sf�ae7< (Address, Lot, Block, Road, etc.) onWhffl Urak ,R111/er ,in SujAvtCbard N.C. (Waterbody) (Cityrrown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) se see 4�74,Qc,1 ec' olrauiln j da,4ei� (ev,'Jzd fifty Jao/s, WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Information) Pnnt orT}�'�e Name ' 1? J, (�O.J� 8/Ps Mailing Address Sw,n.5hoe v. Ald- a 2S-9Y City/State2ip 9 ) b _ Sze 7' - / 7 8/ Telephone Number/email address �-ram-cs Date 'Valid for one calendar year after signature' (Adjacent Pro erty Owner I ation) Si ature :54&7 7f C17-?Je Print or� /T�ype Name T 54,n D-Tw*V3bdrD 661 LJ. dorJ, i AVPntoe. "ssa� TeleBhone Numb /email address 16 Date* RECEIVED (Revised Aug. 2014) OCT 14 2015 DCM- MHD CITY IIIIIN0INN11III 1111111111 Doc ID: 012231010006 Type: CRP Recorded: 07/06/2015 at 11:34:19 Aft Fee Amt: $26.00 Pape 1 of 6 Revenue Tax: $0.00 0nslow County NC Rebecca L. Pollard Rep. of Deeds fw4326 PG877-882 EASEMENT OVER RIPARIAN CORRIDOR IN THE WHITE OAK RIVER AT THE SOUTHERN BOUNDARY OF MOORE STREET AND INGRESS, EGRESS EASEMENT OVER THE EXISTING TOWN DOCK NO EXCISE TAX APPLICABLE RECEIVED OCT 14 2015 DCM- MHD CITY M Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Improvements Onslow County Project Narrative Introduction Moorecoastal Investments, LLC is the owner of the Icehouse Waterfront Restaurant located adjacent the White Oak River at 103 Moore Street in the historic downtown area of Swansboro. The building is believed to have been constructed during the 1930's and 1940's and is located in an area designated by the Town of Swansboro as an urban waterfront area. Typical of construction during this period, a portion of the building extends waterward of Normal High Water (NHW). A The owner is requesting a major CAMA permit to add building pilings and install other building supports, construct two second -story open decks with landing and staircases, and install an ingress/egress platform along the front f the building'The project also includes enclosure of a section of an existing roofed deck to crew a +tibule or waiting area for customers and a walkway over the vestibule connected to t, a proposed;`econd-floor decks. The existing dock will be moved slightly waterward to accorr}tnodate the1//ingress/egress platform. U Site Description The project site is located at the corner of Moore and Front Streets in downtown Swansboro. The site is comprised of 10,055 square feet and contains a single -story wood framed restaurant building and a two -slip docking facility. Moore Street, a town -owned right-of-way, is located to the east of the project and is the site of a public dock. H.J. "Joe' Webb is the owner of the parcel to the west, which contains a commercial restaurant building with an upstairs apartment and a dock. The existing Icehouse dock was recently installed under authorization of major CAMA permit 28-12. The permit was issued jointly to the Town of Swansboro and Randal Swanson on April 4, 2012 for construction of the Icehouse Dock and the Town Dock located in the Moore Street riparian corridor. The Icehouse dock consists of two floating sections. The one perpendicular to the shore measures 5.5' x 20' and is connected to a 6' x 7' fixed platform by a 4' x 16' gangway. The second floating dock section measuring 5.5' x 38' with gangway is also connected to the fixed Moorecoastal Investments, LLC Major CAMA Permit Application October 12, 2015 RECEIVED OCT 14 2015 Page 1 DCM- MHU CIT`, platform and is positioned parallel to the shoreline. The Town Dock connects to the Icehouse dock at the fixed platform. The Town Dock is also accessible from the existing first level covered deck near the main entrance to the restaurant. The White Oak River is 1050' wide at the project site. The Swansboro Turning Basin, a federally maintained channel, is located offshore of the project site. The shoreline along NHW for the Icehouse site measures 51 linear feet. The approximate high ground elevation of the tract is + 3 feet in the vicinity of the proposed work. Vegetation on the site consists of grass and landscape plants. Water depths at the existing boat slip locations measure +/- 12' NLW. As previously stated the project site is located irythe histclric downtown area and is included in an urban waterfront area, as designated by the Town of Swansboro. A portion of the existing building and deck extends beyond NHW, as shown\\n project'plans. The local zoning classification is B-2 Historic Dis rict Overlay. The site is subject to the CAMA Urban Waterfront Rules as applied to e�tuarine shorelines, as well as the Town of Swansboro ations. Historic District RegulThe project must be reviewed and approved by the Swansboro Historic Preservation Commission prior to construction. The existing building and dock and proposed improvements do not meet the 15' riparian corridor setback on either side of the property. Both of the adjacent riparian neighbors (H.J. Webb and the Town of Swansboro) have provided waivers to the owner of the Icehouse Waterfront Restaurant for the proposed project. The waivers were provided in September 2015 and are included with this permit application. The existing building, the Icehouse dock fixed platform that connects to the Town Dock, and proposed improvements to the east side of the building are partially located within the Moore Street riparian corridor. In May 2015 the Town of Swansboro granted an easement over its riparian corridor in the White Oak River at the southern boundary of Moore Street to the northern edge of the federal channel setback to the Swansboro Turning Basin to Moorecoastal Investments, LLC. The easement also provides Moorecoastal Investments, LLC ingress/egress over the existing Town Dock. A copy of the recorded (Onslow County Registry) easement is also included with the permit application. The Icehouse Waterfront Restaurant is provided with central water and sewer service by the Onslow County Water and Sewer Authority (ONWASA). Moorecoastal Investments, LLC Major CAMA Permit Application October 12, 2015 RECEIVED OCT 14 2015 Page 2 DCM- MHD C1TY I Project Description The project consists of the addition of building pilings, installation of building supports, and construction of two second -story open decks with landing and staircase. An ingress/egress platform will be installed along the waterward front of the building. The project also includes completion of an existing, partially enclosed section of roofed deck to create a vestibule or waiting area for customers. A second floor walkway is proposed over the vestibule, which will connect via an exterior stairway the first floor entry deQk to the larger proposed second level open deck. The existing dock will be moved slightly waterward to accommodate the ingress/egress platform. A 16.5' x 20' open second -floor deck is proposed for the west side of the building, with a 23' x 30' open deck proposed for the east side. The decks will rbetsurrounded by 3.5' picket guard railings and will be used to serve food and drinkso iestour4nt patrons. A landing measuring 9' x 7' will be located between the two d'qcks, ccnne tingtoa'3.5' x 22' staircase leading to the existing first floor deck. (Minor CAMA permit #15- 3 was previously issued for construction of a 16' x 24' rooftop deck and stairwell. No work authorized by the minor permit has been undertaken.) The owner would like to create a vestibule or foyer by completing a partially enclosed section of the existing first -floor roofed deck on the east side of the building. This section of deck is enclosed on two sides by existing walls, and is currently used for dining as well as a walkway to the main entrance to the restaurant. It serves as an overflow area for patrons waiting for tables, but is not usable during inclement weather. The vestibule component of the project is acutely needed, as there is currently limited space inside the front entrance for waiting patrons. Creating the fully enclosed vestibule will not increase the existing footprint of the building. When complete, the vestibule will measure 45' in length and 10.3' to 14.5' in width. New walls will be constructed along the east and north sides of the deck and solid flooring installed. The owner proposes to install windows sufficient to take advantage of the coastal breeze during good weather. A second -floor walkway measuring 45' x 3.5' is proposed for location over the vestibule. The walkway will be accessed from the larger proposed second -floor deck by a stairway measuring 3.5' x 10'. A staircase on the northern end of the walkway will measure 3.5' x 16' and will connect the walkway to the existing first floor deck. Moorecoastal Investments, LLC Major CAMA Permit Application RECEIVED October 12, 2015 Page 3 OCT 14 2015 DCM- MHD CITY vim A fixed ingress/egress platform measuring 46" x 51' will be added in front of the existing first - floor deck along the shoreline. The platform will be structurally independent of the building, as shown on project plans. Installation of the ingress/egress platform will necessitate relocating the existing dock 3.3' waterward. The project also includes the addition of building and deck dings, as shown on project plans. Pilings will be embedded a minimum of 12' into the river bottom. Project engineers also propose to reinforce and support the b ilding by installing 8" x 8" timber posts (see project plans) bearing on new beams to be install e underneath both existing dining rooms. The timber posts will be encased and will extend upvra to support a new roof and the proposed second -floor decks. None of the proposed project project built -upon -area (BUA). The existing and proposed positions of the west and extend 2.5' into the riparian corgi, II incr ase he existing footprint of the building or k are located 5' from the riparian corridor to the to the east. The existing building and first floor deck are located on the riparian corridor line to the west and extend 2.5' into the riparian corridor to the east. The proposed second -floor decks are located 3.5' from the west and < 1' from the east riparian corridors, with building pilings located 3' from the west and < 1' from the east. The existing deck/vestibule and associated walkway and staircases are located < 1' from the eastern riparian corridor. The proposed ingress/egress platform is located 3' from the west and 2.5' into the east riparian corridors. The Icehouse dock is located 20' from the adjacent dock to the west (Webb). As previously noted, it is attached to the adjacent dock to the east (Town of Swansboro). All project components comply with the US Army Corps of Engineers setbacks to the federally maintained channel located offshore of the site. Construction Methods One barge with pile driving equipment stored in deep water will be used for relocation of the dock, construction of the ingress/egress platform, and installation of new pilings and other building support components. Conventional construction methodology will be employed for improvements to the restaurant building. Hand tools and carpentry equipment for construction of the decks, landing, staircases, and vestibule will be stored on highground or in the building. Moorecoastal Investments, LLC Major CAMA Permit Application October 12, 2015 RECEIVED OCT 14 2015 Page 4 DCM- MHD CITY I 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. Ill Is the docking facility/marina: ®Commercial ❑PubliciGovemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 existing to be relocated to allow installation of Proposed ingress/egress platform (iii) Length 20' with 16' x 4' gangwav (iv) Width 5_5' (v) Floating ®Yes []No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 existing to be relocated to allow i talla on (iii) Length 38' with 16' x 4' gangway (iv) Width 5_5' (v) Floating ®Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed no new slips proposed (ii) Number of slips existing 2 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: 19' to 30' ❑This section not applicable b. (i) Will the facility be open to the general public? ®Ye []Nod. (i) Are Finer Piers included? []Yes ®No If yes: (ii) Number (iiiH&h gth (iv Of(v)ting []Yes ❑No i (i) re Boatlifts included? ❑Yes ®No If yes: (ii) Number _ (iii) Length (iv) Width In. 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: 2 existing ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types I. (i) Will the facility be open to the general public? RECEIVED OCT 14 2015 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 MP-4 (Structures, Page 2 of 5) IS m. (1) Will the facility have tie pilings? ®Yes ❑No ❑Yes ®No (ii) If yes number of tie pilings? N/A 2. DOCKING FACILITY/ MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets �\ ®L Toilets for patrons; Number: 2 existing; Location: inside restaurant Showers �� t ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. Trash receptacles to be located at restaurant decks. \ d. How will overboard discharge of sewage from boats be controlled? None e. (i) Give the location and number of "No Sewage Discharge" signs proposed. None (i) Give the location and number of'Pumpout Available' signs proposed. None f. Describe the special design, it applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. None 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. What will be the marina policy on overnight and live -aboard dockage? None k. Describe design measures that promote boat basin flushing? �V N/A ^11 . . .� DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Forrn 6L111 MP-4 (Structures, Page 3 of 5) N I. If this project is an expansion of an existing marina, what types of services are currently provided? Not a marina m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/manah (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 ❑SS OWL ®None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to th lease. N/A 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): [-]Commercial ❑Public/Government ❑Private/Comm illy (ii) Number \ Qv) Length \ (iv) Width \\ Note: Roofed areas are calculated from dnpline dlmensio�il�. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use ll 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 NFMI, 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/Government ❑Prtvate/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, ff present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DCM- MHD CITY 252.808-2808 :: t-888-4RCOAST:: www.neeoastaimananement.net revised: 12127106 F4►t11 MP-4 (Structures, Page 4 of 5) e. Arc of the swing _ 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Dock is located 5' from the riparian corridor to the west and extends 2.5' into the riparian corridor to the east. Existing building and first floor deck are located on the riparian property line to the west and extend 2.5' into the riparian corridor to the east. Proposed 2nd floor decks are located 3.5' from the west and < 1' from east riparian corridors. Building pilings are located T from the west and < 1' from the east riparian corridors. Existing deck/proposed vestibule and associated walkway and staircases are located < 1' from the eastern riparian corridor. The ingress/egress platform is located 3' from the western riparian corridor and extends 2.5' into the eastern riparian corridor. Note: For buoy or mooring piling, use arc of swing including %ngth of vessel k c. Width of water body 1050' e. (i) Will navigational aids be required as a result of the projl t DYes ®No [INA (ii) If yes, explain what type and how they will be implemented. N/A b. Proximity of structure(s) to adjacent docking facilities. Dock is located 20' from the adjacent dock (Webb) to the west and is attached to the adjacent dock (Town of Swainsboro) to the east. end of structure at NLW or NWL & OTHER ❑This section not applicable a. Give complete description: Two second -floor open decks are proposed for construction over the existig building, measuring 16.5' x 29 on the west and 23' x 30' on the east side. A landing measuring 9' x Twill be located between the two decks, connecting to a staircase measuring 3.5' x 22' and extending to an existing first -floor deck. Enclosure of a covered section of the existing first -floor deck on the east side of the building is proposed to create a vestibule measuring 46 x 14.5' decreasing to 10.3'. The section of deck proposed for the vestibule is currently adjoined on two sides by existing walls. A second -floor walk measuring 3.5' x 45' will be located over the vestibule and connected to staircases at both ends. The staircases connecting to the catwalk will measure 3.5' x 9' and 3.5' x 16'. A fixed ingress/egress platform measuring 46" x 51' will be added to the front of the existing first -floor deck. Installation of the ingress/egress platform will necesitate relocating the existing dock 3.3' waterward. Additional deck and building pilings are proposed as shown on project plans. Installation of support beams underneath restaurant dining rooms is also included. DCM- MHD 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 10/12/2015 Date Icehouse Waterfront Restaurant Improvements Project Name Randy Swanson Applicant Name Applicaint Sigr&km Y 1 RECEIVED OCT 14 2�'S 252-808-2808 :: 1.8884RCOAST :: wvvw.nccoastaimanagement.net revised: 12/27/06 Papls tvf 3� This instrument was prepared by: C. Jason HLRYOrey. A ioerned North Carolm Attu , Deft quertt tastes, d any, to be paid by the C106N ammey to the Onslor Canty Tax Co1Mm upon disbursement of Ills deed presented to The Onslor 'TAxe Date ' c V Excise Tax: $ 1,700,00 11111111111111011 Doe "" 000823680003 Type: CRP Recorded: 12/oi/2oo5 at 01:42:52 PM Fee Amt: $1,720.00 page 1 of 3 Exclse Tax: $1,70C.00 onslow County, NC Mildred M Thomas Register of Deeds w2563 Pa411-413 RECE-Ti"ZD OCT 14 2015 NORTH CAROLINA GENERAL WARRANTYDEE]bCM_ MHD CITY Parcel Identifier No. 1407-5 Verified by M County on the This instrument was prepared by: C. Jason Humphrey, P. A., Attorney at Law Brief description for the Index: LOT A"1 S W CORNER OF FRONT & MOORE STS, SW ANSBORO THIS DEED made this I st day of December 20 05, by and between GRANTOR Tammy L. Blanton and husband. Gene A. Blanton 336 Red Barn Road Newpon, NC 28570 GRANTEE Moorecoastal Investments, LLC a North Carolina Limited Liability Company 103 Moore Street Swansboro. NC 28584 20_ The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is herebyacknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of SWANSBORO SWANSBORO Township,` ONSLOWCounty, NoahCarolinaand more particularly described as follows: See Exhibit "A" Attached Hereto And Made A Part Hereof. The property hereioabove described was acquired by Grantor by instrument recorded in Book 1 136 page 670 A map showing the above described property is recorded in Plat page NC Bar Association Form No.1.3 8 1976, Revised O 1977, 2002 Printed by Agreement with the NC Bar Association —1981 SORPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 U Book: 2563 Page, 1977-Current: 411 Seq: 1 W EXHIBIT A Lying and being in the Town of Swansboro, North Carolina, on the West side of Moore Street and the South side of Front Street, and BEGINNING at an existing iron pipe at the intersection of the Western right of way line of Moore Street and the Southern right of way tine of Front Street, thence, funning with the Western right of way line of Moore Street, South 27 degrees 00 minutes East 184.11 feet to the mean high water mark of the White Oak River, thence, running with the mean high water mark of the White Oak River, South 61 degrees 37 minutes 23 seconds West 52.01 feet to an existng iron pipe; thence, North 27 degrees 00 minutes West 185.36 feet to an existing iron pipe in the Southern right of way line of Front Street, thence, North 63 degrees 00 minutes East 52.0 feet to an existing iron pipe in the intersection of the Western right of way line of Moore Street and the Southern right of way fine of Front; said existing iron pipe being the Point and Place of BEGINN{NG. RECEIVED OCT 14 2015 DCM- MHOS CITY (1229-002.PF01122MO2145) Book: 2563 Page, 1977-Current: 411 Seq: 2 • pe*3 (Ci 3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances dteretobelonging to the Crrantce in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons wbornsoever, other than the following exceptions: Easements and Restrictions of record: and 2005 ad valorem taxes IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. ' /t1 YLMte'I EYf�l�l� - (SEAL) (Entity Natne) Tammy L. B nton By; /.L JSEAL) Title: Gene A. Blanton (SEAL) Title: State of North Carolina - County of ONSLOW I, the undersigned Notary Public of the County" State aforesaid, certify that I ammo L. Blanton and Gene A. Blanton personalty appeared befgfr yre this day and acknowledged the due execution of the foregoing instrument for the purposes Notarial stamp or seal this l st day of December no 0 1� _ titARY < My Commission Expires; � = Wotary-publim puauc 'tiZ State of North Carolina - County of I, the undersigned Notary Public ofthe County and Stale aforesaid, certify that i�S4 nxf�A xyx� _ personally came before me this day and acknowledged that _he is the _///rt of a North Carolina or cotporatiombraited liability company/general partoershiplimited partnership (strike through the taapplicable), 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. Witness my hand and Notarial stamp or seal, this _ day of 120. My Cormnission Expires: Public State of North Carolina - County of 1, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this , day of 20. OCT 14 2015 My Cotmmssion Expires. Notary Public DC M— M H D Co i' The foregoing Certificates) of is/are certified to be correct. This insnu neat and this certificate arc duly registered at the date and tune and in the Book and Page shown on the first page hereof. By:__ -- Register of Deeds for County Deputy/Assistant -Register of Deeds NC Bar Association Form No. L-3 ® 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 Book: 2563 Page, 1977-Current: 411 Seq: 3 Prepared by and retrmi ro: John E. 'rantum, PA, 604-C Cedar Point Blvd., Cedar Point NC 28584 NORTH CAROLINA EASEMENT OVER RIPARIANCORRIDOR IN THE WHITE OAK RIVER AT THE SOUTHERN BOUNDARY OF MOORE STREET AND INGRESS, EGRESS EASEMENT OVER EXISTING TOWN DOCK ONSLOW COUNTY This DEED OF EASEMENT, executed this the Irday of 2015 by and between the TOWN OF SWANSBORO, NORTH CAROLINA, el municipal corporation organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Grantor") and MOORECOASTAL INVESTMENTS, LLC, a North Carolina limited liability company whose address is PO Box 865, Swansboro, NC 28584 (hereinafter referred to as "Grantee"). For and in consideration of the sum of $1.00 and other valuable consideration paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, the Grantor has bargained, sold and conveyed and by these presence does hereby grant, bargain, sell and convey unto the Grantee a non-exclusive perpetual Easement (the "Easement") over and upon the riparian rights and premises hereinafter described (the "Premises") for the purposes of maintaining, repairing, replacing and upgrading the current structures owned by Grantee that adjoin the Grantor's riparian corridor to the west and for the purposes of constructing and maintaining permanent and floating docks that will be located south of the Grantee's Real Property that adjoins Moore Street to the west (such structures and docks collectively referred to as ("Improvements'l. RECEIVED OCT 14 Z015 DCM- MHD CITY 5 The Premises over which the Grantor is granting this Easement to the Grantee for the purposes herein described is as follows: SEE EXHIBIT "A" ATTACHED To have and to hold said Easement to Grantee, its successors and assigns, forever, subject to the property rights of the Grantor not encumbered by this Easement. This Easement hereby granted is a burden upon the riparian premises now owned by the Grantor and shall be binding upon Grantor and its successors and assigns. The improvements that are currently in place over the Easement area together with the improvements to be placed over the Easement area shall remain the property of the Grantee. The Grantee shall have the right to construct, install, inspect, maintain, repair, remove, replace, build and/or operate the improvements and to make such changes and additions to such improvements within the Easement area as the Grantee may deem advisable. Furthermore, Grantor hereby waives any and all set back requirements for Grantee(s)' improvements as required by the permit granting authority, including but not limited to the Coastal Resources Commission and Division of Coastal Management (CAMA). The Grantee does hereby agree for itself, its successors and assigns to indemnify and hold harmless the Grantor, its successors or assigns, from any responsibility or liability for claims for personal injury, property damage or other loss arising out of the negligence of the Grantee, its agents, officials or employees in the construction, installation, maintenance and use of the improvements maintained and constructed by the Grantee and the riparian uses made by Grantee within the Easement area The conveyance of the Easement by Grantor is subject to the following exceptions: A. The rights of others to the use and benefit of navigable water; B. No warranties, representations or covenants are made by Grantor with respect to any real property, including but not limited to any portion lying and being below the mean high water line of the White Oak River; C. The Rights of others, including without limitation, the State of North Carolina, the United States of America, and the public, to the use, control and benefit of navigable waters over which the riparian rights of Grantor exist. The Grantor further grants to Grantee, its successors and assigns a non-exclusive Easement over and upon the Town Dock now located South of Moore Street for the purpose of ingress, egress from the property of Grantee located West of the Town Dock to and from Moore Street. In the event the Town Dock isRd EageQt tipei©yed by OCT 14 2915 DCM- MHD CITY 10 storms or other casualty, the Grantor shall be under no obligation to repair or reconstruct the same. The Grantee does hereby agree for itself, its successors and assigns to indemnify and hold harmless the Grantor, its successors or assigns, from any responsibility or liability for claims for personal injury, property damage or other loss arising out of the use of the Town Dock by Grantee, its agents, officials, employees and invitees. The term Grantor and Grantee as used herein shall mean and include their respective successors and assigns. In Witness Whereof, the Grantor has executed this Easement by its Mayor and Town Clerk pursuant to authority granted by its Board of Commissioners at a duly - convened meeting of the Board of Commissioners for the Town of Swansboro; and the Grantee has executed this Easement by its Manager pursuant to authority duly given. Attested to: '''' 11 G By. W WC PAULA W. WEBB, Town Clerk MOORECOASTAL INVESTMENTS, LLC By: A, y.." RANIFY WILLIAM SWANSON State of North Carolina County of Onslow p LORPORAte �� fV T. • T 0 RECEIVED OCT 14 2015 DCM- MHD CITY I the undersigned Notary Public for the County ofOns law , State of North Carolina, certify that Paula W. Webb came before me this day and acknowledged that she is the TOWN CLERK OF THE TOWN OF SWANSBORO and that by authority duly given by the Board of Commissioners of the Town and as the act of the Town, the foregoing instrument was signed in its name by its MAYOR, sealed with its town seal and attested by her as. its TOWN CLERK. Witness my hand and Notarial stamp or seal, this ZQ Tit day of , 2015"aunununn 0 0` NOTAgy fps Public - �ti 'OUBUG ` My commission expires State of North Carolina County of Carteret I the undersigned Notary Public for the County of Carteret, State of North Carolina, certify that RANDY WILLIAM SWANSON personally appeared before me this day and acknowledged that he is Member Manager of MOORECOASTAL INVESTMENTS, LLC 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. Witness my hand and Notarial stamp or seal, this __Qg-T.LA day of Aprriil,y2015. l � Notary Public My commission expires:kx _ RECEI''ED OCT 14 2015 DCM- MHD C; y EXHIBIT "A" Beginning ata point ui the normal high waterline of the White OagRivec{Swansboro : . furnmg Bastn), said beginning pomt1ieing the. southeast'eorner of the Moorecoastal vestmea4s, ) property end;also'the riparian corridor line of sBidMbooiecoas#al Investments, T>LC'pm 6rty aashovAitecorded in Deed Book 2563 Page 411; ofthe. 0&slow Cduniy ]registry;, said beginning -port atso hemg the -southwest terminus ofthb right ofway o Nibore Street; said bcginwng point bemg:located South 27 de'grees'00 minutes 00 seconds Fast 6.85 feet from an h onii?e in the western'tight of way of Moore Street, saiduo n pipe in right of way being located Soutlr2Tdegrees 00 minutes 00 . . serxm Fast 184 11 %et ffc m a coucnite nail at:the noitltiessti c6rner of said lvlootecoastal Investments, l;I ,GpiopeFtq'9nd also where t&e`western rightnf waybfMoore Street intersects with;#] dsouthern right ofway of boat Street; and.nuts thence from:said : beginning point; leaving said 1vloorec6wW Investments; LLC .property and said nperiati conidolItne; long: thenosinaliughwaterfteofihe:WlvteOak:River,North5l ... degrees .. minutes 48 seconds East2d966 feetto a:point in the approximate-alignment,of leaven said normal high-, thu westedgeoftheei6tingSwansbobtow&doc;thence.... water and along;the approximate' western edg66f said dock and into the Whife.Oak River; South 27 degrees 00 iulaut6s 00 seconds East :03:5'7 -feet to a po6 at tbe:end_ot• soutTiwesCcomierof said'Swaasborotowndock;then%e=con0nuing=South:27.degreos:Ot}. minutes 00 seconds F.aat.to apoint in the northern edge,ofthe;Federal e&&amiehSetback of the,Wliite (River (SwansboYo Turning:Bashi); thence along said FederalChanneL Setback Svuth.6 - degrees 00 minutes P.O. seconds West 2:94'feet to a p6int in the riparian corridor line ofMoorecoastal Investments, ]EW property; thenee:aloug said riparian corridor�hne, North27 degrees Ob b" tes 60-seconds West-W apoint thatis South 63 degrees`00 mi �irtes a seconds We§tit.94 feet-fromthe souil.rW t:bornerofthe Swausbotg t-6 d&& k; thence conttflUmg 8long satd4Tipatian,cbfridorline, North 27 degrees• QD r>Ftrrutesi)O:seconds West 93.30 feet to tlieliegiimurg: RECEIVED OCT 14 2015 DCM- MHD CITY Management IENTAL QUALITY �s January 7, 201.6 Kathy Vinson PO Box 827 Morehead City, NC 28557 Dear Ms. Vinson: PAT MCCRORY Oovemor DONALD R. VAN DER VAART secreaq BRAXTON DAVIS This letter acknowledges your January 7th, 2016 letter in which you indicated that your client, Moorecoastal Investments, LLC, wishes to place their CAMA Major Permit application in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808, or by e-mail at courtney.spears@ncdenr.gov. S' erely, Courtney ears Assistant Major Permits Coordinator Cc: Moorecoastal Investments, LLC Randy Swanson PO Box 865 Swansboro, NC 28584 Ryan Davenport, DCM Nothing Compares . State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 T COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and DevelopmentAssistanee P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 January 7„2016 Ms. Courtney Spears NC -Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Improvements Dear Courtney: Please place processing of the.major CAMA permit application for Moorecoastal Investments, LLC "on hold" to allow time for.us to revise plans for the proposed vestibule -aspect of the project. I will provide copies of the plan modification to you upon completion of the drawings. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. You can also reach me at kbvinsonnec.n•.com Sincerely, Kathy B: mson, AICP cc: Randy Swanson Q7 Spears, Courtney From: Kathy Vinson <kbvinson@ec.rr.com> Sent: Thursday, January 07, 2616 10:03 AM To: Spears, Courtney Cc: 'Randy Swanson'; Kathy Vinson Subject: Moorecoastal Investments major application Attachments: Moorecoastal Investments 1-7-2016.pdf Courtney, Attached is my letter requesting to place processing of the Moorecoastal Investments application on hold. We need additional time to prepare a revised plan for the vestibule portion of the project. I will provide copies of the revised plan when completed, and will then request that processing of the permit resume. Thanks for all of your help. Kathy Kathy B. Vinson. AICP Coastal Planning Services, Inc P.O. 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