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HomeMy WebLinkAbout29-16 Emergency MM 2018 Moorecoastal Investments LLCPerm7i Class EMERGENCY MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality ... and Coastal Resources Commission Or 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 Permit Number 29-16 Authorizing development in Onslow County adjacent to White Oak River, 103 Moore Street, in Swansboro , as requested in the pemuttee's application dated 9/24/18, including attached workplan drawings, (5) Sheets 1-5 of 5 dated Revised 9/23/1& This permit, issued on October. 3, 2018 is subject to compliance with the application (where consistent . With the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Hurricane Damage Demolition and Reconstruction (Urban Waterfront) 1) This permit authorizes the land disturbing activities associated with the demolition and reconstruction of the non -conforming building and accessory structures, docking facility and unbuilt structures, as previously authorized by way of the original CAMA Permit No. 29-16 issued 3/3/16, the current permit application and project narrative both dated 9/24/18, and workplan drawings all dated 9/23/18, all associated with the demolitionand reconstruction. Any other workor development: proposed inan Area of Environmental Concern (AEC), shall require a review and additional authorization from the Division of Coastal Management prior to work commencing. (See attached sheet for additional conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the 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, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxt n C. Davis, Director Division of Coastal Management This permit and'its conditions are hereby accepted. Signature ofPermittee Investments, LLC. ADDITIONAL CONDITIONS Permit No. 29-16 Page 2 of 2 All debris associated with this development must be contained within the authorized project area. The permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter associated with the project site. This permit does not authorize any expansion of the current structures outside of that which was previously authorized under CAMA Permit No. 29-16. The non -conforming restaurant and associated structures shall not change in use and continue to be - utilized as a restaurant. General 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. sThe permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Should either riparian adjacent lot be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of .`the docking facility. In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any activities. This Emergency Major Modification shall be attached to the original Permit No. 29-16, which was issued to the permittee on 3/3/16, and copies of both documents must be readily available on site when Division personnel inspect the project for compliance. All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. This permit does not convey any rights, either in real estate or material. The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2015-02612. The Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4132 and assigned the proposed project DWR Project No. 2015-1184 V2. In accordance with CAMA statute § 113A-118 (f), the application processing fee has been waived. Coastal Management ENVIRONMENTAL 0UALITY Moorecoastal Investments LLC Randy Swanson PO Box 865 Swansboro, NC 28584 Dear Mr. Swanson: October 3. 2018 ROY COOPER F�, ^ Governor �C MICHAEL S. REGAN Secretary BRAXTON C. DAVIS D/rector The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Q_t��Jy v A�� Douglas V. Hugge t Major Permits Manager N.C. Division of Coastal Management State of North Carolina I rnNronmertal Quality l Coastal Mariagemem Morehead CRy Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 808 2808 Q DCM Coordinator: DkQ Permit #: MAILING DISTRIBUTION SHEET VU Permittee: aco , (�1u�+c Agents: �-It7ty `, row DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City �) a Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) T,iz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncder.gov +91 Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins/Sharron Gupton Tim Walton / Mike Moser Karen Higgins I Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotankp, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) .y Chad Coburn — 401 (Brunswick, New Hanover) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: Fax Distribution: Permittee #: Agent# 'k. ON MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Moorecoastal Investments, Lk Icehouse Waterfront Restaurant Applicant 1: First Name MI Last Name Randy Swanson Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 865 Swansboro NC ZIP Country Phone No. FAX No. 28584 USA 910 - 467 -1781 ext. N/A N/A - Street Address (if different from above) City State ZIP N/A N/A N/A N/A - Email icehousewaterfront@gmaii.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 N/A N/A Mailing Address PO Box City State 827 Morehead City INC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. N/A 252 - 354 - 4916 ext. N/A FAX No. Contractor M 252 247 5875 N/A Street Address (d different from above) City State ZIP N/A N/A N/A N/A - Email kbvinson@ec.rr.com <Form continues on back> SEP 25 2018 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanage .ne Form DCM 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 City State Zip N/A Swansboro NC 28584 - Phone No. Lot No. (a) (if many, attach additional page with list) 910 - 467 -1781 ext. N/A N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak White Oak River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown White Oak River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Swansboro 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 52.22 10,055 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 ®NHW or ❑NWL e. Vegetation on tract Grass and landscape vegetation f. Man-made features and uses now on tract Timber -framed commercial restaurant building with elevated timber deck and two -slip docking facility adjoined to neighboring public dock. g. Identify and describe the existing land uses a iacent 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. In. 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) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes ❑No k. Hasa professional archaeological assessment been done for the trail? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does ft involve a ®Yes []No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED SEP 2 5 2018 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanage,,QQlnr'anHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? []Yes SNo (11) Are there coastal wetlands on the she? []Yes SNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes SNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Wastewater is handled by Onslow Water and Sewer Authority (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? SCommercial ❑Public/Govemment ❑Private/Communhy to. Give a brief description of purpose, use, and daily operations of the project when complete. Project will continue to function as a restaurant, with water access (including boat dockage) provided 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 stored in deep water will be used for construction of docks and replacement of building located waterward of NHW. Conventional construction methodology will be employed. Hand tools and carpentry equipment will be stored on highground or in the building. d. List all development activities you propose. Replacement of entire building, decks, and docking facility within the existing footprint. 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? 7,000 SSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area SYes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow runoff to White Oak River. i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []NO SNA j. Is there any mitigation proposed? []Yes SNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED S E P 25 22'R 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanage,[ry�r�tfyl0- CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (Q 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. 910-326-4428 Address 601 W. Corbett Avenue, Swansboro, NC 28584 Name H. J. and Catherine Webb Phone No. 910-389-0205 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 Major CAMA Permit #29-16, issued to Moorecoastal Investments, LLC on March 3, 2016 h. Signed consultant or agent authorization form, H applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land 1 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 — Print Name _Kathy B..tVinson Signature ty7in/ K./• �i1M.i�r�. Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information SEP 2 5 "01� 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanag ment.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑PubliclGovemment ❑Private/Community El This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes SNo (ii) Number 1 If yes: (iii) Length 29 with 16' x 4' gangway (ii) Number (iv) Width 5_6 (iii) Length (v) Floating ®Yes ❑No IN) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? ❑Yes SNo If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 38' with 16' x 4' 0an9y✓ay (iii) Length _ (iv) Width 5_5' (iv) Width (v) Floating SYes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies S Dockage ('Wet slips") only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ land cut and access channel ❑Open water; dredging for basin and/or channel SOpen water; no dredging required ❑Other; please describe: It. Typical boat length: 19' to 30' m. (i) Will the facility have tie pilings? ❑Yes SNo (ii) If yes number of tie pilings? N/A j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types I. (i) Will the facility be open to the general public? ®Yes ❑No RECEIVED SEP 2 5 20'.3 DCM-MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) 12. DOCKING FACIUMMARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ® Toilets for patrons; Number: 2; Location: inside restaurant b. ❑ Showers ❑ Boatholding tank pumpout; Give type and location: N/A 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 on 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 (ii) Give the location and number of "Pumpout Available" signs proposed. None f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. None g. Where will residue from vessel maintenance be disposed of? WA h. i. Give the number of channel markers and "No Wake" signs proposed. None 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 I. If this project is an expansion of an existing marina, what types of services are currently provided? Not marina m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ®No RECEIVED SEP 2 5 2r',� 252-808.2808::7-888-4RCOAST:: www.nceoastalmanagement.net DCM-Ms 27/06 FfCi Form DCM MP-4 (structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? []Yes ®No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. N/A 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliciGovernment ❑Private/Community (if) Number (III) Length IN) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelpide, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (n) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NFIW, NWL, or wetlands c. Maximum distance beyond NFIW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED SEP 2 5 2018 252-808.2808 :: 1-888.4RCOAST :: www.nccoastatmanagement.net DCM Mys@d.,181,27/06 Form DCM MP-4 (Structures, Page 4 of 4) 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. Note: For buoy or mooring piling, use arc of swing including length ofvesser c. Width of water body 730' e. () 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. 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 Swansboro) to the east. d. Water depth at waterward end of structure at NLW or NWL +/- 12.0' NLW 8. OTHER ❑This section not applicable a. Give complete description: Replace entire building and decks as shown on attached survey (Sheet 5 of 5). Building and decks measure approximately 50' wide by 195' long. 9/24/2018 Date Icehouse Waterfront Restaurant Project Name Moorecoastal Investments, LLC Applicant Name M wrLtri 2r�1/ �• ' Appl cant Sig re RECEIVED SEP 25 201:8 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net CMf I /06 The owner is requesting an emergency modification to existing major permit #29-16 to rebuild the entire structure within the pre -Florence footprint and the previously permitted two -slip docking facility, as shown on project plans submitted with this application. Major CAMA permit #29-16 was issued to the owner in March 2016. The permit authorized improvements to the building, including installation of additional building pilings and other building supports, construction of two second -story open decks with landing and staircases, and construction of a walkway over an existing first -floor deck. The permit also authorized installation of an ingress/egress platform along the front of the building. Slight modifications to an existing dock were also authorized to accommodate the ingress/egress platform. Site Description The 10,055 square feet project site is located at the corner of Moore and Front Streets in downtown Swansboro. 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 two -slip dock associated with the Icehouse was previously constructed 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 and also authorized construction of the Town Dock located in the Moore Street riparian corridor. All of the permitted Icehouse dock was damaged or destroyed by the hurricane. The White Oak River is 730' wide at the project site. The Swansboro Turning Basin, a federally maintained channel, is located offshore. 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. 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. 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 improvements permitted by CAMA permit #29-16 must also be reviewed and approved by the Swansboro Historic Preservation Commission (HPC) prior to construction. The owner has been working with the HPC to obtain local approvals. Prior to Hurricane Florence, Moorecoastal Investments, LLC Emergency Modification - Major Permit #29-16 September 24, 2018 Page 2 work on the CAMA-permitted improvements was tentatively scheduled to begin in early 2019 pending receipt of HPC approvals. The existing building, docks, and permitted 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 setback. Copies of the waivers are included with this application. The existing building and damaged dock are partially located within the Moore Street riparian corridor. In May 2015 the Town of Swansboro granted an easement to Moorecoastal Investments, LLC 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. The easement also provides Moorecoastal Investments, LLC ingress/egress over the existing Town Dock. A copy of the recorded (Onslow County Registry) easement is included with the permit application. The project site is provided with central water and sewer service by the Onslow County Water and Sewer Authority (ONWASA). Project Description The project consists of replacement of the entire building, decks, and docking facility within the existing footprint, as shown on project plans. The proposed work will not increase the existing footprint of the building or docks, nor will it increase project built -upon -area (BUA). It will not add any additional features beyond those authorized by the current permit. It complies with the Town of Swansboro Pier Head Line, as approved by the US Army Corps of Engineers. The local pier head line does not extend beyond the established 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 replacement of the dock and the portion of the building located waterward of NHW. Conventional construction methodology will be employed for replacement of the building and decks. Hand tools and carpentry equipment will be stored on highground or in the building. Moorecoastal Investments, LLC Emergency Modification - Major Permit #29-16 September 24, 2018 Page 3 Crysta9 Coast Engineerbg P 205-3'Ward Road Swansboro, N.C. -28584 Tel: (990),325-0006 Fax (910) 325-0060 Email: johhfh2o@bizec,rr.com Dr. Braxton Davis, Director NCDEQ-DCM 400 Commerce Avenue Morehead City, NC 28557 September25, 2018 Re: Icehouse Waterfront Restaurant 103 Moore St Swainsboro, NC 28584 Dear Dr. Davis, I am a=licensed civil engineer with Crystal Coast Engineering; PA based in Swansboro, North Carolina. I have worked with Moorecoastal Investments, LLC.'(Randal Swanson, Manager) for several years on improvements and repairs to the Icehouse Waterfront Restaurant and with Coastal Planning Services, Inc. (Kathy B. Vinson, AICP) on related local, state, and federal permits. I inspected the structure following Hurricane Florence and made the following determinations: o The existing building portion located waterward of.Normal High Water (NHW) was damaged beyond any practical repair. The remnant structure is treacherous and subject to collapse into the White Oak River. This area should be removed and completely reconstructed. e The remaining building sections landward of NHW must,be removed and replaced and/or repaired subject to the NC Building Code; o All components of the previously permitted-and,constructed docking facility have been destroyed or severely damaged and need to be reconstructed. I recommend that immediate action be taken to demolish the severely damaged portion of the structures to avoid potential injury and damage to navigation, adjacent properties, or individuals located within.the vicinity. Your consideration and assistance in facilitating issuance of appropriate CAMA permits is greatly appreciated. If you have questions regarding this letter, please contact,me at 252-503-2440 or johnfh2o@gmail.com. If ,you have questions regarding the recent permit application, please contact Ms. Vinson at252-240-9297 orkbvinson@ec.rr.com. a��etseyaeaapaa�_ Best regards, John R. Freshwater III, PE Randal Swanson MoorecoastalInvestmerit.s. LLC, P.O* Box:865 Swansboro, North Carolina 28584 September ,24,20 18 To Whom ItMay Concern: I authorize Kathy Vinson, AICP to represent me and Moorecba§talInve9tments, LLC and I apply. 1. 1 _ erty loic-ated.at for CAMA,and other development permits as§o6iated with,prop 103 Front Street, Swansborq, North Carolina. This authorization; xtendswall permits and authorizationsrequired liy local state, and federal agencips.that maybe requiO as part of -the permitting process. Ialso authofize`release of information relatedtolhe,pioJedt site to Ms. Vinson,, including boundary`surveys, topographic maps,,,andrdsVlts of wetland delineation' and soil ,permeability tests. Ifyou Kaye questions or need additional information, please feel free to.contacl me at 910',467-1781. �uincerely'. Randal Swanson Manager- IN NP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (d applicable) Moorecoastal Investrnents, Uc Icehouse Waterfront Restaurant Applicam 1: First Name MI Last Name Randy Swanson Applicant 2: First Name MI Last Name N/A N/A WA I/ adddional applicants, please attach an adddmal pagers) with names gated. Mailing Address PO BOX City State 865 Swansboro NC ZIP Courdry Phons No. FAX No. 28584 USA 910 - 487 - 1781 e>Q. WA - Street Address (d diflererht from above) City stall ZIP WA WA WA WA - Email iceFausewaterrront@9mail.cori 2. Agent/Contractorinformail 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 WA Mailing Address PO Box cfi, Sfeb 827 Morehead City NC LP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 end. WA 252 - - 4918 e». WA FAX No. Contractor# 252 247 5875 WA Street Address (d different from above) City Stab ZIP WA WA WA WA - Email kbvinson@ec.rr.com <Fomn continues on backs 752-808-2808 .. 1-888-4RCOAST ., www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (ran be multiple) Street Address State Rd. # Onslow 103 Moore Street N/A Subdivision Name City Slate Zip N/A Swansboro NC 28584 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 467 -1781 ext. N/A N/A, , 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 (R) b. Size of entire tract (sq.ft.) 52.22 10,055 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 10,055 sq. ft., NWL (normal water levee (if many lot sizes, please attach additional page with a list) + 3.0 ®NHW or ❑NWL e. Vegetation on tract Grass and landscape vegetation f. Man-made features and uses now on tract Timber -framed commercial restaurant building with elevated timber deck and two -slip docking facility adjoined to neighboring public dock. g. Identify and describe the existing land uses allacen 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) ®Yes []NO []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes []No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? NIA I. Is the proposed project located In a National Registered Historic District or does it involve a ®Yes ❑No []NA National Register listed or eligible property? <Fonn continues on next page> 252-808-2808 .. d-888-4RCOAST .. www.rrccoastaImanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are there wetlands on the site? []Yes ®NO (i) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (I) or (i) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Wastewater is handled by Onslow, Water and Sewer Authority (ONWASA) o. Describe existing drinking water supply source. Drinking water is supplied by ONWASA p. Describe existing storm water management ortmatment systems. None 5. Activities and Impacts a. Will the poject be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Communiity b. Give a brief description of purpose, use, and daily operations of the project when complete. Project will continue to function as a restaurant, with water access (including boat dockage) provided 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 stored in deep water will be used for construction of docks and replacement of building located waterward of NHW. Conventional construction methodology will be employed. Hand tools and carpentry equipment will be stored on highground or in the building. d. List all development activities you propose. Replacement of entire building, decks, and docking facility within the existing footprint. a. 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? 7,000 ®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 slate. Sheet flow runoff to White Oak River. 1. 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> 252.608-2803 .. 1-888.4RCOAST ._ www.ncconstarm nnageme nt. not Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Womtation In addition to this completed epplication 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 anymajor 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, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name Town of Swansboro Phone No. 910-326-4428 Address 601 W. Corbett Avenue, Swensbom, NC 28594 Name H. J. and Catherine Webb Phone No. 910-389-0205 Address P.O. Box 86. Swansboro, NC 28584 Name Phone No. Address g. A list of previous state orfederal permits Issued forwork on the project trait. Include permit numbers, permitiee, and issuing dates. Major CAMA Permit #28-12, issued to Town of Swansboro and Minor CAMA Permit #16-13 Issued to Icehouse Restaurant on Randal Swanson on April 4, 2012 October 16, 2013 Major CAMA Permit 929-16, issued to Moorecoastal Investments. LLC on March 3, 2016 h. Signed consultant or agent authorization fonn, if applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental PolicyAct. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge Date _g/24/2018 Print Name —Kathy B. Vinson Signature ZZI r � I IS Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MPS{ Structures Information 252-808-2808 .. I-888-4112COAST .. wwsv.necoastalman agement.n ei 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 FACIUMMARINA CHARACTERISTICS a. () Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community c. (i) Dock(s) and/or piers) (ii) Number 1 (iii) Length 20' with 16' x 4' gangway ('Iv) Width 5_5' (v) Floating ®Yes []No e. (i) Are Platforms included? ®Yes []No If yes: (i) Number 1 (ill) Length 38' with 16' x 4' gangway (iv) Width 5_5' (v) Floating NYes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 2 (Ii) Number of slips existing 2 1. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin andfor channel ®Open water; no dredging required ❑Other, please describe: it. Typical boat length: 19' to 30' m. (i) Will the facility have tie pilings? []Yes NNo (ill If yes number of tie pilings? N/A ❑This section not applicable b. (!)Will the facility be open to the general public? ®Yes ❑No d. (i) Are Finger Piers included? ❑Yes NNo If yes: (i) Number (ill) Length IN) Width _ (v) Floating []Yes []No f. (i) Are Boatlifts included? []Yes NNo If yes: (ii) Number (ill) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift andlor rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies N Dockage (Wet slips') only, number of slips: 2 ❑ 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. (1) Will the facility be open to the general public? NYes []NO 252-808-2606 :: 1-888.4RCOAST :: www,nccoas%almanarsement.net revised:'12J2T106 Form ®CM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ® Toilets for patrons; Number: 2; Location: inside restaurant A 1 ❑ Showers rw - ❑ Boatholding tank pumpout; Give type and location: NIA 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 on restaurant decks d. How will overboard discharge of sewage from boats be controlled? None e. (1) Give the location and number of "No Sewage Discharge' signs proposed. . None (ii) Give the location and number of'Pumpout Available' signs proposed. None f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products. None g. Where will residue from vessel maintenance be disposed of? NIA 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? NIA I. If this project is an expansion of an existing manna, 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 252-E08.280ti :: 1-868.4ft40A5T::.vv{rov.nccaa5talmpnayentaort.n^f revised: 12P_7106 Form DCaq MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (M.)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑sAv ❑sB ❑WL ®None p. Is the proposed madnaldocking 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. NIA 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (i) Is the boathouse stmdure(s): ❑Commercial ❑Public/Govemment ❑PrivatelCommunity (i) Number — C) Length — (Iv) Width Note., Roofed areas are calculated fmm dripline dimensions. 4. GROIN (e.g., wood, sheelp)le, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number fir) Lend — (Ili) Width — 5. BREAKWATER (e.g., wood, sheelpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, orwellands c. Maximum distance beyond NHW. NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the slructure(s): []Commercial ❑PubliMGovemment ❑PrivatelCommunily, C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, B present, e. Arc of the swing _ 7. GENERAL ®This section not applicable b. Number d. Description of buoy (color, Inscription, size, anchor, etc.) 252-808.2aU8:: t-898-4RCOAST:: wrrn.nccoastatrnanagament.net revised: '12127106 Form DCMj MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. 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. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 730' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No []NA (it) If yes, explain what type and how they will be implemented. NIA 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 and of structure at NLW or NWL +/- 12.0' NLW 8.OTHER ❑This section not applicable a. Give complete description: ' Replace entire building and decks as shown on attached survey (Sheet 5 of 5). Building and decks measure approximately 50' wide by 195' long. 9/24/2019 Date Icehouse Waterfront Restaurant Project Name Moorecoastal Investments, LLC Applicant Name App cant Sig re 352.00&2e06:: i-00&4RCOAST:: revised:'12127106 TOWN OF SWANSBORO INSPECTION DEPARTMENT THIS BUILDING IS HEREBY UNSAFE IN ACCORDANCE WITH N.C. GENERAL STATUTE 160A - 426 TO 434 THIS BUILDING/STRUCTURE HAS BEEN DEEMED UNSAFE FOR THE FOLLOWING REASONS: t� LIFE SAFETY FIRE HAZARD Sri j A-4cor e-- DATE: ���+ ��� BUILDING INSPECTO DO NOT REMOVE -REMOVAL IS PUNISHABLE AS A MISDEMEANER Building Permit TOWN OF SWANSBORO ONSLOW, NORTH CAROLINA Permitting .' 601 W Corbett Avenue, S WANSBORO, NORTH CAI 910-326-4428 Building Permit Number: 2018-0914 ADDRESS: 103 MOORE ST PARCEL NO.: ZONING: B2HDO ISSUED TO: RANDY SWANSON P.O. BOX 865 SWANSBORO, NC 28584 PERMIT DATE: 09/21/2018 EXPIRE DATE: 09/21/2019 PERMIT TYPE: DEMOLITION FEE: $0.00 PROJECT: UNSAFE PORTIONS EST. COST: $0 STRUCTURE: POST DISASTER CONTRACTOR: This building permit is issued provided that the information submitted by the applicant is true and accurate. Permit is void if work is not started in 6 months, or if work is suspended for 12 moi kths. Contractor will be responsible for any damage to public facilities resulting from construction activity. Sidewalks are required or payment in Lieu must be paid prior to C.O. APPROVED BY: A I g II I�VIllU�UlilliiQllil llilrllllilll�lllll II Illlilllllllllf: �l o_ liii®I�i�l�l ON flllllllll,llllull�� IIII I�II��IIIIIII�IIII::,. !'-'.I�ljjji �iIIIIII111111111IIIBII�IIIIIIIIIIIIIBIIIIIIIIII�IIIIIIIII ih! ILl = I IBi.:.:!�IIIIIIII�f IIIIIIII�IPIIIIII�IIIIIIII�IIIIIBIhIIIIlllll O O �iOl HIM , ......C7 iE`• III I�I iil = �I� �i- •,, � I .I II I I I�IIIIIIIIIINIIIIIIIIIIIIIIIununnnnn : ' m ! 1 ! 1 .w m7 e 1 � r I F ! E : � F f } a rmrei �a�o�reamn, v.n. j MooreCoeetsl Investments, iJ.0 y y Front h i g i r Snmeboboro, NCC 28 2858484 s• Y ®®®®'�®®®®® a gNv�i �Fm QN i. 3v'ji a° i e u�uRi °o I[ IN i I I m Wool I I�p fit Swansboro, NC 28604 TM develuDrnaM, mnsiructbn IMKabO M theme r -pen drawings, excepting Me endosed vesEeuk (Mp aeldren), was enemusly eulMdzed vie NCDEO - DCM (Cahn) Major Perms Num6en i 16. In amigan to His prevausly auBwlzad wqk - audlortratlon far ramwal, nmxend ud Nor repair of atrudures damaged by HuM ne FlorenceIn ai c dance wily NC Buildlrg Codes, Is ugenlly reouesmd. rs= HIM b11uM 3 J W�bi. FlP�q ixOs r FYpaYy.p�ryaa 61P OWsGIm l 1-1 riviroivae s� eY'! I I I I IO.Of] Ily. R _ a � M EE5TBBET s z 9y� I rrewlm r. •1a• orwtwwr.w 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 kbvinson&ec.rr.com Mobile 252.240.9297 September 24, 2018 Mr. Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Emergency Modification Request Major Permit #29-16 Moorecoastal Investments, LLC Dear Ryan: Moorecoastal Investments, LLC and Randal Swanson, Manager, are requesting an emergency modification to major CAMA permit #29-16 for redevelopment of the Icehouse Waterfront Restaurant, 103 Moore Street, Swansboro, North Carolina. The modification application includes reconstruction of the entire existing timber -framed commercial restaurant building with decks and reconstruction of the previously permitted docking facility associated with the property. The following documents are submitted in support of this request: • MP-1 Application • MP4 Structures • Project Narrative, including Unsafe Building designation and Post Disaster Demolition Building Permit • Riparian waivers from Town of Swansboro and H.J. Webb • Town of Swansboro Easement • Property Deed • Project Plans Sheet 1 Existing Conditions Sheet 2 Proposed Conditions Sheet 3 Existing Elevations Sheet Proposed Elevations Sheet 5 Survey 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, Kathy B. Vinson, AICP RECEIVED Enclosures S E P 2 5[ 018 DCM-MHD CITY Moorecoastal Investments, LLC Icehouse Waterfront Restaurant Onslow County Emergency Modification to Major CAMA Permit 29-16 Project Narrative Introduction Moorecoastal Investments, LLC is the owner of a timber -framed commercial restaurant building known as the Icehouse Waterfront Restaurant located adjacent the White Oak River at 103 Moore Street/109 Front Street in Swansboro. The site is located in the historic downtown area and an urban waterfront area, as designated by the Town of Swansboro. In addition to the Icehouse restaurant, the building also houses another restaurant (The Boro Restaurant and Bar) in the portion of the building facing Front Street. The original portion of the building is believed to have been constructed during the 1930's and 1940's. Typical of construction during this period, a portion of the building extends waterward of Normal High Water (NHW). Additions to the building and footprint have been constructed over the years. Hurricane Florence damaged the portion of the structure located waterward of Normal High Water beyond any practical repair. This remnant building area must be removed and reconstructed. The section is extremely unstable and has been determined by engineer John Freshwater III, PE and Town of Swansboro Building Inspector Jim Stipe to be in imminent danger of collapsing into the White Oak River. The Town of Swansboro has designated the structure to be an unsafe building with life safety and fire hazards. The unsafe portions of the building cannot be occupied. The Town has also issued a post disaster demolition building permit to remove the unsafe portions. The engineer and building inspector are recommending that all of the building located waterward of NHW be demolished as soon as possible due to safety concerns for navigation and adjoining properties. The remaining building sections located landward of NHW must be removed and replaced and/or repaired subject to the North Carolina Building Code. Copies of the unsafe building designation and demolition building permit issued by the Town of Swansboro are attached to this narrative. Moorecoastal Investments, LLC Emergency Modification - Major Permit #29-16 RECEIVED September 24, 2018 Page 1 SEP 2 5 2018 DCM-MHD CITY The owner is requesting an emergency modification to existing major permit #29-16 to rebuild the entire structure within the pre -Florence footprint and the previously permitted two -slip docking facility, as shown on project plans submitted with this application. Major CAMA permit #29-16 was issued to the owner in March 2016. The permit authorized improvements to the building, including installation of additional building pilings and other building supports, construction of two second -story open decks with landing and staircases, and construction of a walkway over an existing first -floor deck. The permit also authorized installation of an ingress/egress platform along the front of the building. Slight modifications to an existing dock were also authorized to accommodate the ingress/egress platform. Site Description The 10,055 square feet project site is located at the corner of Moore and Front Streets in downtown Swansboro. 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 two -slip dock associated with the Icehouse was previously constructed 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 and also authorized construction of the Town Dock located in the Moore Street riparian corridor. All of the permitted Icehouse dock was damaged or destroyed by the hurricane. The White Oak River is 730' wide at the project site. The Swansboro Turning Basin, a federally maintained channel, is located offshore. 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. 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. 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 improvements permitted by CAMA permit #29-16 must also be reviewed and approved by the Swansboro Historic Preservation Commission (HPC) prior to construction. The owner has been working with the HPC to obtain local approvals. Prior to Hurricane Florence, Moorecoastal Investments, LLC Emergency Modification - Major Permit #29-16 RECEIVED September 24, 2018 age 2 SEP 2 5 2018 DCM-MHD CITY work on the CAMA-permitted improvements was tentatively scheduled to begin in early 2019 pending receipt of HPC approvals. The existing building, docks, and permitted 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 setback. Copies of the waivers are included with this application. The existing building and damaged dock are partially located within the Moore Street riparian corridor. In May 2015 the Town of Swansboro granted an easement to Moorecoastal Investments, LLC 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. The easement also provides Moorecoastal Investments, LLC ingress/egress over the existing Town Dock. A copy of the recorded (Onslow County Registry) easement is included with the permit application. The project site is provided with central water and sewer service by the Onslow County Water and Sewer Authority (ONWASA). Project Description The project consists of replacement of the entire building, decks, and docking facility within the existing footprint, as shown on project plans. The proposed work will not increase the existing footprint of the building or docks, nor will it increase project built -upon -area (BUA). It will not add any additional features beyond those authorized by the current permit. It complies with the Town of Swansboro Pier Head Line, as approved by the US Army Corps of Engineers. The local pier head line does not extend beyond the established 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 replacement of the dock and the portion of the building located waterward of NHW. Conventional construction methodology will be employed for replacement of the building and decks. Hand tools and carpentry equipment will be stored on highground or in the building. Moorecoastal Investments, LLC Emergency Modification - Major Permit #29-16 RECEIVED September 24, 2018 Page 3 SEP 2 5 2019 DCM-MHD CITY TOWN OF SWANSBORO INSPECTION DEPARTMENT THIS BUILDING IS HEREBY UNSAFE IN ACCORDANCE WITH N.C. GENERAL STATUTE 160A - 426 TO 434 THIS BUILDING/STRUCTURE HAS BEEN DEEMED UNSAFE FOR THE FOLLOWING REASONS: LIFE SAFETY RECEIVED r FIRE HAZARD SEP25Z'l �D3 !✓�oor� S �Ge l-��us� DCM-MHD CITY DATE: ��� l r� BUILDING INSPECTO - - - DO NOT REMOVE -REMOVAL IS PUNISHABLE AS A MISDEMEANER Building Permit TOWN OF SWANSBORO ONSLOW, NORTH CAROLINA Permitting 601 W Corbett Avenue, SWANSBORO, NORTH CAI 910-326-4428 Building Permit Number: 2018-0914 ADDRESS: 103 MOORE ST PARCEL NO.: ISSUED TO: RANDY SWANSON P.O. BOX 865 SWANSBORO, NC 28584 PERMIT DATE: 09/21/2018 PERMIT TYPE: DEMOLITION PROJECT: UNSAFE PORTIONS STRUCTURE: POST DISASTER CONTRACTOR: ZONING: B2HDO EXPIRE DATE: 09/21/2019 FEE: $0.00 EST. COST: $0 This building permit is issued provided that the information submitted by the applicant is true and accurate. Permit is void if work is not started in 6 months, or if work is suspended for 12 Contractor will be responsible for any damage to public facilities resulting from construction activity. Sidewalks are required or payment in Lieu must be paid prior to C.O. APPROVED BY: 25 2018 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to41onreeoas-fa I -Lm vea-1-w/ wH-s � . C- Is (Name of Property Owner) property located at 103 F-on f �74e �er. >< on wo,� II (Address, Lot, Block Road, etc.) o &le �t`;1Pr' in Yk)a.nx 6. -o 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 till in description below or attach a site drawing) t'd XY4:&11x4*11161E 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.) �f✓n I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) !More keel a78SS'% City/StatIZ,p_IS�- 0-4.297' lebvrrlsdVJ (� GG. rm% t o tv' . Telephone Number/email address Date I or Telephone IVumbgrlemail address 9 Date` RECEIVED (Revised Aug. 2014) *Valid for one calendar year after signature" GCNt-brig) CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to 61 Dor e, c oa s -At l 4 .L C 's (Name of Property Owner) property located at ✓ � 3 Jf-r�r-A (Address, Lot, Block, Road, etc.) on (A)11;+t Oak River— in sw R. s b ,, t7 N.C. (Waterbody) (Cityfrown and/or County) The applicant has described to me, as shown below, the development proposed at the above loca , . I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing) Please- Sce- a-/-VLmc%rc✓ dr&ule"JIt 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. ^ (Property Owner Information) Signa ure 4 " Print or Typ Name r 4. Swan s m, P. o, Re;-., RA 'i Date A?SZ- -24e - ci.z 97 address Print or Type Name Mailing Address %�✓g. SWato s4aro , A/(', a 858� City/ tate/Zip /O- 3-�G- Y5,�F TelepAlone Number/emai address L i Date* RECEIVED (Revised Aug. 2014) 'Valid for one calendar year after signature` SEP 2 5 2018 DCM-MHO r_ITV ......... .... .......... Doc ID: 012231010009 Type: CRP Recorded: 07/06/2015 at 11:34:19 AM Fee Amt: $26.00 Pape 1 of 6 Revenue Tax: $0.00 onslow County NC Rebecca L. Pollard Reg. of Deeds BK4326 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 SEP 2 5 718 DCM-mhLe ('ITV V Prepared by and return to. John E. Tantum, PA, 604-C Cedar Point Blvd., Cedar Polvd, 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 &''day of 2015 by at and between the TOWN OF SWANSBORO, NORTH CAROLINA, 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"). WITNESSETH 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'). RECEIVED SEP 25 zoI8 DCM-MHD CITY 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 assighs, 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(sy 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 DgcECENEDk is ed or destroyed by SEP 2 5 202 DCM-MHD CITY 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. Town of Swansboro SCOTT CHADWIM Mayor Attested to: of 5w� o CORPORA � Ord TF By: A� tc l lam' w PAULA W. WEBB, Town Clerk Z .. SEAL O�TyCAPO��� MOORECOASTAL INVESTMENTS, LLC ABy: v 'il.ennber V�'rAw4e(- RANNY WILLIAM SWANSON State of North Carolina County of Onslow I the undersigned Notary Public for the County of Q1M , 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 RECEIVED SEP 2 5 2018 DCM-P11140 CITY 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 day of > 20 ci ,, , neno1uwupa� =40 NOTARy �9 Public --%�-G AUBUG V,�� My commission expire c®�"�[ 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 Qq,-C __day of April, 2015. Notary Public My commission expires: 0 1� IT— tkOTAR l- PUBUG ,41' RECEIVED SEP 2 5 2018 DCM-MHD CITY EXERB1T "A" Begunung ata point in the nomtal:high water line of'the White Oak River..(Swansboro': Turning Basin); said:lieginnmg point: Being the southeast eottier of the Moorecoastal Investments, LLC propmty.and aloo the riparian corridor line of satdM000reboasfal Investments,'LLCd roperty'as showuiecorded in Deed Book 2563 Page411 ofthe Ohslow County Registry;. said. begmping point also being the southwest terminus bfthe . right ofway of 1vloore Street; sazdbeguintng point being:locateil Booth 37 degrees.00 . mmutes; 00 seconds:East 6.85 feet from, an iiiot -pipe in theivvestem right of way of Moore Sud'et;aaid unn pipe in right of way being located South2Tdegrees 00 minutes 00 seconds last 184 `1-1: feet from a coAoXete nail at the.hotheast comer: of said Mootecoastal Investments, LLGpi opefry'and also where the western right of way of -Moore Street intersect3 with the southern xi: of way of Front Street; and.riins thence from.said `.. beginning point, leaving said MoorecoasW Investments; LLC .property and.gm riparian comdor'lihi! and'a]ongth6 normal high water'3ine of fhe. White Oak.River, North 57: .. degrees42�minutes 48 seconds >xase2:6 feet#5 a point in the appioiumate alignmei�t:of, - the west .edge of the existing Swansboro•town dock; thence leavin sazd noiznal m B 8h :... water and; along:the approximate western edge°of said back and tntgttie Whife Oak River; South2Tdegresne0ecnEast 357eoanore0nu�o_ southwest;coinei of said' Swatisbolo town dock; thence:con6numg-Soutli_27:degrees:00 ` Minutes 00 seconds:Eastio apoimi tthe northern edge:ofthe.Federal ChaffieF Setback.of the:White G River'(S-wansboro Turning Basin); thence along: said Federal Channel - Setback, $puth.63'degrees. 00 minutes 00 seconds West 194.'feetto a point in the:riparian corridor line-ofMoorecoastal Investments, LLC:pmperty; thence:along said riparian corridor -line, North°27 degrees 00. miniiies 00 seconds Westto a point that is South G3 degrees 00 minutes 00 seconds W S 2.94 feet`Nra thezouthwest:oomer of the Swansboro town•d6ek, thence confiniiing along sazd npaYiatfcoriidot lnie;:$Totth 27 degrees QO Y<unutes:QO sWest 93.30 feet to the beginning. RECEIVED SEP 2 5 2018 DCM-MHD CITY • Page 1-of 3. This instnxront was p OWO by: C. Jason Humphrey, A toured North Catolna Morney. De1'xgAnt taxes, if any, to be paid by the dosing aMmey 10 the ardor County Tax Cdtetla upon disbursement of This deed presented to The Onsl_Lc� jr Tsn Q§ Date ! t e NORTH CAROLINA GENERAL I4YYIWWY�11m�IW A�Im1�1111i1WlIE�I��I� Doc 20: 000823680003 Type. CRP Recorded: 12/OS/2o05 at 01:a2:52 PM Fee Amt: $t, 720.00 Page 1 of 3 Excise Tax: $1.700.00 Onslov County, NC Mildred M Thomas Repister of Deeds w2563 PG411-413 RECENED S 2 5 2�1% WARRANTY DEED nCM_MHD GjVY Excise Tax: S 1.700.00 Parcel Identifier No.1497-5 Verified by _ County on the _ day of . 20_ ]yfaiUBox to: C. Jason Humphrey', P. A., P.O. Box 209, Swansboro, NC 28584 This instrurmnt was prepared by. C. Jason Humphrey, P. A., Attomey at Law Brief description for thehndex: LOT AT SW CORNER OF FRONT &MOORESTS,SWANSBORO THIS DEED made this I st day of December 20_U by and between er1tAN 1UK URANTEE Tammy L. Blanton and husband. Moorecoastal investments, LLC Gene A. Blanton a North Carolina Limited Liability Company 336 Red Bam Road 103 Moore Street Newport, NC 28570 Swansboro. NC 28584 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include si%ular, plural, masculine, feminine or neuter as required by context WUNESSETTI, that the Cirantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is herebyacknowledged, has and by these presents does Want, bargain, sell and convey unto the Grantee in fee simple, all that certain lot orparcel of land situated in the City of SWANSBORO SWANSBORO Township, ONSLOW County, North Carolina and more particularly described as follows: See Exhibit "A" Attached Hereto And Made A Part Hereof. The property hereinabove 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 Book page NC Bar Association font No. L3 ® 1976, Revised O 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 SoftPre Corporation, 333 E. Sue Forks Rd., Raleigh, NC 27609 Book: 2563 Page, 1977-Current: 411 Seq: 1 • rage 2 of 3 ;r 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 line of Front Street; thence, running with the Westem 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 existing iron pipe; thence, North 27 degrees 00 minutes West 165.36 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 Southem right of way line of Front; said existing iron pipe being the Point and Place of BEGINNING. RECEIVED SF P z 5 9J18 DCM-MIND CITY (t 22"M.PFD/1229-0ou49) Book: 2563 Page, 1977-Current: 411 Seq: 2 . Pager 3 of 3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the pretenses in fee simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptitms: 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 fast above written. AT Me $ Af l (SISAL) (amity Nam) Tatm/�m�y L. Banton to - By. / ->.s� 4E —es(SEAL) Title Gene A. Blanton (SEAL) State of North Carolina - County of ONSLOW I. the undersigned Notarypublic of the County and State aforesaid, certify that Tammy L. Blanton and Gene A. Blanton personally appeared bef4jy( �g�tc this day and acknowledged the due execution of the foregoing imtruuxnt for the purposes the \]Yt1s}{� Notarial starry or seal this t st day of December , 20 0S � y� . - • ' • • .H,p i� My Commission Expires: U 1� _ tAR4 - �— r.owry ruouc - ' P1l8UC • V� State of North Carolina - County of undersigns nary ty id, certify that _ ''i ` . .... . I, the d No Public ofth a Couo and State aforesaid, y"r+ _ t personally carve before me this day and acknowledged that be is the �IIIIIf rf tt,- of , a North Carolina or cotporatiott lirinted liability company/general parmership/fimited partnership (strike through the inapplicabk), and that by authority duly given and as the act of such entity, lu 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 20_ My Commission Expires: _ Notary Public State ofNorth Carolina - County of I, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or scat, this _ day of 20_. My Cotmmission Expires: Notary Public The foregoing Certificates) of is/arc certified tobecorrect. This instrurnein and In oertificate arc duly registered at the dale and fim and in ftBookand PW shown on the fast page hereof. Register of Deeda for County By: Deputy/Assistant - Register of Deeds Bar Association Form No. L-3 ® 1976, Revised ® 1977 R t with the NC Bar Association -1981 2002 SoMo Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 5 2018 C ,M-V,n, 0 CITY :gi.•.��.. Book: 2563 Page, 1977-Current: 411 Seq: 3 DMSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Moorecoastal Investments LLC County: Onslow PROJECT NAME: Icehouse Resteraunt LOCATION OF PROJECT: 103 Moore Street Swansboro NC 28584 FIELD REPRESENTATIVE NAME: Ryan Davenuort DISTRICT OFFICE: Morehead Citv DATE APPLICATION RECEIVED BY FIELD REP: G fi DATE RECEIVED COMPLETE BY FIELD REP: q J ,-) u 11 c DISTRICT MANAGER REVIEW: Roy Brownlow PERMIT COORDINATOR ASSIGNED: Gregg Bodnar DATE ACKNOWLEDGEMENT SENT: FEE REC'D: $ DATE PUBLIC NOTICE POSTED IN NEWSPAPER: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: DATE REQUEST FOR COMMENTS MAIL OUT: COMMENT DUE DATE: 75 DAY DEADLINE: 150 DAY DEADLINE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED COMMENTS: YES NO NOTES DCM - Regional Field Representative DCM - LUP Consistency Determination Local Permit Office NCDOT - Division of Highways DAH - Division of Archives & History DCA - Division of Community Assistance DEH - Shellfish Sanitation Resources DLQ - DEMLR Land Quality Section DMF- Fisheries Resource Spec. DWQ — SWP - DEMLR-Storm Water DWQ 401 - Division of Water Resources 401 DWR - Division of Water Resources SPO - State Property Office WRC - Wildlife Resources Commission USACoE - Corps of Engineers U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-02612 County: Onslow County U.S.G.S. Quad: Swansboro GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Moorecoastal Investments, LLC Mr. Randy Swanson Address: PO Box 865 Swansboro, NC 28584 Telephone Number: 910467-1781 Size (acres) n/a Nearest Town Swansboro Nearest Waterway Bogue Sound River Basin Onslow Bay USGS HUC 03020301 Coordinates Latitude: 34.68698 Longitude:-77.11770 Location description: The project site is located at the Icehouse Waterfront Restaurant within waters adjacent to the White Oak River, at 103 Moore Street, in Swansboro. Onslow County, North Carolina. Description of projects area and activity: This verification authorizes work in waters adjacent to the White Oak River associated with the demolition and reconstruction of the Icehouse Waterfront Restaurant and docking facility within the existing footprint. Dredging is not authorized. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 3 SEE ATTACHED RGP or IVWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated September 26, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Sarah Hair at (910) 251-4049 or Sarah.E.HairAusace.armv.mil. Corps Regulatory Official: Y ram' Date: September 27.2018 Expiration Date of Verification: March 18, 2022 SAW-2015-02612 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑. There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: Emergency permitting procedures associated with Hurricane Florence. D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://comsmai)u.usace.anny.mil/cm a1)ex/f?p=136*0. Electronic copies furnished: Mr. Randy Swanson, Moorecoastal Investments, LLC Ms. Kathy Vinson, Coastal Planning Services, Inc Mr. Gregg Bodnar, NC DCM Mr. Justin Arnette, USACE-Navigation Mr. Matt Creelman, USCG Ms. Kathy Matthews, USFWS Mr. Fritz Rohde/Ms. Twyla Cheatwood, NMFS-HCD Mr. Robb Mairs, NC DWR SAW-2015-02612 SPECIAL CONDITIONS i. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htti)://www.fws.pov/nc-es/mammal/manatee guidelines.N Action ID Number: SAW-2015-02612 County: Onslow County Permittee: Mr. Randy Swanson Project Name: Moorecoastal Investments/Icehouse Waterfront Restaurant Date Verification Issued: September 27, 2018 Project Manager: Sarah Hair Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Sarah Hair 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: I The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. AS , I Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. C -O'� Bodnar, Gregg From: Christenbury, Mike Sent: Wednesday, September 26, 2018 12:32 PM To: Bodnar, Gregg Subject: RE: Moorecoastal Investments LLC Emergency Major Mod #29-16 Gregg: I have reviewed the Emergency Major Mod #29-16 with the Town of Swansboro Land Use Plan and have no comment on this proposal from a land use plan perspective. The proposal is not in conflict with the Town of Swansboro Land Use Plan. Let me know if you have any questions. Thanks. -MikeC Michael Christenbury, Wilmington District Planner NC Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Ext Wilmington, NC 28405 910-796-7475 Ic- Nothing Compares Visit www.nccoastalmanaFement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Wednesday, September 26, 2018 8:56 AM To: DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; Wojoski, Paul A <Paul.Wojoski@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov> Cc: Staples, Shane <shane.stapies@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Huggett, Doug <doug.huggett@ncdenr.gov>; Davenport, Ryan <ryan.daven po rt@ ncdenr.gov> Subject: Moorecoastal Investments LLC Emergency Major Mod #29-16 Morning all, Please see attached for an electronic copy of an Emergency Major Modification to CAMA Permit #29-16 for Moorecoastal Investments LLC. The project is located in Swansboro, Onslow County, known as the Icehouse Restaurant. As a result of Hurricane Florence the building is in danger of imminent collapse and must be torn down. The applicant wishes to rebuild in the existing footprint. The damage spans two CAMA permits, #29-16 and #28- 12, though the proposal will be processed through the active permit #29-16. Please forgive me if I have missed any links in your chain of command. Due to the unique hardship of the Wilmington Regional Office and DMF in Morehead City out of commission, it has been difficult to get in touch with some of you, so I've had to make some assumptions. DMF—Anne, I found out yesterday through correspondence with Shane that he is on leave through Monday. I was able to make contact with Curt and have him on this email string. DWR— I have not been able to contact Robb in Wilmington as well, but in discussions with Anthony Scarbraugh in Washington he directed me to Paul Wojoski. The BIMS number for each CAMA permit are #29-16 (2015-1184) and #28-12(2011-0273). USACE — Liz the SAW numbers are as follows #29-16 (2015-02612) and #28-12 (2011-00599). We are hoping to process this application as an Emergency Action by early next week, so I thank you in advance for your help in a quick turn -around. Please give me a call if you have any questions, and as always we appreciate the assistance. Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar()ncden r.gov 400 Commerce Ave Morehead City, NC 28557 { Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ,11 Bodnar, Gregg From: Weychert, Curtis R Sent: Wednesday, September 26, 2018 11:51 AM To: Bodnar, Gregg; DCR - Environmental_ Review; Hair, Sarah E CIV CESAW CESAD (US); Christenbury, Mike; Wojoski, Paul A Cc: Staples, Shane; Deaton, Anne; Mairs, Robb L; Huggett, Doug; Davenport, Ryan Subject RE: Moorecoastal Investments LLC Emergency Major Mod #29-16 Gregg, the DMF has no comment on the proposed actions. From: Bodnar, Gregg Sent: Wednesday, September 26, 2018 8:56 AM To: DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; Wojoski, Paul A <Paul.Wojoski@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov> Cc: Staples, Shane <shane.staples@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Huggett, Doug <doug.huggett@ncdenr.gov>; Davenport, Ryan <ryan.davenport@ ncdenr.gov> Subject: Moorecoastal Investments LLC Emergency Major Mod #29-16 Morning all, Please see attached for an electronic copy of an Emergency Major Modification to CAMA Permit #29-16 for Moorecoastal Investments LLC. The project is located in Swansboro, Onslow County, known as the Icehouse Restaurant. As a result of Hurricane Florence the building is in danger of imminent collapse and must be torn down. The applicant wishes to rebuild in the existing footprint. The damage spans two CAMA permits, #29-16 and #28- 12, though the proposal will be processed through the active permit #29-16. Please forgive me if I have missed any links in your chain of command. Due to the unique hardship of the Wilmington Regional Office and DMF in Morehead City out of commission, it has been difficult to get in touch with some of you, so I've had to make some assumptions. DMF —Anne, I found out yesterday through correspondence with Shane that he is on leave through Monday. I was able to make contact with Curt and have him on this email string. DWR — I have not been able to contact Robb in Wilmington as well, but in discussions with Anthony Scarbraugh in Washington he directed me to Paul Wojoski. The BIMS number for each CAMA permit are #29-16 (2015-1184) and #28-12 (2011-0273). USACE — Liz the SAW numbers are as follows #29-16 (2015-02612) and #28-12 (2011-00599). We are hoping to process this application as an Emergency Action by early next week, so I thank you in advance for your help in a quick turn -around. Please give me a call if you have any questions, and as always we appreciate the assistance. Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(7g ncdenr.goy 400 Commerce Ave Morehead City, NC 28557 c.. Nothing Compares . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg , From: Matthews, Kathryn <kathryn_matthews@fws.gov> Sent: Wednesday, September 26, 2018 12:55 PM To: Hair, Sarah E SAW Cc: John Ellis; Leigh Mann; Fritz Rohde; Twyla Cheatwood; Pace Wilber - NOAA Federal; Pete Benjamin; Arnette, Justin R CIV USARMY CESAW (US); Owens, Jennifer L SAW; Matthew.K.Creelman2@uscg.mil; DCR - Environmental_Review; McAloon, Scott BOSN4; Bodnar, Gregg; Davenport, Ryan Subject: Re: [EXTERNAL] Icehouse Restaurant Swansboro Emergency Permit request Dear Liz, Based upon the requirement to follow the Manatee Guidelines, the US Fish and Wildlife Service does not have any objections or significant comments to the authorization of this project. Thanks, Kathy Matthews On Wed, Sep 26, 2018 at 12:32 PM Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair(@usace.armv.mil> wrote: Good afternoon everyone: Attached please find an emergency permit modification request for the following project: Corps Action ID: SAW-2015-02612 DCM permit no: 29-16 Project Name: Icehouse Restaurant County: Onslow Waterbody: White Oak River The Icehouse restaurant and docking facility located along the White Oak River, at 103 Moore Street, in downtown Swansboro, were damaged by Hurricane Florence and must be demolished due to safety. The applicant proposes to reconstruct the facility in the existing footprint. The project area is located within the Swansboro Historic District and is located outside of the Corps federal channel setback. The Corps is processing this request as a NWP 3 for Maintenance under our Emergency Permitting procedures. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature of sedimentation impacts during the demolition and reconstruction of the docking facilities. The waters within the project area are not designated as PNA, and are classified as SC. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project will affect, but not likely adversely affect the West Indian Manatee. The use of Manatee Guidelines will be required as a permit condition. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that the proposal may affect historic resources. The project site is located within the Swansboro Historic District. The Corps has determined the proposed activity will not adversely affect properties listed or eligible for listing in the National Register of Historic Places. Please see attached documentation for further detail. *No dredging or fill activities are proposed within waters of the U.S. **Please provide comments ASAP, as the DCM would like to issue the modification early next week as the failure of the structure is imminent. Thank you in advance, and I hope everyone is safe. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 Kathy Matthews Fish and Wildlife Biologist Raleigh Ecological Services U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Phone 919-856-4520 x27 Email kathryn matthews@fws.gov North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Barms, Administrator Governor Roy Cooper Secretary Susi H. Hamilton September 27, 2018 u FOXet:NRTC TO TO: Gregg Bodnar Division of Coastal Management Department of Environmental Quality FROM: Ramona M. Bartos Office of Archives and History Deputy Secretary Kevin Cherry SUBJECT: Emergency Modification to CAMA Permit 29-16, Icehouse Restaurant, 103 Moore Street, Swansboro, Onslow County, ER 15-2547 Thank you for your email of September 26, 2018, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator; at 919-807-6579 or environtriental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Location 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Cen[er, Raleigh NC 27699-4617 Telephone/Paz: (919) 807-6570/807-6599 Bodnar, Gregg From: Mairs, Robb L Sent: Thursday, September 27, 2018 11:22 AM To: Bodnar, Gregg; Wojoski, Paul A Subject: Fw: [External] RE: Moorecoastal Investments LLC Emergency Major Mod #29-16 Attachments: Icehouse Restaurant Swansboro Emergency Permit request.pdf, GC4132.pdf Gregg, This follows our phone call this a.m. I just received this from Liz Hair this a.m. Since the USACE of Engineers will be authorizing this under a NW 3, we will use our corresponding GC 4132 (attached), and this proposal will not require written approval from the NC DWR if it meets all the applicable conditions. Thanks, Robb l\� Robb Mains Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality , 910 796.7303 office robb. mairs(a)ncden r. oov https://deg.nc.gov/a bout/divisions/water-resources/water-resources-oe rm its/wastewater-branch/401-wetlands-buffe r- NC DEQ: 401 & Buffer Permitting Branch deq.nc.gov The 401 & Buffer Permitting Branch is responsible for implementing the state's waters, wetlands, and riparian buffer regulatory programs and assisting with compliance and enforcement procedures. Contacts Frequently Asked Questions Learn about our state's water resources including streams, wetlands, waters, and riparian buffers; explore the 401 certification, isolated waters permitting, buffer ... .......... ......................................................:..................................................................................................................................................................................................................................................... .................... ........ 127 Cardinal Drive Extension Wilmin ton, NC 28405 M�JDWIFO% Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. MajBrowseNew Page 2 of 2 DCM[ Representative: Ryan Davenport Permit Coordinator: Doug Huggett DCM District: Morehead City (C) Applicntion/Permit Fee: S400.00 [II. Public or commemial/no dredge and/or fill] Project Name: Icehouse Restaurant Outdoor dini Date App Complete in the field: 10/2812015 Objections Received: N Date Received in Central Office: 11/042015 Action Due Date: 01/112016 Issue/Deny/Withdraw Date: 03/03/2016 Expiration Date: 12/312019 Special Permit Authorimtion: PIC Project Description: Deck for outdoor dining Other work- stairs, decks, enclosed covered deck. CKN 1579 Acknowledgement Letter sent to Applicant: Y Applicant (Owner or Agent): Moomocastal Investments, LLC Applicant (Owner or Agent): Randy Swanson POBox: 865 City: Swansboro State: NC Zip: 28584 Country: USA Phonel: 910467-1781 Physical City: Swansboro Physical State: NC Physical Zips: 28584 Applicant (Contractor): Kathy Vinson City: NOT SPECIFIED Project Location Addl: 103 Moore Street City: Swansboro Zip: 28584 County: Onslow Local Planning Jurds: Swansboro Riverbasin: WHITE OAK Major Waterbody: Whiskey Creek(New Hanover Co) Site Description AECs 29-16 0711.0209 Estuarine Shoreline 29-16 0711.0206 Estuarine Waters 29-16 07H.0207 Public Trust Ames Adjacent Waterbody: White Oak River Adjacent Waterbody Type: Nat ORW:N PNA:N Critical Habitat: N Shoreline Length: 52.000 Tract Sim: 10055.000 SAV: NS Sandbags: N Moratorium Conditions: NA Digital Photos: Y 15ft Waiver: Y Site Additional Description DCM Primary Water Classification: Saltwater suitable for secondary recreation (SC) DCM Secondary Water Classification: Not Applicable to Project (NA) Wetlands Impacted: 29-16 Not Applicable(NA) Shell Bottom Present: Y Shellfish Harvest Area: Closed Land Use Classification 1: Commercial Did the LUC come from the County LUP: N Is the Project Water Dependent: Y Estimated Erosion Amount: N/A Source of Estimated Erosion Amount: N/A Type of Discharge: Sewer Environmental Assessment Done: N PNo Activity Number Type Replax Measure l Measure2 Meamre3 Measure4 29-16 Catwalkoenath_width) 1 NW N 4.000 45.000 29�160ther(NA) 1 NW N 9.000 29-160ther(NA) 1 NW N 45.000 g4til c v -�& JC5.5- 2S trPS http://dcm2.enr.state.nc.us/dcmcdaits/major/view/MajBrowseNew.aspx 9/27/2018 MajBrowseNew Page 1 of 2 IPS/DPD: Major Permit Browse moorecoastal investments Applicant or Contractor Name Name of project Main Menu for General and Major Permits ❑NC Dept of Transportation applicants Optional Selea v Status Select Staff v Select Disbid v Seled County v Application or Permit No. StafName District County Project City StateRd/Hwy Subdivision Project Site Address Flm s.emm •ppo. 0 0 0 0 ro.o—vIdBa.0 FAD0.v Fitl 4i 9FnpLYi.AWa E D•<ACP Pe PemltLined Perme Eep4W 0 0 o a BFGpbrlvm E1Dab:lvua LiaW Dvs: FR'+e:m FADOYc rglmm Du DfoeW W;Vlb duPw v Wlvur ue eOeel kirlrwa plu-ndlaw wEee w4E Wv how No Ow DO NOT Display Detailed SIPS Issue Dates ODO Display Detailed SIPS Issue Dates f—CLEAR ALL data fltors, recn®r-Ronnetion and reSubmilfi3uf ry Sava ALL my records to anomer application. ubm t gmry m Mem�L pe p5lelue RepNo lnelYame FM.— rluR, Cn11RnJ AnnMe CAMAI.Ie hp Gerrtlq mun.l ls.ff CnunM1 Si�eAJJm.I SYlead_Ilwy Av tt�CiR Pnftv4Yev Mmltsu�l eml SN SCI6 'odPomu C �mq eetivllmn, IMYLIISIWY101501/IIR016 1m/b116 INIM19Id Mm�p®d al'm lM�vgaa Ovmlo^' Im Mine Semehw — cin S. fiord Records Matchine Onery = I Show recordd wiN teVLong -MINIMUM filter. City. County. Records will display in a moment Click to hide LalLong display DETArI D summary Info for the permit you sdected to do work on is displayed below. ID SELECTED: 57031 Melor Transfer Major Renew. Major Minor Mod �PDIT t9gjpr Pelmlf Major Permit (Detailed Database Display Page) Permit Information Applimtion/Permit No.: 29-16 Appliention/Permit Status: PERMIT is issued (conditionally) Prrmif Tune /CAMAAr redoe Re MITI: CAMA iL 4- http://dcm2.enr.state.nc.us/demedaits/major/view/MajBrowseNew.aspx 9/2712018