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HomeMy WebLinkAbout20231497 Ver 1_CAMA Application_20231106DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION APPLICANT'S NAME: S. Water St.. LLC. c/o Debbie Wilson 2. LOCATION OF PROJECT SITE: 128 S. Water St., Wilmington NC 28401, adjacent to the Cape Fear River, New Hanover County. Latitude: 34013'58.63" N Longitude: 77056'58.10" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/06/2023 Was Applicant Present— No 5. PROCESSING PROCEDURE:Office —Wilmington Application Received 10/23/2023 DWR WQC Pre -filing date: 09/05/2023 Application Complete 10/30/2023 Day 30 for WQC Pre -filing no concurrence 10/05/2023 1.1 7 SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington/ New Hanover Land Classification From LUP — Conservation/Developed (B) AEC(s) Involved: EW - Estuarine Shoreline has Urban Waterfront Designation Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing —Municipal Planned — Municipal (F) Type of Structures: Existing — restaurant and bar, covered deck, open deck, city riverwalk, floating dock, and bulkhead Planned — enclose existing covered deck, located below Normal High Water (NHW), using 8 polyvinyl panels. Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open water) 1,602 sq.ft. (enclosing previously accounted for platform shading) (C) Other —High Ground (D) Total Area Disturbed: 1,602 sq.ft.(-0.04 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: Closed 8. PROJECT SUMMARY: The applicant proposes to enclose an existing covered deck below NHW with polyvinyl panels. The proposal is in conflict with a Condition of State Permit No. 149-98 that states that "the roofed portion of the wooden deck shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice, or solid walls". 128 S. Water St., S. Water St., LLC. Page Two 9. PROJECT DESCRIPTION The project site is located at 128 S. Water. St., Wilmington, adjacent to the Cape Fear River, New Hanover County. According to the application, the riparian parcel located at 128 S. Water Street has a maximum elevation of approximately 7' above normal high water (NHW) and is approximately 6,144 sq.ft. (0.14 acres). The lot has a restaurant and bar, open and covered decks, city riverwalk, and floating dock. The adjacent riparian parcel north has a parking lot, the city riverwalk, and a floating dock. The adjacent riparian parcel to the south is Claude -Howell Park. The project site has approximately 99' of shoreline frontage, currently stabilized by a bulkhead. The existing covered deck is located waterward of the restaurant and is used as an outdoor dining area. The covered deck is located below the NHW line and is approximately 89' long x 18' wide. The existing restaurant, open deck, covered deck, floating dock and bulkhead were authorized under State Permit No. 148-98. State Permit No. 148-98 was originally issued on November 20, 1998 to the City of Wilmington and only included the floating dock and city riverwalk. A Major Modification was issued on September 12, 2002 that included the construction of a two story building with a non -water dependent partially covered deck. State Permit No. 149-98 expired on December 31, 2007. There is an operational Condition (3) of State Permit No. 148-98 which states that "the roofed portion of the non - water dependent wooden deck shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice, or solid walls". The Division of Coastal Management and the City of Wilmington received a complaint in January of 2023 that the current property owners (the applicant) had installed panels on the existing covered deck creating an enclosed deck which is located below NHW. DCM required the panels to be removed and the applicants are now applying to permanently enclose the deck (see Sheets 4-6 of 6). The Wilmington -New Hanover County Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Commercial. This area has historically been designated as Urban Waterfront. The adjacent waters of the Cape Fear River in the project area are classified SC by the Division of Water Resources and this area IS designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Note: This area has historically been designated as Urban Waterfront. PROPOSED PROJECT The applicant proposes to enclose an existing covered deck below NHW with panels for polyvinyl panels. The proposal is in conflict with a Condition of State Permit No. 149-98 that states that "the roofed portion of the wooden deck shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice, or solid walls". The applicant proposes to enclose the existing covered deck using eight (8) removable polyvinyl panels The existing deck measures approximately 89' long x 18' wide and has three (3) open sides that are being proposed to be permanently enclosed. Based on current site conditions, the entire covered deck is located below the NHW line and extends approximately 26.5' below NHW. (see Sheets 2a and 2b of 6). The approximate sizes of the proposed removable panels are as follows: 5.1' x 7.6' (1), 6.6' x 7.6' (1), 13.8' x 7.6' (2), 6.7' x 7.6' (1), 14.5' x 7.6' (1), and 14.4' x 7.6' (2) (see Sheet 6 of 6). The proposal is in conflict with Conditions of the original permit authorizing the non - water dependent overwater deck. 128 S. Water St., S. Water St., LLC. Page Three 10. ANTICIPATED IMPACTS The proposed removable panels would not create any additional shading or additional incorporation within the existing footprint of the covered deck, which is located completely over public trust waters. The proposed panels would not encroach into either adjacent 15' riparian corridor setback and would not encroach into the USACE federal channel setback. Under the use standards for Urban Waterfronts under 15A NCAC 07H.0209(g), the regulations for non -water dependent structures over open water are limited to pile -supported, single -story, unenclosed decks and boardwalks. Submitted by: Kelsey Beachman Date: November 3, 2023 Office: Wilmington Narrative As acting agent for S Water St., LLC, c/o Edson Munekata who owns The George on the Riverwalk, located at 128 S. Water St., Wilmington, NC in New Hanover County, adjacent to the Cape Fear River, I am submitting the enclosed CAMA Major Permit application to install eight (8) removable polyvinyl panels on the 3 open sides of the existing covered dining area. The dimensions of the individual panels are as follows: • 1@61"x91%" • 1 @79%"x91%" • 1 @ 166" x 91 15/16" 1 @ 161'/i" x 91 15/16" • 1@80%4"x91%" • 1 @ 174'h" x 91 15/16" • I @ 173" x 91 15/16" • I @ 173" x 91 15/16" These removable panels will provide for a more enjoyable dining experience for patrons during times of inclement weather conditions. The existing restaurant was constructed by the previous owner in 2003 and Mr. Munekata bought the property on 12/29/21. Mr. Munekata states that at the time of purchase, the covered dining area had existing clear vinyl rollup windows along the 3 open sides of the covered dining area. Mr. Munekata decided to replace the rollup vinyl with these more aesthetically pleasing polyvinyl panels unaware of the CAMA Regulations and condition on the previous CAMA Major Permit # 149-98 which was issued to The City of Wilmington on 11/20/98 and expired on 12/31/03 prohibiting the enclosure of the covered deck by partitions, plastic sheeting, screening, netting, lattice, or solid walls and had the panels installed. He was later notified by The City and or Coastal Management of these regulations and had the panels removed. He is now requesting authorization to replace the panels and understands that a Variance by the CRC would be required in order to do so. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please feel free to contact me if you need any additional information or have any questions. RFC_:FIVED OCT 2 3 2023 OCUI WILMINGTON. NC IucM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name S Water St., LLC Project Name (if applicable) The George on the Riverwalk Applicant 1: First Name Edson MI Last Name Munekata Applicant2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 901 W. 4th Street PO Box I city Winston-Salem State NC ZIP 27101 Country USA Phone No. 803 - 394 - 9493 ext. FAX No. Street Address (if different from above) City State ZIP Email edson cowbo brailiansteakhouse.com 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name Debbie MI Last Name Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City W Irri ton State NC ZIP 28408 Phone No. 1 910-612 -0402 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email debbiew75@charter.net <Form continues on back> DCM WILMINGTON, NC :: in a nt. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (ran be multiple) Street Address State Rd. # New Hanover 128 S. Water Street N/A Subdivision Name City State Zip N/A Wilmin ton NC 28401 Phone No. Lot No.(s) (if many, attach additional page with list) 803-394 - 9493 ext. Tract B a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River 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 Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed NYes ❑No work falls within. Wilmington - New Hanover Count 4- Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 99, 6,144 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.17 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 7' ®NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on tract Restaurant, open and covered decks, boardwalk, bulkhead and floating dock. g. Identify and describe the existing land uses adjacent to the proposed project site. Commercial. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) CBD - Central Business District ®Yes [--]No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes []No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. 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> OCT 2 3 2023 ILMINGTON. NG 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. Descdbe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. Existing infiltration basin permitted by State Stormwater Permit #SW8 020422 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial restaurant. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The panels just pop into the existing frames. d. List all development activities you propose. Install removable polyvinyl panels around the existing covered deck used for seated dining. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres No disturbance is proposed however, the area to be enclosed is 1,602 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. Descdbe location and type of existing and proposed discharges to waters of the state. None 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. �RPCF VEti <Form continues on back> OCT 2 3 2023 ®6PM1yy(�knlNrTON, NC 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 major development application. Please consult the application instruction booklet on how to properly 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 DENR. 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 Carl Marshburn, III Phone No. Address 101 S. Water Street, Unit 101, Wilmington, NC 28401 Name City of Wilmington c/o Tony Caudle, City Manager Phone No. Address P. O. Box 1810, Wilmington, NC 28402-1810 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #149-98 issued to The City of Wilmington on 11/20/98 CAMA Major Permit #149-98 (Major Mod) issued to The City of Wilmington on 9/12/02 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. 1 7. Certification and Permission to Enter on Land I 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 9/29/23 Print Name Debbie Wilson, Agent Signature 4_7 . S46 (iVde-e/Z Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED OCT 2 3 2023 DCM WILMINGTON, NC 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 that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Public/Government ❑Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes ❑No (it) Number If yes: (iii) Length (ii) Number (iv) Width (iii) Length (v) Floating ❑Yes ❑No (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ❑Yes [--]No f. (i) Are Boatlifts included? []Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: _ m. (i) Will the facility have tie pilings? ❑Yes []No Ili) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ❑Yes ❑No RECEIVE OCT 2 3 2023 DCM WILMINGTON. NC ., [, ��'�.. t:e J-at r.tti�ccsa; c. °.rac.-<�f •7} 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: b. ❑ Showers ❑ Boatholding tank pumpout; Give type and location: Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. i. Give the number of channel markers and "No Wake" signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin Flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? OCT 2 3 2023 alll MINGTOU ��" EPM1 in. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes El 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 OWL ❑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 stmcture(s): ❑Commercial ❑Public/Government ❑Private/Community III) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z 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 c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Average distance from NHW, NWL, or wetlands ®This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCl 2 f 10Z3 pCM WILMINGTON. NG . .., :.n ti e > L I 0 6if;s .,h. {�-ce eec:., re _, Pat C . �!r ?j 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 10' to the north & 0' to the south Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 626' e. (i) Will navigational aids be required as a result of the project? ❑Yes [:]No ®NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 30' to the north & 82' to the south d. Water depth at watenvard end of structure a NLW r NWL 1' 8. OTHER ❑This section not applicable a. Give complete description: Install 8 removable polyvinyl panels on 3 sides of existing covered dining deck: 61 " x 91 5/8" 1 (a) 79 1 /2" x 91 5/8" 1 A 166" x 91 15/16" 1 CCD_ 161 1 /2" x 91 15/16" 1 A 80 1/4" x 91 5/8" 1 A 174 1/2" x 91 15/16" 1 A 173" x 91 15/16" 1 A 173" x 91 15/16" 9129/23 Date The George on the Riverwalk Project Name Edson Munekata / Debbie Wilson, Agent Applicant Name T e66�e &)deerr, Applicant Signature OCT 2:1 202' DCM WILMINGTO�-! NC' Subject: The George on the Riverwalk - 128 S. Water Street, Wilmington Date: Tue, Sep 05 2023 07:24 PM From: debbiew75@charter.net<debbiew75@charter net> '�7 To: 401 PreFile@ncdenr.gov Agent Name: Debbie Wilson Owner's Name: S Water St., LLC c/o Edson Munekata Project Name: The George on the Riverwalk Project Address: 128 S. Water Street, Wilmington, NC 28401, New Hanover County. The applicant proposes to install screened panels around the existing covered deck which is located waterward of NHW adjacent to the Cape Fear River. RE�CClVED OCT 2 3 2023 L)CM WILIIMINGTON NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director S. Water St., LLC. c/o Debbie Wilson, Agent PO Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality November 3, 2023 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for S. Water St., LLC., for State approval for development of the subject property located at 128 S. Water St., Wilmington, adjacent to the Cape Fear River, New Hanover County. It was received as complete on October 30, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 13, 2023. 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. If this agency does not render a permit decision within 70 days from January 13, 2023, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sin ere/ , Kelsey lBehr Field Representative cc: Cameron Luck, DCM S. Water St., LLC., Applicant USACE Holley Snider, DWR Christine Bouffard, LPO Kathryn Thurston, City of Wilmington D North Carolina Department of Environmental Quality I Division of Coastal Management !® Wilmington Office 1127 Cardinal Drive Extension I VVilmington, North Carolina 28405 M1MtN CA4.JNF v"a,n�, a.*.�snimmy 910.796.7275 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 9, 2023 StarNewsLegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality • S. Water Street, LLC Hello: Please publish the attached Notice in the Thursday, November 9, 2023 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. ()incerely, cc: MHC Files Cameron Luck — MHC USACE Support & Customer Assistance o.wr+arw.rumy� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On November 3, 2023, S. Water Street, LLCproposed to enclose an existing covered deck below NHW with polyvinyl panels. The proposal is in conflict with a Condition of State Permit No. 149-98 stating that "the roofed portion of the wooden deck shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice or solid walls"at 128 S. Water St. adjacent to the Cape Fear River, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Kelsey Beachman N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 30, 2023 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. D_E Q'. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 o.vN��cuc�n4 +�.�anAd...mm.un 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: S Water St. LLC - Edson Munekata Mailing Address: Phone Number: Email Address: I certify that I have authorized 901 W. 4th Street Winston-Salem, NC 27101 _(803)394-9493 edson().cowbovbrailiansteakhouse.com Debbie to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: The George on Riverwalk at my property located at 128 S. Water Street: Wilmington, NC 28401 , in New Hanover County. 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Edson Munekata Print or Type Name Secretary RECEIVEb Title OCT 2 3 2023 08 1 21 12023 Date DCM WILMINGTON. NC This certification is valid through 12 / 31 / 2023 ■ Complete items 1, 2, and 3. /f _(/J� ❑ Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B.by (Print ame) o. Date of Delive% jeceived ■ Attach this card to the back of the mailpiece, �tt e U /0 �o or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑ Yes ' If YES, enter delivery address below: ❑ No Tony Caudle, City Manager RECEIVED - City of Wilmington P.O. Box 1810 OCT 2 3 2023 Wilmington, NC 28402-1810 3. Service TDC WILMING ifyNGF-Prasse IIIIIIIII I'llI'llllll IIIIII'lllllllllll III I'll 0 Adult Signature El Registered r e rRestricted Delivery ❑RD4ryrd Mail Adult Signature 9590 9402 6986 1225 0022 76 ❑rtMail ❑ Dined Mail Restricted Delivery ❑ Signature confirmation- ed ❑ signature ConOrmation 2. Article Number (Transfer from service labep ❑ collect on Delivery ❑ Collect on Delivery Restricted Delivery Restricted Delivery 7020 3160 OD02 2779 9317 ❑ Insured Mall O(overdMail Resrcted Delivery P:o Form 38 i 1, Jul) 2020 Pied 75n --:Oil 5013WON .z;�:.wW,'r+y�•igd+e Sx` a '3^J l.:r? N r,�•*'L - �I . - ■ Complete items 1, 2, arid 3. A• . ■ Print your name and address on the reverse'i ❑ Agent so that we can return the card to you. r --� - + ❑ Addressee ■ Attach this card to the back of the mailpiece, •.Fi✓?ceiby a C. Da a of pelivery or on the front if space permits. urn jo 23 1. Article Addressed to: '. ,q eliv96jDatltli m item 1 ❑ Yes 1 S,aaier d s below: ❑ No Carl Marshburn, III 101 S. Water Street O Z, Unit 101? VED Wilmington, NC 28401 3. ServlceTypt CT 2 3 2023 ❑ Adult Signatur4J IIIIIIIIIillllllllllllilillllllllllllillllllll DRegstered Mei�"® ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted 9590 9402 6986 1225 0022 83 ❑ canned Made Delivery ❑ Cer in�n McJ'I R doted Daiive ❑ Si9natu a confirmation- '{•LMIN ❑Do] ell TOFiI.16-ture confrmation ❑ Collect on Delivery Restricted Delivery estncted Delivery 2. Article Number (Transfer from service labeq 7020 316D 0002 2779 9324 ❑ insured Mail D Insured MZ Restricted Delivery _ (over$500) r Cgmesti:.Re!:.:.. R":qn,. D N W N O N n G Q- (� - N O - SU O o <-- Cape Fear River—> v Q cn H31VM x c a 3 o z z C7 A 2 n Y G 2 i1 i3 2 /'l OrA z N NCD OD (D CD -03 w �wCD(0 �m _ *O � o0D)f� m w N O o TJ f O) W- ((D (D m (D (n 7 o �m Za M k CD 3 Ste_ .c. —qQ2(D (D o< �yD1SVH COm 3 �m o O (D n C :,� •' 7 CD x Oa£ O 3 a 0 C a N Harbor Line W City of Wilmington NL 200 S. Water St. Wilmington, NC NHW 8.5' Existing Platform 11' Proposed Alignment of Panels Existing & Proposed Structures Cape Fear River Existing Ramp I Existing Floating Dock <— City of Wilmington Riverwalk —> 97' Existing Open Deck Existing Covered Deck Existing Restaurant IM The George on the Riverwalk 128 S. Water Street Wilmington, NC 28401 T Proposed Alignment of Panels The George on the Riverwalk 128 S. Water Street Wilmington, New Hanover Co. Drawn By: Debbie Wilson 9/29/23 Scale: 1" = 10' Sheet 2a of 6 A L = Existing Roof Line = Proposed Alignment Of Panels LW Carl Marshburn 122 S. Water St. Wilmington, NC NHW RECEIVED OCT .20 °J'23 0CM WILMINGTON. NO co 0 0 \ J 3 \ §��\ — �- §CM 7 f «- / CO w O (n cn U) m 0 O Z3 z m 0 m G im 0 F r O O CD 1 3 OG crq CD Vf O O 3 C .+ rt S S (p d ;o V) < O W fD 3.�n n G O O ^ a O M OC m n O p M D Z 3 fD a D s ? 2 (D m �a m < � O N 3 n � 0 \ \ \ 7 !,K Y �Y ,- v � o � m � n m w � z S S \ C N pp N ? N CID N O o CD y s O fD 0 z rt = O K Z Q c N S ry m �o fD v oz / 2 G § S / 7 m � � / / _ _ E / / \ o / © m m f % o / N fD G W N MCIG1 N pap C C O r- iri N 0 Z Vf 3 ry .r zc' ...�� �.. g x Ln fCD N :; tD 77 Z O i O v Z O F Pcrmit,Class MODIFICATION/MAJOR Permit Number STATE OF NORTH CAROLINA 149-98 Department of Environment and Natural Resources and — Coastal Resources Commission I Vermit I�, nr'r 5 zrrz for X Major Development in an Area of EnvironrmtA1 cern I i. pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to City of Wilmington, PO Box NC 28402 Authorizing develops.tent in New Hanover County at Wilmington 2-5 dated 4/1 Cape Fear River South Water Street as requested in the permittee's application dated 4/10/02 incl. attached 6 dated 4/9/02 and This permit, issued on September 12 2002 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void. George K. Coffin Property This major modification authorizes the construction of a two-story building with a partially covered deck and floating ,Jock at 128 South Water Street in downtown Wilmington. The authorized work is being undertaken in association with the City of Wilmington's Riverwalk urban waterfront redevelopment project. Building Construction 2) The authorized two story building'shall be entirely constructed landward of the mean high water line. (See attached sheets for Additional Conditions) LU16 permit action may be appealed by the permiffee 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 Division approval. 1 work must cease when the permit expires on December 31, 2003 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Don Moffitt, Director Division of Coastal Management RECEIVEti This permit and its conditions are hereby accepted, OCT 3 0 2023 In issuing this permit, the State of North Carolina agrees DCM WILMINGTO , NC that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittce City of Wilmington ADDITIONAL CONDITIONS Non -Water Dependent Deck Construction Permit #149-98 Page 2 of 3 3) The roofed portion of the wooden deck shall not be enclosed by partions, plastic sheeting, screening, netting, lattice or solid walls. 4) In keeping with 15A NCAC 07H.0209(h)(4)(B)(iii)(II), which requires that non -water dependent structures built over the water be limited to a single story, the non -water dependent balcony and associated railing are hereby deleted from the authorized project. 5) The wooden deck shall not extend more than 20 feet waterward from the mean high waterli' 6) All portions of the deck shall be pile -supported. j Stormwater Management N 1C5j 7) An approved Stonnwater Management Plan will be required for this 166)ect:' 'Stormwater Management Plan approval must be obtained from the N.C. Division of Water Quality, and a copy of this approval provided to the Division of Coastal Management, prior to the initiation of any highground development authorized by this permit. Sedimentation and Erosion Control 8) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 9) Appropriate redimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Cultural Resource Protection 1.1) In order to document the presence of potentially historic artifacts at the project site, the existing pilings must be mapped and recoded prior to their removal. Upon completion of the documentation efforts, copies of all such documentation must be submitted to the Division of Coastal ManagemerR RIYE D State Historic Preservation Office. 12) Prior to the initiation of any construction activities on the two-story building, approval must be recOeivec from the State Historic Preservation Office that the proposed architectural design of W th mlWyo' JC not adversely impact the VJilmingten Historic District. A copy of this approval must also be submitted to the Division of Coastal Management. City of Wilmington ADDITIONAL CONDITIONS General Permit #149-98 Page 3 of 3 13) No permanent structures will be placed channelward of the Harbor Line. The floating dock must be fastened to piles in a manner that facilitates easy removal. The floating dock cannot be a permanent structure. 14) Unless appropriate waivers are received from the two adjacent riparian property owner, and copies of the waivers provided to the Division of Coastal Management, the wooden deck, dock and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 15) Public access between the Riverwalk and South Water Street must not be impeded during normal business hours. 16) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required, including but not limited to any necessary permits from the U.S. Army Corps of Engineers or the N.C. Division of Water Quality. 17) No vegetated wetlands or open water areas may be excavated or filled, even temporarily. 18) This minor modification must be attached to the original of Permit No. 149-98, which was issued on 11/20/98, as well as all subsequent modifications and refinements and renewals, and all documents must be readily available on site when a Division representative inspects the project for compliance. 19) All conditions and stipulations of the active permit remaining force under this modification unless altered herein. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 02- 0891. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. 199900059. CGfi; PWEIVED OCT 3 0 2023 DCM WILMINGTON, Book 6525 Page 2827 BK: RB 6525 PG: 2827 - 2830 NO FEE S26.00 2021061153 RECORDED. NEW HANOVER COUNTY, 1212912021 REAL ESTATE 02:38:27 PM TAMMY THEUSCH PIVER REGISTER OF DEEDS EXTX 35000. 00 BY. ANGELA ENGLISH DEPUTY ELECTRONICALLY RECORDED 7FCFIVFC Prepared by: Nancy M. Guyton, Attorney 0 C T 2 3 2023 Law Firm Carolinas 219 Racine Drive, Suite DCM WILMINGTON: NC Wilmington, NC 28403 Excise Tax: $ 5,000.00 TAX PARCEL No: R05308-006-001-000; R05308-005-005-000 The property conveyed herein is not the primary residence of Grantor. Brief description for the index: Tract A and Tract B Map Book 49, Page 138 I NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made December 29, 2021, by and between Riverwalk Partners, LLC, whose mailing address is 212 S. Water St. Unit 1N, Wilmington, NC 28401, herein, whether one or more, called GRANTORS, and S. Water St. LLC, whose mailing address is 901 W. 4th St., Winston-Salem, NC 27101, herein, whether one or more, called GRANTEES. WITNESSETHTHAT: THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described in Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantors by instrument recorded in Book 3768, Page 133, of the New Hanover County Registry. Submitted electronically by "Black, slaughter & Black, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Hook 6525 Page 2828 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 GRANTORS, for themselves, their heirs, successors and assigns, do covenant to and with the said GRANTEES, their heirs, successors, and assigns, that GRANTORS are seized in fee of the above granted and described property, that GRANTORS have 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, and that GRANTORS will and their heirs, successors, and assigns will warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. All easements, rights of way and restrictions of record. 2. All governmental land use statutes, ordinances or regulations, including, zoning, building and subdivision regulations. 3. Ad valorem taxes for current and subsequent years. IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands and seals as of the day and year first above written. RIVERWALK PARTNERS, LLC RECRva") OCT 2 .� zr� By: �—,.� L . i �l z9l t; (SEAL) George K. Coffin, ember/Manager DCM 1NILMINGTON, NC Hook 6525 Page 2829 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein and in the capacity indicated: George K. Coffin, Member/Manager of Riverwalk Partners, LLC. Date: December 29, 2021 (OFFICIAL SEAL) ���G�11M I GUl " - NOTAR'y y% � k PIJ3L1 ti'NOVE R` C"? `?ECFIVF.E'7 OCT 2 3 2023 DCM WILMINGTON, NC Hook 6525 Page 2830 EXHIBIT A Legal Description BEING all of that certain real property located in New Hanover County, North Carolina and being more particularly described as follows: BEING all of that real property designated as Tract A and Tract B on that plat entitled "Composite Map of Riverwalk Partners, LLC Site" and dated October 5, 2004, by Arnold W. Carson, PLS PC, recorded in Map Book 49, Page 138, of the New Hanover County Registry; and also being known as tax parcel nos. R05308-005-005-000 (Tract B) and R05308-006-001-000. Property Address: Tract A — 129 S. Water Street, Wilmington, NC 28401 Tract B — 128 S. Water Street, Wilmington, NC 28401 OCT 2 1 2023 DCM WILMINGTON, NC Beachman, Kelsey From: Beachman, Kelsey Sent: Friday, October 27, 2023 12:06 PM To: debbiew75@charter.net Subject: ADDITIONAL INFORMATION REQUESTED - 10-27-2023 - The George Good afternoon Debbie, DCM received your CAMA Major Application request for proposed polyvinyl panels to be installed to an existing deck at The George restaurant on 10-23-2023. In reviewing your application, we have discovered that additional information is needed for a complete application. Please reply to this email once you have corrected the application materials for the requested information. Workplan Drawings • Please provide a to -scale cross-section drawing of the existing deck and proposed panels that depicts the location of the NHW line • On the top -view drawing of the existing site conditions, please identify and label the Proposed Enclosure of the Existing Covered Deck Other Please provide a copy of the previous CAMA Major Permit You have submitted a $250 check for the application fee, however, the required fee amount for the proposed work is $400.00. This is due to the fact that the proposed development is for commercial purposes. Please submit a new check for the $400 application fee and let me know whether you would like me to shred the existing check or if you would like to pick it up from the office. Please let me know if you have any additional questions. Thank you, Kelsey B. Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910) 796-7270 NEW EMAIL: kelsev.beachman@dea.nc.eov 127 Cardinal Drive Ext. Wilmington, NC 28405 Find a Field ReD (arcais.com) D_ Q> Email correspondence to and from this address is sbbjed to the North Catalina Rubric RecvNs Law and may be disclosed to Mot parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 3, 2023 MEMORANDUM: �fQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucK( NCDENR.gov SUBJECT: CAMA Applicant: S Water Street, LLC Project Location: 128 South Water St., adj. to the Cape Fear River, Wilmington, New Hanover County. Proposed Project: The applicant proposes to enclose an existing covered deck below NHW with polyvinyl panels. The proposal is in conflict with a Condition of State Permit No. 149-98 that states that "the roofed portion of the wooden deck shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice, or solid walls". Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 30, 2023. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME AGENCY SIGNATURE DATE D EQ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - Wpae em of en,imn W Quail /`� 910.796.7215 Major Permit Fee Schedule Project Name: 1Z�5 S. v30-itex st • l C f.11n+- Pr "4-.. / 1 C County: N 'OVe'C- Check No & Amount: 7_003 ISO. ao -4:77,0 4Z.s0• Oo DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $ 0 100% ($400) 0% ($0) of any wetlands or open water areas: III. 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). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: _ III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: