20110394 Ver 1_CAMA Application_20110429

Beverly Eaves Perdue
Governor
CDER
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson Dee Freeman
Director Secretary
April 27, 2011
MEMORANDUM:` `.
TO: Cyndi Karoly, Supervisor Utt cK ,,
401 Oversight & Express Permits Unit ?*Xwfi*0s?oRYWATPska,?k, ?.
Division of Water Quality-Surface Water Protection
FROM: Steve Everhart, NCDENR/DCM Express Major Permits Coord.
127 Cardinal Dr., Ext., Wilmington, NC 28405 (Courier 14-16-33)
SUBJECT: CAMA Major Permit Application Review
Applicant: Sanitary Restaurant - (c/o: V. Garner)
Project Location: 501 Evans St., adjacent to the Bogue Sound, in Morehead City,
NC, Carteret Co.
Proposed Project: Applicant proposes to add an 8-slip floating docking facility for
customer use while dining
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 20, 2011. If you have any questions regarding the proposed
project contact Steve Everhart [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 DATE
400 Commerce Ave., Morehead City, NC 28557--3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal 0 pMunity Affirmative Action Employer
One
NorthCarollna
,lVtfind
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Sanitary Restaurant C/o Vernon Garner
2. LOCATION OF PROJECT SITE: 501 Evans St., adjacent to the Bogue Sound, in Morehead City, Carteret
Co.
Photo Index-2006: 42-6410 (S,7; T,10) 2000: 41-526 (S, 14-15)
State Plane Coordinates - X: 2688430 Y: 361062 GPS - S-020714A
Lat: 34°43' 12.879" Long: 76°42'31.686"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/07/11
Was Applicant Present -applicant
5. PROCESSING PROCEDURE: Application Received Complete - 04/20/11
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Morehead City
Land Classification from LUP - Conservation/Downtown Mixed Use
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - Municipal
Planned - None
(F) Type of Structures: Existing - Restaurant with seating over water.
Planned - Add 8-slip floating docking facility for customer use while
dining.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FELLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(Open water) 2802 sq. ft.
(Incorporated)
(C) Other
(D) Total Area Disturbed: 2802 sq. ft. (0.06 ac)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant is proposing to add 8-slip floating docking facility for customer
use while dining.
Sanitary Restaurant
Page Two
9. PROJECT DESCRIPTION:
The applicant has requested that the subject CAMA Major Permit application be processed under the
Express Review Permitting Program. The project site is located at Add 8-slip floating docking facility for
customer use while dining. From Wilmington travel north on US Hwy. 17 toward the City of Jacksonville.
As you approach Jacksonville, bear right and merge onto Hwy. 17 north By-Pass. Take a right and merge
onto NC Hwy. 24 east toward Morehead City. At the intersection of Hwy. 24 and US 70, turn right
traveling east on US 70. US 70 becomes Arendell St. in Morehead City. Turn right into 6t' St., then left
on Evans St. and the project site will be located on the right. The lot is approximately 4000 sq ft with
roughly 180' of shoreline. According to the application, the lot averages 6'above mean high water.
Waterward of the existing bulkhead the restaurant including an outdoor serving area extends over public
trust waters a distance of approximately 102' and there are no vegetated wetlands on-site. There is an
existing platform on the northeast corner of the restaurant adjacent to the highground.
In the project area, the waters of Bogue Sound are classified as SA by the NC Division of Water Quality,
and they are NOT open for the harvest of shellfish. These waters are NOT designated as Primary Nursery
Area (PNA), by the NC Division of Marine Fisheries. The Town of Morehead City Land Use Plan
classifies the waters as Conservation and the waterfront is classified as Downtown Mixed Use.
PROPOSED PROJECT:
The applicant is proposing to extend a 4' x 16' gangway waterward from the existing platform on the
northeast corner of the restaurant to a proposed 6' x 64.7' floating access walkway terminating in an 8' x
175.3' floating dock extending to the right, perpendicular to the access walkway. As proposed, the
docking facility would provide eight formalized slips. According to the application, the slips, including
boat lifts, would be located in an area where water depths range between -8' and -15', relative to NLW.
10. ANTICIPATED EVIPACTS:
As proposed, the development would incorporate and additional approximately 2802 sq. ft. of public trust.
The applicant has approximately 180 linear feet of shoreline, allowing approximately 1440 sq. ft. of
platform area. As proposed, the docking facility would constitute approximately 1412 sq. ft. of platform
area. As proposed, the planned development would be located within the applicant's area of riparian
access and extend approximately 110' into a waterbody the width of which is approximately 405'.
Although this is not within 1 /4 of the width of the waterbody, there is an existing USACE established
harbor line (pierhead line) to which the structure will not extend. Also, it will not extend to the 1/3 distance
of the waterbody.
Submitted by: Steve Everhart Date: April 27, 2011 Office: Wilmington
MCD
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MIChW F. Easley, Governcx Charles S. Jones, Diredor W1Aiam G. Ross it., Secretary
Date Z - ?
7
Applicant NameE ar e ?n (t?;rrL
Mailing Address _ P D /b?a2I eQ Ci'
I certify that I have authorized (agcaat)? to act on my
behalf, for the purpose of applying; for anti obtaining all C~ANIA permits necessary to
install or construct (activity) f
at (location)s h 7?a,
Oal-ehe-e

C,17 / , r
T'liia certificaliou is YA alid thru {da r--) ? /
Signature
APR
atb
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] l FAX: [phone] Internet: www.nccaastalmanagementnet
yn F:nal llnn.rlnnilpl AWnY.7NvG 40Nnn Fmnlnvpr, 111% R"..vilarll IN hnRI i nncnmwr Panor
N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date - a0 - 1
Name of Property Owner Applying for Permit:
v"n (alt,- "w
Mailing Address:
ev J
arc-?.?-
I certify that I have authorized (agent) &4m. Acin K5 Mar i nu to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) ?- ? oa:7 --t r
at (my property located at)
o) blartS
Mz? ' C6-, . Nc c;lYS5-7
This certification is valid thru (date) ?`
17
Property Q6v4& Signature

Date

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major lovelopment Pelt
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North Carolina DIVISION OF COASTAL MANAGEMENT
9. Primary Applicant/ Landowner Information
Business Name
Sanitary Restaurant Project Name (if applicable)
Applicant 1: First Name
Vernon MI
J Last Name
Garner
Applicant 2: First Name
Jeffrey MI
G Last Name
Gamer
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box
38 City
Morehead City State
NC
ZIP
28557 Country
USA Phone No.
252 - 241 - 2185 ext. FAX No.
252 - 247- 5110
Street Address (it different from above) City State ZIP
Email
2. Agent(Contractor Information
Business Name
Bogue Banks Marine Construction, Inc.
Agent/ Contractor 1: First Name MI Last Name
Kimberly L O'Hara
Agent/ Contractor 2: First Name MI Last Name
Derek S Smith
Mailing Address PO Box City State
111-D Turner's Dairy Rd Morehead City NC
ZIP Phone No. 1 Phone No. 2
28557 252 -247 - 4428 ext. 252 - 725 - 3221 ext.
FAX No. Contractor #
252 247 4427 NC 65969
Street Address (if different from above) City State ZIP
Email .>
[e-mail]
<Form continues on back>

Farm DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
CARTERET 501 Evans St
Subdivision Name City State Zip
M
orehead City NC 28557-
Phone No. Lot No. (s) (if many, attach additional page with list)
252 - 241 - 2185 ext. , , ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Newport Bogue Sound
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ?Manmade ?Unknown Bogue Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ?No work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
180 ft 4000 sq ft
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
n/a, NWL (normal water level)
(if many lot sizes, please attach additional page with a list) 6 ft ®NHW or ?NWL
e. Vegetation on tract
n/a
f. Man-made features and uses now on tract
Sanitary Restaurant
g. Identify and describe the existing land uses a 'acent to the proposed project site.
commercial
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
commercial (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
<Form continues on next page>

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ?Yes ®No
(ii) Are there coastal wetlands on the site? ?Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
city water/sewer
o. Describe existing drinking water supply source.
city water
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ?Public/Govemment
[]Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Day dock for Sanitary restaurant patrons
c. Describe the proposed construction methodology, types of construction equipment to be used during constructiort, the number of each type
of equipment and where it is to be stored. We w , i i 1p4 L& 'kk, ? ` -P
:w
tci J„, l? tw I-ra'f .? d Ma k.vi?t5 +.i? I! b? 5 rc?( d?'? s +" 1?'Vj+,`jitl UsC c.ravt.r
( at?ti? c'µ SeE G? c YJ-N 41.E "? 4 s'[?vYt ?i Lf? /(?? {? ? ?i {deaf b el "47-t e Kce7 V f u`Y w
hjAviu?? ?lern.l?ct' ?`?? l°i ?i? , ?CcCas? Tloarf7rtt? ?aG?.
d. List all development activities you propose.
floating day dock 10 ; ?-k S
e. Are the proposed activities maintenance of an existing project, new work, or both? new work
f. What is the approximate total disturbed land area resulting from the proposed project? n/a ?Sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
n/a
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back> ?)r

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any mgjor development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENft.
f. 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.
Name Camp Sea Gull (clo Mike Askew)I Phone No. 252-671-6117
Address 218 Sea Gull Landing, Arapahoe, NC 28510
Name Jeff McCann (Jack's Waterfront Bar) Phone No. 252-422-8854
Address 513 Evans St, Morehead City, NC 28557
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates.
CAM* GP I 12-11110 P ECG' 10
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. 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 the conditions and restrictions contained in the permit.
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.
Date 0420-2011 Print Nar96 ,_Kimbedy O'Hara
Signature
Please indicate application attachments pertaining to your Oroposed project.
?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
?DCM MP-3 Upland Development..
®DCM MP-4 Structures Information
a ?fj
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
?Yes ®No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
[]CW ?SAV ?SB
?WL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
[]Commercial ?Public[Govemment []Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a• Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ED This section not applicable
a. Is the structure(s):
[]Commercial ?Public/Govemment []Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
a. Proximity of structure(s) to adjacent riparian property lines
within the 15 ft setback
b. Proximity of structure(s) to adjacent docking facilities.
5 ft
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
400 ft
d. Water depth at waterward end of structure at NLW or NWL
15 ft NLW
e. (i) Will navigational aids be required as a result of the project?
0Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented.
8. OTHER This section not applicable
a. Give complete description:
4•ao-II
Date
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