20000360 Ver 1_COMPLETE FILE_20000323

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
(- WILMINGTON, NORTH CAROLINA 28403
June 26, 2000
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID No. 200001053 and State Permit No. 72-00
Mr. John David Frink
Captain John's Seafood Restaurant
1758 Frink Street SW
Ocean Isle Beach, North Carolina 28469
Dear Mr. Frink:
?,q

Reference your application for a Department of the Army (DA) permit to replace and
modify a dilapidated pier on the Calabash River south of Calabash, Brunswick County, North
Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction activity
in strict accordance with applicable State authorization and the enclosed plan. Failure to comply
with the State authorization or conditions of the general permit could result in civil and/or
administrative penalties.
Please be advised that the following is a condition of this DA permit:
The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
&0030

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Jeff Richter at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
Enclosure
Copies Furnished (with enclosure):
Chief, Source Data Unit
NOAA\National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy, Rm 7316
Silver Spring, Maryland 20910-3282
Dr. Garland B. Pardue, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
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
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State of North Carolina
Department of Environment
and Natural Resources / LT.W;WA •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
May 19, 2000
DWQ# 00-0360
Brunswick County
John David Frink
Captain John's Seafood Pier
1758 Frink Street Southwest
Ocean Isle Beach, NC, 28469
APPROVAL bf 401 Water Quality Certification
Dear Mr' Frink:
You have our approval, in accordance with the attached conditions, to incorporate 0.07 acre of wetlands (via
shading) in order to reconstruct a pier on your property in Brunswick County, as you described in your application
dated 23 March 2000. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3112. This Certification allows you to use your CAMA Permit when the NC
Division of Coastal Management issues it. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application for a new: certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed
one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to
be valid, you must follow the conditions listed in the attached certification:
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
incerely,
Y -
T. Stevens
Non-Discharge Branch 1621 Mail Service Cent Raleigh, No Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: Birk Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Captain John's Seafood c/o John David Frink
Project Number 00 0360
Recvd From DCM
Received Date 3/23/00 Recvd By Region
Project Type dock and pier
County Brunswick
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
LAMA Waters PT O N F _F15-25-5 SA F 30,759. 6.07F I-
r__ P7 ON F__F_F
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This agency has no objection to the eject as proposed, No 401 needed.
cc: Regional Office Page Number 1
Central Office
Facility Name Ca ptain John's Seafood c/o John David Frink County Brunswick

Project Number 00 0360 Regional Contact: J. Steenhuis
Date: 5/17/2000
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Donna D. Moffitt, Director
FtAF
Adftm
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
000300
March 22, 2000
MEMORANDUM:
TO: Mr. John R. Dorney, NCDENR
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27611-7687
FROM: Doug Huggett
Major Permits Processing Coordinator
P1?R Z 3 2000
-? r:
VT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Captain John's Seafood (c/o: John David Frink)
Project Location: 9887 Oak Street, Calabash, Brunswick Co.
Proposed Project: Proposal to replace & modify a dilapidated commercial pier & docking system
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 13, 2000. If you have any questions regarding the proposed project, please contact
Janet M. Russell at extension 249. 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
7
127 Ordinal Dr. Ext., Wilmington, North Carolina 2840E Telephone [phone] FAX [phone]
DIVISION OF COASTAL MANAGEMENT 0 0 0 3 6 0
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: John David Frink PROJECT: Captain John's Seafood Pier
2. LOCATION OF PROJECT SITE: 9887 Oak Street, Calabash, Brunswick County
Photo Index - JM: 3-27 Grid P-6 IM: Not available
State Plane Coordinates - X:2 131 800 Y: 49 800
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 8, 2000
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: March 14, 2000
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Calabash
Land Classification From LUP - Developed & Conservation
(B) AEC(s) Involved: CW, ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Commercial Pier - Reconstruction
(E) Wastewater Treatment: Existing - Septic Tank System
(I) Type of Structures: Existing - Restaurant, House, Parking Lot, Old Pier, Boatramp
Planned - Pier Reconstruction
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
TYDVnr-1Q = T LTl n?*rTrr
(A) Vegetated Wetlands Shaded
1160 s .ft.
(B) Non-Vegetated Wetlands Shaded
Open Water 1800 s .ft.

(C) Other
(D) Total Area Disturbed: Approximately 2960 square feet
(E) Primary Nursery Area: No
(I) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is requesting to replace and modify a dilapidated
commercial pier and docking system.
Captain John's Restaurant Pier
Page Two
9. PROJECT DESCRIPTION
The property is located at 9887 Oak Street in the Restaurant District of the Town of Calabash. The
property is approximately 4.2 acres in size and is about 3 feet above normal water level. The property
is on the Calabash River in Brunswick County. A restaurant building, house(apartment), parking lot,
and boat ramp are existing. There is an existing pier and dock but it is old, dilapidated, and in generally
unsafe condition.
The shoreline of the property is vegetated with Spartina alte iflora marsh which extends all the way
inland to the existing restaurant building. The width of the marsh varies greatly from one area to another.
The applicant is requesting to replace one of the two pier accesses and the dock. The existing dock has
two pier access walkways. One 6' wide access walk is in good condition and will remain as is. The other
6' wide access will be replaced. The applicant is requesting replacement of a 6' wide access with an 8'
wide by 69' long pier/walkway across the marsh to gain access to the proposed dock. The old dock was
somewhat of a zigzag configuration. The new, proposed dock would be straight, 225' long by 8' wide.
Support pilings on the waterward face of the dock will also act as tie-up pilings for boats. This is
depicted on sheet 3 of 5 on the cross-sectional view of the dock. The proposed dock structure will
provide potential slips for eight boats or less, depending upon the size of the vessel. The dock structure
will be approximately 62' from the Calabash River channel, which is a federal channel. No dredging is
proposed in conjunction with this project. There is currently more than -3' water depth, low tide, at the
end of the dock. The southern-most part of the dock which is existing and will remain as is, lies within
the 15' setback from the adjacent riparian property line.
Adjacent strictures provide docking for a mixture of fishing boats, small private pleasure craft, and tour
boats.
The waters of the Calabash River have been classified as SA by the Division of Water Quality. The area
is not a designated primary nursery area according to the Division of Marine Fisheries. In accordance
with Shellfish Sanitation rules, the waters are closed to the taking of shellfish.
WIAR 2 3 2000
10. ANTICIPATED IlVIPACT5 wErnv'n?
TF'
The proposed project, if approved, would result in the shading of an additional 552 square feet of marsh
by the new replacement access walkway. Impacts to the open water area of Calabash River should be
minimal.
Janet M. Russell / Marsh 20, 2000 / Wilmington
Form DCM-M31-1
APPLICATION
(To be completed by all applicants)
b. City, town, mmunity or landmark
I. APPLICANT - .? a ?s
a. Landowner:
c. Street address or secon ary road number
- n1 r `7 OcE ? s ?r c-c,
Name un A" &a-v' 'al 'Fr-,
Address l7S Fr 1-.-..? S V?rc?e f S-to
city _ ecc „ ,f/. /q« c? State ?-
Zig?P? Day Phone _ T10- 5-79-6444-
Fax
b. Authorized Agent: Name TOE-2EHVE M
ddress FEB 18 2000 fj)
A
DIVISION OF
City COASTAIStMANAGEMENT
zip Day Phone
Fax
d. Is proposed work within city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) C4A , ti r--
3. DESCRIPTION AND PLANNED USE
b
OF PROPOSED PROJECT
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities. q
f I Is the proposed activity maintenance of an existing
project, new work, or both?
oe Xqe e"'# e.t 'f 1- Mtc a?; E': Ci? 7i?'r c D A/ (J
Will the project be for public, private or commercial Gc t
use? - 4 r^ d- ara-? C" rc f ?
C.
Project name (if any) 61 '17 )0,4"
NOTE: Permit %W be issued in naw of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County ?r k /1 Su • L /L
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, lease attach
additional pages. /
ANT r,a, C? Af r ? T?Jf^
C6iy/rr//rc?r .r_ sie h?scei;, c 'lea +ei?s,/,
'60'ry`S an C/ S?i ?r+til I+AK??"tS
Revised 03/45
- ID nUpi11 I
Form DCM-NIA'-1 FEB y g 2000 LU)
DIVISION OF
r•r,nc-rpl MANAGEMENT
m. Describe existing wastewater treatmen facilities.
4. LAND AND WATER ??, s` c
CHARACTERISTICS
a. Size of entire tract 4_1 K cb- eS
b. Size of individual lot(s) _ A1_1k
C. Approximate a evation of tract above MHW or
NTwL 3 ,?-
n. 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.)
d. Soil type(s) and texture(s) of tract
o.
Describe existing drinking water sup) y source.
_Jr U/1 SctJa? Ca v? Vegetation on tract ilk C? a 4Ye-, rs X f w re al

f. Man-made featur nowon tract
g. What is the CAMA Land Use Plan land
classification of the site? (Co,u the local land use plmn.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
L Is the proposroj= consistent with the applicable
zoning? Yes No
(Anach Zoning cvnmliancr cerziifi=c, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes [i No
If yes, by whom?
1. is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? V Yes No
Coastal (marsh) it Other
If yes, has a delineation been conducted?
(Asada do=nrn=don, if avmtable)
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 proje-q.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 112" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7].0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised Q3!-05
Form DCM-M11-1
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 00 ?c on IX
Address 71 R; ut _ Rv.. .
Phone 'F/C - S`-79- 67x3
Name h, /A LCc , s
Address /
Phone r ic)= .S 71- 6-7 d S
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.
• 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.
J6(USLv i?
FEB 18 2000
n1x11_q1QN OF
CC(eSJJkCh1A 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. Ile 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 / r day of °Z , 9o<er0
Print Name J r, i n
Signature
r or A.Ahorized Agew
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.
!.,
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
Revised 03/15
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas) DIVISION OF
COASTAL MANAGEMENT
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ 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/or Pier(s)
(1) sof Commercial ?Community _ Private
(2) Number bn e-,
(3) Length
(4) Width 77- (4) Width of water body
5
i
"

? (
) D
stance
buoy(s) to be placed beyond
(5) Finger Piers Yes
No shoreline
(i) Number
(ii) Length f. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width (1) _ Commercial Communit
_ y -Private
(6) Platform(s) .,'Yes No (2) Number
(i) Number /) h C (3) Length
(ii) Length 2-7-6" (4) Width
(iii) Width $'
(7) Number of slips proposed JE-; g. Other (Give complete description)
(8) Proximity of structure to adjacent r parian
property lines P' 16
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL - 3 or detoa r
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length J C
(3) Width A t or ject ame?
c. Groin (e.g. wood, sheetpile, etc.)

(1) Number tune
(2) Length(s)
_ Date
3. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
400 copies of this public document were printed at a total cost of $7.00 or $ .02 per copy.
Revised 03/95
OVERVIEW FOR CAMA
BOAT DOCK AND PIER
LOCATION - 9887 OAK STREET
CALABASH, NC 28467
The intention of the new pier is to replace the existing pier, which is no longer safe for
pedestrians or customers of Captain's Johns. The restaurants recent inspections by the
local Building Inspections Department deemed the dock unsafe for the customers. The
public is requesting that the dock be replaced. It is our intention to widen the dock to the
left eight feet, while allowing the portion of the dock to the right to remain six feet. Also,
the portion, which allows boats to dock, will be six feet open, with two feet of area for a
bench, making this portion of the dock facing the Calabash River eight feet wide. We
hope this application is considered on the basis that the dock serves the public, as well as
a restaurant. This is a valuable asset to the Town of Calabash. This boat ramp to the left
is the only boating access open to the public in Calabash. It is our intentions to allow the
public to continue to use this dock in a safe environment.
Sincerely yours,
??4 16 . &:Or
,Captain's Johns
?f
Tim6th D. Evans
Town of Calabash
Building Inspection Department
ECEHVE 1 Diu,
FEB 18 2000
DIVISION OF
COASTAL MANAGEMENT
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 24, 2000
1i
I
Regulatory Division
Action ID No. 200001056
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Fnvironmerlt anal Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Mr. Domey:
APR 2 7 201111
WATER UALITY S "` ?f
Reference the application of John Frink for Department of the Army authorization and a
State Water Quality Certification to replace and modify a dock on the Calabash River in
Calabash, Brunswick County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section 10 of the Rivers
and Harbors Act. However, we have determined that a water quality certification is required
under the provisions of Section 401 of the Clean Water Act. A Department of the Army permit
will not be granted until the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for State action.
Therefore, if you have not acted on the request, or asked for an extension of time, by June 17,
2000, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to the undersigned at telephone [phone].
Sincerely,
Jeffrey H. Richter
Regulatory Project Manager
Copy Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638