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HomeMy WebLinkAboutDEN-Bridge Tender RestaurantNORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 6, 1998 CERTIFIED MAIL Return Receipt Requested Bridge Tender Restaurant c/o Johnnie C. Baker P.O. Box 163 Wrightsville Beach, NC 28480 Dear Mr. Baker: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to enlarge a deck at your Bridge Tender Restaurant adjacent to the Atlantic Intercoastal Waterway in New Hanover County. Processing of the application, which was accepted as complete by the Division of Coastal Management's Wilmington office on December 11, 1997, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposed deck expansion will be utilized as a waiting area for the restaurant. 2) The proposed project will result in the shading and usurpation of approximately 864 square feet of estuarine and public trust waters. 3) The proposed project will result in the shading of an area of coastal wetland approximately 10' by 15' in size. 4) The proposed project has been determined to be inconsistent with T15 A NCAC 07H.0208(b)(6)(B), which states that "To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over coastal wetlands shall not exceed six feet in width." 5) The proposed deck is not required for public access to the restaurant, as sufficient pier access currently exists. Furthermore, due to its location, the proposed deck is not suitable for boat dockage by restaurant patrons. P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER 6) The applicant has failed to prove to the Division's satisfaction that the proposed project is a water dependent action. The Rules of the Coastal Resources Commission prohibit.the construction of non -water dependent structures, or non -water dependent uses associated with such structures, in or over coastal wetlands, public trust areas and estuarine waters, as indicated by the following use standards: T15 A NCAC 07H.0205(d) T15 A NCAC 07H.0206(d) T15 A NCAC 07H.0207(d) T15 A NCAC 07H.0208(a)(i) The Division has therefore found that the proposed project is not consistent with these use standards. 7) In that the proposed development has been determined to be inconsistent with the rules of the Coastal Resources Commission, the proposed project must also be found inconsistent with the Wilmington/New Hanover County 1993 Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, Rog Schecter Direc 1014MI 01 cc: Mr. Jeffery Benoit, Director OCRMINOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC Vim, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 6, 1998 CERTIFIED MAIL Return Receipt Requested Bridge Tender Restaurant c/o Johnnie C. Baker P.O. Box 163 Wrightsville Beach, NC 28480 Dear Mr. Baker: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to enlarge a deck at your Bridge Tender Restaurant adjacent to the Atlantic Intercoastal Waterway in New Hanover County. Processing of the application, which was accepted as complete by the Division of Coastal Management's Wilmington office on December 11, 1997, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposed deck expansion will be utilized as a waiting area for the restaurant. 2) The proposed project will result in the shading and usurpation of approximately 864 square feet of estuarine and public trust waters. 3) The proposed project will result in the shading of an area of coastal wetland approximately Why 15' in size. 4) The proposed project has been determined to be inconsistent with T15 A NCAC 07H.0208(b)(6)(B), which states that "To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over coastal wetlands shall not exceed six feet in width." 5) The proposed deck is not required for public access to the restaurant, as sufficient pier access currently exists. Furthermore, due to its location, the proposed deck is not suitable for boat dockage by restaurant patrons. P.O. BOX 27687, RALEIGH, NC 27611-7687/2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10% POST -CONSUMER PAPER ..J 6) The applicant has failed to prove to the Division's satisfaction that the proposed project is a water dependent action. The Rules of the Coastal Resources Commission prohibit.the construction of non -water dependent structures, or non -water dependent uses associated with such structures, in or over coastal wetlands, public trust areas and estuarine waters, as indicated by the following use standards: T15 A NCAC 07H.0205(d) T15 A NCAC 07H.0206(d) T15 A NCAC 07H.0207(d) T15 A NCAC 07H.0208(a)(i) The Division has therefore found that the proposed project is not consistent with these use standards. 7) In that the proposed development has been determined to be inconsistent with the rules of the Coastal Resources Commission, the proposed project must also be found inconsistent with the Wilmington/New Hanover County 1993 Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. it If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. IRIM01 cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperber- U.S. Army Corps of Engineers Wilmington, NC Sincerely, '�Z Rog Schecter Direc h,w04 -y JAME6 B. HUNTJN��i+� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 6, 1998 CERTIFIED MAIL Return Receipt Requested Bridge Tender Restaurant c/o Johnnie C. Baker P.O. Box 163 Wrightsville Beach, NC 28480 Dear Mr. Baker: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to enlarge a deck at your Bridge Tender Restaurant adjacent to the Atlantic Intercoastal Waterway in New Hanover County. Processing of the application, which was accepted as complete by the Division of Coastal Management's Wilmington office on December 11, 1997, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposed deck expansion will be utilized as a waiting area for the restaurant. 2) The proposed project will result in the shading and usurpation of approximately 864 square feet of estuarine and public trust waters. 3) The proposed project will result in the shading of an area of coastal wetland approximately 10' by 15' in size. 4) The proposed project has been determined to be inconsistent with T15 A NCAC 07H.0208(b)(6)(B), which states that "To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over coastal wetlands shall not exceed six feet in width." 5) The proposed deck is not required for public access to the restaurant, as sufficient pier access currently exists. Furthermore, due to its location, the proposed deck is not suitable for boat dockage by restaurant patrons. P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733.2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 5090' RECYCLED/10% POST -CONSUMER PAPER 6) The applicant has failed to prove to the Division's satisfaction that the proposed project is a water dependent action. The Rules of the Coastal Resources Commission prohibit.the construction of non -water dependent structures, or non -water dependent uses associated with such structures, in or over coastal wetlands, public trust areas and estuarine waters, as indicated by the following use standards: T15 A NCAC 07H.0205(d) T15 A NCAC 07H.0206(d) T15 A NCAC 07H.0207(d) T15 A NCAC 07H.0208(a)(i) The Division has therefore found that the proposed project is not consistent with these use standards. 7) In that the proposed development has been determined to be inconsistent with the rules of the Coastal Resources Commission, the proposed project must also be found inconsistent with the Wilmington/New Hanover County 1993 Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, ' 2- Rog Schecter Direc RS/dvh cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC d �'Ek NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 6, 1998 CERTIFIED MAIL Return Receipt Requested Bridge Tender Restaurant c/o Johnnie C. Baker P.O. Box 163 Wrightsville Beach, NC 28480 Dear Mr. Baker: DIVISION OF COASTAL MANAGEMENT This letter is in response to your application request under the Coastal Area Management Act (CAMA) to enlarge a deck at your Bridge Tender Restaurant adjacent to the Atlantic Intercoastal Waterway in New Hanover County. Processing of the application, which was accepted as complete by the Division of Coastal Management's Wilmington office on December 11, 1997, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposed deck expansion will be utilized as a waiting area for the restaurant. 2) The proposed project will result in the shading and usurpation of approximately 864 square feet of estuarine and public trust waters. 3) The proposed project will result in the shading of an area of coastal wetland approximately 10' by 15' in size. 4) The proposed project has been determined to be inconsistent with T15 A NCAC 07H.0208(b)(6)(B), which states that "To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over coastal wetlands shall not exceed six feet in width." 5) The proposed deck is not required for public access to the restaurant, as sufficient pier access currently exists. Furthermore, due to its location, the proposed deck is not suitable for boat dockage by restaurant patrons. P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVO., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50%RECYCLED/1 Uq POST -CONSUMER PAPER 0 sue„' '4— -mow-. ., 6) The applicant has failed to prove to the Division's satisfaction that the proposed project is a water dependent action. The Rules of the Coastal Resources Commission prohibit.the construction of non -water dependent structures, or non -water dependent uses associated with such structures, in or over coastal wetlands, public trust areas and estuarine waters, as indicated by the following use standards: T15 A NCAC 07H.0205(d) T15 A NCAC 07H.0206(d) T15 A NCAC 07H.0207(d) T15 A NCAC 07H.0208(a)(i) The Division has therefore found that the proposed project is not consistent with these use standards. 7) In that the proposed development has been determined to be inconsistent with the rules of the Coastal Resources Commission, the proposed project must also be found inconsistent with the Wilmington/New Hanover County 1993 Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state pemut denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. RS/dvh Sincerely, Rog Schecter Direc cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC ~ ? NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 6, 1998 CERTIFIED MAIL Return Receipt Requested Bridge Tender Restaurant c/o Johnnie C. Baker P.O. Box 163 Wrightsville Beach, NC 28480 Dear Mr. Baker: DIVISION OF COASTAL MANAGEMENT This letter is in response to your application request under the Coastal Area Management Act (CAMA) to enlarge a deck at your Bridge Tender Restaurant adjacent to the Atlantic Intercoastal Waterway in New Hanover County. Processing of the application, which was accepted as complete by the Division of Coastal Management's Wilmington office on December 11, 1997, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposed deck expansion will be utilized as a waiting area for the restaurant. 2) The proposed project will result in the shading and usurpation of approximately 864 square feet of estuarine and public trust waters. 3) The proposed project will result in the shading of an area of coastal wetland approximately 10' by 15' in size. 4) The proposed project has been determined to be inconsistent with T15 A NCAC 07H.0208(b)(6)(B), which states that "To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over coastal wetlands shall not exceed six feet in width." 5) The proposed deck is not required for public access to the restaurant, as sufficient pier access currently exists. Furthermore, due to its location, the proposed deck is not suitable for boat dockage by restaurant patrons. P.O. BOX 27687, RALEIGH, NC 27611-7667/2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER 6) The applicant has failed to prove to the Division's satisfaction that the proposed project is a water dependent action. The Rules of the Coastal Resources Commission prohibit.the construction of non -water dependent structures, or non -water dependent uses associated with such structures, in or over coastal wetlands, public trust areas and estuarine waters, as indicated by the following use standards: T15 A NCAC 07H.0205(d) T15 A NCAC 07H.0206(d) T15 A NCAC 07H.0207(d) T15 A NCAC 07H.0208(a)(i) The Division has therefore found that the proposed project is not consistent with these use standards. 7) In that the proposed development has been determined to be inconsistent with the rules of the Coastal Resources Commission, the proposed project must also be found inconsistent with the Wihnington/New Hanover County 1993 Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, '�Z Rog Schecter Direc RS/dvh cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC ,- ;:/ ' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 6, 1998 CERTIFIED MAIL Return Receipt Requested Bridge Tender Restaurant c/o Johnnie C. Baker P.O. Box 163 Wrightsville Beach, NC 28480 I UC#MV,%ii DIVISION OF COASTAL MANAGEMENT This letter is in response to your application request under the Coastal Area Management Act (CAMA) to enlarge a deck at your Bridge Tender Restaurant adjacent to the Atlantic Intercoastal Waterway in New Hanover County. Processing of the application, which was accepted as complete by the Division of Coastal Management's Wilmington office on December 11, 1997, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The proposed deck expansion will be utilized as a waiting area for the restaurant. 2) The proposed project will result in the shading and usurpation of approximately 864 square feet of estuarine and public trust waters. 3) The proposed project will result in the shading of an area of coastal wetland approximately 10' by 15' in size. 4) The proposed project has been determined to be inconsistent with T15 A NCAC 07H.0208(b)(6)(B), which states that "To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built over coastal wetlands shall not exceed six feet in width." 5) The proposed deck is not required for public access to the restaurant, as sufficient pier access currently exists. Furthermore, due to its location, the proposed deck is not suitable for boat dockage by restaurant patrons. P.O. BOX 27687, RALEIGH, NC 27611-7687/2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-149S AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50 RECYCLED/10% POST -CONSUMER PAPER J 6) The applicant has failed to prove to the Division's satisfaction that the proposed project is a water dependent action. The Rules of the Coastal Resources Commission prohibit.the construction of non -water dependent structures, or non -water dependent uses associated with such structures, in or over coastal wetlands, public trust areas and estuarine waters, as indicated by the following use standards: T15 A NCAC 07H.0205(d) T15 A NCAC 07H.0206(d) T15 A NCAC 07H.0207(d) T15 A NCAC 07H.0208(a)(i) The Division has therefore found that the proposed project is not consistent with these use standards. 7) In that the proposed development has been determined to be inconsistent with the rules of the Coastal Resources Commission, the proposed project must also be found inconsistent with the Wilmington/New Hanover County 1993 Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, '�Z Rog Schecter Direc RS/dvh cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC JtIVutK: I also wish to receive the • Complete items 1 and/or 2 for additional services. • Complete items 3, and 49 & b. following services (for an extra • Print your name and address on the reverse of this form so fee): ❑ Atlt�S'1d�D that we can return this card to you. y • Attach this form to the front of the mailpiece, or on the - back if space does not permit. 2 ❑ RYec1]p8iv'8 • Write "Return Receipt Requested" on the mailpiece next to 6. SigOrature (Agent) / /V 4a. Article NurM STAL MANAGEMENT 4b. Service Type ❑ Registered ❑ Insured ❑ Certified ❑ COD ❑ Express Mail tplR!a for and fee is paid) \,vAl im, 1990 ou.8.ar0:I9ao-273e61 DOMESTIC RETURN RECEIPT United States Postal Service Official B siness 11111 iYETTEVILL Ni; 283 #1 05- 14/98 ly PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here MUW'TS COORDINATCM DN*CD - COASTAL MANAGEMEN' P, O. BOX 27687 RALOCH, N. C. 27617 3. 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Johnnie Baker/Bridge Tender Restaurant LOCATION OF PROJECT SITE: Adjacent to AIWW/Motts Channel, the Bridge Tender Restaurant, at 1414 Airlie Rd., in New Hanover County. Photo Index - 7 995:22-255 J-10 1989: 174-5, S-6 1984: 18-227 P-7 State Plane Coordinates - A: 2359000 Y: 172200 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/30/98 Was Applicant Present - No - was not available 5. PROCESSING PROCEDURE: Application Received - 12/11/97 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW,PT,CW ® Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - County Sewer Planned - N/A (F) Type of Structures: Existing - Restaurant, Marina Planned - Expansion of deck (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED E11-ED OTHER (A) Vegetated Wetlands 240 sq.ft. (Shaded) (B) Non -Vegetated Wetlands Public Trust & Estuarine Waters 864 sq.ft. ® Other (D) Total Area Disturbed: 864 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to expand a deck area associated with the restaurant. Also, proposed is the replacement of the existing deck surface. a Johnnie Baker Page 2 J " • 1 1 ; II 1 ► The applicant owns several lots along Airlie Road, beginning at the Wrightsville Beach drawbridge and running south approximately 527 feet, adjacent to the Atlantic Intracoastal Waterway. The property supports a business office, two restaurants, a tourist shop, three parking lots, and a vacant lot. The project site, the Bridge Tender Restaurant, is the second building south of the Wrightsville Beach drawbridge. The existing building is located partially over the water. There is an extensive marina and commercial docking system along the applicant's waterfront properties. The waters of Motts Channel are not designated Primary Nursery in this location. The waters are classified SB by the Division- of Water Quality, and are closed to the harvest of shellfish. New Hanover County classifies the area as Conservation in their Land Use Plan. The water depth in the project area is approximately -.5' to -1' mean low water. The applicant proposes to expand the open deck area associated with the restaurant. The deck areas function as customer waiting areas prior to being seated inside the restaurant. There are currently two deck areas adjacent to the south side of the building. One area is approximately 31 feet by 24 feet, and the other is 30 feet by 18 feet. The two decks are connected by an elevated wooden walkway, 6 feet wide, which runs along the perimeter of the building. The proposed deck would be constructed between this walkway and the existing deck on the southeast comer of the building. The new deck would be 36 feet long and 24 feet wide. The resulting combined deck area would 60 feet long and 30 feet wide, in addition to the deck on the southwest corner of the restaurant. The project would incorporate approximately 864 square feet of Estuarine Waters and Public Trust Area. The deck expansion would shade 240 square feet of Smooth Cordgrass (Spartina alterniflora) marsh. Although over the water, the proposed deck is landward of the existing docking system and would not pose any hazard to navigation. The project would provide additional waiting space for restaurant patrons. Submitted by: E.F. Brooks Date: 02/02/98 Office: Wilmington Forty: DCIVM40-1 APPLICATION (To be completed by all applicants) b. CVl(�V f�arl ��! I LtyLI or i/S G{ 1. APPLICANT a. Q Landowner: r / Name IOJ-1N 0(F— Address R'2, 60>< CP + r �! City � VDay 'State Zip ���7Day Phone Fax Authorized Agent: c. Street address or secondaryroad n tuber 14L N12Ll 1� �5411) d. Is proposed work within city lim�is or planning jurisdiction? Yes No e. Name of body of water nearest p oject e.g. river, I _ creek, sound, bay) A .4f VJ 3. DESCRIPTION AND PLANNED. USE D 0 M V IK F PROPOSED PROJECT U Name DEC 0 2 1997 List all development activities you propose (e.g. DIVISION OF building a home, motel, marina, bulkhead, pier, and Address COASTAL MA14AGEMENTezcavation and/or fillip activities. City State p Q �w s-r► r� /mil 7' o.�,� Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Fax C. Project name (if any) IJ C j2e:zmf-� NOTE. pendt %Q be irmed in � of iandowner(r), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. Countv c. Will the project be for public, private or commercial use?- g=OL4 L4Dr1A 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. 4DE Revised 03145 Form DCM-MP-1 4. LAND AND RATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. C--�Lmjt S:—ter a. Size of entire tract ?LC4 1 n• b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL a' (2. R-,*L-/ d. Soil type(s) and texture(s) of tract e. Vegetation on tract L LW4,CAWP-ng r✓6u'�F�A IUGC' f. Man-made features now on tract 6CL<7-r K% P-&S7AL7Q" % 1st'/ACLESSS g. What is the CAMA Land Use Plan land classification of the site? (Con=lr the fowl land we pz=.) gnservation �veloped Rural Transitional Community Other h. How is the tract zoned by local government? C o Nt tylt=pJtnL— i. Is the proposed prg*ga consistent with the applicable zoning? --4,, ' es No (Mach zoning compliance eerdfi=e, ifopplicable) j. Has a professional archaeological assessment been done for the tract? Yes If yes, by whom? 11 m k. Is the project located in a Natioegistered Historic District or, does it invoit. N_ al • Register listed or eligib a property? Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) 1-� oC o. Describe existing drinking water supply source. c�vty� ci Sy�5 i taf 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be subndtted: 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 I1" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a ���� description.) P note that original drawings are preferred and 0219970 21997° cgh quality copies will be accepted.. Blue -line prints or other larger plan are acceptable only if an Yes , � DIVISION OF adequate number of quality copies are provided by E77 - '. CQASTAL MANAGEM4N12rit. (Contact the U.S. Army -Corps of Are there wetlands on tlx& site? ZYes —No Engineers regarding that agency's use. of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has'a delineation been conducted? _ ` e requirements and it must be sufficiently detailed to (Aaach documcnzadon, if available) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • 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 tlj& . OM Address OKC 4 1 Phone l Name ri�;> r Address DIO-6100i V C- 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. la!-9 _J-pkvHIe,CAW /-3-[0 • 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 - I 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. DEC 0 21997 DIVISION OF 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained is 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 �_ day of K6 o eu 9419 S7 . Print Name _10 LE C BA44-2-- r Signature Imd veer or Arthorized 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 MP5 Marina Development NOTE. Please sign and dare each attachment in the apace provided at the bottom of each form. Form DCM-MP-4 STRUCTURES. (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/ ter(s) (1) ommercial _Community _ Private () Number (33) Length (4) Width (5) Finger Piers Yes _ No (i) Numb (ii) Len (iii) Width (6) Platform(s) es _ No (i) Numb (ii) Len (iii) Width (7) Number of slips proposed 6.5/a. (8) Proximity of structure to adjacent riparian property lines 2 s O ° = (9) Width of water body 06., (10) Water depth at waterward end of pier at MLW or NWL UJ& b. Boathouse (including covered lifts (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood eetpile, etc.) (1) Numbe (2) Len (s) 1 A d. Breakwater (e.g. wood, sheetpile, etc I �► /-�` (1) Length (2) Average distance fr MRW, NWL or wetlands (3) Maximum d' ce beyond MliW, NWL or wetlands e. F (:o V D DEC Q 21997 DIVISION OF COASTAL MANAGEMENT Mooring buoys I)A— (1) _ Commercial _ (2) Number (3) Description of buoy (Color, inscription;/ _ Private anchor; "etc.) - - - (4) Width of wafer body (5) Distance uoy(s) to be placed beyond shorelin f Mooring structure (boatlift ooring pilings, etc.) (1) _ Commercial Community _ Private (2) Number (3) Length (4) Width g. Other (Give mrprete dercri lion) p �c►S-�► l.�za `deuL a�c��0 T3C71LD1"75 To 152a7PJ8R 2- X 3 (n l 7a- wto(R C. 5 Applicantor Project Name** Ai'4 r• l� Sipe A�d J t��Lf c7 `i� ig �'► 1 J SEAGATE (UNINC) Lit POP: 2 422 u1 ' SITE LOCATION. p j IEC'>�IV� DEC 0 21997 SCAM DIVISION OF U pPASTALMANAGEMENT SITE LOCATION MAP [Nl w NUN®M mo SUeU1b.N A9lAS NEW HANOVER COUNTY NORTH CAROLINA M M d40lNA WMN W RN VAVON ua oan.ar w n.reia.nuow 'mar icnw.i.e+.mu+a� DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRUE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH. NC , BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 SHEET ) OF 4- NIGH WATER UNE� nc um T FOR DRAWBRIDGE ON US 74 $ US 76 17,11. \ I• I EASEMENT LINE 198' __e I BOATING DOCK \/j-(\ \ \ (y W \ \ c I I GE 10, 1 1 RIDI W -W RMPRAMP -� W nvcn v,cu DECK PROJECT T AMP n r I W GAZEBO WITH-Z I I ROOF OVER I ODER B REST AURANT I v w w I OUSTING 1 DECK STING I � I 14, `:' I `I' 1 WAIT AREA z I I IW y y a .1 �1 14, lk 1p 1p I WPI I } \\ I ADDITIONAL I '41 1 DECK FOR .y %p / EXISTING DECK I WAIT AREA I I 1 I I \ \w II w III I 1� W 41 I I \�'X 1 I PE PILE (MCAL) \ } BULKHEAD— I \ W W / r I 1 D �cTnVTR�1 DEC 0 21997 RAMP DAnNG DOCK . I DIVISION OF FISH HOUSE GRU AMP COASTAL MANAGEMENT v PROPERTY OF: M. B. TWLSON 1405 AIRUE ROAD BRIDGE TENDER VILLAGE COMPLEX 60 30 0 60 SCALE IN FEET DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRL IE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 163 WWRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WWAM H WARREN, JR. NOVEMBER 1997 SHEET Z OF f- w V7J Q(if I wQ I 1 1 1 I 1 I I I 1 1 I 1 1 1 I I I I I I 1 I 1� 70 EXISTING I DECK � I I� II w' z I' of BRIDGE TENDER ml RESTAURANT �1 EXISTING DECK willa TO BE REPAIRED 11 EXISTING CUSTOMER WAIT AREA , I I WAIT AREA ADDITION % o o z F 0 w IN N I I of 6 W W W 3I 14' 10' CK EL.+1 LJ D 0 of DEC 0 21997 �y_t DIVISION OF p REPAIR AND DECK REPAIIF PLAN AL MANAGEM* AREA ADDITION AT BRIDGE TENDER RESTAURANT 20 10 0 20 1414 AIRLIE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NO SCALE IN FEET BY. JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WIWAM H WARREN, JR. NOVEMBER 1997 SHEET 3 OF 4- TYPICAL DECK SECTION "A" NOT TO SCALE D EC 0 21997 DIVISION OF COASTAL MANAGEMENT CAP 2"x6" RAILING 2"x6" RAILING BOLTED W/1 1/2"-DIA. GALVANIZED HARDWARE 2"x10" STRINGERS 2"x10" CAPBOARDS (DOUBLE) BOLTED WITH 5/8' DIA. GALVANIZED HARDWARE (0.40 RETENTION) 8% 8" TREATED PILE BOTTOM VARIES 8' MIN. PENETRATION BELOW HARD BOTTOM DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW,HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 S"V=P--T 4 o 4- SEAL 11299 S-41, E. bi 1145 oeflo, 523 BRISCILI?rl Its EASEMENT ME 198' I Amp P MED PIER -1 I �m CAZEGO WITH ROOF OVER v-57 z RAMP I- < W17h' ,�KME PLE JA t4 AT 7-1/2 I L4-" ' qb Ll OECD �1I)77DECK TE PLE (rrPICAL) u ..... ..... II 1.......... . .... .......... POINT 081 ............... 97 DIVISi0N 0'F: BRIDGE TENDER VILLAGE COMPLEX C0ASTN4LW4jA'3El"N-f 47 //oc:" 40 20 0 OR NO BOA EASEMENT FOR, 40 80 BRIOM UNDO VILCAGE mtz9i-.= I.E., :R:CGE TENDER MARINA FAMW R DOE TENDER RESTAURANT FACILITY IN FEET I'ISH HOUSE (Wtlu rA=Ty AIRUE ROAD. NEW HANOVER CO. Is=CE ALONG BULKHEAD - 6"'2 x 5 34.9925 DISTANCE FROM POINT A TO PC(NT 8 - 5401 X 54 29.160SF WRIGHTSVILLE BEACH, HC , T 3'.g EASEMENT AREA F Y. JOHNNIE BAKER -22'96,119F P.O. Box 1037 AIRUE ROAD 43.560 1.11 Al. 86.967SF / 43.W0 . 1.99 AC. VAIGHTSVILLE BEACH, N.C. 284 NEW HANOVER COUNTY INSPECTION SERVICES 414 CHESTNUT STREET, ROOM 202 WILMINGTON, NORTH CAROLINA 28401-4045 TELEPHONE (910) 341-7118 ANN S. HINES FAX (910) 341-4332 Chief Zoning Enforcement Officer April 16, 1998 MEMORANDUM: TO: John R. Parker Major Permits Processing Coordinator FROM: Sherry Byrd -Hanson, LPO 48• h' New Hanover County SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Johnnie Baker Bridge Tender Restaurant Project Location: 1414 Airlie Road Bridge Tender Restaurant Motts Channel Wilmington RECEIVED APR 2 01998 COASTAL MANAGEMENT Proposed Project: To expand deck area associated with the restaurant, and to replace existing deck surface. This agency has no objection to the above -referenced project based on a site visit of April 9, 1998 to determine sufficient parking available to support the existing facility and the proposed expansion. The New Hanover County Zoning Ordinance requires one space for each three (3) seats plus one (1) space for each two (2) employees. Existing seating for the Bridge Tender was found to be 210 with twenty employees requiring eighty (80) parking spaces. A retail gift shop on site requires two (2) additional parking spaces based on one parking space per four hundred (400) square feet of gross floor area. Existing seating for the Fish House was found to be ninety eight (98) with eight (8) employees requiring thirty seven (37) parking spaces. The proposed decking expansion will contain sixty-eight (68) seats which will require an additional twenty-three (23) parking spaces. Parking spaces to support the Bridge Tender site as counted by this office during the site visit were seventy-two (72). Parking spaces to support the Fish House site as counted during this site visit were eight (8) parking spaces at the Fish House location and forty (40) parking spaces on the lot across the street. An area (267 feet X 75 feet) was measured and will be utilized for approximately fifty eight (58) additional parking spaces as per my conversation with Mr. Baker. ', DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING Rl A) APPLICANT: Johnnie Baker/Bridge Tender Restaurant COUNTY LOCATION OF PROJECT: 1414 Airlie Road, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/11/97 FIELD RECOMMENDATION: Attached - No To Be Forwarded - YES A, New Hanove�y 6 CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A FIELD REPRESENTATIVE: E. F. Brooks DI IC ICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $ 10.zsa PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 2 Zg- 4Y ADJ. RIP. PROP NOTICES REC'D: L/ DEED REC'D: APPLICATION ASSIGNED TO: ON: S� C) 75 DAY DEADLINE: 2 - z �y-,g/ K 150 DAY DEADLINE: MAIL OUT DATE: — X STATE DUE DATE: L FEDERAL DUE DATE: FED. COMME REC'D: 3 ' 6- PERMIT FINAL ACTION: ISSUE DENY t/ DRAFT ON� AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office 1 Div. of Community Assistance Land Quality Section - (7 Div. of Env. Management State Property Office (� — 0 Div. of Archives & History Div. of Env. Health Div. of Highways I'sk ldlife Resources Commissionv. of Water Resourcev. L C of Marine Fisheries - State Recommendations For - Johnnie Baker The proposed project is inconsistent with the following rules: 1. 07H .0205(c) - shading and subsequent elimination of coastal wetlands (d) - non water dependent use in coastal wetlands 2. 07H .0206(d) - non water dependent use in estuarine waters 3. 07H .0208(a)(1) - non water dependent use in public trust areas NOTE: Elements of the submitted plat work, not associated with the proposed deck, were not consistent with measurements and observations made at the site. For example, the bulkhead beneath the restaurant is shown approximately 12 feet waterward of its present location. These plats should not be used as a basis for any future development proposals. RECEIVE® MAR..- 5 1998 COASTAL MANAGEMENT Wate of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 February 2, 1998 TO: Zoe D. Bruner, District Planner Division of Coastal Management RECEwtow FROM: John R. Parker MAR _ 5 1998 Major Permits Processing Coordinator COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Johnnie Baker/Bridge Tender Restaurant Project Location: 1414 Airlie Rd, Bridge Tender Restaurant, Motts Channel, Wilmington Proposed Project: To expand deck area associated with the restaurant, and to replace existing deck surface Please indicate below your office's position or viewpoint on the proposed project and return this form by February 23, 1998. If you have any questions regarding the proposed project, please contact E. F. Brooks 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 attached comments. SIGNED DATE 127 OaMinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer ,MEMORANDUM TO: John R. Parker, Major Permits Processing Coordinator ©ZI cc. C Jones, R Shaw, CR Stroud,Jr., EF Brooks, D. Hayes NCDENR FROM: Zoe D. Bruner, District Planner SUBJECT: CAMA/DREDGE & FILL Permit Application Review Johnnie Baker, Bridge Tender Restaurant Wrightsville Beach DATE: March 4, 1998 This permit consistency opinion is based on my review of the permit application, the Field Investigation Report (EF Brooks, 2/2/98) and my understanding and interpretation of the policies presented in the Wilmington/New Hanover County 1993 Land Use Plan. The applicant proposes to expand the open deck area associated with the Bridge Tender Restaurant. The expansion would be over marsh. A complete description of the activity is found in the Field Investigation Report which accompanies the application. LAND USE CLASSIFICATION: Conservation (AEC plus 100-year flood) In general, areas classified Conservation should be left in their natural state. Exceptions to this standard are limited to water -dependent uses (i.e. uses that cannot function elsewhere). RELATED POLICIES AND IMPLEMENTATION MEASURES: 1.1(3) DEVELOPMENT ACTIVITIES WITHIN THE 100 YEAR FLOODPLAIN SHALL BE CAREFULLY CONTROLLED TO MINIMIZE DEVELOPMENT, ENCOURAGE LOW INTENSITY USES SUCH AS OPEN SPACE AND RECREATION, AND ENSURE STRICT COMPLIANCE WITH STATEAND FEDERAL REGULATIONS CONCERNING WETLAND PROTECTION. 1.1(8) THE CITYAND COUNTY SHALL SEEKTO PRESERVE AND RESTORE SHELLFISHING IN ALL SA WATERS AND TO BRING ALL COASTAL WATERS DESIGNATED OR FORMERLY DESIGNATED SA TO THE HIGHEST QUALITY POSSIBLE. 1.2 PROTECTION OF CAMA-DEFINED AREAS OF ENVIRONMENTAL CONCERN 1.2(1) ESTUARINE WATERS, ESTUARINE SHORELINES AND PUBLIC TRUST AREAS SHALL BE PROHIBITED FROM USE BY DEVELOPMENT ACTIVITY WHICH WOULD RESULT IN SIGNIFICANT ADVERSE IMPACT TO THE NATURAL FUNCTION OF THESE AREAS. 1.2(9) THE CITYAND COUNTY SHALL ALLOW USES OF ESTUARINE AND PUBLIC TRUST WATERS THAT PROVIDE BENEFITS TO THE PUBLIC AND WHICH SATISFY RIPARIAN ACCESS NEEDS OF PRIVATE PROPERTY OWNERS. Implementation Measures 1. Effective State and local standards for developmentwithin estuarine systems shall continue to receive support 10. All coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters shall be designated Conservation on the Land Classification Map. CONSISTENCY OPINION: The Wilmington/New Hanover County Land Use Plan supports compliance with state and federal efforts to control wetland destruction in the 100-year flood. They also support "effective" state standards for protection of the estuarine system. Within the Conservation designation, uses are limited to water dependent uses as defined by the County. However, the City has gone to great lengths to indicate its support of non -water dependent uses over public trust waters. If this permit request did not violate the regulations in NCAC 7H, it is likely that Wilmington and New Hanover County would find it consistent with their plan. maker ANN S. HINES Chief Zoning Enforcement Officer MEMORANDUM: NEW HANOVER COUNTY INSPECTION SERVICES 414 CHESTNUT STREET, ROOM 202 WILMINGTON, NORTH CAROLINA 284014045 TELEPHONE (910) 341-7118 FAX (910) 341-4332 February 20, 1998 TO: John R. Parker Major Permits Processing Coordinator FROM: Sherry Byrd -Hanson, LPO New Hanover County SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Johnnie Baker Bridge Tender Restaurant Project Location: 1414 Airlie Road Bridge Tender Restaurant Molts Channel Wilmington pseczlv�o C0ASTg4 MANAGcMFNi Proposed Project: To expand deck area associated with the restaurant, and to replace existing deck surface. This agency objects to the above -referenced project based on Section 81 of the New Hanover County Zoning Ordinance. The objection is based on a site visit of February 18, 1998 to determine sufficient parking available to support the existing facility and the proposed expansion. The Ordinance requires one space for each three (3) seats plus one (1) space for each two (2) employees. Existing seating was found to be 210 with twenty employees requiring eighty (80) parking spaces. A retail gift shop on site requires two (2) additional parking spaces based on one parking space per four hundred (400) square feet of gross floor area. The proposed decking expansion will contain sixty-eight (68) seats which will require an additional twenty-three (23) parking spaces. Total parking spaces on site as counted by this office during the site visit were seventy-two (72). Therefore, the site needs 33 more parking spaces to support customer seating on the new deck area. State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director k FEB NSP c. Dull.NCDENR NORTH DEPARTMENT OF ENVIRONMENTNT AND N NATURAL RESOURCES February 2, 1998 TO: Ann Hines, LPO New Hanover County FROM: John R. Parker Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Johnnie Baker/Bridge Tender Restaurant Project Location: 1414 Airlie Rd, Bridge Tender Restaurant, Motts Channel, Wilmington Proposed Project: To expand deck area associated with the restaurant, and to replace existing deck surface Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 23, 1998. If you have any questions regarding the proposed project, please contact E. F. Brooks at 910/395-3900. 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. SIGNEDI l a�1f G�' � w DATE a- ao-q$ 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer ' rk. e�� NCDENR w. s `/Jrl�vFnNae A WAY�E MCOEVITT SECRETARY K NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 10,1998 I°1i R u 0 d I UU FER 1 9 194r� j u MEMORANDUM QW-I A6i iAl" TO: P. A. "Ski" Wojciechowski Submerged Lands Program Director 'ECEOVED Division of Marine Fisheries FE7,, 7 .q FROM: John Parker Major Permits Processing Coordinator GAS-W MANAGEWN, SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Johnnie Baker/Bridge Tender Restaurant LOCATION: Adj. AIWW/Motts Channel, 1414 Airlie Rd., New Hanover Co. PROPOSED PROJECT: To expand a deck area and replace the existing deck surface. 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 i/ The instrument attached to the application covers the project area. 1/ The instrument is a valid document which conveys property rights. There are no known public trust conflicts. There appears to be public trust conflicts. oyk"/t It is recommended that changes be made to the project to eliminate or reduce public trust conflicts as discussed in the attached memorandum or on the reverse side of this reply. Signed wa y Date 2-/ Z-Zzf P.O. BOX 27687, RALEIGH, NC 27611.7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO RECYCLED/10% POST -CONSUMER PAPER ■ 46A /.OG,e 77ZrpfiZ Gd • ?i�„u �J 7� it c� rc ilJ C State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director INA NCDENR NORTH C;AROUNA DEPARTMENT OF ENVIRONMENT AND Nl URA RESOURCES February 2, 1998 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: Johnnie Baker/Bridge Tender Restaurant Project Location: 1414 Airlie Rd, Bridge Tender Restaurant, Motts Channel, Wilmington Proposed Project: To expand deck area associated with the restaurant, and, to replace existing deck surface Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 23, 1998. If you have any questions regarding the proposed project, please contact E. F. Brooks at extension 247. 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. // //� �c U // / t TG sco/• K.. fr�i.— elos,, . c,K ,l �Jr:a0icAp.- /Ics e rus b)c I etc Al .Ca1.�r UI This agency objects to the project for reasons described in the attached comments. SIGNED ` ` DATE Z-5. 96 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality December 3, 1997 Mr. Johnnie C. Baker PO Box 163 Wrightsville, NC 28480 Subject: Dear Mr. Baker. NCDENR No C+w " Dv� ov Ewmm mE AND NRl1iAL Ri: EXEMMON Stornwater Project No. SW8 971202 New Hanover County Bridge Tender Restaurant The Wilmington Regional Office received a copy of the CAMA Major Permit Application for repairing decking damaged by Hurricane Fran on December 2, 1997. Staff review of the plans and specifications has determined that the development activities proposed will not pose a threat to surface water quality from stormwater nmoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater mnoff 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 Lend Resources, Coastal Areas Management Act, Federal, State, or Local Governments. In addition, any furore 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 comeming this matter please contact Ms. Linda Lewis at (910) 395-3900. Sincerely, Rick Shiver, P.G. Acting Regional Water Quality Supervisor RSS/arl: S:\WQS\STORMWAT\CAMA\971202.Dec ce: Ed Brooks, DCM Tony Roberts, New Hanover County Inspections John Parker, DCM Wilmington Regional Office Central Files 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 91 "50-2004 An Equal Opportunity Alfirmafive Action Employer 50% recycled/10% poat�r paper NL UW0 WO ENVSC:1 Fax:919-733-9959 Mar 23 '98 13:09 P.01/01 :-.---::'���t:®te��.4f•:INortf�' CerQllna;:;':::: �:,+ .: - �j:p:._a: ;;;,•:,:. :..... .:..: ,:, .....::, ... ,. ...:.. .,...:...:..:....:... :::.POatrtt°aF:' Dare•: • •M i,`n ``Jig•^.,�'''„ •1 •:a: ,' : P ''�• To AJ ei,'cni'a..i.. :4 Me M;C .,, _ho,;�; .a. i, 1.°:iNoRri� 'o�iHADFPnig[Mro'r' . Faxa:'•IE�>iIn4NNeia o:.NiauRi ;R uRb€e:• ,} ' E TO: IbYi::;,pA.: •Preston;l vward>;:,F:,1„, 1):ieclFii' s:. Division of Wkdr',.Qirelity , FRO1�Ic'. 7ohpri:R :Parker•;;;::: Major'Perth}tsRocessing.Coordiraatbi;.. : SUBJECT: ":: ''C=A lvhtCl'b;R;EFJE'&hF1LL:Per aE Applicatiott�:Review 1. ! Applleatitt. Joh.. .. rift L. itttie:Hnkec%8c�'fender ' estaurant. ' .. � • , , r. I:. trojedt;Lticafigril'• '1 14.A;irtle!ltd' .Brill' e;;Teiidez Resrauraztif;`:IvlotLy;°;Channel,; :ilxnl' toti:•:::?.,I. . To expand4.deek;area: assbc>at ci•w fh:the'zest urant;.:-Odlo: 'epic ie, eOk M deck Proposed • j I NP, suri'ace Vease,•ind cater dlowyou -,agency's %0, : &ic n; li'e:: r oiwi' .-o' and!ireturn tti'is'fort W P P? p 1 :by February 23, 1998 If you have' any godesi'ions regardtng the proRosed:prolec pfea9e contact & F,: Brook's ateztension !I:Wticri:appropiat�',' 72.�ierj11IIILjg'p cotrienents:�vifh'.suippvcfxiig'; `ta' 4s':equested, ` ,f,. 1. :III' ! .I: I� ,. .•�4'• - `REkIX.' :Ttrls.agency:,.. np'oblechoii.to'etie`pavject:as.>proposexii ? • This';agency bWED. Leblt merit bn:the_p , red„ I ro ect:. . enc roves; of ::ftie.'roecy,<-onF ::,if " ,. , �: r.• Y aPP.... ,.P.. 1.... Y i✓tid hanger;. ,. ;the'•`.reco ,ed•-?`c ace' :' inco `'orated' See attached:::':.: .I OVUM This agency objects tolthepro1 t:for reasons dreseribed',in,th atfaciied comments'. CCU: •j�N�!- ;ii;�. ,- , .i:-' ':' + SIGNt6. ;,.;:..i .:,''`.i; ..I�:'� I:;�'rc'c ';:'.D41TE. I'. 12Z:NoitC*.6erdm�gori'.ve,;[Nilmrigtart,;N:Gi'•28406-3B�35j ;TeLephona,a70-$96=39ez* z_8Tq-350=2,004 .'. An EQusl:Oppprtwnity Rftgmetive AyNoh' Employer . - •• . . JAMES B. HUNTJR. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 11, 1998 TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Johnnie C. Baker/Bridge Tender Restaurant PROJECT LOCATION: 1414 Airlie Rd., adj. AIWW/Motts Channel,New Hanover Co. PROPOSED PROJECT: To expand a deck area and replace existing deck surface, etc. Plesase indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 1998. 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 agency objects to the project for reasons described in the attached comri'its. / Signed��w` �uy .. Date 3 C Gcod p L� Le u , tv-o SL �aoz k February 11, 1998 P.O. BOX 27687, RALEIGH, NC 27611.7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX919-733-1493 AN EQUAL OP►ORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/1 Oq POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Preston P. Pate, Jr., Director MEMORANDUM 1, • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 23 February TO: John Parker, Jr. Major Permits Processing Coordinator FROM: P.A. Wojciechowsk�' •LI"J7 SUBJECT: CAMA/DREDGE AND FILL PERMIT Johnnie Baker/Bridge Tender Restaurant - New Hanover County 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 permits\admin\jpcover.1tr P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper .State of North Carolina • Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director SUBJECT: Applicant: Project Location: Proposed Project: February 2, 1998 Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries John R. Parker Major Permits Processing Coordinator NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CAMA/DREDGE & FILL Permit Application Review Johnnie Baker/Bridge Tender Restaurant 1414 Airlie Rd, Bridge Tender Restaurant, Motts Channel, Wilmington To expand deck area associated with the restaurant, and to replace existing deck surface Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 23, 1998. If you have any questions regarding the proposed project, please contact E. F. Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. L---­This agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE Z— I G— � t RECEIVED ON FEB 16 1996 by pMF-ViA81TAT 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 11, 1998 u LG U T 9 D 1 '=_3121998 MEMORANDUM LSHELLFISH SANITATION TO: Ms. Linda Sewall, Director IVED Division of Environmental Health MAR - g 1998 FROM: John Parker, Jr. COASTAL MANAGEMENT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Johnnie C. Baker/Bridge Tender Restaurant PROJECT LOCATION: 1414Airlie Rd., adj. AIWW/Motts Channel, New Hanover Co. PROPOSED PROJECT: To expand a deck area and replace existing deck surface. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 1998. 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 This agency has no objection to the project as proposed. ✓ i agency h no commec�t on the proposed project. f �° v�tA �S (:Z This agency approves of the project, ay if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signe CER) �talz�_�l Date P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO% RECYCLED/10q POST -CONSUMER PAPER i.�aeaI7"RYk1`e=197_x AMA NCDENR JAMES 6. HUNTJ` GOVERNM J.� F,. r.,. ROGER N. SCHE=R 'T^^DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 MEMORANDUM DIVISION OF COASTAL MANAGEMENT TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator RECEIVED MAR COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Johnnie C. Baker/Bridge Tender Restaurant PROJECT LOCATION: 1414 Airlie Rd., adj. AIWW/Motts Channel, New Hanover Co. PROPOSED PROJECT: To expand a deck area and replace existing deck surface. Please indicate below your agency's position or viewpoint on the proposed and return this form by March 4,1998. 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 agency objects to the project for reasons described in the attached memo. Signed Date 3-"/J i P.O. BOX 27687, RALE IGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604 PNoNE919-733-2293 FAX 919-733-1493 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POET -CONSUMER PAPER Mate of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Roger N. Schecter, Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND N/ URAL RESOURCES February 2, 1998 TO: Mr. William A. McNeil, Director Division of Community Assistance 00 FROM: John R. Parker 9�liq� Major Permits Processing Coordinator 9�'F SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Johnnie Baker/Bridge Tender Restaurant Project Location: 1414 Airlie Rd, Bridge Tender Restaurant, Motts Channel, Wilmington Proposed Project: To expand deck area associated with the restaurant, and to replace existing deck surface Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 23, 1998. If you have any questions regarding the proposed project, please contact E. F. Brooks at extension 247. 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 DATE ROGER N.SCHECTER . " DIRECTOR Yrr h NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 11, 1998 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Johnnie C. Baker/Bridge Tender Restaurant PROJECT LOCATION: 1414 Airlie Rd., adj. AIWW/Molts Chanel, New Hanover Co. PROPOSED PROJECT: To expand a deck area and replace existing deck surface, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 1998. 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. V/ 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 aency,objels to the project for reasons described in the attached comments. 1 Signed Date P.O. BOX 27687, RALEIGH, NC 27611-7687 / 272S CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1496 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - BOYS RECYCLED/10% POST -CONSUMER PAPER RUM IRSO �® OR, _ 319ga 0 0 AS1A`MANp�EME� MEMORANDUM NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 11, 1998 TO: Mr. John Sutherland, Chief DMSlON OF WATER RESOURCES Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Johnnie C. Baker/Bridge Tender Restaurant PROJECT LOCATION: 1414 Airlie Rd., adj. MWW/Molts Channel,New Hanover Co. PROPOSED PROJECT: To expand a deck and replace existing. deck surface, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 1998. 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. u 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 Jlft-, A� Date f Y P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733.2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50%RECYCLED/1Oq POST -CONSUMER PAPER M MEMORANDUM NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 11, 1998 TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator REcE@VIEL MAR -.;g 1998 COASTAL MANAGEMENI SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Johnnie C. Baker/Bridge Tender Restaurant PROJECT LOCATION: 1414 Airlie Rd., adj. AIW W/Motts Channel, New Hanover Co. PROPOSED PROJECT: To expand a deck area and replace existing deck surface, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 1998. 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 agency objects to the project for reasons described in the attached comments. Signe LU, Date 331'Y g P.O. BOX 27667, RALEIGH, NC 27611-7607 / 272B CAPITAL 6LVO., RALEIGH, NC 27604 PHONE 919-733-2293 FAX919.733-1495 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST.CONSUMER PAPER DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 11, 1998 Regulatory Division Action ID No. 199800805 Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: MAR 12 1998 COASTOILMANAGEMENT Reference the application of the Bridge Tender Restaurant for a Department of the Army permit to expand a 36-ScAt-long by 24-foot-wide deck area between the elevated wooden walkway and the existing deck on the southeast corner of the building on Motts Channel, Wrightsville Beach, New Hanover 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 conditions 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, including temporarily, in any vegetated wetlands or waters. 3. 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. I 2 Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office Copies Furnished: Mr. John Hefner, Field Supervisor 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. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. C. Robert Stroud, Jr., 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 CAROLINA 28402.1890 February 20, 1998 Regulatory Division Action ID No. 199800805 Mr. Johnnie Baker Bridge Tender Restaurant Post Office Box 163 Wrightsville Beach, North Carolina 28480 Dear Mr. Baker: 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 February 5, 1998, for Department of the Army authorization to expand a 36-foot-long by 24-foot-wide deck area between the elevated wooden walkway and the existing deck on the southeast corner of the building on Motts Channel, Wrightsville Beach, New Hanover 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. 199800805. It will be coordinated by the undersigned. Should you have any questions, please contact me at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office Enclosure P=CEavJFp CGASTALMANAGEMENT Copies Furnished (without encl): Mr. John Parker vision of Coastal Management orth Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner, Field Supervisor 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. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. C. Robert Stroud, Jr., 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 CAROLINA 28402-1890 W FEW FEMTO February 6, 1998 Regulatory Division Action ID.: 199800805 Applicant: Bridge Tender Restaurant County: New Hanover Waterway: Motts Channel Work: Deck Mr. Larry Hardy V Mr. John Parker National Marine Fisheries Division of Coastal Management Service, NOAA North Carolina Department of Pivers Island Environment and Natural Resources Beaufort, North Carolina 28516 Post Office Box 27687 Raleigh, North Carolina 27611-7689 Mr. William L. Cox, Chief wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. John Hefner, Field Supervisor Fish and Wildlife Enhancement U. S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. C. Robert Stroud, Jr., District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 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 March 6, 1998. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, ` rey� Ri" ch ter Project Manager Wilmington Field Office Enclosure p�GE�VE�. COASTAL MANAGEMENT M THE BRIDGE TCNDER April 27, 1998 Mr. Doug Huggett Assistant Permit Coordinator NC DEPARTMENT COASTAL MANAGEMENT P. 0. Box 27687 Raleigh, NC 27611-7687 RE: Application for CAMA Permit Bridge Tender Restaurant Dear Mr. Huggett: RECEIVED APR 2 8 1998 COASTAL MANAGEMENT This information is submitted in support of my application for a major CAMA permit to allow for the repair and expan- sion of the existing deck -waiting area at the Bridge Tender Restaurant. As you know, the application was received by your office on December 11, 1997 I understand that processing has been resumed. I have received a copy of the Field Investigation Report by Mr. E. F. Brooks, local CAMA representative in which it is established that this project if approved will result in the shading of only 240 square feet of vegetated wetlands. Water depth in the area is -.5 to -1 mean low water and thus represents no hazard to navigation. This property is adjacent to and a part of the site for which a Major CAMA Permit #127-89 was orginally issued to Mr. J. B. Gerald, P. 0. Box 4218, Wilmington, North Carolina. That permit which was subsequently officially transferred to me with the purchase of the property, authorized the construction of an office building of ±400 square feet, 70' of bulkhead, 300 feet long by 6 feet wide pier and a gazebo with dimensions of 16' x 24'. All of this construction would have taken place over public trust waters, would have shaded or destroyed over 2,600 square feet of marsh, and that project was for a non -water dependent structure. I have elected not to proceed with those additions; however hope that we may be allowed to proceed with our project which is less than 10% of the previously approved project and much less invasive to the eco systems and the entire area. 1414 Airlie Road • P.O. Box 178 0 Wrightsville Beach, North Carolina 28480 • (910) 256-4519 Mr. Doug Huggett Page 2 April 27, 1998 A copy of the details of that construction scheme and the original permit is enclosed for your evaluation. Please advise if you or others have questions in this matter or we can assist you in processing our request. Sincerely, THE BRIDGE TENDER �bhnnie C. Baker JCB:ms Enclosure ,Ae y THE BRIDGE TCNDER April 27, 1998 RECEIVED APR 2 8 1998 Mr. Doug Huggett COASTAL MANAGEMENT Assistant Permit Coordinator NC DEPARTMENT COASTAL MANAGEMENT P. 0. Box 27687 Raleigh, NC 27611-7687 RE: Request for Processing CAMA Permit Application Dear Mr. Huggett: This will confirm my request that you resume processing my application for a major CAMA permit to allow me to repair and expand a deck at the Bridge Tender property. This application was filed December 11, 1997 and final action was delayed due to the filing of official objection by Ms. Ann Hines of New Hanover County Zoning. I have been informed by my attorney that her objection to the project has been lifted effective April 16, 1998 though I did not receive a copy of that correspondence until April 24, 1998. It is appropriate that I furnish comment on your question concerning additional seating that I may intend to add to this area when the permit is processed. A representative of County Zoning visited the site on February 2, 1998 without �my knowledge and chose to discuss my plans for the area with a chef who had just been promoted to an assistant manager by the name of Thomas Wickham. He certainly was not in a position to speak for me much less outline my plans for the area. New Hanover County Zoning was immedia- tely contacted by me concerning their erroneous statement that we planned to add "68 more seats on the new deck area" and if zoning had observed normal business courtesy, they would have chosen to visit with me as owner and applicant for the permit rather than an "undesignated representative" of mine. In their letter of April 16, 1998 County Zoning continues to state the same erroneous information concerning my plans. The unjustified, erroneous, and discourteous actions by County Zoning have had the affect of delaying processing of this permit until the busy season which could require that we wait until late fall to begin if the appli- cation is approved. This will be almost a full year and all due to Ms. Hines of County Zoning's refusal to listen to the facts prior to taking this drastic action. 1414 Airlie Road • P.O. Box 178 • Wrightsville Beach, North Carolina 28480 • (910) 256-4519 Mr. Doug Huggett Page 2 April 27, 1998 I served on the Governor's Submerged Land Committee and am very aware of the issue of serving food over public trust waters in spite of the fact that this area is within my easement which was approved and purchased from the State of North Carolina on August 7, 1997. We have had seating on this deck area since 1976 when I purchased the restaurant and related property from the State of North Carolina. I certainly do not plan to violate the law if a request were made to allow us to expand that existing seating. I will appreciate any assistance you can provide in expedi- ting the processing of this application and hope you will advise if further support information is required. Sincerely, THE BRIDGE TENDER Jnni�e C. Baker JCB:ms cc: County Zoning Joe Taylor, Attorney Bill Caster, Chr. NH Co. Commissioners Wanda Copley, NH Co. Attorney Allen O'Neal, NH Co. Manager Ed Brooks, CAMA, Cardinal Dr. oennit Class" TRANSFER Permit Number STATE OF NORTH CAROLINA Department of Environment,. Health & Natural Resources and Coastal Resources Commission :rr ,.t fotv.. X Major Developmenfiri an Aiea ofEnvironmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued. authorizing development in New Hanover Countyat in the U0 This petmit,'issued on _ July 3, 1990 , 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. 1) -The bulkhead will be positioned landward of all wetlands. To prevent an unintentional violation of this authorization, the bulkhead alignment will be staked by a representative of the Corps of Engineers through coordination with the Division of Coastal Management prior to the initiation of any construction. 2) No vegetated wetlands will be excavated or filled. 3) All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 4) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. (See attached sheet for Additional Conditions) This permit action may be appealed by the petmittee 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 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, Roger N. Srhecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. a _f -7- Signature of Permittee ova ' .,... Permit Number /en'Cla'ss 127-89 MaJor Modification STATE OF NORTH CAROLINA Department of Environment Health &Natural Resources "and..' 'i. Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to B. Gerald P. 0. Box 4218 Wilmington,. NC 28406 f authorizing development in New Hanover Cos requesapplicationd/7/89ncl udi t ted in the permittee's dated 2 AL 4� �nd1 IAtpri rev. 2/14/90, - — "uuildin DuiKneaa anu- rec'd 3/21/90. This permit, issued on March 28 1990 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. FI) The bulkhead will be positioned landward of all wetlands. To prevent an unintentional violation of this authorization, the bulkhead alignment will be staked by a representative of the Corps of Engineers through coordination with the Division of Coastal Management prior to the initiation of any .construction. 2) No vegetated wetlands will be excavated or filled. 3) All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 4) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. (See attached sheet for Additional 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 Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger M. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. of Permitic Gerald ADDITIONAL CONDITIONS Permit #127-89 Page 2 of 2 5) The 110' portion of the pier crossing the open water channel behind the marsh island must be elevated as depicted by shegt; 3 of 4 dated.11/88 to allow for continued use by boaters. 6) No fuel service will be allowed. 7) The proposed building will be located behind all areas of coastal marsh. NOTE: all local building ordinances must be met for both the building and parking lot. 8) The parking lot will be constructed of pervious material and will be graded away from adjacent waters. 9) The activity will be conducted in such a manner as to prevent a significant' increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the water body is 50 NTUs or,; less are not considered significant. 10) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U. S. Coast Guard, through regulations or other -wise'..,.,. on authorized facilities. 11), The authorized structure and associated activity must.not cause an unacceptable interference with navigation. 12) 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 the structure and moored boats will,not be damaged by wave wash normally to be expected in the AIWW. . 13) 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 project without.having the :'• permit transferred to a third party. NOTE: Future changes in project design may require a modification of this permit. Contact a representative of the Division of Coastal Management for this determination prior to commencement. Bu<,e,.va r.O ��lfra _sns.�6 r�i�"c:ZiEp oFFicE �y"� \Z/.IGC es ( �37.f.SF E.O. G.'lY///LE.S�� +•f���7C i % r�Fe. S.7rf��*.�/�•eFEG . �'I 3G, AAAR 22 1990 WINEWMAN V/ ���'�•asI COASTAL RESOURCES CC � L� cs�vv srstE litrOGrR /Ft.Yif Ns. /Z: Bfl �- -- — O.rrca moo' S� 6i�oP,yi/C SCAc..� CA Po , 2� . = SEAL9(•� fz' :o: 2410 '1? W .CEy1�.fP o�_oX/A? fY_.e Grou•ro .Nc ✓• B. G E.eAG O rK? 4T �t ?M.1.L4t a1 ASSOCU TES Caw- x- n,6 F?,,, ^ors lol mc,cCT At! /y 9To 90 ----- J.C. n/„ct--e r-LIOGe TEJJG6a_ ,2ESTAU"'aT Ex1`•7. euLauf�f �AtS rF.vikR l�~l l=l A s• \.0 239'�8f f.e 11cYllg i4lt,: i 6a'cS 1! 42 I pV aI W/ALL000 L..F K � .sa 1� \ I k\ °D L� , E1`I y 111 N Y 4 4� �I � A�tSy 4qK� lofx(p/ r 6 Y V / I a s kwall ` J.C. F3GKEi2 --�- �.. / "I 0 ` I LOCA"OA/ .Him fit FpR 11 1D V �PA I I LO o 20 40 60 Ax./ L ' L°Cc'7:.: / W^.4� VrK Yf°n7E[»o•i 7CSLG IN FE1:'T rrr,� 9LJ I � 71vf` NCN .vMUYEk Go N•C ell ,ha.ar.�� tU LL r4�'QJ OJ 7s 1 u�i u �/.t/�,/ �w,i• ;C. '�S1Eq .N9 •''. ail -r v w �� • Ruxx.� Fo:; �� � 1.:, PI ER AND FLOATING DOC; A L Q i NEAR WRIGHTSVILLE BEACH, N.C. 17 l•ESW y i C^ m CJ U a v : ; 1?p NEW HANOVER CO. %• :aSUM^:`QTQ; M'..�J LL BY J. B. GERALOCD ' p•,�� ,, r P0. BOX 4218 WILMINGTON, N.C. :K ove2 �GK¢ILL] �Ecic- I i R'+IL 7 { T j—� l Cam; a II 9 II li •I 2S7 I PIER ELEVATION , 1 r W W �1L J 69-1 D4E TENo�R Rlc-.rzf`;v4D L1N= PIER AND FLOATING •-"" NEAR WRIGHTSVILLE BEACH, N.C. NEW HANOVER CO. BY J. B. GERALD ' P0. BOX 42'8 WIL:MI NGTON, N.C. %.n„ ,non cwc, — ', pc • n THE DRIDGC TCHDCR March 3, 1998 NEW HANOVER COUNTY INSPECTION SERVICES G Q Zoning Office Qr 414 Chestnut Street Wilmington, North Carolina 28401 GD O� ATTN: Ms. Sherry Byrd Hanson Dear Ms. Hanson: I am in receipt of a copy of your correspondence to NCDEM in which you filed "notice of objection" to the issuance of a CAMA permit to allow me to repair hurricane damage and expand the deck area adjacent to the Bridge Tender Restaurant. The reasons stated for the action is that you understand that we plan to add (68) sixty-eight more seats to the new deck area which would result in a defi- ciency in required parking. I was aware that you visited the site of this work last week and having not been notified of your inspection was not present. It would have been better if I had been called so the project could have been reviewed with you accurately and completely. You inter- viewed Thomas Wickham who is an assistant manager at the restaurant and who has no knowledge of the project or our plans as related to seating. I am very well aware of the requirement for providing adequate parking prior to the placing of additional seats at this location and have no intention of violating that rule. You also stated that we have a total of (72) seventy-two parking spaces. I will share with you a copy of a formally accepted parking plan which includes the original signature of Ms. Ann Hines which confirms that there are (90) ninety legal spaces in that parking lot and be virtue of some creative planning, we now have in excess of 100. A contract has already been given to Cape Fear Paving Company to reseal and stripe the lot which will help to better identify those spaces. 1414 Airlie Road • PO. Box 178 • Wrightsville Beach, North Carolina 28480 • (910) 256-4519 "P Ms. Hanson Page 2 March 3, 1998 With these points in mind, I respectfully request that your objection to the issuance of the LAMA permit be officially withdrawn since this construction is not a proper concern of zoning until such time as we plan to place tables and chairs on that deck and meet the parking requirements. Thank you for your assistance. Sincerely, THE BRIDGE TENDER RESTAURANT J nnie C. Eaker JCB:ms cc: Mr. Ann Hines Mr. Joe Taylor Mr. John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Johnnie Baker/Bridge Tender Restaurant 2. LOCATION OF PROJECT SITE: Adjacent to AIWW/Motts Channel, the Bridge Tender Restaurant, at 1414 Airlie Rd., in New Hanover County. Photo Index - 1995:22-255 J-10 1989: 174-5, S-6 19R4: 18-227 P-7 State Plane Coordinates - %: 2359000 Y: 172200 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/30/98 Was Applicant Present - No - was not available 5. PROCESSING PROCEDURE: Application Received - 12/11/97 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW,PT,CW © Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - County Sewer Planned - N/A (F) Type of Structures: Existing - Restaurant, Marina Planned - Expansion of deck (G) Estimated Annual Rate of Erosion: N/A Source - N/A h f:1 HABITAT DESCRIPTION: [AREA] DREDGED FILLER OTHER (A) Vegetated Wetlands 240 sq.ft. (Shaded) (B) Non -Vegetated Wetlands Public Trust & Estuarine Waters 864 sq.ft. © Other (D) Total Area Disturbed: 864 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMAIARY: The applicant proposes to expand a deck area associated with the restaurant. Also, proposed is the replacement of the existing deck surface. a Johnnie Baker Page 2 ' t 1 1 1 ' I%Y I► The applicant owns several lots along Airlie Road, beginning at the Wrightsville Beach drawbridge and running south approximately 527 feet, adjacent to the Atlantic Intracoastal Waterway. The property supports a business office, two restaurants, a tourist shop, three parking lots, and a vacant lot. The project site, the Bridge Tender Restaurant, is the second building south of the Wrightsville Beach drawbridge. The existing building is located partially over the water. There is an extensive marina and commercial docking system along the applicant's waterfront properties. The waters of Motts Channel are not designated Primary Nursery in this location. The waters are classified SB by the Division of Water Quality, and are closed to the harvest of shellfish. New Hanover County classifies the area as Conservation in their Land Use Plan. The water depth in the project area is approximately -.5' to -1' mean low water. The applicant proposes to expand the open deck area associated with the restaurant. The deck areas function as customer waiting areas prior to being seated inside the restaurant. There are currently two deck areas adjacent to the south side of the building. One area is approximately 31 feet by 24 feet, and the other is 30 feet by 18 feet. The two decks are connected by an elevated wooden walkway, 6 feet wide, which runs along the perimeter of the building. The proposed deck would be constructed between this walkway and the existing deck on the southeast corner of the building. The new deck would be 36 feet long and 24 feet wide. The resulting combined deck area would 60 feet long and 30 feet wide, in addition to the deck on the southwest corner of the restaurant. I - ►Y Y 1' Y 1 101' The project would incorporate approximately 864 square feet of Estuarine Waters and Public Trust Area. The deck expansion would shade 240 square feet of Smooth Cordgrass (Spartina alterniflora) marsh. Although over the water, the proposed deck is landward of the existing docking system and would not pose any hazard to navigation. The project would provide additional waiting space for restaurant patrons. Submitted by: E.F. Brooks Date: 02/02/98 Office: Wilmington , Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. CV1�yV 4�%mm LPL , az/S Ctr _ 1. APPLICANT a. Landowner: Name --Z[—cc0}40 01F- _C li/• ai�ok�- Address _1, 60>C (O J City L State Zip �Day Phone Fax c. Street address or second road n tuber 141d A1'2r ' 5P1 d. Is proposed work within city lim�is or planning jurisdiction? Yes city e. Name of body of water nearest project (e.g. river, creek, sound, bay) A I u! \<l 3. DESCRIPTION AND PLANNED. USE D 9F PROPOSED PROJECT b. Authorized Agent: U Name' DEC O 21997 List all development activities you propose (e.g. DIVISION OF building a home, motel, marina, bulkhead, pier, and Address COASTAL MANAGEMENT�j�� ,o [Z(activities.^ df City State Zip Day Phone Fax c. Project same (if u C NOT: Perris will be issued in name of losdowner(s), and/or Projea Fame. 2. LOCATION OF PROPOSED PROJECT a. Countv b. Is the proposed activity maintenance of an existing project, new work, or both? Bd`ihi c. Will the project be for public, private or commercial use? c LAe2 r_I Al 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. 57p) 7lnL�Q�. Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS in. Describe existing wastewater treatment facilities. C--�tir L a. Size of entire tract ?Lc49, X N n• b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL 67' Q. d. Soil type(s) and texture(s) of tract e. vegetation on tract `4&o44!! G—(J f. Man-made features now n tract �s_M02Au i Xd%Ac C-4-S g. What is the CAMA Land Use Plan land classification of the site? (con=tr the local land we plan.) nservation Transitional �veloped Community - Rural Other h. How is the tract zoned by local government? C19 M MC�1LaLnL— L Is the proposed pro' consistent with the applicable zoning? --,6—,- ' es No 6A Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, 'wash down. and residential discharges.) 1:)OI�E Describe existing drinking water supply, source. r-�virci S y�5 i 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. (Aaach zoning con pliancr eemficare, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2' by IV white paper. (Refer to done for the tract? Yes __11::f�o Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? �v description.) Tny k. Is the project located in a Nation' egistered P note that original drawings are preferred and Historic District or does it invo Nadal 0 2 199i igh quality copies will be accepted., Blue -line Register listed or eligib a property? prints or other larger plats are acceptable only if an Yes o DIVISION OF adequate number of quality copies are provided by CQASTAL MANAGEM4N]cant. (Contact the U.S. Army Corps of 1. Are there wetlands on site? Yes —No Engineers regarding that agency's use, of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has•a delineation been conducted? _tJo requirements and it must be sufficiently detailed to (Aaach doc unen=don, if available) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed returnreceipts 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 +& li &j Address RO. OOK 4 l Phone L Name riz>,oz, Address D S 1 iqC— Phone Of, - 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. I!S- �q --JDkkM,e. c-f341e t �-3.gs ia�-�� ;ati�rNr�G�.�K�• �-3-�0 • 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. DEC 0 21997 DIVISION OF —. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to 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. jn This is the cry day of 90u4Q&A 1957 . Print Name C LE C r Signature r tx Arthotized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development �/DCM W-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and dare each attachment in the space provided at the borrom of each form. Form DCM-MP-4 STRUCTURES. (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. 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/ ier(s) (1) ommercial _Community _Private (2) Number (3) Length (4) Width (5) Finger Piers Yes _ No (i) Numb (ii) Len (iii) Width (6) Platform(s) es _ No ql) Numb (ii) Len (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines 2 is O ° + (9) Width of water body ► Y>. (10) Water depth at waterward end of pier at MLW or NWL y11 b. Boathouse (including covered lifts) (1 A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood eetpile, etc.) (1) Numbe (2) Len (s) d. Breakwater (e.g. wood, sheetpile,:etc(1) Length (2) Average distance fr M, NWL or wetlands (3) Maximum dis6ce beyond MHW, NWL or wetlands r`0111V39 DEC 0 21997 DIVISION OF COASTAL MANA. GEMENT Mooring buoys IVA— (1) _ Commercial _ (2) Number (3) Description of buoy (Color, inscription;G (4) Width of (5) Distance body _ (s) to f. Mooring structure (boa (1) _ Commercial (2) Number _ (3) Length (4) Width Private anchor; "etc.) be placed beyond lings, etc.) Private i g. Other (Give Complete dercli Lion) �Cl'; ; t ► Z4 ije4C 1501 L 1�) tJ, To -HP- -21� f!A y�-tX�(pl Applicant or Project Name r/J sign = ALdJ44X-ex c1`{t i4�f1 Date SITE LOCATION. �j ,wra. 'N 141L SEAGATE (UNINC) lfit POP:2,422 a R^'o WRIGHTSVILLE B s, POP. 2,910 a / �Y4340i' INL � y ��, '! .. DEC 0 21997 SCAM DIVISION OF ° ,QPASTAL MA14AGEMENT SITE LOCATION MAP DECK REPAIR AND WAIT AREA ADDITION NEW HANOVER COUNTY AT BRIDGE TENDER RESTAURANT NORTH CAROLINA 1414 AIRLIE ROAD, NEW HANOVER CO. WRIGHTSVILIE BEACH, NC , Noem u¢ouw oenti,,an a nwsroeunoN °"°'OMO'"°"�'^-""'�O•^�'FO1" BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRANK BY. N1LUAM H WARREN, JR. NOVEMBER 1997 SHEET I OF Z C I NIGH WATER UNE------i ' FOR DRAWBRIDGE ON US 74 & US 76 \ EASEMENT UNE 198' \ .o iLOATING OOCK oI Q4, o� ^— RAMP I nVFD vIER DECK PROJECT 1 I I \P GAZEBO WM— 1 -VA!I ROOF OVER 1 OR it OF ,( 1 I w w 1 I 00STW0 1 DOS71NG DECK WAIT AREA I F y m WMP \\ IW W W I 11 I) W\\ I ADDITIONAL I 1 1 .V DECK FOR I / EXISMNG OEM WAIT AREA i 1 Nv \ I� 1 I I (TiPICA) \ / I w I I \ / BU0 EAD— I 1 I if RAMP DEC 0 21997 DAI NG DOGK FISH�HOUSE RAMP DIVISION OF w COASTAL MANAGEMENT I E PROPERTY OF: M. B. "ISO" 1005 NRUE ROAD BRIDGE TENDER VILLAGE COMPLEX 60 30 0 60 SCALE IN FEET DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRUE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 163 WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY, WHWAM H WARREN, JR. ,{ NOVEMBER 1997 SHEET j OF A , rl 7' II II II 7' EXISTING DECK � I II II KII a Z11 =II I'l BRIDGE TENDER RESTAURANT EXISTING DECK TO BE REPAIRED EXISTING CUSTOMER WAIT AREA II I WAIT AREA ADDITION -7 W W \\ DECK 'qL.+10.0 I I N IW W y o of 6' W W I I 14' o DECK EL.+1 u U D 0 1007 Y 0 0 Z F O z z F 0 w d' N DEC 2 Cpq�TDIVISION OF p REPAIR AND DECK REPAIF PLAN AL MA14AGEM AREA ADDITION AT BRIDGE TENDER RESTAURANT 20 10 0 20 1414 AIRLIE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NC SCALE IN FEET BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WIWAM H WARREN, JR. NOVEMBER 1997 SHEET 5 OF Q- TYPICAL DECK SECTION "A" NOT TO SCALE (c1701ffVTR DEC D 0 21997 DIVISION OF COASTAL MA14AGEMENT CAP 2"x6" RAILING 2"x6" RAILING BOLTED W/1 1/2" DIA. GALVANIZED HARDWARE 2%10" STRINGERS 2"x10" CAPBOARDS (DOUBLE) BOLTED WITH 5/8' DIA. GALVANIZED HARDWARE (0.40 RETENTION) 8"x B" TREATED PILE BOTTOM VARIES 8' MIN. PENETRATION BELOW HARD BOTTOM DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW,HANOVER CO. WRIGHTSMLLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 SVIV= ET 4 ov 4- s ".5r "0,g EASEMENT ME 196' c 'SEA L 11299 J-4-11 E. 1 i \ 'ter y �1 ,2W`/,J2D 1 1 1 I I 1 l I B 0.E�^ �DETR M 'K MArs(+ Gptg'7 nSH HOUSE will FOED PIER- Z OAMO K1T1� ROOF OVER zo Vilz� 5 ASS 19 v-) ;q lito Iqr IY7-IL6141(Igs146114 I h n I POINT'B� I - w� DIVISION OF BRIDGE TENDER VILLAGE COMPLEX /�I nn jj GEMENT COAST�AppL�A� 47 y� ! ' l'=� ( '_ i /,'< � r 40 20 0 40 80 BRIDGE oER NNC O A EASEMENT FOR - I.E. BRIDGE TENDER MARINA PACUTY i-" --- SCALE IN FEET BRIDGE TENDER RESTAURANT rACIUTr nSH HOUSE GRU rACIUrY DISTANCE ALONG BUINHEAO . 6ae'i % 5. ]L,992S AIRUE ROAD. NEW HANOVER CO. DISTANCE FROM POINT A TO PONT B . 540' % 6% 29.16OSr WRIGHTSNUl BEACH, NO EASEMENT AREA - 1}, .u��Si S`r EASEMENT AREA . 1393`16$� - BY: "NNIE BAKER 91.: J66F i 43.960 1.86 AC. 86,96TSF / �3.560 . 1.99 AC. - P.O. BOX 1037 AIRUE ROAD WRIGHTSVILLE BEACH. N.C. 28480 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Johnnie Baker/Bridge Tender Restaurant 2. LOCATION OF PROJECT SITE: Adjacent to AIWW/Motts Channel, the Bridge Tender Restaurant, at 1414 Airlie Rd., in New Hanover County. Photo Index - 1995:22-255 J-10 1989: 174-5, S-6 1984: 18-227 P-7 State Plane Coordinates - %: 2359000 Y: 172200 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/30/98 Was Applicant Present - No - was not available 5. PROCESSING PROCEDURE: Application Received - 12/11/97 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW,PT,CW © Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - County Sewer Planned - N/A (F) Type of Structures: Existing - Restaurant, Marina Planned - Expansion of deck (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 240 sq.ft. (Shaded) (B) Non -Vegetated Wetlands Public Trust & Estuarine Waters 864 sq.ft. ® Other (D) Total Area Disturbed: 864 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to expand a deck area associated with the restaurant. Also, proposed is the replacement of the existing deck surface. F Johnnie Baker Page 2 ' ' : 1 1 1 : IJY 1 ► The applicant owns several lots along Airlie Road, beginning at the Wrightsville Beach drawbridge and running south approximately 527 feet, adjacent to the Atlantic Intracoastal Waterway. The property supports a business office, two restaurants, a tourist shop, three parking lots, and a vacant lot. The project site, the Bridge Tender Restaurant, is the second building south of the Wrightsville Beach drawbridge. The existing building is located partially over the water. There is an extensive marina and commercial docking system along the applicant's waterfront properties. The waters of Motts Channel are not designated Primary Nursery in this location. The waters are classified SB by the Division of Water Quality, and are closed to the harvest of shellfish. New Hanover County classifies the area as Conservation in their Land Use Plan. The water depth in the project area is approximately -.5' to -1' mean low water. The applicant proposes to expand the open deck area associated with the restaurant. The deck areas function as customer waiting areas prior to being seated inside the restaurant. There are currently two deck areas adjacent to the south side of the building. One area is approximately 31 feet by 24 feet, and the other is 30 feet by 18 feet. The two decks are connected by an elevated wooden walkway, 6 feet wide, which runs along the perimeter of the building. The proposed deck would be constructed between this walkway and the existing deck on the southeast corner of the building. The new deck would be 36 feet long and 24 feet wide. The resulting combined deck area would 60 feet long and 30 feet wide, in addition to the deck on the southwest corner of the restaurant. III The project would incorporate approximately 864 square feet of Estuarine Waters and Public Trust Area. The deck expansion would shade 240 square feet of Smooth Cordgrass (Spartina alterniflora) marsh. Although over the water, the proposed deck is landward of the existing docking system and would not pose any hazard to navigation. The project would provide additional waiting space for restaurant patrons. Submitted by: E.F. Brooks Date: 02/02/98 Office: Wilmington Forme DCM-MP-1 APPLICATION (To be completed by all applicants) b. Ci ,town %mm 1. APPLICANT a. Landowner: Name 1—o -Io of p— �• �/�[L�f� Address Rz2, Box<16 3 City ( r l L 'State Zip VDay Phone Fax b. Authorized Agent: c. Street address or secondary mad n tuber 1414 +�t2LIt�VarSd.I� I� d. TS proposed work within city limis or planning jurisdiction? Yes No e. Name of body of water nearest project e.g. river, creek, sound, bay) /S. I � \, 3. DESCRIPTION AND PLANNED USE F PROPOSED PROJECT Name DEC 0 21997 c ist all development activities you propose (e.g. DIVISION OF building a home, motel, marina, bulkhead, pier, and Address COASTAL MA14AGEMENTexcavation and/or fillin activities. f=-T241'N4 " City State Q A C57W <= rI Zip Day Phone b. Is the proposed activity maintenance of an existing Project, new work, or both? &2]:14 Fax NO TM, Pere %Q be issued in name of imdamwr(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. Countv MeW HAW c. Will the project be for public, private or commercial use? t^QL4 LA D r 1 AL — 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. .6 Q . R.V;.a nvoC Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS in. Describe existing wastewater treatment facilities. CcVJE j S_JS2- 1 a. Size of entire tract ?Lag, Sig —A uw/wn. Describe location and type of discharges to waters —Chl O `j of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down' and residential discharges.) c. Approximate elevation of tract above MHW or 1JOuC—: NWL RNA-/ d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. 1Jd c�var!5y-5 i on e. Vegetation on tract `�11_oe,-CA(�W i✓d— Tu_x�, JGc�— f. Man-made features now n tract 57AL7f�AU7-Xd/AcGcs5� 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the iooaz;and =e plan.) In addition to the completed application form, -the following items must be submitted: nnservation Transitional :T�__eveloped Community A copy of the deed (with state application only) or - Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then C� M forward a copy of the deed or other instrument under which the owner claims tide, plus written permission L Is the proposed prg*gzt consistent with the applicable from the owner to carry out the project. zoning? —6.,:: ' es No (Attach Zoning mmpl;mtce certificate, ;f applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 M' by II* white paper. (Refer to done for the tract? Yes _Le_-�O Coastal Resources Commission Rule 7I.0203 for a If yes, by whom? 1�� r� r description.) k. Is the project located in a Nation egistered P note that original drawings are preferred and Historic District or does it invol Nafal 0 2 1997° igh quality copies will be accepted. Blue -line Register listed or eligib a property? prints or other larger plats are acceptable only if an Yes o DIVISION OF adequate number of quality copies are provided by CgASTAL MANAGEM4plant. (Contact the U.S. Army Corps of 1. Are there wetlands on site? _✓Yes _ No Engineers regarding that agency's use, of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has'a delineation been conducted? a requirements and it must be sufficiently detailed to (Anach docum n=don, if available) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • 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 Q13. !if ,M Address OiC 417 Phone ( Name W.C. rlz> 0, 1�- Address D1\/4,S1Q0C I V C— Phone 1J 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. _ JDhuMfe. C-- gleCA 1a2-91 JatiNN�Gr��Kt�• -3-�0 • 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. O DEC 0 2 1997 DIVISION OF _ LIUA3 HI 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to 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. it" This is the ci4 day of IJouwt84195- . Print Name3OAWLE Ct 13AV-C�L Signature �* � Lardotnrr or Ardwrked Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development /DCM W-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and dare each attachment in the space provided at the bosom of each form. Form DCM-MP-4 STRUCTURES, (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/ ter(s) (1) ommercial _C6mmunity _ Private () Number (33) Length (4) Width (5) Finger Piers Yes _ No (i) Numb (ii) Len (iii) Width (6) Platform(s) es _ No (i) Numb (ii) Len (iii) Width (7) Number of slips proposed 61/a. (8) Proximity of structure to adjacent riparian property lines -2 IS C> + (9) Width of water body ►.Ys (10) Water depth at waterward end of pier at MLW or NWL 1.74 b. Boathouse (including covered lifts (1) Commercial Private (2) Length (3) Width c. Groin (e.gwood eetpile, etc.) (1) Numbe (2) Len (s) d. Breakwater (e.g. etc wood, sbyileMW(1) Length (2) Average distance , NWL or wetlands (3) Maximum d' ce beyond MHW, NWL or wetlands DEC Q 21997 DIVISION OF COASTAL MA14AGEMENT A— e. Mooring buoys IV (1) _ Commercial _Co unity _ Private (2) Number - (3_) Description of buoy (Color, inscription size, anchor; -etc.) (4) Width of w er body (5) Distance uoy(s) to be placed beyond shorelin f. Mooring structure (boatlift coring pilings, etc.) (1) _ Commercial Community _ Private (2) Number � (3) Length (4) Width g. Other (Give complete dercri ft ® �c►S � i �z Nc.)r (_ 1:�)t lvr To -HS 1L,(i�fT" At2�r4 N��Cl Applicant or Project Name G �l r C AdJtut�{% sr DIVISION OF PPASTAL MA14AGEMENT SITE LOCATION MAP sra�acm ewrv�®u ,wo sue� •cus NEW HANOVER COUNTY NORTH CAROLINA ,aan, uno,ru oaurrea or rwwsron�noH ui wart�wr w nue,o,una DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NO , BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY. WILLIAM H WARREN, JR. NOVEMBER 1997 SHEET I OF A - HIGH WATER UNE NO DOT PROYWu FOR DRAWBRIDGE ON US 74 9 US 76 C1cNGNT I INE 198 DECK PROJECT FUDEC.021997 DIVISION OF COASTAL MA14AGEMENT M. B. wlL 1405 A1RIE ROAD BRIDGE TENDER VILLAGE COMPLEX 60 30 0 60 SCALE IN FEET r 1� DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRUE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NO BY: JOHNNIE BAKER P.O. BOX 153 WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: 1NLL1AM H WARREN, JR. NOVEMBER 1997 SHEET 2 OF II f I II II 7' EXISTING DECK TENDER mII o zI' Z,I NII z XIS F o EXISTING CUSTOMER i i z WAIT AREA N BRIDGE RESTAURANT EXISTING DECK TO BE REPAIRED WAIT AREA ADDITION —7 W W 7p i W \ DECK E{L.+10.0 O oi + J w I � A s I N Iw w .v I o I I oI 6' 1 W W W I 14' 10' DECK EL.+1 IJ D DEC 0 21997 pp DIVISION OF D REPAIR AND DECK REPAIf� P AVAL MANAGEMN AREA ADDITION AT BRIDGE TENDER RESTAURANT 20 10 0 20 1414 AIRLIE ROAD, NEW HANOVER CO. - WRIGHTSVILLE BEACH, NC SCALE IN FEET BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: W LOAM H WARREN, JR. NOVEMBER 1997 SHEET 5 OF 4- BRIDGE RESTAURANT EXISTING DECK TO BE REPAIRED WAIT AREA ADDITION —7 W W 7p i W \ DECK E{L.+10.0 O oi + J w I � A s I N Iw w .v I o I I oI 6' 1 W W W I 14' 10' DECK EL.+1 IJ D DEC 0 21997 pp DIVISION OF D REPAIR AND DECK REPAIf� P AVAL MANAGEMN AREA ADDITION AT BRIDGE TENDER RESTAURANT 20 10 0 20 1414 AIRLIE ROAD, NEW HANOVER CO. - WRIGHTSVILLE BEACH, NC SCALE IN FEET BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: W LOAM H WARREN, JR. NOVEMBER 1997 SHEET 5 OF 4- TYPICAL DECK SECTION "A" NOT TO SCALE �4011�1177 0BDECEC 21997 DIVISION OF COASTAL MANAGEMENT CAP 2"x6" RAILING 2"x6" RAILING BOLTED W/1 1/2" DIA. GALVANIZED HARDWARE 2"x10" STRINGERS 2"x10" CAPBOARDS (DOUBLE) BOLTED WITH 5/8' DIA. GALVANIZED HARDWARE (0.40 RETENTION) 8"x 8" TREATED PILE BOTTOM VARIES 8' MIN. PENETRATION BELOW HARD BOTTOM DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW,HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 SI-1r;=ET 4 ov 4- \2w`Y\323 9� MiN5 5 el 6pdds,"2 N •XC I 1 I 1 I�' BUU(NEAD I I qlW�E FIXED W 17// I,UA7GIv A(` 7iDC DEED I \9 3q lIto L1l f, I��i` t TSHTt I 35t I I{ OECN �(TYPICKE �U7 ,02 POINT 'B' y I// DIVISION BRIDGE TENDER VILLAGE COMPLEX {{ii GENIEN-f COASTA,A '4'7 I�'� /�( �� /.YiT �' 4o zO (( 0 40 80 �liTENDER N�GE A EASEMENT rpi LE. BRIDGE TENDER MARINA FACUTY SCALE IN FEET BRIDGE TENDER RESTAURANT FACUIY ASH HOUSE Chu rACUTY AIRUE ROAD, NEW HANOVER CO, DISTANCE EASEMENT ALONG %.EAO 6A6•L A 5. - 3..992Sr AREA - 116.t+I5r -0A.93?EF 51.135V % .3.56D - 1.86 AC. DISTANCE FROM POINT A TO POINT B . 54W % 64 - 29.1605E MRIMMLIE BEAM. NO EASEMENT AREA - 116,1p75E BY: JCNNNIE BAKER -29.I605f P.O. BOX 1037 AIRUE ROAD 66.967SE / .3.660 - 1.99 AC. WRIGHTSVILLE BEAM. N.C. 28460 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Johnnie Baker/Bridge Tender Restaurant 2. LOCATION OF PROJECT SITE: Adjacent to A1WW/Motts Channel, the Bridge Tender Restaurant, at 1414 Airlie Rd., in New Hanover County. Photo Index - 1995:22-255 J-10 1989: 174-5, S-6 1984: 18-227 P-7 State Plane Coordinates - %: 2359000 Y: 172200 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/30/98 Was Applicant Present - No - was not available 5. PROCESSING PROCEDURE: Application Received - 12/11/97 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW,PT,CW ® Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - County Sewer Planned - N/A (F) Type of Structures: Existing - Restaurant, Marina Planned - Expansion of deck (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: 3 (A) Vegetated Wetlands 240 sq.ft. (Shaded) (B) Non -Vegetated Wetlands Public Trust & Estuarine Waters 864 sq.ft. ® Other (D) Total Area Disturbed: 864 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUNIMARY: The applicant proposes to expand a deck area associated with the restaurant. Also, proposed is the replacement of the existing deck surface. Johnnie Baker Page 2 ' ' : � 1 I : IJY 1 ► The applicant owns several lots along Airlie Road, beginning at the Wrightsville Beach drawbridge and running south approximately 527 feet, adjacent to the Atlantic Intracoastal Waterway. The property supports a business office, two restaurants, a tourist shop, three parking lots, and a vacant lot. The project site, the Bridge Tender Restaurant, is the second building south of the Wrightsville Beach drawbridge. The existing building is located partially over the water. There is an extensive marina and commercial docking system along the applicant's waterfront properties. The waters of Motts Channel are not designated Primary Nursery in this location. The waters are classified SB by the Division of Water Quality, and are closed to the harvest of shellfish. New Hanover County classifies the area as Conservation in their Land Use Plan. The water depth in the project area is approximately -.5' to -1' mean low water. The applicant proposes to expand the open deck area associated with the restaurant. The deck areas function as customer waiting areas prior to being seated inside the restaurant. There are currently two deck areas adjacent to the south side of the building. One area is approximately 31 feet by 24 feet, and the other is 30 feet by 18 feet. The two decks are connected by an elevated wooden walkway, 6 feet wide, which runs along the perimeter of the building. The proposed deck would be constructed between this walkway and the existing deck on the southeast corner of the building. The new deck would be 36 feet long and 24 feet wide. The resulting combined deck area would 60 feet long and 30 feet wide, in addition to the deck on the southwest corner of the restaurant. I I F- ►YY I' � Y DI III V-169 The project would incorporate approximately 864 square feet of Estuarine Waters and Public Trust Area. The deck expansion would shade 240 square feet of Smooth Cordgrass (Spartina alterniflora) marsh. Although over the water, the proposed deck is landward of the existing docking system and would not pose any hazard to navigation. The project would provide additional waiting space for restaurant patrons. Submitted by: E.F. Brooks Date: 02/02/98 Office: Wilmington Forts: DCM-MP-I APPLICATION (To be completed by all applicants) b. C�it �, to�w�n, comap�i�y 1. APPLICANT � 2 N%`� i LLB a. Landowner: Name ��� l.' . Address �Q1�. 0>< 163 City J„ 1Aa L L('State Zip may Phone Fax c. Strw address or sevoad road n tuberl� ll� V+LA M Sty J d. Is proposed work within city lurs or planning jurisdiction? Yes _(� No e. Name of body of water nearest project (e.g. river, creek, sound, bav) /� I \� 3. DESCRIPTION AND PLANNED USE '� n PF PROPOSED PROJECT b. Authorized Agent: ) UJ Name DEC 0 2 1997 � List all development activities you propose (e.g. Address City Zip Day Phone Fax DIVISION OF building ahome, motel, tsarina, bulkhead, pier, and COASTAL MA14AGEMENTexcavation and/or filling activities. NRrz � n=;C� 1UN o I2Gl PJ Git f=— a State oac_y A? >CIS`i�lI��v \1_a'iT dFe_7�1�' C. Project name (if any) G 615 ) C NOM: Pernut wifl be u.-ued in � vjlmidg%nu (z), =%dlor project name. 2. LOCATION OF PROPOSED PROJECT a. County F=--W HA100l`�l� b. Is the proposed activity maintenance of an existing project, new work, or both? Bem-H c. Will the project be for public, privateorr commercial use? Colt A M P _ 1 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 paces. Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. �T� a. Size of entire tract ?Last n• b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL 4!9' @, r4N4-{ d. Soil type(s) and texture(s) of tract Qd e. Vegetation on tract Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down' and residential discharges.) o. Describe existing drinking water supply source. ezn »ti SAS 1 02 f. Man-made features now gn tract 6(t.S^l g4 /J i/AcccsS-- D�� 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (rowm t the local land we plan.) In addition to the completed application form, the following items must be submitted: nservation Transitional �veloped Community A copy of the deed (with state application only) or - Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then Go N1 forward a copy of the deed or other instrument under which the owner claims title, plus written permission L Is the proposed pro' consistent with the applicable from the owner to carry out the project. � zoning? --6' es No (Aaach Zoning compliance cetificate, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 M' by 11" white paper. (Refer to done for the tract? Yes_ Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? 1 i ataileddescription.) k. Is the project located in a Nation egistered P note that original drawings are preferred and Historic District or does it invol Na" 0219970 igh quality copies will be accepted. Blue -line • Register listed or eligib a property? prints or other larger plats are acceptable only if an Yes NO DIV1SiON OF adequate number of quality copies are provided by CsASTAL MANAGEM4N16ut. (Contact the U.S. Army Corps of I. Are there wetlands on -site? Yes _ No Engineers regarding that agency's use, of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has'a delineation been conducted? _1-36 requirements and it must be sufficiently detailed to (Anach documentation, if a„ailable) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER —T� CHARACTERISTICS a. Size of entire tract Rexc- Srar--1t � n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or 1 MOUE NWL d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. 1 i0 c1�tJtirC/ Sy��i I �_ e. Ve;etation on tract �1�1�ipSCA�E%� �ay—�1� KJGC' f. Man-made features now gn tractL�i^ T1u72A1J iyj/AcGCSS DEc45, 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land addition to the completed application form, the classification of the site. (Co�unU the loosi land we plan.) In following items must be submitted: iiservation Transitional �veloped Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? 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 L Is the proposed pro consistent with the applicable from the owner to carry out the project. zoning? ---&,,- ' es No (Mach zoning compliance eerdficaxe, fapplimble) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to Scale in black j. Has a professional archaeological assessment been ink on an $ 1/2" by 11" white paper. (Refer to done for the tract? Yes .__/.e-�-o Coastal Resources Commission Rule 7].0203 for a If yes, by whom? re description.) �description.) k. Is the project located in a Natioh'egistered P note that original drawings are preferred and Historic District or does it invo Na o igh quality copies will be accepted. Blue -line 0 21997 Register listed or eligib a property? prints or other larger plats are acceptable only if an Yes I lewo DIVISION OF adequate number of quality copies are provided by ZYes STAL MANAGEMkplcant. (Contact the U.S. Army Corps of 1. Are there wetlands on site? _ No Engineers regarding that agency's use, of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has'a delineation been conducted? �ov requirements and it must be sufficiently detailed to (Arman documemmion, if available) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 4. LAND AND RATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. SVS23rz� a. Size of entire tract ?LC I ram- AT n. Describe location and type of discharges to waters �j of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of. tract above MHW or 1�OrJE NWL d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. fJd e. Vegetation on tract L NWZ,CA(%G f. Man -trade features now on tractl�iTl P€STAt 7QW i Id ACLGSS I7�� 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land addition to the completed application form, the classification of the site. (rowulr 8m Mm1;mnd =e pion.) In following items must be submitted: qn nservation Transitional �veloped Community A copy or the deed (with state application only) or - Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then C� NI N1 tffJDjC Jnt- - forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. 15 the proposed p�to consistent with the applicable from the owner to carry out the project. zoning? --b� ' es No (Arms, zoning mmp;;m w een;fimre, if app;;mb;e) An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an $ 1/2' by 11" white paper. (Refer to done for the tract? Yes .__L,__�_o Coastal Resources Commission Rule 71.0203 for a If yes, by whom? �: i� ' �d description.) k. Is the project located in a Nation Registered P note that original drawings are preferred and Historic District or does it involo a Nagel 02 �9970. � igh quality copies will be accepted. Blue -line -Register listed or eligible property7 prints or other larger plats are acceptable only if an tt�r DIVISION OF adequate number of quality copies are provided by ' Yes ° COASTAL MAPJAGEM�ricant. (Contact the U.S. Army Corps of 1. Are there wetlands on P site? ✓ Yes _ No Engineers regarding that agency's use. of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has'a delineation been conducted?� requirements and it must be sufficiently detailed to (Aeach documenmdon, ifaxagab;e) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • 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. X Name g.� CNJ Address 130K 4 l Phone l L Name rizwx-, Address Di Q 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. _ 11 S^ Fdi JDkMMle la7-N1 IL CAKdc r7-3-(F0 • 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. 'T 'D H70 0 21991 DIVISION OF _ �.V b I AL IVIAAAU 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained iz 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. I This is the c�y v, day of AGuW9K 1957 . Print Name -A 0- I Q LC VA4Z��n-- Sigaature L=zdoLwr n Arthoriud Agmt 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 anachment in the space provided at the bottom of each form. Form DCM-MP-4 711 Epp STRUCTURES. TDEC 0 2 11997 2 (Construction within Public Trust Areas) DIVISION OF COAS T AL MA14AGEMENT Attach this form to Joint Application for CAMA Major e. Mooring buoys iV / Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Co unity _ Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy - — (Color, inscription size, anchor, etc.) a. Dock(s)and/ ier(s) (1) ommerci — al _Community _ Private (2) Number (3) Length (4) Width of w er body (4) Width (5) Distance b�uoy(s) to be placed beyond (5) Finger Piers Yes _ No shoreline/ (i) Numb (ii) Len f. Mooring structure (boatlift oaring pilings, etc.) (iii) Width (1) _ Commercial Community _ Private (6) Platform(s) es _ No (2) Number (i) Numb (3) Length (ii) Len (4) Width (iii) Width (7) Number of slips proposed UA:a' g. Other (Give ro„'oute de:m lion) (8) Proximity of structure to adjacent riparian �j �X1S 1 i 1.�� M—LL a&200Ai� property lines 2 1 ° { i�C?l L FS i NY To .Re -PERAc (9) Width of water body t� (10) Water depth at waterward end of pier at,✓Fst MLW or NWL MA WL /z' f i b. Boathouse (including -covered lifts �a (1) Commercial Private (2) Length (3) Width Applicant or Project Name (v� c. Groin (e.g. wood eetpile, etc.) S�oa (1) Numbe (2) Len (s) J d J test /rea4 `i N� Dated. Breakwater (e.g. wood, sheetpile, etc (1) Length (2) Average distance fr MHW, NWL or wetlands (3) Maximum d" ce beyond MHW, NWL or wetlands DEC 0 2 1997 `1 scmg DIVISION OF a ,COASTAL MA14AGEMENT SITE LOCATION MAP FMAYGED MIINIOVAI Arm 51101Yew+ •YEAS NEW HANOVER COUNTY NORTH CAROLINA r�artm cAaaY+A oauiwen ov nAraroeunoN mmx d wvxrn-nwrp YYQWrOI YYYIYI va oe....en ar unaanuo, DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 1037 AIRUE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 SHEET I OF A- HIGH WATER UNE—; NO Dui rrtercnrt FOR DRAWBRIDGE ON US 74 & US 76 I EASEMENT UNE 198' FLOATING DOCK� 11 N I � 1 � w o l 1 BRIDGEPom° 4, / RAMP RAMP W , FIXED PIER — DECK PROJECT 1 - RAMP 1�• I %1, GAZEBO WwH 1 DER I ROOF OVER 1 BR��pORANT I v� �1 w � I I DISBNG I DECK WAIT AREA I I F � o 0 0 1 v\ � W PI f 1 I 1 \ u% Iw w � I ADDITIONAL I DECK FOR %I, I 1 /DUS71NG DECK j I WAIT AREA I TIE PILE II / BVUOIEAD— W W r I I 1 H v I m I r DEC 0 21997 RAMP DAMS DOCK I DIVISION OF FISH GRILLRAMP COASTAL MAI4AGEMENT W PROPERTY OF: I M. B WISON 1405 AIRUE ROAD BRIDGE TENDER VILLAGE COMPLEX 60 30 0 60 SCALE IN FEET DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRUE ROAD, NEW HANOVER CO. WRIGHTSVIUF BEACH, NC BY: JOHNNIE BAKER P.O. BOX 163 WRIGHTSVILE BEACH, N.C. 28480 DRAWN BY: WILLAM H WARREN, JR. ,F NOVEMBER 1997 SHEET Z OF I I 7' I I EXISTING DECK I � I II I II I wli � ZII cr =I O + I w BRIDGE TENDER mll o CDw RESTAURANT I' Y I NII Z W I EXISTING DECK -w a TO BE REPAIRED i i of I EXISTING CUSTOMER I cv WAIT AREA II p WAIT AREA ADDI710N I w 3� jl o�T WE W In I OBI WO I it wm r- w I (n J N QK WQ I I I I I I I 7' Iy I ' W 36' 18' W \\ DECK EL.+10.0 1 � •v d` I I � N 1 I oI 6' I W W w I II I I b W W J i I 23' 14' o DECK EL.+1 Q1 1 DEC 0 21997 I 1 a 1 DIVISION OF DECEPAIR AND wl pq�T Y I DECK REPAIIF PLECN AL MA14AGEMM AREA ADDITION AT BRIDGE TENDER RESTAURANT 20 10 0 20 1414 AIRLIE ROAD, NEW HANOVER CO. I i WRIGHTSVILLE BEACH, NO F i SCALE IN FEET BY, JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD .xw.. i WRIGHTSVILLE BEACH, N.C. 28480 I I I i DRAWN BY., WIWAM H WARREN, JR. ' NOVEMBER 1997 SHEET S OF 4' TYPICAL DECK SECTION $$A" NOT TO SCALE DEC C 0 2 1997 DIVISION OF COASTAL MANAGEMENT CAP 2%6" RAILING 2"x6" RAILING BOLTED W/1 1/2" DIA. GALVANIZED HARDWARE 2"x10" STRINGERS 2"x10" CAPBOARDS (DOUBLE) BOLTED WITH 5/8' DIA. GALVANIZED HARDWARE (0.40 RETENTION) 8"x 8" TREATED PILE BOTTOM VARIES 8' MIN. PENETRATION BELOW HARD BOTTOM DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW,HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28486 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 Suv=ET 4 of 4-- �c 'SEAL 11299 S-0, E. '24% JP Smoot W .*< MQrsi+ Gpp&'� FISH HOUSE WILL 5 51 —61� EASEMENT ME 198' MtN� 6pV12-12 7 FIXED PIER 7 3Z OAMO WITH. ROOF Owt 2 IJ-! k% N 1'" I 476 u IT# (�47P72-- A( gt6y 7lvO 7X�Ak,51T Z)OC.Z DEED 'F I L12 'T'J n5E/m I I gg DECK 2 �RE PILE (TYPICAL) '� '( .............. P )� D T " VS114-G147 c21 Tu JI I PgyN B 0lVISIOI\' OF A BRIDGE TENDER VILLAGE COMPLEX COf�STPA6p%:Pi;�r ONO EoAusN ENT ro i7 40 20 0 40 80 BRIDGE TENDER HUACE I.E.. BRIDGE TENDER MARINA FACILITY _ SCALE IN FEET BRIOCE TENDER RESTAURANT rACNtt flSH HOUSE g6LL rAOLJTY MILE ROAD, NEW HANOVER CO. DISTANCE AL CNG BDINHEAD 6X6'2 % Sa JJ.9925F DISTANCE FRg1 POINT A TO POINT B 540' % 59 19.1605E WRItR1T5NL1E EIEACH, NC EASEMENT AREA u6.1'• EASEMENT AREA -116.1 Z,6 BY. JOHNNIE BAKER 9i1 19.967S P.O. BOX 1037 AIRUE ROAD 91 1355E j^�3.36D 1.66 AC. 86.967Y / A.560 1.99 AC. WRIGXTSNLLE BEACH, N.C. 28460 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Johnnie Baker/Bridge Tender Restaurant 2. LOCATION OF PROJECT SITE: Adjacent to AIWW/Motts Channel, the Bridge Tender Restaurant, at 1414 Airlie Rd., in New Hanover County. Photo Index-1995:22-255 J-10 19R9: 174-5, S-6 199: 18-227 P-7 State Plane Coordinates - X: 2359000 Y: 172200 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/30/98 Was Applicant Present - No - was not available 5. PROCESSING PROCEDURE: Application Received - 12/11/97 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW,PT,CW ® Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - County Sewer Planned - N/A (F) Type of Structures: Existing - Restaurant, Marina Planned - Expansion of deck (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED t7T11ER Q (A) Vegetated Wetlands 240 sq.ft. (Shaded) (B) Non -Vegetated Wetlands Public Trust & Estuarine Waters 864 sq.ft. ® Other (D) Total Area Disturbed: 864 sq.ft. (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to expand a deck area associated with the restaurant. Also, proposed is the replacement of the existing deck surface. 1 Johnnie Baker Page 2 9. The applicant owns several lots along Airlie Road, beginning at the Wrightsville Beach drawbridge and running south approximately 527 feet, adjacent to the Atlantic Intracoastal Waterway. The property supports a business office, two restaurants, a tourist shop, three parking lots, and a vacant lot. The project site, the Bridge Tender Restaurant, is the second building south of the Wrightsville Beach drawbridge. The existing building is located partially over the water. There is an extensive marina and commercial docking system along the applicant's waterfront properties. The waters of Motts Channel are not designated Primary Nursery in this location. The waters are classified SB by the Division of Water Quality, and are closed to the harvest of shellfish. New Hanover County classifies the area as Conservation in their Land Use Plan. The water depth in the project area is approximately -.5' to -1' mean low water. The applicant proposes to expand the open deck area associated with the restaurant. The deck areas function as customer waiting areas prior to being seated inside the restaurant. There are currently two deck areas adjacent to the south side of the building. One area is approximately 31 feet by 24 feet, and the other is 30 feet by 18 feet. The two decks are connected by an elevated wooden walkway, 6 feet wide, which runs along the perimeter of the building. The proposed deck would be constructed between this walkway and the existing deck on the southeast corner of the building. The new deck would be 36 feet long and 24 feet wide. The resulting combined deck area would 60 feet long and 30 feet wide, in addition to the deck on the southwest corner of the restaurant. The project would incorporate approximately 864 square feet of Estuarine Waters and Public Trust Area. The deck expansion would shade 240 square feet of Smooth Cordgrass (Spartina alterniflora) marsh. Although over the water, the proposed deck is landward of the existing docking system and would not pose any hazard to navigation. The project would provide additional waiting space for restaurant patrons. Submitted by: E.F. Brooks Date: 02/02/98 Office: Wilmington Form DCM-MP-1 APPLICATION (To be completed by all applicants) b.Ci, town, commppity or I azl, I 1. APPLICANTI?-��! 1 LLB j t a. Landowner: Name -TO}-10oiF— 1. • -V)%el/t—�P" Address \NO, box I & 5 City L 'State 1✓ s Zip _26�JDay Phone Fax c. Street address or secondary road a tuber �F IG4 zS.l ig L I_ V D 1 �7 d. Is proposed work within city limis or planning jurisdiction? yes No e. Name of body of water nearest p oject e.g. river, creek, sound, bay) 4 UOV 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: f(0JE1[V1& ' Imo, F PROPOSED PROJECT Name DEC 0 2 1997 -a.- List all development activities you propose (e.g. DIVISION OF building ahome, motel, marina, bulkhead, pier, and Address COASTAL MANAGEMENT excavation and/or fillip activities. City State Q -1P-7 WL!� it-;�>q S`rl Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Bc—n4 Fax NOT: Perna+ xiU be i++ued in M ojfmidv,,�(+), and/or Project name. 2. LOCATION OF PROPOSED PROJECT a. Countv QE\�� HAK)LA./04--1— c. Will the project be for public, private or commercial use? Q( 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 oa2es. �T/SJUd)LhF2,0 Revised 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS m. Describe existing wastewater treatment facilities. CCL) tJ i ,5 --t S =s=—Z i `-T _ a. Size of entire tract (aa5c-, s QI n• b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL �� C<d d. Soil type(s) and texture(s) of tract �0 e. Vegetation on tract `�►�IoSC�E(� (E:0.D :E:1ZA IUGG f. Man-made features now gn tract g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land =e plan. ,��onservation Transitional _�L15eveloped Community Rural Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? es No j T, Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) '1 opc—: o. Describe existing drinking water supply source. 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. (Artach Zoning conyliance eerdficare, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes _L,::�o Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) Is the project located in a National Registered Piess'e note that original drawings are preferred and Historic District or does it involve a National 4 2 1997011y'high quality copies will be accepted. Blue -line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes o DiVISiON OF adequate number of quality copies are provided by t SASTAL MANAGEM{�4icant. (Contact the U.S. Army Corps of Are there wetlands on site.) Yes _ No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? —��=itV requirements and it must be sufficiently detailed to (Anach ducunwn=non, iia„ dable) guide agency personnel unfamiliar with the area to the l Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • 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 60M Address OKC Phone ( Name Address S ! V C— Phone U 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. II s'- �'�( JDhk.v�c� ��R�Cr/( (0--3-•5c S r7-3-10 • 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. DEC 0 2 1997 DIv J(_;N OF a t7 NIT--tff 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to 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 C�4_ day of d O � ae 44 19 57 . Print Name C1 E C PiAIIL-2 Signature LandoC7wr or Authorized 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 03195 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/ ier(s) (1) ommercW _Community —Private (2) Number (3) Length (4) Width (5) Finger Piers Yes _ No (i) Numb (ii) Len (iii) Width (6) Platform(ses —No (i) Numb (ii) Lengtb (iii) Width (7) Number of slips proposed �ih. (8) Proximity of structure to adjacent riparian property lines 25C:' (9) Width of water body ► _l6. (10) Water depth at waterward end of pier at MLW or NWL )..7A. b. Boathouse (including covered lifts (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood eetp1 etc.) (1) Numbe (2) Len (s) d. Breakwater (e.g. wood, sheetpile, etc (1) Length (2) Average distance fr M1iW, NWL or wetlands (3) Maximum disCmce beyond M11W, NWL or wetlands Z1011'�'�V`1�9 DO DEC 0 4 N9 l DIVISION OF COASTAL MANAGEMENT e. Mooring buoys I )X (1) _ Commercial _ (2) Number (3) Description of buoy (Color, inscription,/ (4) Width of (5) Distance f. Mooring structure _ Private anchor, etc.) body (s) to be placed beyond (1) _ Commercial (2) Number _ (3) Length (4) Width pilings, etc.) ity _ Private g. Other (Give ronplete desrn Lion) d ex ► s�'i ►� eu/_ 13CA L n I Nr 729 jaul/�D1 _I (_ 24i .,(, --:5(o t Applicant or Project Name s'igna ,fa0u„�<,c Revised 03/95 1�0=V1T DEC 0 2 1997 SCAM DIVISION OF D ypASTALMANAGEMENT SITE LOCATION MAP ENURGED AWNICIYAI AND SUIIR\.W AIEAS NEW HANOVER COUNTY NORTH CAROLINA NORM WOINA DBARME11f O! RMIWRfAIIpN Onlldr d NDIIw�A-nrn Yo bu0i Wrol ua oeuuwr or n.iwwwo. DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NC , BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 SHEET I OF Cl DECK DEC 0 2 1997 HIGH WATER UNE-�I NC DOT PROPERTY FOR DRAWBRIDGE ON US 74 k US 76--/ DIVISION OF I COASTAL MANAGEMENT 1405 AIRIIE ROAD BRIDGE TENDER VILLAGE COMPLEX 60 30 0 60 SCALE IN FEET DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRUE ROAD, NEW HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 163 WRIGHTSVILLE BEACH, N.C. 26460 DRAWN BY: WILUAM H WARREN, JR. NOVEMBER 1997 SHEET Z OF 4- �w I �J 4K I w¢ I I I I I I I I I I I I I I I I I I I I rl 7 7' EXISTING I DECK II II III a Zjl Oil BRIDGE TENDER RESTAURANT C�II II NII EXISTING DECK w Z TO BE REPAIRED "i o II EXISTING CUSTOMER Z WAIT AREA II F WAIT AREA ADDITION Ln w N W W JO IV W W \ DECK EtL.+10.0 J w `L U w N I I OI I W W W I I b W W W I 14' 10' DECK EL.+1 Q1 ry �l DEC 02 1997 pp�TDIVISION OF REPAIR AND DECK REPAIR' PLAN AL MAt4AGEMgpXf AREA ADDITION AT BRIDGE 20 10 0 20 44 AIRLIE ROAD, RESTAURANT NEW HANOVER CO. WRIGHTSVILLE BEACH, NC SCALE IN FEET BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: NAWAM H WARREN, JR. NOVEMBER 1997 SHEET a OF 4 TYPICAL DECK SECTION "A" NOT TO SCALE D EC 0 2 1997 DIVISION OF COASTAL MAI4AGEMENT CAP 2"x6" RAILING 2"x6" RAILING BOLTED W/1 1/2" DIA. GALVANIZED HARDWARE 2"x10" STRINGERS 2"x10" CAPBOARDS (DOUBLE) BOLTED MATH 5/8' DIA. GALVANIZED HARDWARE (0.40 RETENTION) 8"x 8" TREATED PILE BOTTOM VARIES 8' MIN. PENETRATION BELOW HARD BOTTOM DECK REPAIR AND WAIT AREA ADDITION AT BRIDGE TENDER RESTAURANT 1414 AIRLIE ROAD, NEW,HANOVER CO. WRIGHTSVILLE BEACH, NC BY: JOHNNIE BAKER P.O. BOX 1037 AIRLIE ROAD WRIGHTSVILLE BEACH, N.C. 28480 DRAWN BY: WILLIAM H WARREN, JR. NOVEMBER 1997 SVI1rEf 4 or-4- ` /,515 CA � E A L • 11299 ''•44uLn LUN BPIOGE "OF? REST AURAN I 1 I 1 I 1 BWCXEA0 I nS MOUSE GRILL DECK cW DRAWBRIDGE ON US 71 4 US 76 S 7I `SAS I;:--- 39 G 5 1 p047e1 2 Amp R%EO PIER — GAZEBO N— RO OKR MAIM � ASS W17f —lte TMAL, L W o v b3 712 7pAu5rT vxe qD LfI Y2 43 41F 45- m I! .: ,v 7�... - . ................ �. f PROPER IT:.........................::...:::::.:..:.... 97 I POINT •B' DIVISION OF % BRIDGE TENDER VILLAGE COMPLEX 1-.,1 COASTA,i.,W41JJ GWTDDOA / - /'T� .-�C /�i 40 20 O 40 80 EASEMENT rOR BRIDGE mIDER wuGE I.E.. BRIDGE TENDER MARINA CACRITY /STANCE SCALE IN FEET BRIDGE TENDER RESTAURANT rACIUTY X15H HOUSE mu rAmB ARiLE ROAD, NEW AIRLIE1ROAD N CO. ALONG BUIBMEAD . 6M't X S< . 51.9935T EASEMENT AREA -_I 6.1'T 51 g§- DISTANCE FROM POINT A TO PONT B . SIO' % SI . t9.1605r BEACH, NC H. C CASEMENT AREA . 116.12 E EY: JOHNNIE 0 BAIRU P.0. 103J AIRUE ROAD 51,1355r i A1.560 . 1.66 AC. � 86.96TSr / 43.560 . 1.99 AC. ITS NRIGHTSHLLE BEACH, N.C. 28180 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT March 24, 1998 Mr. Johnnie C. Baker Bridge Tender Restaurant P.O. Box 163 Wrightsville Beach, NC 28480 rommurm:71 This letter acknowledges your March 3, 1998 request to place on administrative hold your Coastal Area Management Act (CAMA) permit application to enlarge a deck at your restaurant property. Based upon your request, processing of the permit application, which was received by the Division of Coastal Management's Wilmington office on December 11, 1997 is hereby placed in abeyance until such time as you request that this office resume processing of your application. As required by T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon receipt of your request to resume processing, the Division of Coastal Management will reinitiate processing of the application at the point where it was terminated. You should also be aware that your proposed development may be inconsistent with portions of the Rules of the Coastal Resources Commission that deal with shading of marsh habitat and the placement of non -water dependent structures over public trust waters, estuarine waters and coastal wetlands. This office is available to discuss these issues with you at your convenience. If you have any questions concerning these matters, please feel free to contact me at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, �f7�' Doug Huggett Assistant Major Permits Coordinator cc: Ed Brooks, DCM - Wilmington Charles Jones, DCM - Morehead City P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH• NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-SOq RECYCLED/10% POST -CONSUMER PAPER i State of North Carolina Department of Environment ��t • ' and Natural Resources Wilmington Regional Office Division of Coastal Management NCDENR James B. Hunt, Jr., Governor NORTH CAROLINA DEPARTMENT OF Wayne McDevitt, Secretary ENVIRONMENT AND NF RAL RESOURCES Roger N. Schecter, Director February 2, 1998 Johnnie Baker P.O. Box 163 Wrightsville Beach, North Carolina 28480 Dear Mr. Baker: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 1414 Airlie Rd. It was received completed on December 11, 1997, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 24, 1998. 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. cc: John Parker Bob Stroud Ann Hines, LPO Jeff Richter, COE eB ly, b-d Field Representative PROF �a v� 9 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name Of Individual Applying For Permit: J ohuvrc C&'t/Z&'t Address Of Property: / 4 r ( A r 2/` W k , wlli S✓. I I -� � Cr( c-Pi . Al C Z� `��u (Lot or Street #, Street or Road, City & County) 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. I have no objections to this proposal. �v ✓ccu uv1..111C:1 Ly l.C16111C11 P]G 11 WAIVER SECTION I understand that a pier, dock, mooring pilinga,; a�rea]Fwgyta,���,% 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 151setback requirement. I do not wish to waive the 151setback requirement. gnature Print Name Telephone Number With Area Code Date_ MJR PROPERTIES 1405 Airlie Road Wilmington, North Carolina 28403 ATTN: Mary McCarl Wilson Managing Partner Dear Mary: Post Office Box 163 Wrightsville Beach, North Carolina 28480 December 10, 1997 CERTIFIED MAIL ' L vl'�1 Jl��,■\ 1 DIVISION OF COASTAL MANAGEMENT This is to notify you as required by State and Federal regulations, that I have applied for a permit to accomplish the work as described on the drawings which have been furnished. If you have no objections to this project, no further action is required. If you do have objections to this project please notify me, the Corps of Engineers, or the North Carolina Depart- ment of Natural Resources and Community Development, 127 Cardinal Drive, Wilmington, North Carolina 28405- 3845, ATTN: CAMA Officer. Thank you for your cooperation. Sincerely, Jo ie C. key r JCB:ms cc: NCDE&NR 1405 Airlie Road Wilmington NC 28480 6 December 1997 Mr. Johnnie C. Baker PO Box 163 Wrightsville Beach NC 28480 Dear Mr. Baker: In my letter to you dated 5 December 1997, I neglected to mention one item in your application for CAMA permits which should be corrected prior to resubmission: In the lower left-hand corner of your drawing of your Deck Repair and Wait Area Addition, Sheet 2 of 4, the notation which reads: PROPERTY OF: M. B. WILSON 1405 AIRLIE ROAD should read: PROPERTY OF: MJR PROPERTIES 1405 AIRLIE ROAD Sincerely yours, McCulloch B. Wilson, Jr. Phone: (910) 256-4908 i✓ Copy to: Mr. Ed Brooks NC Div of Coastal Management, Wilmington District 127 Cardinal Drive Ext. Wilmington NC 28405-3845 P.O. Box 163 Wrightsville Beach, NC 28480 Department of Natural Resources And Community Development 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 Gentlemen: I request that a permit be issued to authorize the deck repair and wait area enlargement as described in the enclosed application form and related plans. The property on which the work is located is owned by me. The adjacent property owners to this project have been famished copies of this application and related plans by registered mail. Sincerely, hnnie C. Bakee, enclosures TM DEC 0 2 199D 7 DIVISION OF COASTAL MAf4AGEMENT N.B. Wilson P.O. Box 417 Wrightsville Beach, North Carolina 28480 Dear Mr. Wilson: P.O. Box 163 Wrightsville Beach, NC 28480 �V DEC 0 5 1997 DIVISION OF %OASTAL MA14AGEMENT This is to notify you as required by State and Federal regulations, that I have applied for permits to accomplish the work as described by the attached drawings. If you have no objections to this project no further action is required. If you do have objections to this project, please notify me, the Corps of Engineers, or the North Carolina Department of Natural Resources and Community Development (addresses are listed in the enclosed permit application). Thank you for your cooperation. Sincerely, J hnnie Ba cer enclosures Mr. Johnnie C. Baker PO Box 163 Wrightsville Beach NC 28480 Dear Mr. Baker: 1405 Airlie Road Wilmington NC 28403 5 December 1997 DEC U 51997 DIV161UN OF COASTAL MANAGEMENT Your undated letter (copy enclosed) regarding your applica- tion for CAMA permits was received by me at PO Box 417, Wrights- ville Beach, on 28 November 1997. It is addressed to N. B. Wilson, and I should have marked it 'addressee unknown' and returned it to you since there isn't anyone by that name authorized to receive certified mail at PO Box 417. Regarding the adjacent riparian property owner notification/ waiver form, as I have explained to you on a number of occasions, I am not a property owner here, so even if you had addressed your letter correctly, I could not legally sign the form. In Section 5 - Additional Information - of your application, you list N. B. Wilson at PO Box 417 as an adjacent waterfront landowner. This, of course, is totally incorrect. After consulting with the local CAMA office, and recognizing that they do not extend the 10 day response time, which ends on Sunday, 7 December 1997, I suggest you withdraw your application and redirect your request to the riparian landowners, MJR PROPERTIES, 1405 Airlie Road, Wilmington NC 28403. MJR PROPERTIES is a part- nership formed by Mary McCarl Wilson, James M. McCarl, and Robert C. McCarl. Your notification should be addressed to MJR PROPERTIES, and your letter should be written to Mary McCarl Wilson, Managing Partner. Sincerely yours, 4V"k- McCulloch B. Wilson, Jr. Phone: (910) 256-4908 Enclosures Cpy - Ltr J. Baker Cpy - List of riparian landowners Copy to: NC Div of Coastal Management, Wilmington District 127 Cardinal Drive Ext. Wilmington NC 28405-3845 3CCK PACE Ijll�I D 8 8 3 EXH, i:3' "A" 4 � DEC 0 2 i99T F TRACT ONE: DIVISI�.r. ieeK PAG.E kf. BEGINNING at an old iron pipe qR a4wr'jF I' Airlie Road, S.R. #1411 (30.0 foot right of �ia•J',�Saia p�o�n of beginning being located North 35 degrees 15 minutes 10 seconds East 69.79 feet from an old iron pipe at the point of inter- section of the western right of way line of Airlie Road with the northern right of way line of Stokley Drive (60.0 foot right of way), Stokley Drive being shown on a map of Soundcrest recorded in Map Book 5 at Page 44, of the New Hanover C unty Registry. Said point of beginning having North Carolina Grid Coordinates x = 2,358,331.73, y = 172,349.53. Running thence from said point of beginning along and with the northern line of the Johnnie Baker tract as recorded in Book 1437 at Page 1000 of the New Hanover County Registry North 46 degrees 16 minutes 43 seconds West 296.04 feet to two old stones, one stone marked "H" and the other being a blue stone; thence North 44 degrees 00 minutes 04 seconds West 324.55 feet to a railroad spike in the base of an oak tree; thence North 45 degrees 25 minutes 11 seconds East 96.22 feet to an old stone in the southern line of Atlantic View Subdivision as shown on a map recorded in Map Book 1 at Page 5 of the New Hanover County Registry; thence with the s uthern line of the Atlantic View Subdivision and the Johnnie Baker tract as recorded in Book 1055 at Page 168 of the New Hanover County Registry South 42 degrees 16 minutes 09 seconds East 605.27 feet to an old stone marked I'D" in the western right of way line of Airlie Road; thence in a southwesterly direction with the western right of way line of Airlie Road to the point of beginning, said point of beginning being located South 32 degrees 07 minutes 40 seconds West 68.15 feet chord distance from the preceding point, The above described tract contains 1.18 acres more or less. Bearings in the above description are based on N.C. Grid. TRACT TWO: BEGINNING at a point in the eastern right of way line of Airlie Road, S.R. #1411 (30.0 foot right of way), said point of begin- ning being located South 58 degrees 52 minutes 17 seconds East 30.0 feet from an old iron pipe in the western right of way line of Airlie Road that is located North 35 degrees 15 minutes 10 seconds East 69.79 feet from the point of intersection of the western right of way line of Airlie Road with the northern right of way line of Stokley Drive as shown on a map of Soundcrest recorded in Map Book 5 at Page 44 of the New Hanover County Registry, Running thence from said point of beginning with the eastern right of way line of Airlie Road to a point that is located North 32 degrees 07 minutes 54 seconds East 67.73 feet from the point of beginning; thence leaving the right of way line and running along and with the southern line of the Johnnie Baker tract as recorded in Book 1055 at Page 168 of the New Hanover C .unty Registry South 58 degrees 04 minutes 20 seconds East 47.07 feet to an existing old iron pipe in the approximate high water line of Wrightsville Sound; thence continuing the same course along and with the Johnnie Baker southern line South 58 degrees 04 minutes 20 seconds East 150.00 feet more or less to the low water line of Wrightsville Sound; thence in a southwesterly direction with the approximate low water line of Wrightsville Sound to a point that bears South 58 degrees 52 minutes 1.7 seconds East from the point Of beginning; thence along and with the northern line of the Johnnie Baker tract as recorded in Book 1437 at Page 1000 of the New Hanover County Registry North 58 degrees 52 minutes 17 seconds West 150.0 feet more or less to an iron pipe in the approximate high water line of Wrightsville Sound; thence continuing the same course along and with the Baker northern line North 58 degrees 52 minutes 17 seconds West 30.0 feet to the point of beginning and containing 0.05 acres more or less. Bearings in the above description are based on N.C. Grid. The above descriptions represent those tracts described in Deed Book 1177 at Page 1795 and Map Book 18 at Page 82 of the New Hanover County Registry, ras ROUNTREE, SEAOLE & BRAWLEY WILMINGTON. NORTH CAROUNA RECORDED AND'�ERI�G MAR'Y IZUE 'JO T REGISTER OF DEEDS NEW HANOVEP, CO. NC. NORTH CAROLINA 1Le£UNcr�over coujNBOOK PAGE '54 OCT 14 Pn 3 I, PamGio 1 /7�00/) O a,2a Notary Public of the State and County aforesaid, certify that iEEsFLLU. F Aak r personally came before me this day and acknowledged that she is secretary of Tnt1,�ASl's{al (Ylam4o.rttlrce.. Coroorafm,,a North Carolina corporation with its principal office in County, and that by authority duly given and as the act df the corporation, the foregoing instrument was signed in its name by its president, sealed with its corporate seal, and attested by UjIm'-If as its secretary. WITNESS my hand and official seal this' Z?7A day 'of n e. sal h� i 199k. y� Notary Public �Mr ,; CEO •. � _ " My commission expires: NORTH CAROLINA _Ij (; .(' :? 1997 NEW HANOVER COUNTY Di VI IUN )F `rAL MAtJAGEMEN"T The foregoing certificate of TCclY/o �, Q g g /%%Q�SU , Notary Public, is certified to be correct. This day of _ 4'TO,C3k—, 19T,4/ JOT/ro/os6.96 NEW HANpuSR Co MARY SUE COTS REGISTER OF DEEDS OF NEW HANOVER COUNTY BY: t Deputy +1t9 tv«ivha *rt, " CIF[ of 54 y diva 34 Real Estate 4$ 4 Excise Tax IJ tq s tf'tkf'.L39 IV dtk^�1 1jj4'jj 1u.J�i'� GS��}} q .0 i!Tr 2 l$CU UU 00g S, WE PREPARED THE DEED IN THIS TRANSACTION BUT NO EXAMINATION OF TITLE IS MADE AND NO OPINION ON TITLE TO THE PROPERTY IS EXPRESSED. Prepared by: MURCHISON, TAYLOR, KENDRICK, GIBSON & DAVENPORT 16 North Fifth Avenue, Wilmington, NC 28401 tV.QRTH CAROLINA 'NEW HANOVER COUNTY WARRANTY DtEQ � �f Tax Parcel No. R05714-008-002-000 THIS DEED, made this 28th day of September 1994"by and between Industrial Maintenance Corporation a North Carolina Corporation, herein called GRANTOR, and Johnnie C. Baker and wife, Estelle F. Baker, whose mailing address is P.O. Box ;,163 Wrightsville Beach, North Carolina 28480, herein, whether one or more, called GRANTEES. W I T N E S S E T H T H A T: The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEES, their heirs, successors and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows: 00" SEE ATTACHED EXHIBIT A �• w Subject to all easements, rights of way and restrictions of record, all government regulations including zoning, subdivision and building regulations and other encumbrances of record, also to all claims of the State of North Carolina and any other person or entity as to that portion of the property which lies below the mean high water line of Wrightsville Sound. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEES, their heirs, successors and assigns, in fee simple, forever. And the GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEES, their heirs, successors and assigns, that it is seized in fee of the above granted and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances except those mentioned above; and that it will and its successors and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. (CORPORATE SEAL) INDUSTRIAL MAINTENANCE CORPORATION BY: ATM. Secretary rt0 �.IY Pres ��+�%. E r fir- �y x � to Q �" RERIRNEDTO �So m�KS4-0 ,t/ tll.)/:7i/IU.A:/n:u;Jrb„e,mu x:wvu qi iu...,unn Ulu„uJ :•�d V t_ mgrther wah the iestruniemis/ secured thereby has/have been satisfied in %ull. This the day of /9_. yU�n ' A u �- Piro-Cili:ens Bank & Trust Company REcopo AHp sy. ( 4 .j i 0 0 3?lEBECCA P. 7U RIFI%p !Signature of Officer Q Thiel REGIS7GP GKES� NOTICE TO REGISTER OF DEEDS: Please cancel his instrument and return to the following address: Name:;; " V Addrr. t Zip Code Recording: Date, Time, Book and Page Tax Lot No, Parcel Identifier No. t VeriflSd by Countyon the day of ,19 by Mad after recording to This instrument prepared by Murchison, Taylor, Kendrick Gibson & Davenport Brief description for the Index Q ((]� NORTH CAROLINA (FUTURE ADVANCE) DEED OF TRUST -Lil9DEED of TRUST made this 18 thday of November ' 19 88 , by and between: J v U t C o ?, 1997 TRUSTOR TRUSTEE tW ') I "`/�.STAL MACJ E,MPENT . -., Johnnie C. Baker and James M. Parker wife, Estelle F. Baker First -Citizens Bank &Trust Company pp P. O. Box 1619 Wilmington, jtyC - 28402 =,e Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation orparmership:r �J The designation Trustor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, personal representatives, successors, and assigns, a and shall include singular,plural,masculine, feminine or neuter as required by context. COLLATERAL IS OR INCLUDES FIXTURES. ?� WHEREAS, Trustor is indebted or istobeindebted toBeneficiat4inrleemaximumprincipalsunof SiX hundred eleven � a thousand and No/100 ------ 611100.00 11 000.00 Dollars($ ), which is the maximum principal amount, including present and future obligations, if any, which may be secured by this Deed of Trust at any one time, such indebtedness being evidenced by a: (Either (A), (B) or t ^j(C) below must be selected. The options not selected are not applicable and are deleted.) LW(A)Notedated November IS .19_RR ,orifdate omitted, ofeven date herewith, payable with interest as specified therein, said Note being due or having a final payment due on NovPmbr+r 18 ,19 91. . - ❑ (B)lEquityline Agreement, Promissory Note and Truth in Lending Disclosures ("Agreement") dated 19 _, or if date omitted, of even date herewith, between Trustor and Beneficiary, which Agreement is incorporated herein by reference and the payment and obliga- tions of which Trustor desires to secure by execution of this Deed of Trust, together with all interest which may accrue on the indebtedness incurred thereunder, and any renewals, modifications or extensions thereof, in whole or in part, and the additional payments hereinafter agreed to be made, which Agreement is an equity line of credit agreement governed by the provisions of Article 9 of Chapter 45 of the General Statutes of North Carolina under which future obligations secured by this Deed of Trust may be incurred within a period of fifteen (15) years from the date hereof unless said Agreement is terminated prior thereto as provided therein; ❑ (C) Note dated ,19 _, or if date omitted, ofeven date herewith, payable with interest as specified therein, said Note being due or having a final payment due on ,19 __; and this Deed of Trust is given to secure said Note and a Loan Agreement dated , 19_, between Trustor and Beneficiary, the terms and conditions of which Loan Agreement are incorporated herein by reference; and the amount presently secured by this Deed of Trust is (insertamount advanced at closing) Dollars ($ ); and future obligations secured by the Deed of Trust may be incurred within a period of ten (10) years from the date hereof unless said Loan Agreement is terminated prior thereto as pro. bided therein; and THIS IS A FUTURE ADVANCE DEED OF TRUST AND BENEFICIARY IS OBLIGATED TO MAKE ADVANCES; and WHEREAS, if all parties on the Note, Loan Agreement and/or Agreement, as applicable, referred to herein, are not the same as all Trustors herein. then notwithstanding the recitals herein to the contrary, the Note, Loan Agreement and/or Agreement are executed by the following: la-gCkl INiRry 1/871 :i:n Each -party included within the designation "Truscor" hereunder executes this Deed of Trust to convey hivits interest in the property here, ecuriry for payment of the indebtedness evidenced by the aforesaid Note, Loan Agreement and/or Agreement, as applicable, interest t advances hereunder and for performance of all other obligations thereunder and hereunder and under any and all other instruments further evi such indebtedness but by so doing, unless he/it otherwise is obligated therefor, and notwithstanding the provisions oEParagraph I hereo personal liability for payment of any such indebtedness or for performance of any such obligation; and f, assumes TM WHEREAS, the property hereinafter described Is conveyed herein to secure the payment of such indebtedness, interest thereon, advances hereunde and taxes, charges. assessments, insurance premiums and other obligations of Trustor as herein expressly provided, and to secure the performance of a I of the conditions, covenants and agreements as set forth in the instruments referred to hereinabove; NOW. THEREFORE, in consideration of the indebtedness now or hereafter to be secured hereby, and in consideration of the sum of $1.00 and oche good and valuable considerations paid to Trustor by Trustee, the receipt and sufficiency of which hereby are acknowledged. Trustor has bargained, sold granted and conveyed and by these presents does bargain, sell, grant and convey to Trustee, his/its heirs, personal representatives, assigns and successor, intrust, all of the following described property, to wit: ,,SEE EXHIBIT A ATTACHED HERETO. BUUc ''A C.E 143'/ . 1 004 '�. 7! A L 1'ili gether with all crop allotments, crop contracts, government support payments and payments in kind and other like and sim- liar contracts and payments, buildings, fixtures, furniture and improvements thereon, and all rights, easements, heredi aments and appurtenances thereunto belonging, including but not limited to all heating,plumbing, ventilating, cooling, and lighting goods, equipment and other tangible and intangible property now or hereafter acquired; attached to or reasonably necessary to the use of such property, the said real and personal property being hereinafter referred to as "premises". TO HAVE AND TO HOLD the same, with all rights, privileg6 and appurtenances thereunto belonging, to said Trustee, hiVits heirs, personal repre- sentatives, assigns and successors in trust, upon the trusts and for the uses and purposes hereinafter set forth, and no other; AND TRUSTOR convenants to and with Trustee and Beneficiary that Trustor is seized of the premises in fee; that Trustor has the right to convey same In fee simple; that the same are free and clear of all encumbrances and restrictions not specifically mentioned herein; and that Trustor will warrant and defend forever the tide to same against the lawful claims of all persons whomsoever. AND TRUSTOR FURTHER CON VENANTS AND AGREES AS FOLLOWS: 1. PAYMENT. Trustor shall satisfy the payment obligations provided for in the Note, Loan Agreement and/or Agreement as applicable. 2. TAXES AND CHARGES. Trustor shall pay, within sixty (60) days after they shall come due and payable and before any penalty or interest shall be charged thereon, all general and special taxes, charges and assessments of every kind and nature that may be levied or assessed or be or become a lien on the premises, whether the same be for state, county or city purposes; and Trustor shall furnish annually to Beneficiary, immediately after payment, certificates or receipts of the proper authorities showing full payment of same. In the event of failure of Trustor to pay all of the aforesaid taxes, assess- ments and charges as hereinabove provided, Beneficiary shall have the option to advance the necessary funds to pay said taxes, assessments and charges; and all amounts so expended by Beneficiary for taxes, charges and assessments, as herein provided, shall be charged hereunder as principal money secured by this Deed of Trust and shall bear interest at the same rate as the principal indebtedness secured hereby, payable upon demand or otherwise as Beneficiary may determine. After any such advances are made. Beneficiary may apply any funds received hereunder to principal, advances or interest as Beneficiary may determine, and Beneficiary shall not be held to have waived any rights accruing to Beneficiary by the payment for Trustor of any sum hereunder. 3. INSURANCE. Trustor shall secure, maintain and keep in form with an insurance company or companies approved by Beneficiary an insurance policy or policies providing fire, extended coverage, malicious mischief and vandalism coverage, and such other insurance as may be required by Beneficiary from time to time, upon the buildings and improvements now or hereafter included in the premises in an amount equal to the maximum insurable value of same or such amount as shall be approved by Beneficiary, whichever shall be the lesser sum; and Trustor shall keep the policy or policies therefor con- stantly assigned and delivered to Beneficiary with subrogation clauses satisfactory to Beneficiary providing the right and power of Beneficiary to demand, receive and collect any and all money becoming payable thereunder and to apply same toward the payment of the indebtedness secured hereby, unless the same is otherwise paid. In the event of failure of Trustor to pay all of the aforesaid insurance premiums, as hereinabove provided, Beneficiary shall have the option to acquire the said insurance if the Trustor fails to keep said insurance in effect and Beneficiary shall have the option to advance the neces- sary funds to pay said insurance premiums, and all amounts so expended by Beneficiary for insurance premiums, as herein provided, shall be charged hereunder as principal money secured by this Deed of Trust and shall bear interest at the same rate as the principal indebtedness secured hereby, payable upon demand or otherwise as Beneficiary may determine. After any such advances are made, Beneficiary may apply any funds received hereunder to principal, advances or interest as Beneficiary may determine, and Beneficiary shall not be held to have waived any rights accruing to Beneficiary by the payment for Trustor of any sum hereunder. 0 �eUi rkr,1Cuurtotthe Counryinwhich said foreclosureProceedings were instituted orasthen may be authorized ordirected b licable]aw,li rent any foreclosure so commenced is terminated upon the request of Trustor prior o delivery of the deed or deeds by Trustee as aforesaid. Trusror pay to Trustee all costs and expenses incident o said foreclosure, including as compensation for his/its services an amount equal m 50 percen r o compensation to which he/it would have been entitled upon delivery of the deed or deeds as aforesaid if such termination is prior to any hearing required by applicable law: 75 percent of such amount ifsuch rermination is after such hearing but before any sale hereunder; and'the full amounr if reasonableattotanytime after such sale, together with reasonable a«orne fees for le Iservicesactuall hallconstitute o stitutea fees, if any, as Provided in (he instrumentls) evidencing the indebtednesssecuredhere shall consritutealienon the premises immediatel u Yperformedothedateofsuchtermina[ion of this trust except such as may he incurred by Trustee's failure to account for the proceeds of any sale hereunder The compenx�non herein allowed tc Tru Y ponrequestofsaleasaforesaid,andTrusteeshallsuffernoliabilitybyvirtueofTrus[ee'saccepn IN TESTIMONY WHEREOF, Trustor has caused this inmiu ment ro beexecuted in itscorporate name by its�_� - _ IN TESTIMONY WHEREOF' each individual Trusor has President, attested by its his hand hereto and has adopted as his seal the word "SE Secretary, and its corporate seal o be hereto affixed, alll by order appearing beside his name, the day and year first above writr Ofi's Board ofDirecorsdulygiven the day andyearfirstabove and/or each partnership Trustor has caused thisinstrumen written. be executed in its partnership name and under seal by its d au rued partners, Name of Corporationp�_thedayand�vflsla�vewritten. By: 90[tN o A G E o to e a //// //// (SEA ++ U O 6 Ate_ (SEA .. T S PrEsi r naK� EA ATTEST: (gy ) (SEA srttrum, Secretary (By:) (By:) (SEA: STATE OF NORTH CAROLINA C (SEA] AVDLIG y`,.',`. •�ti,,t� FRt CO sys. SAL STAMP 5° c fRU ,CSC: 0'21997 `N O F .,y 0AST4:;MANAGEME SEAL -STAMP I . OUNTY OF r ` Johnnie C. allotaryPublicinandforsaidCountyandState,doherebycernfytha[ akeand wife, Estelle F. Baker � Personally a �— m Y ppearedbeforemethisdayandacknowlecgedthedueexecutionoftheforegoingi WITNESS my hand and notarial seal, thisthe_ $YA MYCommissionexpires: dayof nstrument. s�b� 19_RR C'ommisaloif Exptreg Oetolior 26, 1991' \ STATE OFNORTH CAROLWA,COUNTY OF Notar— li JI' ,a Notary Public in and for said County and State, do hereby certify that that he/they is a/are general partner(s) obefore me this day personally appeared, who being by first duly sworn, says described in and which executed the fo g name by subscribing his/their name(s) thereto; and that the instrument is the act and deed of said Partnership. rmership regotn Instrument that he/they theexecuted said instrument in the partnership WITNESS my hand and notarial seal, this the MY Commission expires: day of 19 STATE OF NORTH CAROLINA, COUNTY OF NotaryPublic I, a Notarypublic in and for said County and State, dq hereby certify [baton the day of19— whom I am before me personally came Personally acquainted, who, being bymeduly sworn, says that with President and [ht ,.,t,. knows the common seal of said i that the name of the co STATE OF NOR rpomnot I New Hanover Coun�CAROLINA President and �__.S f oregoing Certificate o of the Board ofDirecronofsaid _ WITNESS my hand and not; MY Commission expires: is certified t � Ac � j _ STATE OF NORTH CAROLINA, COUNTY pp This the ��j day of 19 The foregoing certificate(s)ofNoiary lies) public is/are certifi ec P. Tucker, Register of Deeds duly recorded in the office of the Register of Deedsof By ` Th's— dayof — �7�i ,19_ . — Secretaryof_�� bregoing instrument; that he ent is said common seal; and and thatsaid-_ i seal was affixed, all by order of said corporation. — .lq tration this day and hour and �_; Page TRACT 1: EXHIBIT A BEGINNING at an iron pipe, the southwest corner land conveyed by J. of a tract of O. Hinton and wife, Estelle 0 Hinton to Wilmington Wrightsville Beach Causeway Company by deed registered in New Hanover County Registry in Book 173, at Page 92, reference to which is hereby made for a more accurate location of the said beginning point; runs thence along the eastern edge of the hard surface area or public road running from Wilmington to Wrightsville Beach, about South 31 degrees 41 minutes West 110.6 feet to a point in the northern line of a 15.0 foot strip of land conveyed .to L. E. Barnes by 0. S. Hinton by deed recorded in Book 713, at Page 621, in the Office of the Register of Deeds of New Hanover County; run- ning thence along said nothern line of the aforementioned 15 foot strip South 53 degrees 16 minutes East 117 feet; running thence and northeastwardly parallel to the low water line of Wrightsville Sound p feet to a point; running thence South 53 degrees 16 minutes thence approximately 3 feet to the low waterline of Wrightsville Sound; thence southeasterrdly with and along the low water mark of the sound to the southeastern corner of the aforementioned tract conveyed by J. O. Hinton and wife, to the Wrightsville Beach Causeway Company; ;thence North 51 degrees 5 minutes West and along the southern line Of -the property conveyed by J. 0. Hinton and wife to Wilmington Wrightsvilleeach y Comanto a Pont from1thedoldaTWPistntSCout o's 46 Wrightsville Sound Trestle; thence North 7L degrees 5 minutes West 112 feet more or less to the point of beginning, the same being a part of the property conveyed to J. 0. Hinton by Florence H. Foard and cor husband, C. D. Foard, reded in Registry of New Hanover County in Book 91, at Page 578, and being .the same pr conve ed Faircloth and wife, Gertrude A. Faircloth, b y tie recorded in Book 407, at Page 391, and Book pertain d Hanover County Registry.. at Page TRACT 2: DEC `O 2 19, BEG at a UIVIS)ON OF degrees 16 minutesoEast 1an 12 feetrfromete carstone�m�aPoinrked qC E HENSin Point being South the Northern line Helbig tract of land of the formerly Carrie E. old Wrightsville and, , Turn - line of the said stone being in the Western edge of the Pike; running thence from said beginning point, and along the Northern formerly Carrie E. Helbig tract of land, South 53 degrees 16 minutes East 49.1 feet to an old pipe; and the same course continued South 53 degrees 16 minutes East 95 feet, more or less, to the low water of Wrightsville Sound, running thence Northwardly along the low water of Wrightsville Sound 15 feet, more or less to orless,toa running to aPoint; thence North 53 degrees 16 minutes West 150 feet, point on aforementioned old concrete curb; running thence South 19`degrees 21 minutes West 15.7 feet to the point of beginning, the same being a portion of the J. 0. Hinton Estate. Being in all respects the same property described in the deed to Johnnie C. Baker and wife, Estelle Baker recorded in Book 1245, at Page 1323 of the New Hanover County Registry. TRACT 3: �13EG� G at a stone marked C. H. in the Western edge of AirlieRtAN Road, Secondary Road #1411 (formerly Turnpike Road), which runs in _front of the Sound,.said stone being located South.29 degrees 50 minutes West 184.7 feet as measured along the western right- of-way line of Airlie Road from its intersection with the center- line of U. S. Highway #74 & #76, said stone marked C. H. being the southeast corner of the.WaterwayMotel property; running thence from said beginning point where the southwestern line of the Water- way Motel property North 37 degrees 42 minutes West 368.55 feet to a stone marked C. H., said stone being located in the eastern line of Lot 1, Atlantic View, as recorded in Map Book 1 at page 5, in the New Hanover County Registry; running thence with the eastern line Of Lot 1, Atlantic View, South 49 degrees 32 minutes West 109.85 feet to a stone marked D; runni Airlie Road; running thence Song thence South 37 degrees 42 min- utes East 408.68 feet to a stone marked D in the western line of feet to the low water mark of uth 53 degrees 30 minutes E.ast.162.0 an old.,Slough of Wrightsville Sound; running thence with the ,low water mark of said slough of Wrightsville Sound North 31 degrees 00 minutes East -110.0 feet,°more or less, to a,point which is located South 53 degrees 50 mi from th 'bk t� O O Co e point of beginningthence Northt53 degreeses East 9 ; running 50 minutes West 159.2 feet to the point of beginning. SUBJECT to the right of way of Airlie Road, Secondary Road #1411. TRACT 4: BEGINNING at an iron pipe in the intersection of the western right- of-way of Airlie Road (formerly known as U. S. Highways 74-76) and the northern right-of-way of Stokley Drive, said pipe being South 55 degrees 20 minutes East 320.95 feet from a stone marked "MWJ" in the northern line of Stokley Drive, as shown on the Map of Soundcrest as recorded in Map Book 5 at Page 44 of the New Hanover County Registry; said stone also being the same mentioned as being at the end of the first call in the deed recorded in Book 521 at Page 15 of the New Hanover County Registry; and running from the point of beginning. North 55 degrees 20 minutes West 217.15 feet to an iron pipe;, thence North 47 degrees 41 minutes 28 seconds East 117.47 feet to a point in a hedgerow; thence with the hedgerow South 42 degrees 25 minutes East 200.9 feet to a point in the western line of Airlie Road; thence South 55 degrees 20 minutes East 60 feet, more or less, to the low water mark of the sound; thence southwardly with the low water mark of the sound 70 feet, more or less, to:a point bearing South 55 degrees 20 minutes East from the point of Beginning; thence North 55 degrees 20 minutes West 35 feet, more or less, to the point of Beginning, and containing about:19,300 square feet. The same being the eastern end of the lands conveyed to Mabert Hinton Lance and husband V' Lance, by deed recorded in Book 521 at Page 15,— !the`cret�� Register of Deeds of New Hanover„County. V �e CliVlbt'vi'J,t ' UOASTAL MAN r , t tb',p R•$'F - p k,- UNITED STATES POSTAL SERVICE First -Gass Mail Postage & Fees Paid LISPS PerrNt No. G-10 • Print your name, address, and ZIP Code in this box • Johnnie C. Baker Post Office Box 163 Wrightsville Beach, North Carolina 28480 SENDER: V •Complete items 1 and/or 2 for additional services. I also Wish to receive the m •Complete items 3, 4a, and 41b. following services (for an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. j •Attach this forth to the from of the mailpiece, or on the back if specs does not 1, ❑ Addressees Address 0 permit. to -Write-Return Receipt Requested' on the mailpiece below the article number. 2, ❑ Restricted Delivery .S •The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. 0 3. Article Addressed to: 4a. Article Number Z 392 893 941 LMJR PROPERTIES 4b.ServiceType 1405 Airlie Road ❑ Registered Q Certified Wilmington, ❑ Express Mail ❑ Insured North Carolina 28403 SKRetum Receipt for Merchandise ❑ COD f of uenvery 2--1 0- 9� and tee is paid) g 6. Signature: (addressee ,000rAgent) PS Form 38111 December 19" 10259 r97 e-0179 UNITED STATES POSTAL SERVICE 111111 First-ClUS �ee & �D Paid _• Print your na e, ecjd'ress, and ZIP Code in this box • 14 v-complete Complete items 1 and/or a 2 for additional seances. 0 •Comitem plete ite3, da, and 4D. d • PrIM your name and address on the reverse of this form w that we Can return this tl1 card to you. j -Attach this form to the from of the mallpiece, or on the back if space does not y • Wn'taWetum Receipt Requested' on the Milpiece below the article number. c •The Return Receipt will &qw to wMrn the article was delivered and the date delivered. n 3. Article Addressed to: I 4a. Article h It</buSPF21At f 41,. Service I also Wash to receive the follovnng services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. '3-4 C-A I —" r/4R-'VL ❑ Registered ---2eMfled 1 %`c OI V r 510 -j aQ f d ❑ press Mail ❑ Insured lam. L ari t n IC i` J. / k-C / Return Receipt for Merchandise ❑ COD J i �� �/O 7. Date of Delivery -/ > 5. Received By: (Print Name) 8. Addressee's Address (Only Nrequested and fee is paid) 6. Sig : (Addressee or Agent) ate, a Ps 11, December 1994 102595-97-e-0179 Domestic Return Receipt iu 9F:,.!!VlMANOVER I_I February 11, 1998 Mr. Ed Brooks Division of Coastal Management NCDENR 127 Cardinal Drive Wilmington, North Carolina 28405 RE: Bridge Tender Restaurant CAMA Permit ' Dear Ed: Enclosed herein are the return receipts for the registered notice which was mailed to repairian property owners of this project. I apologize for my incomplete submittal and appre- ciate all of your assistance. Sincerely, HANOVER SEAFOOD PARTNERS, INC. Jo nnie C. Baker JCB:ms Enclosure COASTAL MANAGEMENT 1410 Airlie Road • Post Office Box 178 • Wrightsville Beach, NC 28480 • (919) 256-8628 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT February 26, 1998 Mr. Johnnie C. Baker P. O. Box 163 Wrightsville Beach, NC 28480 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to expand a deck area associated with the restaurant at 1414 Airlie Road, in New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make May 9,1998 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, Doug Huggett Asst. Permits Processing Coordinator DH/aw cc: Ed Brooks DCM-Wilmington P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733.2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-SOq RECYCLED/10q POST -CONSUMER PAPER 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 from 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' "m t of the article. 5. Enter tees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of form 3811, 6. Save this receipt and present i1 if you make inquiry. 105 93-B-0 18 Z 261S 438 561 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sam to r C A(e .O T 0/ l4/4a-v5 04` 6 Yt Street 4 P O , State and ZIP Cod w•� t�f•�&'1 Postage f CeniLod Fey 3 Spacial Delivery Fee Restricted Delivery Fee Return RecelpF ShoWng to WI a Date Delivered / ,Return Recelpt ShoWRp)o Whom, Date, and Aerfo s e, sriIsI TOTAL Postagg , -"-" ' L & Fees i Postmark or Dbtj-6 yQQ2 ��`' j:< STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE. AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Ilea 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 has extra chargel. 2. it 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 it 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 front of the whale. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blacks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 105603-93-130218 Z 269 438 562 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) e 0 10 7 E `o LL rp a Sent in Al g - U>,LScs cat �Jk yl f7 P 0 . Stati antl ZIP Cade Rt i y.lf Postage A i 4 Certified Fee , Special Delivery Fee Restricted Delivery Fee Hattori Rapti Showing to Whom & Opbami / Return m, Date. pnS, fEOrestee TOTAL P taaLC_I? & Feea= , C Po9H1i4rk or Da 'U