19990480 Ver 1_COMPLETE FILE_19990427

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: Doug Huggett, DCM
FROM: John Dorney, DWQ
1 ? •
AIM"
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 30, 1999
RE: Water Quality Comments
DMA Charter / Mack Baker Project
Carteret County
DWQ Project # 990480
DWQ has no objections to the project plans to replace a commercial building near
Bogue Sound.
Please call me at 733-1786 if you have any questions.
cc: Wilmington Regional Office
John Dorney
Central Files
990480.dcm
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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CAMA
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April 26, 1999
TO: Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator U (+JD
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: DMACHARTER/Mack Baker

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Project Location: Carteret County, within the City of Morehead, adjacent to Bogue Sound, in the
downtown area. This is the site of the Charter Restaurant building, at Evans
Street, east of 4th Street.
Proposed Project: Proposes to demolish a non-conforming restaurant building and replace it with a
commercial building for retail shops. The structure is located in its entirety over
the waters of Bogue Sound.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 17, 1999. If you have any questions regarding the proposed project, please contact Tere Barrett
at [phone]. 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 Carolina Department of Environment and Natural Resources jai]MT. fit Jr., Governor • Wayne McDevitt, Secretary
Division o ,omta Management Donna D. Moffitt, Director
Morehead City Office . 151-Q Hwy. 24 / Hestron Kum 11 Morehead City, NC 28557 • Phone [phone]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: DMACHARTER/Mack Baker
2. LOCATION OF PROJECT SITE: The project is located within the City of Morehead, adjacent to Bogue
Sound, in the downtown area. This is the site of the Charter Restaurant building, at Evans Street, east of
4th Street.
Photo Index - 1995: 45-510, Grid G-10 1989: 154-22, Grid C-20
State Plane Coordinates - X: 2687600 Y:360000
3
INVESTIGATION TYPE: CAMA
4
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/23/99
Was Applicant Present - Yes
5
PROCESSING PROCEDURE: Application Received - cc: 4/22/99
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Morehead City
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal Sewer
Planned - None
(F) Type of Structures: Existing - Restaurant
Planned - Retail Building
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
TAR FDnFn PTT T Pn nTUT:71D
(A) Vegetated Wetlands
None
(B) Non-Vegetated Wetlands
None
(C) Other
Open Water 6968 sf
(D) Total Area Disturbed: 6968 sf
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant wishes to demolish a non-conforming restaurant building and replace
it with a commercial building for retail shops. The structure is located in its entirety over the waters of
Bogue Sound.
FIELD INVESTIGATION REPORT:
DMACHARTER/Mack Baker
PAGE #2
9. NARRATIVE DESCRIPTION:
This project site lies over Bogue Sound, adjacent to Lot 3, Block 3, Evan's Street, within the
town of Morehead City. This is the site of the old Charter Restaurant. The existing building lies
over the water, as will the proposed if authorized. The applicant is attempting to utilize the "non-
conforming" use clause to accomplish this redevelopment. This is an area with an historical
record of commercial structures over the water.
The area of the proposed development is serviced by municipal water and sewer. The City of
Morehead Land Use Plan classifies the project area as Conservation, as it is located entirely
within a CAMA AEC. The approximate elevation of the site is sea level. The width of the body
of water at the project location is approximately 400' across. There is a US Army Corps of
Engineers Harbor Line established within this area of Bogue Sound. The City maintains a
boardwalk along the waterfront in this area, which is stabilized with a vertical bulkhead. This
area of Bogue Sound is not classified as a Primary Nursery Area by the Division of Marine
Fisheries; the waters are classified SA by the Division of Water Quality, and are closed to the
taking of shellfish for consumption.
The applicants purchased the restaurant and the parking area across Evan's Street. Although the
deed does not seem to clearly address it, the city's attorney has said that "it appears from the
applicant's survey that there is a strip of high ground between the city's road right of way and the
bulkhead," giving the applicant riparian rights. This property width is 50'. There is a 10' strip
adjacent to the property to the east that is owned by Morehead City, and is an alleyway extension.
The existing restaurant is built across this alleyway, and beyond. The City of Morehead has
given the applicants authorization to construct a portion of their requested development within
that 10' strip. Property line extensions have historically been used in this area for the purposes of
riparian corridors, and will have to continue being used in order to conform with existing
development. The adjacent property owners to the west, Camp Sea Gull Seafarer, and Morehead
City to the east have both waived the 15' setback required from the riparian corridor. These are
on file.
The existing non-water dependent building incorporates approximately 4540 square feet of
Public Trust Area, with another 1799 square feet in decking used for mooring of vessels.
Approximately 1529 square feet of this existing water dependent docking will be removed under
this proposal. The plat indicates that there is 4926 square feet existing in the non-conforming
structure, however, a portion of this is over the high ground area, and is not "non-conforming."
The applicant's are proposing to demolish the existing restaurant building and reconstruct a
commercial building to house several retail shops. The building is proposed for 44' in width, and
100' in length, or 4400 square feet, and is single story in design. The proposed first floor
elevation is 10'. There is a 60' x 4' walkway proposed on the street side of the building. This
structure is over the water, and is necessary to continue the public walk along the boardwalk
without impairing safety. Along the west side of the facility there is a 110' x 4' pier for access to
a dock. At the waterward end of the building, there is a 58' x 6' dock proposed for the mooring
of 3 vessels. Additionally, there are two "non-water dependent" walkways proposed around the
DMACHARTER/Mack Baker
PAGE #3
building, that do not allow for access to water but for ease around the building. There is a 110' x
10' boardwalk proposed along the east side of the building, connecting to a 44' x 10' boardwalk
along the waterward side of the building. These structures are level with the first floor of the
building, and are intended to allow for shops to have their entrances facing outside to the
boardwalk. Without these walkways, the applicant must design for internal entrances to the
shops from one main entryway toward the street. The width of the lot restricts the width of the
building, making this difficult. The design of the building is not within the footprint of the
existing building, but the enclosed structure is 140 square feet smaller in size.
There are 8 mooring pilings proposed waterward of the 58' x 6' dock, to allow for the mooring of
three vessels within 19' x 40' slips. The normal low water depth at the dock is 17'. No portion of
the project, to include the mooring pilings for dockage, extends beyond the US Army COE
Harbor Line.
The applicant's have also leased the adjacent boardwalk and docks to the east from Morehead
City for a period of 10 years. Some maintenance excavation and dock renovation has been
accomplished in this area under General Permit #21518-C.
10. ANTICIPATED IMPACTS:
The project as proposed will incorporate 4400 square feet of Public Trust Area with a non-water
dependent building. Additionally, 1540 square feet will be incorporated in non-water dependent
decks. Another 1029 square feet of Public Trust Area will be incorporated with water dependent
piers and docks. This compares to the existing building in that there is 4540 square feet
incorporated with a non-water dependent building, and 1799 square feet of water dependent
docks. The end result is that the proposed plan will incorporate 5940 square feet of Public Trust
Area for a non-water dependent use as compared to 4540 square feet incorporated for non-water
dependent use in the existing structure. While the non-water dependent incorporation of the
proposed structure exceeds that of the existing by 1400 square feet, the total Public Trust
incorporation is exceeded in the proposed by only 629 square feet.
The demolition of the structure will require extra caution in order not to result in debris in the
water. Turbidity can be expected to temporarily rise during pile driving for the new structure.
April 23, 1999 T. Barrett Morehead City

l
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name OMACNARTFR
Address 4317 ARRNVELL STREET
City MOREMEAV CM
State NC
Zip 25337 Day Phone?Afflt 247-9431
Fax
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
C. Project name (if any)
IV=: rerelt wW be hard in mw ofloldolwlfr(J), ad/or
prokct naives.
2. LOCATION OF PROPOSED
PROJECT
a. County CARTERET
b. City, town, community or landmark
MOREMSAO CM
c. Street address or secondary road number
_EVANS MEET
d. Is proposed work within city limits or planning
Jurisdiction? XX Yea No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) naeur Sougn
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation cad/or filling activities.
RECD MSra UMBAF ea terisrire sfa9CUMr
I CfA M_ 00999
b. h the proposed activity maintenance of an existing
project, new work, or both? varg
c. Will the project be fnr public, private or commercial
use? M M MA&
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. N more space is needed, please attach
additional pages.
A
DAM X 00MAWU 10181 U N; W= NOW
DA M V SA Al Q; 054A X40"
Romko t oaroc
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract TRACT IS OVER WATER
b. Size of individual lot(s) NA
e. Approximate elevation of tract above MHW or
NWL mA LEVEL
d. Soil type(s) and texture(s) of tract
. NI
e. Vegetation on tract NA
f. Man-made features now on tract THE CNARTER
RMTHRANT
g. What is the CAMA Land Use Plan land
classification of the site? (rma at toavt tone un plm )
V Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
COI/YENUAL DOWNTOWN MARINA
L Is the proposed project consistent with the applicable
zoning? X- Yes No
j. Has a professional archaeological assessment been
done for the tract? Yes No
If yes, by whom? mygowN
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed origible property?
Yes ? No
1. Are there wetlands on the site? Yes v/No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Aaadt do=--"q-, V-aUabU)
m. Describe existing wastewater treatment f.
TOWN SEWER
n. Describe location and type of discharges
of the state. (For example, surface runol
wastewater, industrial/commercial efflue
down' and residential discharges.)
NApYII ?I /NfJ/ / F4dY 4AAiTA?S
o. Describe existing drinking water supply i
TIIWN WA 7"
S. ADDITIONAL INFORMATIOr
In addition to the completed application
following items must be submitted:
• A co" of the deed (with state applicano
other instrument under which the applicant
to the affected properties. If the applic
claiming to be the owner of said prop
forward a copy of the deed or other in=
which the owner claims title, plus written 1
from the owner to carry out the project.
• An aocumte, dated work plat (including
and cross-sectional drawings) drawn to sea
ink on an 8 1/2" by 11" white paper.
Coastal Resources Commission Rule 7J.C
detailed description.)
Please note that original drawings are pre
only high quality copies will be accepted.
prints or other larger plats are acceptable
adequate number of quality copies are pr
applicant. (Contact the U.S. Army
Engineers regarding that agency's use
drawings.) A site or location map is a p
requirements and it must be sufficiently c
guide agency personnel unfamiliar with 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 cwdfied 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.
Naive YMCA -CAMP SEW GUI L -SEA FA RER
ffST Address _ -21 raamt ?--NB/NR aeARAaes fir 22 10
Phone 010 v g 111 !
Name sewr es Mna•wase env
Address sa e___,VA_ WR Ala meaaaase = Mc 2at3v
EAST Phone [phone]
Name
Address
Phone
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. 'Ibe 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 22 day of 19 `c .
Print NameA 1Rn a rZ }-t a s lr e_ r
Signature r-S
n
ladowwwr or z.d .eamr
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
&KOWN
• 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 hasard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Ad (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.
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
xx- DCM MP-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.
400 copies of this public document were printed at a total cost of $52.48 or $ .13 per copy.
o-..i..-J A2MC
Form DCM.MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) XX Commercial Community _ Private
(2) Number S
(3) Length 6 .0 ";t 14
l?xliu?
(4) Width _41f1p
(5) Finger Piers Yes -JUL No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes _jgf-. No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed _
(8) Proximity of structure to adjacent riparian
property lines o,
(9) Width of water body _s:tsf-
(10) Water depth at waterward end of pier at
MLW or NWL _ -t7'NWL
b. Boathouse (including covered lifts) NA
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
NA
(1) Number
(2) Length(s)
Breakwater (e.g. wood, sheetpile, etc.) NA
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys NA
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boadift, mooring pilings, etc.)
(1) LL Commercial ,-Community _ Private
(2) Number B MOOR/NO P/L/NOS
(3) Length 19' W PER SLIP
(4) Width Anew fNca SLIP
-g. Other (crve complete deic,ipdon)
_ .?aary ,or??r r.G'Gtrr'?,y.cw ?
RUILO/NOS ANO UPPER 0ECK/N
AppUmt or Project Name
5iinature
Dote
p.. _
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MEMORANDUM:
JAMES B. HUNTJR. TO: DOUG HUGGETT
GOVERNOR
FROM: T. BARRETT
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT -
':WAYNltMCDEVITT DMACHARTER, CARTERET COUNTY
,'.SEC1t6TARY '9DATE: April 26, 1999
The following are my comments and recommendations regarding the above
DONNA D. MOPFITT
DIRECTOR mentioned project:
The existing and proposed structures are non-conforming in nature in that they are
non-water dependent uses located over the water. The amount of non-conforming
structure in the existing structure is 4540 square feet. Because of the width of the
property, the applicant has been forced to design a building that needs several
accesses from the side, necessitating a boardwalk on two sides that is also non-
water dependent. These walkways add 1540 square feet of area, for a total non-
conforming use area of 5940 square feet. This is 1400 square feet in excess of
the non-conforming use area of the existing structure, or 4540 square feet.
The proposal is intended to utilize the non-conforming use clause in T15A: 07J
.0211 which addresses the replacement of such structures. There are 4 criteria
associated with the replacement of non-conforming development, all of which must
be met. They are as follows:
1) the structure will not be enlarged beyond its original dimensions;
2) the structure will serve the same or similar use;
3) there are no practical alternatives for replacing the structure to provide the
same or similar benefits in compliance with current rules; and
4) the structure will be rebuilt so as to comply with current rules to the maximum
extent possible.
The second and third requirements of this rule are clearly met. However, the non-
conforming development associated with this project will be increased by 1400
square feet above the non-conforming development of the existing development.
As such, the first criteria requiring no enlargement beyond original conditions is not
MOREHEAD CITY OFFICE
HESTRON PLAZA It 151-8 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
met, and the fourth criteria requiring compliance to the maximum extent possible is not met.
Consequently, I have to recommend that the non-conforming aspect of this development is
reduced in size by 1400 square feet in order to meet the above stated rule.
Additionally, the following are conditions I would recommend for the permit:
1) The applicant must use all available precautions during demolition and redevelopment to
prevent the introduction of materials into Bogue Sound.
2) All proposed development must be done in accordance with the permitted workplat
drawing dated March 07, 1999, and amended April 12, 1999 and April 20, 1999.
3) All construction must conform to the North Carolina Building Code requirements and all
other Local, State, and Federal regulations.
4) Any change or changes in the plans for the development, construction, or land use
activities will require a re-evaluation and modification of this permit.
5) Pursuant to 15 NCAC, Subchapter 7J. 0406(b), this permit may not be assigned,
transferred, sold or otherwise disposed of to a third party.
cc: Jeff Richter, COE
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1 OF 1 TEt7F FlE1.D SURVEI` MARCH 1999 DA?E OF MAPPING MARSH 7, 1999
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JAMES I. PHILLIPS LAND SURVEYING PA
LAND SURVEYING AND PLANNING ~ I
1210 ARENDELL STREET MOREHEAD CITY, NORTH CAROLINA
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