20041485 Ver 1_COMPLETE FILE_20070831

`0
D
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 22, 2004
Mr. Eddie Miller
Box 1756
Nags Head, NC, 27959
Subject Property:
DWQ Project # 04-1485
Dare County
Miller's Waterfront Restaurant
Construction of pier with gazebo platform at pier terminus
Approval of 401 Water Quality Certification (GC3351) with Additional Conditions
Dear Mr. Miller:
You have our approval, in accordance with the attached conditions, to shade 0.013 acres of wetlands and
waters to construct a pier with gazebo platform at pier terminus at the referenced property as described in
your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on September 3,
2004. After reviewing your, application, we have determined tl?at the Division of Water Quality (DWQ)
General Water Quality Certification Number 3351 covers these water impacts. This Certification allows
you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should get or otherwise comply with any other federal, state and local requirements before
you go ahead with your project including (but not limited to) erosion and sediment control regulations
and LAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is 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. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream N/A (feet)
404/LAMA Wetlands 0.013 (acres) DCM Field Investigation Report
Waters N/A (acres)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands

Nose Carolina
Nawla!!ry
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10%p Post Consumer Paper
Mr. Eddie Miller
Page 2 of 2
September 22, 2004
Buffers N/A (s uare ft.)
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3351.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certifications(associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must aFt within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, bvhich conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative bearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
V
? Alan W. Klimek, P.E.
AWKlcbk
Enclosures: . GC 3351
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files a
Environmental Professionals, P.O. Box 3368, Kill Devil Hills, NC, 27948
Filename: 041485Millers(Dare)401
i ???
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 1, 2004
WETLANDS 1401 caouP
MEMORANDUM:
SEA Q 3 2004
TO: Mr. John R. Dorney
Environmental Biological Supervisor WATER GN1AI.iiY SECTION
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review 0 4 1.4 8 5
Applicant: Eddie Miller (Miller's Waterfront Restaurant)
Project Location: 6916 South Croatan Highway, Nags Head, and on the Roanoke Sound
Proposed Project: Construction of pier with gazebo platform at pier terminus.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 22, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. 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.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
DIVISION OF COASTAL MANAGEMENT.
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Eddie Miller: Miller's Waterfront Restaurant
2. LOCATION OF PROJECT SITE: 6916 South Croatan Highway, Nags Head, Dare
County, and on the Roanoke Sound.
Photo Index - 2000: 185-2082, V20; 1998: 42-1053, M3; 1995: 185-1925, Q14; 1989:
1-42-22, K8
State Plane Coordinates - X: 3004850 Y: 804900 Roanoke Island NE LL
3. INVESTIGATION TYPE: CAMA
041485
4. INVESTIGATIVE PROCEDURE: Date of Site Visit - June 23, 2004
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - August 17, 2004
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Nags Head
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Estuarine Waters, Coastal Wetlands, Public Trust Area, and
Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Onsite sewage disposal
Planned - None
(F) Type of Structures: Existing - Deck, restaurant, parking area
Planned - 60' x 6' Pier with a 15' x 15' "T" head at pier
terminus
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADED
(A) Coastal Wetlands
(B) Public Trust Area, Estuarine Waters
(C) Estuarine Shoreline
120 sq. ft.
315 sq. ft.
150 sq. ft.
(D) Total Area Disturbed: 585 sq. ft. (013 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
FIELD INVESTIGATION REPORT
Eddie Miller: Miller's Waterfront Restaurant
Page 2
PROJECT SUMMARY
The applicant proposes to construct a 60-feet by 6-feet pier, with a 15-feet by 15-feet gazebo
platform at the pier terminus on Roanoke Sound.
PROJECT SETTING
The property proposed for development is located at 6916 South Croatan Highway (US 1518)
in Nags Head, and consists of 1.74 acres adjacent to the Roanoke Sound. The site includes an
existing restaurant with an elevated deck near the shoreline and a parking area. The adjacent
property to the north is a town waterfront access site, and the property to the south is a
waterfront recreation business.
Vegetation noted on the site includes, but is not limited to, indigenous yard grasses with Black
Needlerush (Juncus roemerianus), Bulrush (Scirpus spp.), and Salt Marsh Cord grass (Spartina
alterniflora) along the shoreline. Soil types include Carteret sand (CeA), Corolla fine sands
(CoB), and Duckston fine sand (DtA). The property has an elevation of approximately 5 feet
above Normal Water Level (NWL), and the shoreline has a Coastal Wetland fringe. Riprap
has been placed above the wetlands for upland stabilization.
PROJECT DESCRIPTION
The applicant proposes to construct a 60-feet by 6-feet pier, with a 15-feet by 15-feet gazebo
platform at the pier terminus to provide water access for customers. The proposed pier will
extend west into the Roanoke Sound connecting to the existing rear deck area of Miller's
Waterfront Restaurant. The applicant proposes a "T" head of 225 square feet, thereby
creating a final pier length extending 75 feet from the existing deck. The pier will extend into
the Sound approximately 8 feet. Water depth at the pier terminus is approximately 2.5 feet.
ANTICIPATED IMPACTS
The development proposal will result in the shading of 120 square feet of Coastal Wetlands,
315 square feet of Public Trust Area and Estuarine Waters, and 150 square feet of Estuarine
Shoreline, Areas of Environmental Concern. Temporary water turbidity will occur during
construction.
Submitted by: Frank A. Jennings, III
Date: August 26, 2004
Y
4
RECEIVED
CAMA MAJOR NARRATIVE
EDDIE MILLER-MILLER'S WATERFRONT RESTAURANT
NAGS HEAD SITE ELIZAB TH CITY
The subject site is a 1.72-acre site located on the eastern banks of the Roanoke Sound in Nags Head, Dare
County, North Carolina. The site is currently utilized as Millers Waterfront Restaurant. This waterfront
restaurant provides soundfront views and dining to the local and tourist populations of Dare County.
This proposal is for construction of a pier and T" Head and consists of
Construction of a pier extending west into the Roanoke Sound connecting to the previously
existing rear deck area of the restaurant that is adjacent to the sound waters. The proposed
pier will be 60 feet long by 6 feet wide, and will include a "T" Head 15 feet by 15 feet. As
prescribed in Title 15A NCAC 07H.0208(b)(6)(D), the applicant is allowed a "T" Head not to
exceed 400 sq ft across the 100 feet of shoreline. The applicant proposes a "T" Head of 225
sq ft. This will make the final pier length 75 feet extending from the existing restaurant deck
area. The pier will extend into the sound above the shoreline approximately 8 feet above
NWL, and will not impact Coastal (marsh) Wetlands. As the pier is constructed west from
high ground, continuing construction will provide access as the pier will extend above the
marsh area.
The intended use of the pier and observation area is to include a scenic walkway/observation area for
restaurant guests. The proposed pier and accompanying observation area have been designed by
Northeastern Marine Construction and will emulate the design and construction of the walkway and "T"
Head located at the Sanderling Inn located in Duck, North Carolina. Northeastern Marine has provided
detailed schematics of the proposed construction. These schematics have been attached to this application
package. The location of the proposed pier and observation area has also been indicated on the attached
plat.
Form DCM-MP-1
APPLICATION "EcElvEo
(To be comle®t®ed b 611 applicants) MAY ? ? 20QQ
11?? ??, ?` 1
?LIAL NANAGEPv7E fV
ZAB", CITY T
JUN 0 1 2004 b. City, town, community or landmark
Nags Head
1. APPLICANT COASTAL N(`dANAGEMENT
z - H CITY c. Street address or secondary road number
6916 South Croatan Highway
a. Landowner:
Name Eddie Miller
Address BOX 1756
City Nags Head State NC
Zip 27959 Day Phone [phone]
Fax
b. Authorized Agent:
Name Environmental Professionals. Inc.
Address PO Box 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
,a -K+. /a y
Fax [phone]
c. Project name (if any) Miller's Waterfront Restaurant
?'" i' y ? YlG7TS
NOTE. Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Roanoke Sound
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 and/or filling activities.
Pier extending from existing deck area
225 sq ft "T" Head at pier terminus
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work in addition to
existing deck.
c. Will the project be for public, private or commercial
use? Commercial/public Project is a restaurant
addition.
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.
See Attached Narrative
V

Revised 03/95
Form DCM-MP-1
r

SAY 13 2004
APPLICATION "1181'
?IZgg?r EE?1-
AI A HAS
(To be completed b QBlicants)
j f Q 1 200A
1. Are there wetlands on the site? X Yes _ No
4. LAND AND WATER c QASTA1_ MANAG6pgta1(marsh) X Other
CHARACTERISTICS ELIZABETH Ufi?yes, has a delineation been conducted? NO
(Attach documentation, if available)
a. Size of entire tract 1.74-acres
b. Size of individual lot(s) same
c. Approximate elevation of tract above MHW or NWL
9 feet
d. Soil type(s) and texture(s) of tract
Carteret sand (CeA)
Corolla fine sand (CoB)
Duckston fine sand (DtA)
e. Vegetation on tract. scrub and grasses
f. Man-made features now on tract Miller's Waterfront
Restaurant and associated parking
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
C-2 Commercial
Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional
done for the tract?
If yes, by whom? _
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National Register
listed or eligible property?
Yes X No
in. Describe existing wastewater treatment facilities.
Onsite sewage disposal
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.) None
o. Describe existing drinking water supply source.
Municipal 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. .
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 710203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
Revised 03/95
RECEIVED
Form DCM-MP-1
JUN 0 1 2004
RECEIVED
MAY 13 2004
COASTAL iIANAGEMENT
?=l 17AEi =-W CITY coA A A
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 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
' or use of p> l19 ?Wstatement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERAUSSION
TO ENTER ON LAND
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 Town of Nags Head
Address PO BOX 99 Nags Head NC 27959
Phone
Name Ralph Buxton
Address PO BOX 939 Naas Head. NC 27959
Phone [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.
N/A
• 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.
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 12 day of MAY , 2004
Print Name Rob G. Sa er - A gent
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
N/A DCM MP-2 Excavation and Fill Information
N/A DCM MP-3 Upland Development
X DCM MP-4 Structures Information
N/A DCM MP-5 Bridges and Culverts
N/A DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.

• 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
r
Form DCM-MP-4
e. Mooring buoys N/A
(1) Commercial

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/or Pier(s) N/A
(1) Commercial X Private Community _
(2) Number 1
(3) Length 60
(4) Width 6
(5) Finger Yes , No X
Piers
(i) Number 0
(ii) Length N/A
(iii) Width N/A
(6) Platform(s)- X Yes No
(i) Number 1
(ii) Length 15 Roof outline
(iii) Width 15 Roof outline
(7) Number of slips proposed NONE
(8) Proximity of structure to adjacent riparian property
lines Greater than 15 feet
(9) Width of water body Greater than 1 mile
(10) Water depth at waterward end of pier at MLW or
NWL 2.5 feet
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
C. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number N/A
(2) Length
d.
Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL, or
wetlands

Private _ Community _
(2) Number N/A.
(3) Description of buoy (Color, inscription, size, anchor, etc.
N/A
(4)
(5)
Width of water body N/A
Distance buoy(s) to be placed beyond shoreline
N/A
f. Mooring structure (boatlift, mooring pilings, etc.) N/A
(1) Commercial Community Priv
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
(6) Platform consists of a roofed "T" Head of 225 sq ft
roofed area for restaurant guests in the dimensions
indicated. Benches will be built on the north and south
sides. This structure shall not be enclosed by walls.
Eddie Miller
Applicant of Project Name
Signatur
Da
(3) Maximum distance beyond MHW, NWL or
wetlands

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MAJOR PERMIT FEE MATRIX
Applicant: Miller's Waterfront Restaurant
Selection Development Type Fee DCM % DWQ %
(143001601435100093 1625 6253) (24300 1602 435100095 2341)
1. Private, non-commercial
development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
11. Public or commercial
development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
Ill. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(B). For public or
commercial development, if $400 100% ($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WO Supervisor: Borger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Miller's Waterfront Restaurant
Project Number 04 1485
Recvd From DCM
Received Date 913/04 Recvd By Region
Project Type pier
County Dare
County2
Region Washington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
LAMA 404, O Y O N F- 30-21 SA HQw X0.156. 201 F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
issue n/c tas092204
cc: Regional Office
Central Office Page Number 1
.
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1BULKHFAD ~I ~ AIL I' ..X!„ N
EXIST. IN ASPHA:.T EXIST.
IRON PIPE / /CONC. MON. EXIST ~ \ ~,J IOC.00' t
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GLIDDEN STF.E=T
C ~ 8 150 n/ W APH I C SCALE . 1 40 . HWY. ! GR U. v
i
APPLICATION PLAT CAMA MAJOR
RFRONT RESTAURANT MILLERS WATE I
NAGS HEAD, NC
FESSIONALS INC. I ENVIRONMENTAL PRO
nn o..,, azaa kll I t1FVIL HILLS. NC
252-441-0239 `
I
SURVEY DATA BY WILLIAM JONES PLS DATE 8112104 DRAWN: KT
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