142-96 Port Charlie's Restaurant

Permit Class
NEW
STATE
Department of Env
Resources
' n' = } r
P�Il�ity'
for Vh r
Major Development in an Atrea.`of Env_iionmental Concern
pursuant to NCGS 113A=118.: ' x
Excavation and/or filling pursuant to NCGS 113-229
Issued toPort Charlie's Restaurant, 317 West Bay Street, Southport, NC 28461
authorizing development in Brunswick County at AIWW at 317 W. Bay Street, Southport
PermitNumber
142-96
as requested in the permittee's application dated7/22/96 including attachedworkplan
drawing dated received 8/12/96.
This permit, issued on \'l _ --- A--Q L , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, may become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public
trust waters without permit modification.
attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31. 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEi3NNR and the
Chairman of the Coastal Resources Commission.
er . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

r'
Port Charlie's Restaurant
ADDITIONAL CONDITIONS
Permit#142-96
Page 2 of 3
3) No portion of the permitted structure may extend closer than 85 feet to the edge of the federally
maintained channel.
4) The permittee shall install and maintain, at his expense, any signal lights or signals prescribed by
the U.S. Coast Guard, through regulation or otherwise, on authorized facilities. At a minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during
periods of darkness or inclement weather.
NOTE: Pursuant to N.C.G.S. 146-12, the permittee may apply to the Department of
Administration's State Property Office for a voluntary easement for structures located
over or upon State-owned lands covered by navigable waters.
General
5) No excavated or fill material will be placed at any time in any waters or vegetated wetlands.
6) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the
United States for the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such
structures and improvements at his own expense in the event that, in the judgement of the U.S.
Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time
for any purpose within the scope of the easement. Permanent buildings will not be constructed
within the easement.
7) This permit does not authorize the interference with any existing or proposed Federal Project,
and the permittee shall not be entitled to compensation for damage or injury to the authorized
structure or work which may be caused from existing or future operations undertaken by the
United States in the public interest.
8) No attempt will be made by the permittee to prevent the free and full use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
9) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third parry.
10) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats. The permittee shall not
hold the United States liable for any such damage.

f,
Port Charlie's Restaurant
ADDITIONAL CONDITIONS
Permit 9142-96
Page 3 of 3
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
960865.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199606220.

Permit Class
'
STATE
Department of Env
Resources
a�
f �rri�it�
%
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118._':-=„ =
Excavation and/or filling'putsuant to NCGS 113-229
Issued toPort Charlie's Restaurant, 317 West Bay Street, Southport, NC 28461
Permit Number
142-96
authorizing development in Brunswick County at AIWW at 317 W. Bay Street, Southport
as requested in the permince's application dated7/22/96 including attached workplan
dated received 8/12/96.
This permit, issued on \ kl _ %-- A- _q 3. , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, may become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public
trust waters without permit modification.
(See attached sheets for Additional Conditions)
This permitaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
er . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

1-
Port Charlie's Restaurant Permit#142-96
Page 2 of 3
ADDITIONAL CONDITIONS
3) No portion of the permitted structure may extend closer than 85 feet to the edge of the federally
maintained channel.
4) The permittee shall install and maintain, at his expense, any signal lights or signals prescribed by
the U.S. Coast Guard, through regulation or otherwise, on authorized facilities. At a minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during
periods of darkness or inclement weather.
NOTE: Pursuant to N.C.G.S. 146-12, the permittee may apply to the Department of
Administration's State Property Office for a voluntary easement for structures located
over or upon State-owned lands covered by navigable waters.
General
5) No excavated or fill material will be placed at any time in any waters or vegetated wetlands.
6) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the
United States for the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such
structures and improvements at his own expense in the event that, in the judgement of the U.S.
Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time
for any purpose within the scope of the easement. Permanent buildings will not be constructed
within the easement.
7) This permit does not authorize the interference with any existing or proposed Federal Project,
and the permittee shall not be entitled to compensation for damage or injury to the authorized
structure or work which may be caused from existing or future operations undertaken by the
United States in the public interest.
8) No attempt will be made by the permittee to prevent the free and full use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
9) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
10) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats. The permittee shall not
hold the United States liable for any such damage.

01
Port Charlie's Restaurant
ADDITIONAL CONDITIONS
Permit #142-96
Page 3 of 3
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
960865.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199606220.

Permit Class
NEW
STATE
Department of Enr
Resources
X for s�47 J
Major Developmenfih anArea of Envtronmental Concern
pursuant to NCGS 113A-1-1
Excavation and/or filling pins t to NCGS 113-229
Issued toPort Charlie's Restaurant, 317 West Bay Street, Southport, NC 28461
authorizing development in Brunswick County at AIWW at 317 W. Bay Street, Southport
dated received
Permit Number
142-96
as requested in the pennittee's application dated7/22/96 including attached workplan
12/96.
This permit, issued on \ Cl _ %.--z". _ct L , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Docking_ Facility
1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
2) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, may become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public
trust waters without permit modification...
attached sheets for Additional Conditions)
This permit_action may be appealed by the permitee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance workor project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31. 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
er . Scheeler, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Port Charlie's Restaurant
ADDITIONAL CONDITIONS
Permit#142-96
Page 2 of 3
3) No portion of the permitted structure may extend closer than 85 feet to the edge of the federally
maintained channel.
4) The permittee shall install and maintain, at his expense, any signal lights or signals prescribed by
the U.S. Coast Guard, through regulation or otherwise, on authorized facilities. At a minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during
periods of darkness or inclement weather.
NOTE: Pursuant to N.C.G.S. 146-12, the permittee may apply to the Department of
Administration's State Property Office for a voluntary easement for structures located
over or upon State-owned lands covered by navigable waters.
General
5) No excavated or fill material will be placed at any time in any waters or vegetated wetlands.
6) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the
United States for the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove such
structures and improvements at his own expense in the event that, in the judgement of the U.S.
Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time
for any purpose within the scope of the easement. Permanent buildings will not be constructed
within the easement.
7) This permit does not authorize the interference with any existing or proposed Federal Project,
and the permittee shall not be entitled to compensation for damage or injury to the authorized
structure or work which may be caused from existing or future operations undertaken by the
United States in the public interest.
8) No attempt will be made by the permittee to prevent the free and full use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
9) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
10) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats. The permittee shall not
hold the United States liable for any such damage.

Port Charlie's Restaurant
ADDITIONAL CONDITIONS
Permit 9142-96
Page 3 of 3
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
960865.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199606220.

Form DCM-MP-I
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Ward Mini Warehouse Co, Inc.
Name t/a Port Charlies Restaurant
b. City, town, community or landmark
Southport, NC
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address 317 W. Bay St.
e. Name of body of water nearest project (e.g. river,
City Southport State NC creek, sound, bay) Intercoastal Waterway
Zip 28461 Day Phone [phone]
Fax [phone]
3. DESCRIPTION AND PLANNED USE
J U L 2 41"- OF PROPOSED PROJECT
b. Authorized Agent: DIVISIO;J OF
COASTAL MANAU a. List all development activities you propose e
Name John L Barbee, Sr. P Y P P (•g•
Address 115 N. Howe St.
City Southport State NC
Zip 28461 Day Phone
910-457-6769
c. Project name (if any) Port Charlies Restaurant
NOYE: Per"di %W be issued in ww of lwsdo r(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
budding a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Replace old pier or dock which
was dorn down 3/93,
b. Is the proposed activity maintenance of an existing
project, new work, or both? Rnth
c. Will the project be for public, private or commercial
use? commercial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
Straighten existing piling and re-
build docks
Revised 03/95

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER city sewer
CHARACTERISTICS JUL 2 4 1996
M. ut—RtO N OF
a. Size of entire tract .75 acres "'ASTAI_ htANAGWEiSescribe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) • 75 acres wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW or snrfarA ,,,n ff inrn O,+�T system
NWL 13'
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
Excessively drained soil Southport City water supply
e. Vegetation on tract St. Agustin grass
f. Man-made features now on tract restaurant
parking lot, walk way dock
g. What is the CAMA Land Use Plan land
classification of the site? (Cawult the local land we plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
commprrial
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificale, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
If yes, has a delineation been conducted? no
(Atach documentation, if available)
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
site. Include highway or secondary road (SRJUL 2 11
numbers, landmarks, and the like. IISIGf 6. CERTIFICATION AND PERMISSION
STAL MANAGTO ENTER ON LAND
• A Stormwater Certification, if one is necessary
• 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name John Floyd
Address PO Box 10026, Southport, NC 28461
Phone [phone]-9761
Name American Fish Co.
Address PO Box 11047, Southport, NC 28461
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Charles H Perry & wife Karen Z Perry
(number unknown)
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
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.
This is the i day of V , 19 W .
Print Name
John L. Barbee, Sr.
Signature &.
L�ror uhorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM-MP-4
STRUCTURESJUL 2 4 1996
(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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1)
X Commercial _Community _ Private
(2)
Number 1
(3)
Length 100,—
(4)
Width
(5)
Finger Piers X Yes _No
(i) Number 5
(ii) Length 20'
(iii) Width 41
(6)
Platform(s) _ Yes X No
(i) Number
(ii) Length
(iii) Width
(7)
Number of slips proposed 9
(8)
Proximity of structure to adjacent riparian
property lines adjacent
(9)
Width of water body 300,
(10)
Water depth at waterward end of pier at
MLW or NWL 8'
b. Boathouse (including covered lifts) NONE
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) NONE
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) NONE
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3)
Maximum distance beyond MHW, NWL or
wetlands
DIVISION OF
COASTAL MANAGEMENT
e. Mooring buoys NONE
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body -
(5) Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (60, mooring pilings, etc.)
(1) _J_ Commercial _Community _ Private
(2) Number 27
() Length
(44) Width
g. Other (Give complete description)
Port Charlies Restaurant
A ficant or Project Name
S lure
712 APU
Date
Revised 03/95

SION
STREET FN — —
BA Right Of W°y
— N 8700'00' E a700 Od E
111.34' TO THE WESTERN
R/W LINE OF CASWELL ST.
EXTENDED.
PORT
CHARLIE'$
RESTAURANT
S 8700W/ j v FLOYD
y12.00' m(Reputed Owner)
at u x
u u,
o_
J 24
41'
AMERICAN FISH COMPANY
(Reputed Owner) DECK
W W W W W
i W W W W W W W W W
W Z W W W X W W W W W W
cn
Z
W N
m
y W W • A W W W W W W
W W W L
W W
24'+/—
PROPOSED PIER _
1 O
1 N
No 0 4 O •o
v
z y rn PROPOSED
NOTE: y N oo FINGER PIERS
ALL SURVEY INFORMATION WAS Z i 0
TAKEN FROM A PLAT OF SURVEY rcn
BY ROBERT B. MCHENRY, R_L.S. L-839, m £
DATED NOVEMBER 1985, FOR WARD MINI —
WAREHOUSE CO., INC.
ATLANTIC INTRACOASTAL WATERWAY
SITE
ATLANTIC INTRACOASTAL WATERWAY
VICINITY MAP — NOT TO SCALE
PLAT FOR
John L. Barbee
CITY OF SOUTHPORT
SMfTHVILLE TOWNSHIP
BRUNSWICK COUNTY
STATE OF NOTRH CAROLINA

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary 1D E H N FR
Roger N. Schecter, Director
October 24, 1996
Port Charlie's Restaurant
317 West Bay Street
Southport, NC 28461
Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
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 require
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.
Very sincerely,
1
r Ceti ..
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, I�y� FAX [phone]
Raleigh, North Carolina 27611-7687 N��C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/l0°k post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
W ILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
October 22, 1996
Regulatory Branch
Action ID No. 199606220
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of John Barbee, Sr. for a Department of the
Army permit to maintain and construct additions to a March 1993 damaged pier
on the Intracoastal Waterway, at Port Charlie's Restaurant, at 317 W. Bay
Street in Southport, Brunswick County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
3. The permittee's scheme of development, of which the authorized work
is a part, contemplates the presence of structures and their attendant
utilities on lands subject to an easement in favor of the United States for
the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to
remove such structures and improvements at his own expense in the event that,
in the judgment of the U.S. Army Corps of Engineers acting on behalf of the
United States, the lands are needed at any time for any purpose within the
scope of the easement. Permanent buildings will not be constructed within the
easement.
4. This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
States in the public interest.
S. No attempt will be made by the permittee to prevent the full
free use by the public of all navigable waters at or adjacent to the
authorized work. Use of the permitted activity must not interfere wit
public's right to free navigation on all navigable waters of the Un'
States.
T,
0,
YV
r
and
�� y

6. Approval of the structure was based on determination that there
would be no obstruction to navigation. Under conditions existing in the
Atlantic Intracoastal Waterway (AIWW), a possibility exists that the structure
may be damaged by wave wash from passing vessels. Unreasonable slowing down
of vessel traffic cannot be required because it would tend to nullify the
navigational benefits on which the AIWW was justified. Issuance of this
permit should not be construed as relieving the permittee of taking proper
steps to insure that both the structure and moored boats will not be damaged
by wave wash normally to be expected in the AIWW. The permittee will not hold
the United States liable for any such damage.
7. The permittee will maintain the authorized work in good condition
and in conformance with the terms and conditions of this permit. The
permittee is not relieved of this requirement if he abandons the permitted
activity without having it transferred to a third party.
8. This Department of the Army permit does not obviate the need to
obtain other Federal, State, or local authorizations required by law.
9. This permit does not grant any property rights or exclusive
privileges.
10. In issuing this permit, the Federal Government does not assume any
liability for:
a. Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of
current or future Federal activities initiated on behalf of the general
public.
c. Damages to other permitted or unpermitted activities or
structures caused by the authorized activity.
d. Design and construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
Questions or comments may be addressed -to the undersigned at telephone
[phone].
sincerely,
J *frey PRichter
Project Manager
Wilmington Regulatory Field Office
F

Copies Furnished:
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA28402-1890
REPLY TO
ATTENnON OF
October 31, 1996
Regulatory Branch
Action ID No. 199606220 and State Permit No. 142-96
John Barbee, Sr.
Port Charlie's Restaurant
115 North Howe Street
Southport, North Carolina 28461
Dear Mr. Barbee:
Reference your application for a Department of the Army permit to
maintain and construct additions to a March 1993 damaged pier adjacent to the
Atlantic Intracoastal Waterway, at Port Charlie's Restaurant, at 317 W. Bay
Street in Southport, Brunswick County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

Copies Furnished (with enclosure):
Chief, Source Data Unit
NOAA/National Ocean Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
John Parker
ivision of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

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(Reputed Owner)
NOTE
ALL SURVEY INFORMATION WAS
TAKEN FROM A PLAT OF SURVEY
BY ROBERi' B. MCHENRY, R.L.S. L-839,
DATED NOVEMBER 1985, FOR WARD MINI -
WAREHOUSE CO., INC.
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CITY OF SOUTHPORT
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BRUNSWICK COUNTY
GE OF NOTRH CAROLINA

NC LEIS WO ENV"CI Fax:9i_1—,?,;—°°�9`=a Oct, 30 '96 10:03 F.05/05
Division of Wator Quality
October 30, 1996
14i_�'YLC1A3��IT Jig 11�A
To: John Parker, DC/D4
From: John Dorney, DRZr)
Re: Water Quality comments
John Barbee/Port Charlie's Restaurant
DWQ #960908
Brunswick County
The Division of Water Quality has reviewed the pier maintenance and addition project
and has no objections to the issuance of a CAMA Permit. Please call me at 733-1786 if
you have any questions.
cc: Wihnington DWQ Regional Office
Central Files
Envir=ental Sciences Branch Water Quality Section,

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAUPROCESSING RECORD
a
APPLICANT: Port Charlie's Restaurant/John Barbee COUNTY: Brunswick
LOCATION OF PROJECT: 317 West Bay Street, Southport
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 09/03/96
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A
FIELD REPRESENTATIVE: Jerry A. Parker DIS E: Wilmington
DISTRICT MANAGER REVIEW:
PqWE
�eB) DATE APPLICATION RECEIVED IN REC'D: $PUBLIC NOTICE REC'D: L/ dF I TE:ADJ. RIP. PROP NOTICES REC'D: D:
APPLICATION ASSIGNED TO: 9�9- ¢ _c G
C) 75 DAY DEADLINE: �6 " �lE 150 DAY DEADLINE:
MAIL OUT DATE: — — STATE DUE DATE: D
-4C
FEDERAL DUE DATE: D - ► �- 9G FED. COMMENTS REC'D: I0 A qG
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
cl, y_
Div. of Community Assistance
— /
10
Land Quality Section
Div. of Env. Management
State Property Office
II _aC lY
`I
Div. of Archives & History iC v
S 9
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/
VQ11`4
o6rc-A,
Div. of Env. Health
Div. of Highways
%D _((
i
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries
14 - V,(

Recommendations for State Permit - Port Charlie's Restaurant/John Barbee, Sr. 09/03/96
Since the proposed project is in an area zoned for commercial development, it does not appear to be
inconsistent with CAMA rules and regulations nor local ordinances. Similar projects have previously
been permitted by the Division.
I have no objections to proposed project subject to the following conditions.
1) No sewage, whether treated or untreated, shall be discharged at any time from boats
using the docking facility. Any sewage discharge at the docking facility shall be
considered a violation of this permit for which the permittee is responsible. This
prohibition shall be applied and enforced throughout the entire existence of the permitted
structure.
2) This permit authorizes only the docks, piers, and uses located in or over the water that
are expressly and specifically set forth in the permit application. No other structures,
whether floating or stationary, may become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures may be
conducted on, in or over public trust waters without permit modification.
`3) No attempt will be made by the permittee to prevent full and free use by the public of
all navigable waters at or adjacent to the authorized work.
4) The entire structure, including pilings, shall not extend closer than 85 feet to the near
edge of the federally maintained channel.
i5) The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities.
6) This project does not authorize the interference with any existing or proposed Federal
project, and, the permittee will not be entitled to compensation for damage to the
authorized structure or work, or injury which may be caused from existing or future
operations undertaken by the United States in the public interest.
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during
hours of darkness or inclement weather.

Stat0 01%orth Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
TO: Zoe D.
A4
E:>FEE HNR
September 3, 1996
60 John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE
Applicant: John Barbee/Port Charlie's Restaurant
Project Location: 317 West Bay Street, Southport, Brunswick County
Proposed Project: maintenance & additions to pier damaged by storm of March 1993 by straightening
or replacing existing pilings and adding a 100' x 6' T-Head with five finger piers to create 9 slips
Please indicate below your office's position or viewpoint on the proposed project and return this form
by Sept 24, 1996. If you have any questions regarding the proposed project, please contact Jerry Parker
at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the
W IVER
SEP 17 1y96
U, -
MANAGEMENT
SIGNED DATE 9i 9
127 Cardal Zve Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

FH NF-1
MEMORANDUM
TO: John R. Parker, Major Permits Processing Coordinator
___-_.cc:_P_reston..Pate,_C.R.Stroud, Jr.,.J.A.Parker__.
FROM: Zoe D. Bruner, DCM District Planner
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Barbee/Port Charlie's Rest., Southport
DATE: September 16, 1996
This permit consistency opinion is based on my review of the Port Charlie's
Restaurant/John Barbee permit application, the Field Investigation Report (J.A. Parker)
and my understanding and interpretation of the policies presented in the City of Southport
Land Use Plan.
The applicant proposes maintenance and additions to a commercial pier damaged by a
storm in March, 1993 by straightening or replacing existing pilings and adding a 100' x 6'
T-Head with five finger piers to create nine boat slips. The location and complete
description of the project are in the Field Investigation Report.
LAND USE CLASSIFICATION: Conservation (AEC's)/Developed Mixed Use adjacent
RELATED POLICIES AND IMPLEMENTATION MEASURES:
Marina and Floating Home Development:
Southport will allow the construction of marinas, including upland marinas, within its
planning jurisdiction which satisfy the use standards for marinas as specified in 15A NCAC
7H. This shall include marinas proposed for location within Conservation areas..
CONSISTENCY OPINION:
Although this 9-slip project does not qualify as a "marina", the policy above indicates the
City's support for recreational boating facilities along the harbor area. The only
requirement of the City is that any proposed project meet the letter and intent of the
standards set forth in 15A NCAC 7H. This project will be consistent with the Land Use
Plan when all comments submitted are considered, and when all conditions placed on the
permit are met.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
APPLICANT:
September 17, 1996
Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
John Parker, Jr.
Major Permits Processing Coordinator
A�WAA
EDEHNFR
0.
CAMA/DREDGE & FILL Permit Application
Port Charlie's Restaurant/John Barbee
PROJECT LOCATION: 317 W.Bay St., Southport, Brunswick Co.
SEP 1996
Received
no
gnerty Or6ce
r' OCT 3 1996
CUAS(AL
A4,�?i;GEfiIEI1i
PROPOSED PROJECT: Proposes maintenance and additions to pier damaged by storm in March.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 8, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY�Z This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This ag cy ob is to the project for reasons described in the attached comments.
Signed Date to
,p�:��_.. h�
�W 'tuSDZ-- FAX[phone]
Raleigh, North Carolina 27611-7687�An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

a` Division of Cocstal Manageme
�V �CTJame1 :.
B. Hunt, Jr., Governor
Jame
x • 'r°' Jonathan B, Howes, Secretary
Roger N. Schecter, Director DIV. OF
September 16, hprliTq
RdEiIOR�1'Dl it RE C E IV E D
TO: i`45. Linda Sewall, Director SEP 19 1996
Division of Environmental Health Dt1t, OF Unuho,�WF F N6
FROM: John Parker, Jr,
1\•lajor Permits Processing Coordinator
SUBJ-ECT: CA-NIA/DREDGE & FILL Permit Application Review
APPLICANT: Port Charlie's Restaurant/John Barbee
PROJECT LOCATION: 317 W. Bay Street, Southport, BrunsiNick Co.
PROPOSED PROJECT: Proposes maintenance and additions to pier damaged by storm in 1`larch, 1993
Please indicate below vow agency's position or viewpoint on the proposed project and ratan F,env. by
October 7, 1996. If ;lnu have any questions regarding the proposed project, please ec r:.... ^rke*
at 733-2293. %Mien appropriate, in-depth comments with supporting; data are regtt,asted-
REPLY_, This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
C
This agency approves of the project, only it the rcc-u ntrjende d ulge ,arc
incorporated. See attached.
TW.5 agen,-)' Objects to the project for reasons described in. the attached i•' nmecits.
SignrJ r7?rw f%= -- Date,-
A/v
P.O Box 27687.
Rule.gh, Ncnh C=Lno 276i 1-7687
Vo cc, 019 23-; -.,
T� r� 191oa'i; !s5
A. tQ .a '!_... ;.in�l V:.iry : ._t;vs �."it0'i ❑",pi.',yt�r
A

State .6f Norih Carolina
Department of Environment, j���-a��,�
Health and Natural Resource fl
Wilmington Regional Office SEP 03 1996 JU
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
r)A
E:)EHNR
September 3, 1996
TO: Mr. A. Preston Howard, P.E., Director
Division of Water Quality
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: John Barbee/Port Charlie's Restaurant
Project Location: 317 West Bay Street, Southport, Brunswick County
Proposed Project: maintenance & additions to pier damaged by storm of March 1993 by straightening
or replacing existing pilings and adding a 100' x 6' T-Head with five finger piers to create 9 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 24, 1996. If you have any questions regarding the proposed project, please contact Jerry Parker
at extension 254. When appropriate, in-depth comments with supporting data is requested.
/ 'IIIM.
REPLY: V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
Q� SEQ�p2a6MEHS
SIGNDATE
[dED �Q / 1M
Ole() Lit$5
'
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax 910-3 -
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes
Governor WATER QUALITY SECTION Secretary
September 4, 1996
Mr. John L. Barbee, Sr., Agent
115 North Howe Street
Southport, North Carolina 28461
Subject: Port Charlies Restaurant
Brunswick County
Dear Mr. Barbee:
The Wilmington Regional Office received a copy of the CAMA Major Permit Application for Port Charlies
Restaurant on September 3, 1996. Staff review of the plans and specifications has determined that the currently
proposed development activity of replacing a pier destroyed during Hurricane Bertha will not pose a threat to
surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and
approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the
stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing
you that your project will not require a stormwater management permit.
Please keep in mind that this determination does not relieve you of your legal responsibility to obtain other
permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Areas
Management Act, Federal, State, or Local Governments. In addition, any future modifications to the project will
require additional review from this Office to assure that stormwater impacts are not an issue.
If you have any questions or need additional information concerning this matter please contact Ms. Linda
Lewis at [phone].
Sincerely,
tm Bushardt, P.E.
Acting Regional Water Quality Supervisor
JBB/arl: S:\WQS\STORMWAT\CAMA\PORTCHAR.SEP ��� 11 I2
cc: Jerry Parker, DCM
John Parker, DCM Raleigh � �eC % Efl
Delaney Aycock, Brunswick County Building Inspections S PP 26 1996
Wilmington Regional Office ��,,,,;,
MANAGE 57ENT
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 • Telephone [phone] • Fax
An Equal Opportunity Affirmative Action Employer

Fa
State of North Carolina
Department of Environment, FT V x ;111 1 FAA
Health and Natural Resources 4 •
Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary 1D E H N FR
Roger N. Schecter, Director
September 16, 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Port Charlie's Restaurant/John Barbee
PROJECT LOCATION: 317 W. Bay Street, Southport, Brunswick Co.
PROPOSED PROJECT: Proposed maintenance and additions to pier damaged by storm in March,
1993.
Please indicate below your agency's position or viewpoint on the proposed and return this form by October
7, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-
2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
1/ This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed�—Ltj Date l P% — % —
P.O. Box 27687, N�FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Afflrmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
r4 0
IL
C)EHNR
September 3, 1996
TO: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: John Barbee/Port Charlie's Restaurant
Project Location: 317 West Bay Street, Southport, Brunswick County
Proposed Project: maintenance & additions to pier damaged by storm of March 1993 by straightening
or replacing existing pilings and adding a 100' x 6' T-Head with five finger piers to create 9 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 24, 1996. If you have any questions regarding the proposed project, please contact Jerry Parker
at extension 254. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
L. 'his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
11II
c�
QED
cc SfP S 1996
T
�j
SIGNED DATE_2k9
g
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State, of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
A4�
[DFEE HNFi
September 3, 1996
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: John Barbee/Port Charlie's Restaurant
Project Location: 317 West Bay Street, Southport, Brunswick County
1ECEIVE0
SEP 13 1996
L" .� R.
h ANA;_I`,c_NT
Proposed Project: maintenance & additions to pier damaged by storm of March 1993 by straightening
or replacing existing pilings and adding a 100' x 6' T-Head with five fmger piers to create 9 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 24, 1996. If you have any questions regarding the proposed project, please contact Jerry Parker
at extension 254. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
IThis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
JI
SIGNED _ DATE SEPT S 1�9G
127 Cardinal Drive Extension,_Wi ington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
1� a
IDEHNR
1
September 16, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM:
SUBJECT:
APPLICANT:
John Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Port Charlie's Restaurant/John Barbee
PROJECT LOCATION: 317 W. Bay Street, Southport, Brunswick Co.
RECEIVED
OCT 2 1996
GUNJIAL
MANAGEMENT
PROPOSED PROJECT: Proposes maintenance and additions to pier damaged by storm in March,
1993.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 7, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
llG This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described/ in the attached comments.
Signed � Date �/ J/f
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 Ni" C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
4*13111IX411119
September 16, 1996
Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
John Parker, Jr.
Major Permits Processing Coordinator
1' •ram
IDEHNFR
CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Port Charlie's Restaurant/John Barbee
PROJECT LOCATION: 317 W. Bay Street, Southport, Brunswick Co.
RECF►vE�
WT tss'3
PROPOSED PROJECT: Proposes maintenance and additions to pier damaged by storm of March,
1993.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 7, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agen y obj s to the project for reasons described in the attached comments.
Signed I� Date
19-733-1495
P.O. Box 27687, ���,.� FAX 9 Affirmative
Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 z 50% recycled/ 10% post -consumer paper

September 18, 1996
MEMORANDUM
SLP 2 5 1996 U
DW-PUB. TUSUBLANDS
�\Ml I ''�.
TO: P. A. "Ski" Wcjciechowski
Division of Marine Fisheries
r.
FROM: John Parker -.. "96
Major Permits Processing Coordinator >�
SUBJECT: CAMA/Dredge and Fill Permit Application Review
APPLICANT: Port Charlie's Restaurant/John Barbee
PROJECT LOCATION: 317 W. Bay St., Southport, Brunswick Co.
PROPOSED PROJECT: Proposes maintenance and additions to pier damaged by storm of
March of 1993.
Please indicate below your agency's position or findings on the proposed project as it relates
to matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used only
for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or design
now —
There appear to be public trust conflicts that require additional investigation.
Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
Signed �;�/K Date 4;; �2-T ��

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
AL7
IDEHNFR
September 16, 1996
MEMORANDUM j1 121� ';
TO: Ms. Renee Gledhill -Earl j�tJCT 17 j996
Environmental Review Coordina .1 �;;�
Division of Archives and History�--\ 1A096,111,
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Port Charlie's Restaurant/John Barbee
PROJECT LOCATION: 317 W. Bay Street, Southport, Brunswick Co.
c
PROPOSED PROJECT: Proposes maintenance and additions to pier damaged by storm in March,
1993.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 7, 1996. If you have any questions regarding the proposed project, please contact John Parker
at 733-2293 when appropriate, in-depth comments with supporting data are requested.
REPLY
This agency has no objection to the project as proposed. 4-kc -�K14 pz� —
lt fed ► L&tD , aw l
This agency has no comment on the proposed project. J.C�C� U_1d� VV){ ,a60crWOq
QE*,c+ Ae.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed Pa4_0_ Date i51- I l0
SEP 2 0 1996 AW, 2 0 SAP `1996
Box 27687, N
,.FAX [phone]
Raleigh, North Carolina 27611-7687 r� An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293R7777fR!7 50% recycled/10% post -consumer paper

, � l
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
October 15, 1996
MEMORANDUM
TO: ,John R. Parker Jr., Chief
Major Permits Processing Section
Division of Coastal Management , DEHNR
Lt. Colonel Terry R. Youngbluth, District Engineer
Army Corps of ETrgiQeers, Wilmin on District
FROM: David Brook
Deputy State Kistoric Preservation Officer
SUBJECT: Port Charlie's Restaurant/John Barbee, 317 West
Bay Street, Southport, Brunswick County, ER 97-
7463
Division of Archives and History
Jeffrey J. Crow, Director
We have reviewed the application for the maintenance and addition to an existing
pier at the Port Charlie's Restaurant within the National Register -listed Southport
Historic District. Given the nature of the project, we believe it will not adversely
affect the historic property and have no objection to the proposed undertaking.
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, please contact Renee Gledhill -Earley, environmental
review coordinator, at 919/733-4763.
DB:slw
109 East Jones Street • Raleigh, North Carolina 27601-2807 �3 g

State of North Carolina
Department of Environment,
Health, and Natural Resources AFT W.9
1
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary [D E H N R
Bruce L. Freeman, Director
18 October 1996
MEMORANDUM
TO: John R. Parker
DCM Major Permits Processing Coordinator
FROM: P.A.. Wojciechowski
SUBJECT: DREDGE AND FILL PERMIT _
John Barbee/Port Charlie's Restaurant
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of'Nbrtli Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
XMWA
Ad
IDFEE H[NJ F%
September 3, 1996
TO: Mr. Bruce Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: John Barbee/Port Charlie's Restaurant
Project Location: 317 West Bay Street, Southport, Brunswick County
Proposed Project: maintenance & additions to pier damaged by storm of March 1993 by straightening
or replacing existing pilings and adding a 100' x 6' T-Head with five finger piers to create 9 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept.24, 1996. If you have any questions regarding the proposed project, please contact Jerry Parker
at extension 254. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED n�\ \ (�t1'� DATE �1— 10
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Division of Water Quality
October 30, 1996
To: John Parker, DCM
,��--'
From: John Domey, DIO
Re: Water Quality comments
John BarbeeMort Charlie's Restaurant
DWQ #960908
Brunswick County
The Division of Water Quality has reviewed the pier maintenance and addition project
and has no objections to the issuance of a CAMA Permit. Please call me at 733-1786 if
you have any questions.
cc: Wilmington DWQ Regional Office
Central Files
No Il4,1996
w"IENT
Environmental Sciences Branch Water Quality Sectior.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: John Barbee\Port Charlie's Restaurant
2. LOCATION OF PROJECT SITE: Port Charlie's Restaurant 317 W. Bay Street, Southport
in Brunswick Co., NC.
Photo Index -1995: 9-78 F,G 10 1989:184-3 I,J 10 1984:10-102 T,U 20
State Plane Coordinates - X: 2296600 Y: 61400
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5-21-96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 09/03/96
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Commercial
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - N\A
Planned - N/A
M Type of Structures: Existing - Restaurant, 6' X 75' pier
Planned -100' X 6' T-Head with five 20' X 4' finger
piers
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
. Open Water incorporated
2600 sq.ft.
(C) Other
(D) Total Area Disturbed: 2600 sq. ft.
(E) Primary Nursery Area: No
(I) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes maintenance and additions to pier damaged
by storm in March of 1993 by straightening or replacing existing pilings and adding a 100' X
6' T-Head with five finger piers to create nine slips.

Port Charlie's Restaurant/John Barbee
Page 2
9.
Port Charlie's is located at 317 W. Bay Street in Southport, NC in Brunswick County on AIWW. The
lot is 0.75 acres and borders the Atlantic Intracoastal Waterway on it's southern boundary. There is
an existing restaurant on the property from which an existing storm damaged 75' X 6' pier extends just
beyond the coastal wetlands into the waterway.
The AIWW is approximately 300 feet wide in the project area. It is classified as SA by the'N.C.
Division of Environmental Management, and is CLOSED to the harvest of shellfish. The N.C. Division
of Marine Fisheries has not designated this area as a Primary Nursery Area. Tidally inundated coastal
wetlands consisting almost entirely of Smooth Cordgrass S artina alternifloral exists between the
restaurant and AIW W, but all construction except maintenance is proposed to take place waterward of
the vegetated wetlands. The proposed project meets the 1\3 rule.
The applicant proposes to repair and modify a commercial pier to be used by designees of the applicant
and transient restaurant clientele. The proposal is to construct a 100' X 6' T-head perpendicular to the
end of the 6' X 75' existing pier, including five finger piers so as to create nine boat slips. The
applicant would also like to make repairs to the existing pier by straightening or replacing defective
pilings. The entire structure including pilings is proposed to be at least 85 feet from the near.edge of
the federally maintained channel. On the western end, the T-head will extend into the 15 foot riparian
corridor, however, waivers have been granted from both riparian neighbors.
10. ANTICIPATED IMPACTS
The proposed structure would incorporate approximately 2600 square feet of Estaurine and Public Trust
Waters. During the maintenance of the pier, there would be some trampling of marsh vegetation along
the alignment of the pier and some short-term turbidity associated with the installation of pilings.
Since there will be no additional pier construction over vegetated wetlands there should be no additional
impact from shading nor any incorporation of new coastal wetlands. No long-term adverse impacts are
anticipated from the project.
Submitted by: J. A. Parker Date: 09/03/96 Office: Wilmington

July 9, 1996
The purpose of application is
March 1993 storm. Docks to be
included in this package.
�CLYJ,,
JUL 2 4 1990-"J
DIVISION OF
COASTAL MANAGEMENT
NARRATIVE
to replace dock destroyed during the
repaired are as per drawing and photos
Docks are to be 95 feet long & 6 feet wide with 5 201x4l finger piers
with use of existing pilings and 10 new or replacement pilings.
1

EIE�
11CH7TK
DESCRIPTION OF SITE JUL 2 4 1996 J
ION
The subject property is an improved site located on the south si�� Vof
11IS r SIt O— —
Southport, North Carolina. The appraised property is located in a Fc 1 ment and
overlooks the Atlantic Intracoastal Waterway.
Based on calculations from both furnished information and available public records, the rectangular
shaped property consists of .75 acres. The area contains 120 feet of frontage on Bay Street (the rear,
North boundary), 274 feet on the East boundary and the West boundary and 120 feet on the South
boundary (fronting the Atlantic Intracoastal Waterway) fora total area of approximately 32,880 square
feet.
The term "site" refers to raw land that has been developed or prepared to be developed with
permanent improvements.
The analysis of the site normally includes analysis of six major components: physical characteristics,
location, legal and governmental considerations, economic factors, off -site improvements, on -site
improvements.
PHYSICAL CHARACTERISTICS
FRONTAGE ON BAY STREET ......................................... 120 FEET
APPROXIMATE AREA ................... 0.75 ACRES
COMMENTS .......................... TYPICAL FOR COMMERCIAL USE IN AREA
SHAPE ................................... RECTANGULAR, TYPICAL FOR AREA
TOPOGRAPHY ....................... AT GRADE, LEVEL, EXCESSIVELY DRAINED
SOILCOMPOSITE..........................................................
♦ Wando-Urban land complex (WdB) ................. EXCESSIVELY DRAINED SOIL
DRAINAGE,SIDE AND REAR .................... ADEQUATE, TYPICAL. FOR AREA
FLOOD ZONE
PROPERTY IN FEMA ZONE V13
...........................................
ELEVATION 13
FLOOD HAZARD AREA .................................................. YES
FEMA MAP NUMBER ................. COMMUNITY PANEL NUMBER 370028 0003 C
FEMA FLOOD PANEL DATE .......................................... 12/18/85
LOCATION
LINKAGES& ACCESS ......................................... AVERAGE -GOOD
BUILDING LOCATION RELATIVE TO LOT .............................. AVERAGE
VIEW ............................................. WATERWAY/COMMERCIAL
25

41%
0.4$
in
11

SITE SURVEY MAP
JUL 2 4 1996
DIVISION OF
COASTALMANAGE%
s
J-9
W
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y
� ./iL. STet/ BFAFr•re � .... N a� �- '�
N
RAY sr E'XrENslow
PLAT OF sURVEY
FO R
V,/A0r) MIA11_1./d'DCLI/111C1= P/1 TAI/`
/1/OV• /5BS
� `••.' ROl3G�RT . a• /�'1 SN,EN�t' ' �S• v 1

District 13 1E—S6 8 40 US.SCE—Reg, Branch,
Cctcbar 16, 1996
Regulatory Branch
Action ID No. 199606220
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of John Barbee, Sr. for a Department of the
Army permit to maintain and construct additions to a March 1993 damaged pier
on the Intracoastal Waterway, at Port Charlie's Restaurant, at 317 W. Bay
Street in Southport„ Brunswick County, North Carolina.
The Federal agencies have completad review of the proposal as presented
by the application and your £i�iAtr�e;t,ion report.
We recommend that the following ocndition(s) be included in the state
authorization:
1) All work authori by,thia_permit must be performed in strict
comp-lianoe with the permit plane.
J 2) No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
3) The permittee'e scheme of development, of which the authorized work
-� is a part, contamolates the presence of structures and their attendant
utilities on lands subject to an easement in favor of the United States for
the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal waterway (AIWW). P.ccordingly, the permittee will be required to
remove such structures and improvements at his own expense in the event that,
in the judgment of the U.S. Army Corps of Engineers Rating on behalf of the
United States, the '_ands are needed at. any time for any purpose within the
scope of the easement. ercnanent buildings will not be constructed within the
easement.
Q) ^_'his permit does not authorize the interference with any existing or
propoaad Federal projact, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future oparationa undertaken by the United
States In the public interest.
5) No attempt will be made byehe permittee to prevent the full and
free use by the public of all navigable waters at or adjacent to the
authorized work. use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United
Stataa.
#4

Sc1T..By:w:Imington )_Strict 101-'6-H, y:$l, L115 Cc—ReQ Brancn� ;##
6) Approval of the structure was bawd on deter.ninati�n that there
would be no obstruction to navigation. Under conditions existing in the
Atlantic Intraccastal waterway (AIWW), a possibility exists that the structure
may be damaged by wave wash from passing vessels. Unreasonable slowing down
of vowel traffic cannot be required because it would tend to nullify the
navigational benefits on whioft the AJwW was justified. Issuanc9 of this
permit should not be construed as relieving the permittee of taking proper
steps to insura that both the structure and moored boats will not be damaged
by wave wash normally to be: expected in the AIM, The permittee will not hold
the United States liable for any such damage.
7) The permittee will maintain the authorized work in good condition
and in conformance with the terms and conditions of this permit. The
permittea is not relieved of this requirement if he abandons the permitted
activity without having it transferred to a third party.
B) This Department of the Army permit does not obviate =he need to
obtain other Federal, State, or local authorizations required by law.
9) This permit does not grata any property rights or exclusive
privileges.
10) In issuing this permit, the Federal Government does not assume any
liability fort
a. Damages to the permitted projsct or uses thereof as a reault of
other permitted or urparmibted activities or from natural causes.
b. Damagea to the Permitted project or uses thereof as a result of
current or future Federal activities initiated on behalf of the general
j' public.
c. Damages to other permitted or unpermitted activities or structures
caused by the authorized activity.
work. d. Design and construction, deficiencien associated with the permitted
9. Damage claims associated with any future modification, suspension,
or revocation of this permit.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Copies Furnished:
2
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmingtcn Regulatory Field office

Division of Coastal Managemei
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
1996
DIV. OF ENV1ROry f�
September 16, 99 L HFALT11
RECEIVED
SEP 19 1996
TO: Ms. Linda Sewall, Director
Division of Environmental Health DIV or EttV1RON1i£c6,a71 HIQL7}1
FROM: John Parker, Jr. lI I
Major Permits Processing Coordinator
w RL Ell
SUBJECT: CAMA/DREDGE &FILL Permit Application Review OCT 16 1996U;AWL
fa9A?dAGe9EN1'
APPLICANT: Port Charlie's Restaurant/John Barbee r
�7
PROJECT LOCATION: 317 W. Bay Street, Southport, Brunswick Co.
PROPOSED PROJECT: Proposes maintenance and additions to pier damaged by storm in March,1993
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 7,1996. If you have any questions regarding the proposed project, please contact John Parker
at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
'This agency has no comment on the proposed project.
/ X This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
� Signed_zk4
i� Date
L -ek .
,41d cast"C470 (°l3, S ✓Gj77 Y/ /%r-y ��/�i f �'`./
WW
P.O. Box 27687, � FAX [phone]
Raleigh, North Carolina 27611-7687 N'of (f An Equal Opportunity/Affirmative Action Employer
Voice919-733-2293 50%recycled/lo%post-consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA28402- m
REPMTO
ATTENTION OF
September.30, 1996
Regulatory Branch
Action ID No. 199606220
Mr. John Barbee, Sr.
Port Charlie's Restaurant
115 North Howe Street
Southport, North Carolina 28461
Dear Mr. Barbee:
On February 11, 1991, we renewed general permit No.198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received September 4, 1996, for Department
of the Army authorization to maintain and construct additions to a March 1993
damaged pier on the Intracoastal Waterway, at Port Charlie's Restaurant, at
317 W. Bay Street in Southport, Brunswick County, North Carolina, indicates it
to be a candidate for Federal authorization under this general permit.
Accordingly, the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should You begin work.
Your application, pursuant to Section 10 of the River and Harbor Act,
has been assigned Action ID No. 199606220. It will be coordinated by the
undersigned in our Wilmington Field Office. Should you have any questions
concerning this matter, please contact me at telephone [phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Enclosure

Copies Furnished (without enclosure):
Mr: John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

DEPARTMENT OF THE ARMY
WILLIINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1880 50
WILMINGTON, NORTH CAROUNA25402-1890
nEAYTO
ATTENTION OF
Regulatory Br((a��n(clhtt (rll ^ I
Action D. `l11s��9��v Applicant ``�0C' Chc��i�cj I eST�IJCLN�
nn L J�,J County '&UtISw«kType work JQ l e C'
Waterway
Mr. Larry Hardy Mr. John Parker
National Marine Fisheries Division of Coastal Management
Service, NOAA North Carolina Department of
S
Piers Island Environment, Health and
Beaufort, North Carolina 28516 Natural Resourcespost Office Box 27687
Field Supervisor
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
Post office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365-
Raleigh, North Carolina 27611-7687
W'I\m,(N�on Regional Office
Division Coastal Management
North Carolina Department of
Environment, Health and
atura3, Resources
1'.l-1 ordl+�al �C'�vL
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before 11� c�kS \(�14(^
�
Questions or comments may be addressed to J t�� 1'1,,,
W -Irn.,.q-1• n Field Office, telephone (q10) iL,51- �-1636
Regulatory Branch, J
Sincerely,
pCC��V4Ug6 �J Jeffrey H. Richter
1�1•\9 Project Manager
C> OCjt�W Wilmington Regulatory Field Office
� QAaNa��
Enclosure
Pik W ® ReWcW Paw

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 3, 1996
Port Charlie's Restaurant
c\o John Barbee, Sr.
115 N. Howe Street
Southport, NC 28461
Dear Mr. Barbee:
�EHNR
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property, Port Charlie's Restaurant, located at 317 W. Bay Street,
in Southport, North Carolina. It was received complete on September 3, 1996, and appears to be
adequate for processing at this time. The projected deadline for making a decision is November 16,
1996. An additional 75-day review period is provided by law when such time is necessary to complete
the review. If you have not been notified of a final action by the initial deadline stated above, you
should consider the review period extended. Under those circumstances, this letter will serve as your
notice of an extended review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along your property° where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;
or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
Enclosure
cc: John Parker, DCM
Bob Stroud, DCM
Wayne Strickland, LPO
Michael Hosey, COE
Sincerely,
Je . P ker
Coastal ield Representative
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER-FORM
Ward Mini Warehouse Co, Inc.
Name Of Individual Applying For Permit: t/a Port Charlies Restaurant
Address Of Property: 317 W. Bay St.
WM.11
or
or
I hereby certify that I own property adjacent to
referenced property. The individual applying for this
described to me as shown on the attached drawing the
they are proposing. A description or drawing, with
should be provided with this letter.
% I have no objections to this proposal.
WAIVER SECTION
the above -
permit has
development
dimensions,
I understand that a pier, dock, mooring pilings, breakwater, boat
house, lift or sandbags must be set back a minimum distance of 15'
from my area of riparian access unless waived by me. (If you wish
to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15'setback requirement.
I do not wish to waive the 151setback entl
IQl 77TO 77n)
IHI 2 4 1996 ="
DIVISION OF
6 "�AGEMENT
E H N R

< - '
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION MAIVM FORM
Ward Mini Warehouse Co, Inc.
Name Of Individual Applying For Permit: t/a Port Charlies Restaurant
Address of Property: 317 W. Bay St.
(Lot or Street #, Street or Road,
I hereby certify that I own property adjacent to the above -
referenced property. The individual applying for this permit has
described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions,
should be provided with this letter.
R I have no objections to this proposal.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat
house, lift or sandbags must be set back a minimum distance of 15'
from my area of riparian access unless waived by me. (If you wish
to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15'setback requirement.
I do not wish to waive the 151setback requirement.
r With Area
E:)E HN R
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (sea front)
1. If you want this receipt postmarked, stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window or hand it to
your rural carrier (no extra charge).
2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return
address of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified mail number and your name and address on a
return receipt card, Form 3811, and attach it to the front of the article by means of the gummed
ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, '
endorse RESTRICTED DELIVERY on the from of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. It
return receipt is requested, check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and present it it you make inquiry. 10560390i9-0218

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Z 324 106 713
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
.m.0 sr.re (See Reverse)
Sent to John Floyd
Susan anf18 Box 10026
nd
P.o_sa outtF ade
NC Z8461
Postage
$ • 32
Certified F.
1. ko
Specal Dplivery Fee
i
Restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
Return Receipt Showin m,
1
Date, and Addre s
.00
TOTAL Postage
& Fees
2
Postmark or
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Iaaa front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window or hand it to
j
your rural carrier Ino extra chargel.
2
2. If you do not want this receipt postmarked stick the gummed stub to the right of the return
address of the article, date, detach and retain the receipt, and mail the article.
3. It you went a return receipt, write the certified mail number and your name and address on a
L
Ex
return receipt card, form 3811, and attach itio the front of the article by means of the gummed
in
ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number.
O
4. It you want delivery restricted to the addressee, or to an authorized agent of the addressee, Ic7p
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spates on the front of this receipt. If
LL
return receipt is requested, check the applicable blocks in item 1 of Farm 3811. to
IL
6. Save this receipt and present it if you make inquiry. 105603-a3-13a218

Z 324 106 710
Receipt for
Certified Mail
No Insurance Coverage Provided
wrmarvra Do not use for International Mail
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(See Reverse)
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Sent Ip Charlie Ferry
Suaet and
rO Bac 11046
PA.. State and ZIP Code
hr 28461
Postage
$ .32
endied Fee
1.$D
Special Dsliv Fee
Restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
Return Receipt Showing to Whom,
Date, an Atltlressee's
1 ,�
TOTAL Postage `
& Fees
Postmark Of
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Port Charlie's
RESTAURANT & LOUNGE
317 W. Bay Street • Southport, N.C. 28461 • (919) 4574395
�117115
SEP 031996
DIVISION OF
COASTAL MANAGEMENT
August 30, 1996
State of NC
Department of Environment, Health
& Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Dear Ellen:
Enclosed are the Receipts for Certified Mail, as you
requested. Please let me know if you need anything
else.
Sincerely,
C ,
ohn L. Barbee
f
± , i" - ram.

SUBJECT PHOTOGRAPHS
Southwest view of
Atlantic Intra-
coastal Waterway from
the Subject Property
a _C5
DO
_
_...
JUL 24 NZ10
-
DIVISION OF
TAL MANAGEMENT
Southeast view of
<; Atlantic Intra-
coastal Waterway from
the Subject Property

Fl
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WL-� I-
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-. I __.._. I- - . -
men r s
0629 T0621
—., Real Estate
n!N / ExrnpTlx
1l
1t..rIA 0 0 0
4 Gr i l� p
E,tcu, TAX
Tax Lot No. 2- 3 i L
Verified by
by.__.............. _. _..._ .... ...
285 9 r.. -2 P4 4: 33
F 1J. y
CIS
.JIJf_ 2 4 1996
parcel miowesSoTAL MANAGEMENT
County on the dry of is
Hail after recording to . 1 q- Q " - th e n r,G-
....................................... ......... Sb..0 >\Dof,\l ti 1. LLS�li�
Thin Instrument was prepared by Frink, Foy, .Gainey and Yount. Southport, N.C.
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this Ist day of December , fs 85 , by and between
GRANTOR
CHARLES H. PERRY AND WIFE, KAREI4
2, PERRY,
GRANTEE
WARD MINI -WAREHOUSE CO., INC., a
North Carolina cpFporation
/09 •�t�'AW
i%
I
I-
[a' r le apprgrtalr .lark I., each party: sane. •ddnq and. It appreprlad. character of tntlly. e.a terNralien or wrinenhlp
The designation Grantor and Grantee a used herein shall Include said parties, their heirs, su.cesson, and aeelgna, and
Abell Include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor• for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain. sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of Southport Smithville Township.
Brunswick County, North Carolina and more particularly described as follows:
Sea Exhihit "A" attached hereto and incorporated herein
by reference as if set forth verbatim herein.
This deed is made subject to that certain deed of trust dated
February 24, 1984 to George T. Clark, Trustee for William Law
Smith and wife, Iris Rabon Smith as recorded in Book 558 at Page
262, Brunswick County Rebistry the indebtedness of which the
Grantee by the acceptance of this deed hereby assumes.
06(jo ]

)0QK P.AOE.
0629 0063 TJUL241996
(0
DIVISION OF
COASTAL MANAGEMENT
the property her inabove described was acquired by Grantor by Instrument recorded In _... .......... ..... ....... ...... ..I.... .... ..........
A map showing the abo)r described property is recorded in Plat Book .. .... pare . _........ ...
TO HAVE AND TO ROLL he aforesaid lot or parcel of land and. all privileges and appurtenances thereto belonging to
the Grantee In fee simple.
Ant: the Grantor covenants with the Grantee. that Grantor Is seized of the p1remises in fee simple, has the right to convey
the same In fee simple, that tills is markitable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all )ertons whomsoever except fur the exceptions hereinafter slated.
Title to the property hereinabove described is subject to the following exceptions:
So much of the foregoing described property as lies below the
high water mark of the Cape Fear River is EXCEPTED from these
warranties.
w wr)Mass wHeator. me Orubr his aO.vla gel M. \aide a Ia 1 .aml M betlpla In N.
t.NrW awe by Its dulyuWlHra emus ua Its goalM beaao.N .salt uWW r the hY ea Sur IHu
.Nee .line.
................. .............................................. Y --•__ .. -_...- _._......__-_01LAL)
lCoeanu H... A
%
q• .......................... _.... X A.. ..r... (dtAL)
_____ __ _____ ____tutu__.:-_.rrr<14u '•
ATTEST,[ 1 G)
t___________________________________ISGW
_.•__-_.... ............... ;.......... ------------------------- Pi
tutu.. y.t �::•••:Ttu .�.:awuYq IC.prau enq S
V l ••
1^w
aT/l •n}�e:AMf I•`�f77 �1 HORTH ullouHA......bAIINSJdIS.K............ a..a. ��}.
�pTAR%• tt6 as'4 a Heurr eawlr of the coast, ..d Slut. aeuuu. nm4 us., .-_C}JARLES--A-- PERRY__.
:.•�: sG a .f and.w fe.-.KAREU.Z_.PERRY ........................ :...... ........................ o...N..
ser....n........ 4 buts. de. mi. s7 .n, at\...I.ar.4 IN ...asheu...1 iz.r.rsu•E I u.e...L Wells... .1
eft �. • .. Qf
••yO �+.i..+••�' `::' � \sae u/ Ufkul auq o u.L this _ 4 . ...Detembes.................... 19.85. -
.,•yC,4•
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StA4tTAHe NORTH CAIIOWHA................................... C.u.y.
i 1 1, a HNa.) really N IN C..nl) sea 91.9. aUnuld...sally WI .......
...................................
Mrs...ls) eam \etu, .4 said esY sad ask ... l.dd.d we .... ad Is ........................... 2..nIs" .1
........................................................ a reusesCarullns t.reeralle., Mud thal by a.therl.Y du1Y
pro sad at th. set sat me r.fonu... IN breta.r LHa.ent ....ION 1. It..... by H................
g Intld..L .0N .W He inputs ...I ..a a t.sud 1y ........ a. H...................... . .. e.erelaly.
D
wnaau .Y sand sad .IntW aunt ur .e.4 W........ da) .t ........................... It .........
myeuw.lute...elr..:....................................................................... H.tar) r0u.
Tau I.Irteua Cut 111kate(a) .f ----------- Jean G. t'Ull.............. 1. �__--ta?Y_--lc.....................................................
I2/sre forearm/nerd lto be terl.tl Tkls Imttumt.l pe this rerlH101e . a.l nr.l r d a sae dW sad elm. ua 1. One Bust ..a e.g. a.... o sae
IY.�� ', ecnrded Decauber 2, 1S a� d:tl� Pkt
.... _..-_ a .. nil..—_____ _________________Baourga or Deana sees ... BRUNSWLCK................ eoumv
ar....................V1=r1a.:1e.1Yb......................... o.nv/+Dcmcom.p.ur of Dud.
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�F?4 ^064 JUL 241996�'
DIVISION OF
COASTAL MANAGEMENT
EXHIBIT 'A"
BEGINNING at a point located at the cha..nel of the Intracoastal
waterway, said point being located as follows: From the point
where the western right-of-way of Caswell Street extended in the
City of Southport is intersected by the southern right-of-way of
Bay Street extensions runs thence with the southern right-of-way
of Bay Street extension South 82 degrees west 111.34 feet to an
existing concrete monument located in the southern right-of-way
line of Bay Street extension; runs thence South 12 degrees 30
minutes East 131.45 feet to a new iron pipet runs thence south 12
degrees 30 minutes east 143 feet to the place and point of
beginning. From said beginning point thus located, runs thence
north 12 degrees 30 minutes west 143 feet to a new iron pipe;
runs thence north 12'degrees 30 minutes west 131.45 feet to an
existing concrete monument located in the southern right-of-way
line of Bay Street extension in the City of Southport; runs
thence with the southern right-of-way line of Bay Street
extension south 82 degrees west 120 feet to an iron pipe; runs
continuing with the southern right-of-way line of Bay Street
extension south 82 degrees west 10 feet to an iron pipe; runs
thence leaving say Street extension south 8 degrees east 69.16
feet to an iron pipe; runs thence north 82 degrees east 12 feet
to an iron pipe; runs thence south 8 degrees 29 minutes east
53.90 feet to an iron pipe; runs thence south 13 degrees 50
minutes 6 seconds east !)2.51 feet to the north edge of a
floating dock; runs thence south 7 degrees 32 minutes 35 seconds
east 60 feet to the channel of the Intracoastal Waterway; runs
thence with the channel of the Intracoastal Waterway an
eastwardly direction to the place and point of beginning,
according to a plat
Robert B. McHenry, Re Lrvey for S. datedWard November,Mini-Warehouse Co., Inc -
by

hIll-MINGTD! FEGIGHL OF
Oct
16 '96 16:27 P.03
7
EN
DER: TP END
r 2 r additional JOIVIM-
I!�
0 pjq!� samen5nis andro.mg tha-f0im-go tb a we can
Q• Print your name and gdjrbse oil the reverse of
return We card to You.
* Arisen %nix form to t" front of t" n-ilp-ece. cr oil the balk if space
do" not permit. at below %he arecle, number-1
V * Write' -Return R.,ftdiPtB9QVealcd" On the ma';P'v
- The Return RQ=11t will ahow to whom the n!,Je as oolveled and the date
C delivered.
ad to:
-.3 Article Address
.2 -Charlie er 4b So i
E '.'::,Ame17iC Fish C 'SEP 15-
P.0, nB—C) 11046 JD coo
wI DIVI I ,)r
NC - 28461
.'Southport,
"tea e
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Sig a�/
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6.-Sign3 re (Agent) .... .. I
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also m3h to receive Xho
;ojjoWjrg�s0rv;caS (for gri extra
fna)t ?
1. El Addressee's Address 0
2. D Restricted Delivery IS
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PS Form
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