20052073 Ver 1_Complete File_20051116

OF WATER
? r
O 'C
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
December 16, 2005
Harbor View Restaurant, Inc.
c/o Mr. Scott Patton 9@NVA n
818 Carolina Beach Ave N o ?J
Carolina Beach, NC 28428
pU" 2 9 2005
Subject: General 401 Water Quality Certification #3490 IDENN, WATER QUA L11"
H
Harbor View at Arcadius ?NOSMOSTOW ATFRBRAt?
DWQ Project # 052073
New Hanover County
Dear Mr. Patton:
The Wilmington Regional Office received your application for a CAMA Major Permit to
redevelop waterfront property at 313 Canal Drive in Carolina Beach, New Hanover County. You
are authorized to fill 40 square feet of open water for the purpose of constructing a new bulkhead
and maintenance dredge 2,162 square feet of open water for the purpose of providing boat access
under General Water Quality Certification (WQC) # 3490 (attached). This Certification allows
you to use your CAMA Major Permit when the Division of Coastal Management issues it.
Written concurrence from DWQ is not required provided that you can meet all of the
conditions of this certification.
Please read the enclosed Certification, if at anytime during construction of your
project you determine that you cannot meet these conditions or if there are any unpermitted
impacts to wetlands or water quality, you must contact this office immediately.
If you have any questions concerning this matter, please do not hesitate to call me at
(910)-796-7215.
Sincerely,
Noelle Lutheran
Environmental Specialist III
Attachments: WQC #3490
cc: Ian McMillan - 401 Oversight Unit
Henry Wicker - US Army Corps of Engineers T H I S I E3 N" T
Rob Mairs -DCM Wilmington "AMA P"ERMIT
Doug Huggett - DCM Morehead City
WiRO
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorCllCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
'Mahmilly
WQC #3490
A"'T
CAMA PERMIT 401 WATER QUALITY CERTIFICATION AND WRITTEN 1 I I J$A1N
QUALITY CONCURRENCE FOR SPECIFIED BOAT RAMPU XI E
'XS PIERS, MAINTENANCE DREDGING, UTILITY LINES AND L N ME
0 K M
F's 01T
GENERAL 401 WATER QUALITY CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS
OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification and written concurrence is issued in conformity with requirement of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B
.0200 for the discharge of fill material as described in General Permit 198000291 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Water Quality Certification Number 3351 issued on March 18, 2002. This Water Quality
Certification (WQC) is rescinded when the Corps of Engineers re-authorizes Regional General
Permit 0291 or when deemed appropriate by the Director of the Division of Water Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
Activities covered by this General Certification do not require written concurrence
from the Division of Water Quality as long as they comply with all conditions of
this General Certification, the CAMA Permit and General Permit 198000291. If any
condition in this Certification cannot be met, then the applicant is required to
submit an application and receive written concurrence from DWQ prior to beginning
work;
2. The following activities do not require written concurrence and do not require
payment of the 401 Water Quality Certification fee -
• Boat Ramps and associated access (i.e., roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands may not
exceed 100 square feet and except when associated with new marinas,
subdivisions and commercial development);
• Shoreline protection measures that tie into existing bulkheads, land or other
shoreline protection measures or do not extend waterward of the water line more
than 10 feet, provided that the activity will not involve the excavation or filling of
any SAV or shellfish resources and impacts less than 500 square feet of
vegetated wetlands or less than 100 square feet of coastal wetlands;
• Piers and docks designed to accommodate fewer than 10 vessels and the water
depth is greater than three feet;
• Maintenance dredging of less than 0.5 acres of water or non-vegetated wetlands
provided that the applicant can provide written documentation showing the
historic dimensions of the dredged channel, and no Submerged Aquatic
Vegetation or shellfish beds are excavated or filled;
• Projects that only involve shading of waters or wetlands;
• Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as wetland or water impacts are temporary;
• Upland development which involves no more than 1110 of an acre of excavation
or filling of non-coastal wetlands, with the exception that no more than 2,000
square feet of the non-coastal excavation or filling may take place within an Area
I
WQC #3490
of Environmental Concern. For the purposes of this area calculation, the
excavation or filling impacts of boat ramps, bulkheads or other shoreline
stabilization measures must be considered. The applicant must comply with all
applicable coastal stormwater rules;
• Single family home construction that results in fill of 404 wetlands as long as
written concurrence is not required from DWQ for the applicable Corps of
Engineers Nationwide Permit.
3. Activities authorized by Coastal Area Management Act (CAMA) General permits do
not require written concurrence from the Division of Water Quality as long as they
comply with all other conditions of this General Certification;
4. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies by the Division of Coastal
Management;
5. This certification does not eliminate the need to obtain any additional permits,
approvals or authorizations that may be required. Specifically, the permitee shall
contact the North Carolina Division of Water Quality to determine consistency with
the Neuse or Tar-Pamlico Buffer Rules (15A NCAC 26 .0233 and .0259) (or any
other river basins with Buffer Rules in effect at the time of application). Activities
listed as "exempt" from these rules do not need to apply for written concurrence
under this Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0233 and .0259. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to
protect water quality to the maximum extent practicable through the use of best
management practices. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification;
Appropriate sediment and erosion control practices that equal or exceed those
outlined in the most recent edition of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Land Resources in the DENR Regional or Central
Offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTU's in freshwater streams and rivers; 25 NTU's in all saltwater
classes, and all lakes and reservoirs);
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
10. This General Certification is not applicable to a project where the Director of the
Division of Water Quality or the Director of the Division of Coastal Management have
WQC #3490
determined, based on an initial review of the application, that written concurrence is
needed because of concerns related to water quality or aquatic life.
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. If written concurrence is required for this activity, DWQ shall be sent a written
notification within 30 days of completion of the wetland or stream impact or upon
expiration of the 404 Permit or 401 Certification. Such notification shall be sent to the
Central Office of the Division of Water Quality on the form provided with the
Certification, shall be accompanied by a map depicting the work completed, and shall
be signed by the land owner or other responsible party;
13. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and
Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific
conditions for design and construction specified in 15A NCAC 07H .1405.
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written concurrence
to use this Certification regardless of the proposed impact amount to streams,
wetlands, and waters.
15. When written concurrence is'required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.

WQC #3490
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparianareas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion
controldevices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3490
4
NCDENR
North Carolina Department of Environment and Natural Resources /
Division of Coastal Management
il.l:rhael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary
November 14, 2005
1IE`IORANDUII:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Linda Lewis
and
Noelle Lutheran
Division of Water Quality
Doug Huggett, Major Permits Coordinator
CAMA, & Dredge and Fill Permit Application Review
Harbor View Restaurant, Inc., c/o Scott Patton
313 Canal Drive, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound,
in the Tovim of Carolina Beach, New Hanover County.
Proposed Project: Applicant proposes to expand an existing condemned waterfront restaurant building
into a six-story miffed use building with a new bulkhead, restaurant, commercial
retail units, private condominium units, parking lot, floating dock, finger pier, and
maintenance dredging.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 7, 2005. If you have any questions regarding the proposed project, please contact Robb
lairs at [phone], when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the projec as proposed.
C .tc rr l , &Jc:C- 'r_3`t eiG r fl?c7 -)
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.
4? i
SIGNED
127 4n al EXt IVilminntnn lorthWEa 28405L-38
Phone: [phone] \ FAX: [phone] \ Intemet: www.nccoastalmanagement.net
An Equal Cpportunity 1 Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
401 projects
Subject: 401 projects
From: Patricia Collins <[e-mail]>
Date: Tue, 20 Dec 2005 08:58:41 -0500
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>
The following projects have been issued a 401 permit:
Camp Lejeune/Bldg 670 Water Main Replacement, DWQ#: 2005 1937, Onslow County
Jarrett Bay-Lot 3, DWQ#: 2005 2096, Carteret County
Harbor View at Arcadius/Scott Patton, DWQ#: 2005 2073, New Hanover County
Pireway BAA/NC Wildlife Resources, DWQ#: 2005 2156, Brunswick County
Thanks
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
I of 1 12/20/2005 9:01 AM
F_ - - .
'D S-zo1 ?)

ti
6 P°
Richard B. Hamilton, Executive Director
yyEilAtdD? M1D SrtC)FtMWAt??c e(?4 ?0 North Carolina Wildlife Resources Commission 0
MEMORANDUM ?-
To: Henry Wicker l
USACE NoV 0 200
P. O. Box 1890
Wilmington, NC 28402-1890 DENK . wATaR Qll '-T" "`

And
Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD AZA?4cgl__
Southeastern Permit Coordinator
127 Cardinal Drive Ext.
Wilmington, NC 28405
Date: November 3, 2005
RE: Harbor View Restaurant, Inc., Action ID #200501205, Carolina Beach, New Hanover
County
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. A site visit was made on
October 24, 2005. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401
and 404 of the Clean Water Act (as amended).
The project is located east in the central business of downtown Carolina Beach, adjacent to the
"Yacht Basin" portion of Myrtle Grove Sound. The site is surrounded by commercial
development. The one-third acre property has an existing building that extends approximately
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
V
1 1. Harbor View 2 November 3, 2005

ten feet over the waters of Myrtle Grove Sound. These waters are not classified as a primary
nursery area. The entire parcel is covered with impervious material.
The applicant proposes to redevelop the parcel by removing the existing structure and
constructing a six-story building consisting of restaurant space and 16 residential condominiums
with parking. Additionally, the development will provide several transient boat slips for use by
the public.
We have the following comments/concerns:
1. The plan will result in the loss of intertidal and shallow subtidal habitat that is
important to fish and wildlife species.
2. It is not likely that the project will have a significant impact on any listed species such
as the East Indian manatee (Trichechus manatus), however, all in-water work should
be confined to the period outside the USFWS moratorium (June through October).
3. To prevent degradation in growth and reproduction of organisms in the estuarine
environment, in-water work should take place outside the period of peak biological
activity (April 1- September 30).
Thank you for the opportunity to review and comment on this application. If you have any
questions or require additional information regarding these comments, please call me at (910)
796-7436.
CC: Joanne Steenhuis, NCDWQ
Jim Gregson, NCDCM
Howard Hall, USFWS
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 200501205
Harbor View Restaurant, Inc.
Post Office Box 486
Carolina Beach, North Carolina 28428
Dear Madam or Sir:
November 15, 2005
?0\J 7 205

Please reference your request for Department of the Army (DA) authorization to
redevelop the condemned Harbor Master Restaurant building into a 6 story mixed use
commercial and residential development (which includes the construction of a bulkhead and
dredging) at 313 Canal Drive, adjacent to the Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County, North Carolina.
After review of your proposal, the United States Fish and Wildlife Services (by letter
dated October 27, 2005); the National Marine Fisheries Service (by E-mail dated November 7,
2005); the North Carolina Wildlife Resources Commission (letter dated November 3, 2005); Dr.
LeRoy Franks (letter dated October 20, 2005) and Barnes Bierck (letter dated November 2,
2005) have recommended revision of your application and plans (copies of the letters are
enclosed). The Corps also has concerns about the shading effects caused by a taller structure on
biota in adjacent waters and the structures potential impacts to navigation.
Protection of navigation is a primary concern of the Federal government. The U.S. Army
Corps of Engineers is charged, through Federal Laws and regulations, with the responsibility of
regulating work in or over navigable waters of the United States and ensuring that such work
does not result in an obstruction to navigation. The District has much experience with the
problems caused by enclosed structures over navigable waters that are either not maintained, or
are damaged by strong winds or storm events. All structures over navigable water are vulnerable
to the elements. Structures constructed with rigid sides present a large vertical surface making
them extremely susceptible to the battering of waves or high winds. Damage to enclosed
structures results in the release of not only wooded and manmade building debris into navigable
waters, but also the contents of those structures (e.g., furnishings, appliances, etc.) This type of
mobile debris presents a long-term hazard to navigation, threatening boating interests for years,
as well as the condition of the waters of the US after a structure fails. Owners of existing
r. structures in navigable waters may request DA authorization to enlarge these structures laterally
or vertically and change the use of the original structure, but the US Army Corps of Engineers
will not authorize the project until all issues (including navigation) are resolved.
Also, on February 6, 1990, the DA and the U.S. Environmental Protection Agency signed
a memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with Clean Water Act Section 404(b)(1) Guidelines. This MOA
provides for first, avoiding impacts to waters and wetlands through the selection of the least
damaging, practical alternative; second, taking appropriate and practical steps to reduce impacts
on waters and wetlands; and finally, compensation for remaining unavoidable impacts to the
extent appropriate and practical. To enable us to process your application, in compliance with
the MOA, we request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites-are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland
losses. Please indicate all that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practicable minimization has
been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of
waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
Once you have you have sufficiently addressed all these issues, and before the US Army
Corps of Engineers can authorize you project, you will need to provide plans (including possibly
a bond or co-applicant) for the structure in the event the permittee goes out of business or if the
structure is damaged by a storm and is required to be removed from navigable waters of the
United States. This measure must be taken to protect navigation interest of the public and the
United States Government.
Our administrative process provides you the opportunity to propose a resolution and/or
rebut any and all objections before a final decision is made. Please review the enclosed letters
and the Corps concerns and provide your response as soon as possible. I would appreciate being
made aware of your intentions, in writing, on or before December 2, 2005.
2
I am responsible for processing your application and available to assist you in
coordinating with the review agencies. If you have any questions you may call meat (910) 251-
4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosures
-Copy Furnished (with enclosures):
Ward and Smith, P.A.
Post Office Box 867
New Bern, North Carolina 28562
Copies Furnished (without enclosures):
Ms. Becky Fox
Wetlands Regulatory Section - Region IV
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
US Fish and Wildlife Service
US Fish and Wildlife Service Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
3
r
©? 2 0 0 5 2 0 7 3
RCDENR
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
November 14, 2005
MEMORANDUM:

TO: Cyndi Karoly; Supervisor INUV 1 6 ZUU5
401 Oversight and Express Permits Unit DENR _ WATER QUALITY
Division of Water Quality-Surface Water ProtectidKXANDs AND sroRMWATER BRANCH
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA & Dredge and Fill Permit Application Review
Applicant: Harbor View Restaurant, Inc., c/o Scott Patton
Project Location: 313 Canal Drive, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound,
in the Town of Carolina Beach, New Hanover County.
Proposed Project: Applicant proposes to expand an existing condemned waterfront restaurant building
into a six-story mixed use building with a new bulkhead, restaurant, commercial
retail units, private condominium units, parking lot, floating dock, finger pier, and
maintenance dredging.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 7, 2005. If you have any questions regarding the proposed project, please contact Robb
Mairs 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 DATE
127 Cardinal rive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Scott Patton (Harbor View at Arcadius)
2. LOCATION OF PROJECT SITE: 313Canal Drive, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove
Sound, in the Town of Carolina Beach, New Hanover Co.
Photo Index - 2000: 21-257, T-U 7 1995: 31-239, T 13-14 1989:4-178-9,P7
State Plane Coordinates - X: 2335394 Y: 106985 GPS - 0-101815A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/18/04, 7/12/05
Was Applicant Present - Yes (and agent)
5. PROCESSING PROCEDURE: Application Received - 9/12/2005, completed 11/3/05
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Carolina Beach
Land Classification From LUP - Commercial
(B) AEC(s) Involved: EW, PTA, ES
Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal sewer
(F) Type of Structures: Existing - Restaurant building (partially over open water, pile supported), parking lot
and decking.
Planned - Bulkhead, six story building with restaurant, retail units, private
condominium units, parking lot, floating dock, finger pier, mooring
pilings and maintenance dredging.
(G) Estimated Annual Rate of Erosion: N/A
Source : N/A
7. HABITAT DESCRIPTION: [AREA]
TlT?rM _rn MY T UT% l1TTTrn
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands (Open water) 2,162 sq. ft 40 sq. ft. 3,492 sq. ft.
bulkhead (incorporated)

(C) Other (Highground) 2,162 sq. ft. 11,048 sq. ft.
(disturbed)
(D) Total Area Disturbed: 18,864 sq. ft. (.43 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant is proposing to expand an existing condemned waterfront restaurant
building into a six-story mixed use building with a new bulkhead, restaurant, commercial retail units, private
condominium units, parking lot, floating dock, finger pier, and maintenance dredging.
Scott Patton (Harbor View at Arcadius)
Page Two
9. PROJECT DESCRIPTION:
The project site is located. at 313 Canal Dr., adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in the Town
of Carolina Beach, in New Hanover County. To locate the property, take Carolina Beach Road (US Highway 421) from
Wilmington to Carolina Beach, approximately 15 miles. Approximately 2.5 miles from Snow's Cut Bridge, take a left on
Carl Winner Ave. until you reach a stop sign at Canal Dr. Take a left and the property of interest will be located on the left,
just north of the municipal docks. The site is the former Harbor Masters Restaurant, which is currently condemned. The
property is approximately .33 acres and is completely covered by impervious surfaces, which include the restaurant
building and associated parking lot. The existing enclosed single story building dimensions are approximately 131' x 41'.
The building extends approximately 10' to 23' over the open waters of the Carolina Beach Yacht Basin. The building is
supported by timber pilings and approximately 50 linear feet of a failing concrete bulkhead, which runs parallel to the
shoreline. Approximately 25 linear feet is located on the northern side of the building and 25 linear feet is located on the
southern side of the building. The section of the building that extends 23' over the open waters of the Carolina Beach
Yacht Basin is an area located in the center of the property where no bulkhead exists. N.C. Division of Coastal
Management staff and Land Management Group, Inc. staff etermined the location of Normal High Water (NHW)
underneath the building on July 12, 2005. There exists aoden deck measuring approximately 28'in length by 20' wide
over open water located on the northern side of the property and an associated 100' in length by 4' wide wooden walkway
along the waterward side of the restaurant building (see Sheet 5 of 11). The applicant states the existing water depth
adjacent to the walkway is -1.5' @ Mean Low Water (MLW). There are currently no boat slips associated with the facility.
The average elevation of the site is reported to be approximately 6 feet above mean sea level (MSL). Existing vegetation
on the tract is limited to ornamental landscaping.
The location of the existing Harbor Masters Restaurant building adjacent to Carolina Beach Yacht Basin appears to be
within the central business district area of Carolina Beach. This would qualify the redevelopment of the existing structure
under rule 15A NCAC 07H.0209 (Coastal Shorelines AEC Urban Waterfronts), which allow for existing enclosed
structures located over estuarine waters, public trust waters and coastal wetlands to be expanded vertically provided that the
vertical expansion does not exceed the original footprint of the structure.
The Carolina Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the
project area as Commercial. The waters of the Myrtle Grove Sound/Carolina Beach Yacht Basin are classified SB# by the
Division of Water Quality. They are NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and
they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to expand an existing condemned waterfront restaurant into a six-story mixed use building with a
new bulkhead, restaurant, commercial retail units, private condominium units, parking lot, floating dock, finger pier, and
maintenance dredging. Once demolishment of the existing building and its foundation components are accomplished, the
applicant proposes to construct the new six-story building in place of the existing single story restaurant building. The
applicant proposes to expand the existing footprint and height of the building into a six-story mix use building, which
would consist of a restaurant on the ground level and sixteen residential condominiums on levels 2 through 5. The
footprint of the proposed building would not be expanded in a waterward direction; however, the proposed building would
extend beyond the existing footprint on the landward side approximately 15 feet. The majority of this expansion would be
associated with the proposed elevator shaft and stairwells. The proposed building dimensions would be approximately
130' in length by 45' in width and 70' in height (see Sheet 8 of 11). The applicant also proposes an associated asphalt
parking lot within the same area of the existing parking lot on the property, measuring approximately, 30 feet in width by
150 feet in length. Additional parking would be provided at the public parking deck at the recently permitted oceanfront
Arcadius redevelopment project across Canal Drive.
Scott Patton (Harbor View at Arcadius)
Page Three
A 217 linear foot concrete bulkhead would be constructed to replace the old damaged alignment. The new bulkhead
alignment would be constructed approximately 5' landward of the existing alignment on the northern side of the property
and approximately 2' waterward of the existing alignment on the southern side of the property. The new bulkhead
alignments would then run approximately 16' landward, perpendicular towards the shoreline where Normal High Water
(NHW) occurs. The approximately 50' gap between these two new alignments would then be joined by a new bulkhead no
further waterward than 2' beyond Normal High Water. The new concrete sheets of the bulkhead would retain earth fill that
would support a slab on grade level that forms a portion of the ground floor of the proposed building (see Sheet 9 of 11).
The applicant states that as of this date, the design for the foundation system of the new building is not complete, but
currently incorporates the new concrete bulkhead aforementioned.
A75 feet in length by 6 feet wide floating dock is also proposed and would be accessed by a gangway ramp, which would
run parallel to the shoreline. The floating dock would be accessed from the southern side of the existing 28' in length by
20' platform located on the northern side of the property. The applicant also proposes a 15 feet in length by 4 feet wide
floating finger pier, which would run perpendicular to the shoreline towards the basin. The floating finger pier would be
located 13 feet south of the existing platform. Two (2) mooring pilings would then be installed on the southern side of the
existing platform to allow for transient dockage between the proposed floating finger pier and the existing platform. The
applicant states that the proposed structures would not extend beyond the Town of Carolina Beach established Pierhead
Line and that no permanent slips are proposed (see Sheet 10 of 11). It appears that the structure could provide docking
space for up to four vessels.
The applicant also proposes maintenance dredging in order to accommodate the transient dockage along the waterward side
of the proposed development. Maintenance dredging would be accomplished mechanically by a land based clamshell
bucket. Dimensions of the dredging limits would be 94' in length by 23' wide to a final project depth of-3' below Mean
Low Water (MLW) (see Sheet 11 of 11). The applicant states that the excavated material (60 cubic yards) would be placed
and contained on a highground location 30' from Normal High Water (NHW) on the project site or at the adjacent
Arcadius project located across Canal Dr. (see Sheet 1 IA).
The applicant states that the project engineer would submit applications for State Stormwater and Sedimentation/Erosion
Control Plan under the N.C. Division of Water Quality and the N.C. Division of Land Quality Express Program. The
proposed structures would connect to the existing municipal utilities, including the municipal sewer system and municipal
water supply.
10. ANTICIPATED UVIPACTS
The proposed building would extend approximately 10' (770 sq. ft.) over Public Trust Area and Estuarine Waters, except
in the center of the building where the structure would extend approximately 23' (1,250 sq. ft.) into Public Trust Area and
Estuarine Waters where the new bulkhead alignment would be constructed. Currently, approximately 14,375 sq. ft. of
impervious surface exists on the site, approximately 100% of the total Estuarine Shoreline AEC for this site. The new
building and parking area would create approximately 12,000 sq. ft. of new impervious area (on top of existing impervious
area) within the 75' Estuarine Shoreline AEC. The entire area for the proposed building structure and parking lot contains
no vegetation and is mostly paved. The proposed building structure may have substantial shading effect on the adjacent
building at certain times. The proposed maintenance excavation would result in approximately 2,162 sq. ft. (60 cubic
yards) of previously disturbed shallow bottom. Approximately 2,162 sq..ft. of highground area would be disturbed for the
placement of the excavated material. The proposed floating dock and finger pier would incorporate approximately 512 sq.
ft. of Estuarine Waters and Public Trust Area.
Submitted by: Robb L. Mairs Date: 11-10-05 Office: Wilmington
OC6S .: DWO %
Dcvr;lcpmunl Typu FEE (142CO 1601 435100093 1625 0"2531 124300 1602 435100055 2341)
I. Pdvil,?, p;,C•rAm?na1CIJ1 ,
dov.;lri:nr :nt U'at dcos not invctvu S25O 100: (x250) 0% (Sc)
Oti': lining ar er.:.r: ,t cn of any
wul6uuf. or Open v4lur.BrcaS:
mum=
It. f u!-lie cr cornne?ciaf dnvelopment
JrSt Bars not involve tha rilGng cr S DD 1CO°b (54Cc) O y. (SO)
,I;;., of pry wu!h;d:: or c,en
wat:ar a ,aar,
ht. fcr d•:vc:. pment Chat im•alveS thu
Gi11::g !xCrv3".0r, of ua 13 1
acr_ cf w;;U1^d3 andlar open wMer
areas, d.:!arrnilni if A, E. C, or D
cra:,•u: ? l:fr..:
:II(A.1. F:r ('^vatc, ncn-c?r:n:crC:al
di:vn!:.p?.Cnt. it Gcncn! w;,!cr Cuaiity 5750 l co% (Si5-) 0% (SC)
Caaif ?rd:on Nn X301 (cat 5tt :chat)
a:c a:> a?pl6?:::
pl('): Fc? paak or cCmnc:cial
(? •CC) G"a (SC)
',c:dar r.:a!, it Grna ul wa:ar Cua ay g.,00 low".
t. Cr::r,.?:;cn t;a?:C1 (cc z :acted)
G° ; JI `Yatcr Cc_ iiy
Ill(C). If
c_. C i N.a. 3_c1 (see. _.. .I ed)
5 CO 'o °240 C)
dc!_rni r.ri t :at aCci:io nal rtv ,.•v and 4c% (S1E 0 ( )
DING r?naae :ca is r2v:.i t
t uCa _ _ of a:rCc r eC!a!Cd 1. w?:nr
or ac. Xc 1''0:
MOM
tll(D}. !` C?ne:al Wat?f t?as:'ly (S 0)
Carlin^:u+a: N4:. 3'-01 (s.id ai:achc;) 5;00 GO-16 (5240) 40% 16
C;.n not b.: cYa-,!cd:
IV, for :: vnlc?mail IFaI invc:vcs
the ;1!'u..^, :r il.r exav. lion of Marc 5475 c3% (5355) 40% (S iSO)
tllzn cne ..C: i cf %vctlz, ..t/ar
ppnn w.r!ur a.e.rsM.
•r
Form DCM-MP-1 C E 1V E D
pCiv1 wl'-MIf?IGTOR., NC
r
L
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Town of Carolina Beach
c. Street address or secondary road number.
313 Canal Drive
a. Applicant:
Name Harbor View Restaurant, Inc. d. Is proposed work within city limits or
planning jurisdiction? X Yes No
c/o Mr. Scott Patton (Town of Carolina Beach)
Address 818 Carolina Beach Ave., N e. Name of body of water nearest project (e.g.
City Carolina Beach State NC river, creek, sound, bay)
Myrtle Grove Sound/ Carolina Beach
Zip 28428 Day Phone [phone] Yacht Basin
Fax [phone]
b. Authorized Agent: 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROTECT
Name Frank Sheffield. Jr.
Address 1001 College Court
City New Bern State NC
Zip 28563 Day Phone [phone]
Fax [phone]
c. Project name (if any
Harbor View at Arcadius
NOTE: Permit will be issued in name of
landowner(s), and/or project name.
a. List all development activities you propose
(e.g. building a home, motel, marina, bulkhead,
pier, And excavation and/or filling activities)
The applicant proposes to redevelop
waterfront property which currently contains a
condemned restaurant and associated parking
lot A new building would be located in place
of the existing restaurant. Parking would also
be replaced within the limits of the existing
parking lot Additional parking will be provided
in paved parking areas within 500' of the
property. Minor excavation in the dock area.
2. LOCATION OF PROPOSED
PROTECT
a. County New Hanover
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Re-development
Revised 03/95
RECEIVE.,
XM WILMINGTO.,`
OCT 2 1 20P??
Form DCM-MP-1
c. Will the project be for public, private or
commercial use? Commercial,public, and
private
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.
Purpose is to redevelop the property by replacing
the existing condemned, single story building with
a new five story building. The new building will
contain a restaurant and retail units on the ground
floor and private condominium units on floor 2-5.
CBD (Central Business District)
I. Is the proposed project consistent with the
applicable zoning? _X_ Yes No
(Attach zoning compliance certificate, if applicable)
(Conditional Use Permit for proposed development
attached)
j. Has a professional archaeological assessment
been done for the tract? Yes _X-No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Approx 0.3-acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW
or NWL avg. +6 MSL
d. Soil type(s) and texture(s) of tract
All of site is currently developed with asphalt
and rooftop and is mapped by NRCS as Urban.
e. Vegetation on tract The site is developed
with asphalt and an existing building. No
vegetation is present except a small line of
shrubs in front of the building.
f. Man-made features now on tract Existing
restaurant building and associated parking,
bulkhead decking over the sound/yacht basin.
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use
plan.)
Conservation Transitional
Developed Community
Rural X Other
(Municipal)
h. How is the tract zoned by local government?
1. Are there wetlands on the site? - Yes
_X-No
Coastal (marsh) _ Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment
facilities.
Municipal system.
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.)
The site is currently 95% impervious cover.
However, a state-approved stormwater plan will
be obtained for this proiect.
o. Describe existing drinking water supply
source.
Municipal system.
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
Revised 03195
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 I V white paper.
(Refer to Coastal Resources Commission Rule
7J.0203 for a detailed description.)
Please note that original drawings are preferred
and only high quality copies will be accepted.
Blue-line prints or other larger plats are
acceptable
only if an adequate number of quality copies are
provided by applicant. (Contact the U.S. Army
Corps of Engineers regarding that agency's use of
larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently
detailed to guide agency personnel unfamiliar
with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the
like.
* A Stormwater Certification, if one is
necessary.
The project's engineer has submitted a
Stormwater Plan to the NC Division of Water
Quality, for review concurrent with review of this
application.
* A list of the names and complete addresses of
the adjacent waterfront (riparian) landowners
and signed return receipts as proof that such
owners have received a copy of the application
and plats by certified mail. Such landowners
must be advised that they have 30 days in which
to submit comments on the proposed project to the
Division of Coastal Management. Upon signing
this form, the applicant further certifies that such
notice has been provided.
i
Name Town of Carolina Beach
Address Attn: Calvin Peck. Town Manager
1121 Lake Park Blvd
Carolina Beach, NC 28428
Name Joy and William Bordeaux
Address P. O. Box 702
Carolina Beach, NC 28428-0702
* A list of previous state or federal permits
Revised 03/95
issued for work on the project tract. Include
permit numbers, permittee, and issuing dates.
No previous permits for this project.
* A check for $400 made payable to the
Department of Environment, Health, and Natural
Resources (DEHNR) to cover the costs of
processing the application.
* A signed AEC hazard notice for projects in
oceanfront and inlet areas.
* A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S.113A -1 to
10) If the project involves the expenditure of
public funds or use of public lands, attach a
statement documenting compliance with the North
Carolina Environmental Policy Act.
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. 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.
RECEIVED
DCM W,? NI NO i ON, NC
OCT 2 1 2005
20
This is the /dy J:z7t? 1
?r?lG'?S???O
Name
Signature /1?72tL/
Landowner or Authorized Agent
Form DCM-MP-1
Please indicate attachments pertaining to your
proposed project.
_X_ DCM MP-2 Excavation and Fill
Information
_X_ DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in
the space provided at the bottom of each
form.
RECEIVED
NNI'NIL MINGTON, NC
r ` ? ? 200
Revised 03195
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
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.
Describe below the purpose of proposed
excavation or fill activities. All values to be
given in feet.
Average Final
Existing Project
Length Width Denth Denth
Access
channel
(MLW) or N/A
(NWL)
N/A
Canal
Boat N/A
Basin
Boat N/A
Ramp
N/A
Rock
N/A
Rock
B reakwat
Revised 03195
Dock 23' -1.5 -3.0
area 94' MLW MLW
1. EXCAVATION
a. Amount of material to be excavated from
below MHW or NWL in cubic yards 60 cubic
ay rds
b. Type of material to be excavated
Sandy bottom
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? - Yes X No
Bulkhead backfill onlv within 2.5' of
MHW, unveaetated waters
d. Highground excavation in cubic yards None
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Will be "wasted"
on site or adLacent Arcadius site.
b. Dimensions of disposal area Approx 8-acres
c. Do you claim title to disposal area?
X Yes No If no, attach a letter
granting permission from the owner.
d. Will a disposal are -bb - Bailable fo Ature
DCM VVILMINGTON. NC
Gr`T 2 ' 2 0 0 '1
Form DCM-MP-2
maintenance? Yes X No
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the
water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 2171ft.
C. Average distance waterward of MHW or
NWL
d. Maximum distance waterward of MHW or
NWL
2.5'
e. Shoreline erosion during preceding 12 months
N/A
f. Type of bulkhead or riprap material
Concrete sheet pile
g. Amount of fill in cubic yards to be placed
below water level
(1) Riprap
(2) Bulkhead backfill Less than 20 cy3
h. Type of fill material Clean fill sand
i. Source of fill material Per contractor
delivery
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
Revised 03/95
a. Will fill material be brought to site? N/A
_ Yes X No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled? A state-approved
Sedimentation and Erosion Control Plan will be
followed for all work performed on the site.
b. What type of construction equipment will be
used (for example, dragline, backhoe, or hydraulic
dredge)?
Pile driver. dozer. dumotrucks. and other
standard commercial and marine construction
equipment.
c. Will wetlands be crossed in transporting
equipment to project site? _ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant or Projjee t1N/ame
Signature
Date
RECE VED
D C N I I,"!I_%4ING; C`1. ?\IC
T
f?
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA
Major Permit, For DCM-MP-l. Be sure to
complete all other sections of the Joint
Application that relate to this proposed project.
a. Type and number of buildings, facilities, units
or structures proposed One buildin to o be
replaced within footprint of existing building.
b. Number of lots or parcels N/A
c. Density (give the number of residential units
and the units per acre) 16 units (approx 64
units/acre).
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. The entire site,
approx. 0.3-acres.
e. If the proposed project will disturb more than
one acre of land, the Division of Land Resources
must receive an erosion and sedimentation control
plan at least 30 days before land disturbing
activity begins. If applicable, has a sedimentation
and erosion control plan been submitted to the
Division of Land Resources? Yes X No
An express review state S&E permit
application will be submitted by the project
engineer for review concurrent with this
application.
impervious cover within the AEC and will be re-
developed with less impervious cover.
h. Projects that require a CAMA Major
Development Permit may also require a
Stormwater Certification. Has a site development
plan been submitted to the Division of
Environmental Management for review?
.Yes X No
An express review state Storm water permit
application will be submitted by the project
engineer for review concurrent with this
application.
i. Describe proposed method of sewage disposal.
Municipal system
j. Have the facilities described in Item I. above
received state or local approval? Local
approval received.
k. Describe location and type of proposed
discharged to waters of the state (for example,
surface runoff, sanitary wastewater,
industrial/commercial effluent, "wash down" and
residential discharges).
All stormwater runoffwill be managed per a state-
approved stormwater plan
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Municipal system
f. List the materials (such as marl, paver stone,
asphalt, or concrete ) to be used for paved surface.
Asphalt for varkina areas.
g. Give the percentage of the tract within 75 feet
of MHW or NWL, or within 575 feet in the case
of an Outstanding Resource Water, to be covered
by impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking.
The site currentlv contains virtually 100 %
in. Will water be impounded? Yes X No
If yes, how many acres? N/A
Form DCM-MP-3
Revised 03/95
Form DCM-MP-2
maintenance? Yes X No
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the
water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length 217 M.
a. Will fill material be brought to site? N/A
_ Yes X No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled? A state-approved
Sedimentation and Erosion Control Plan will be
followed for all work performed on the site.
C. Average distance waterward of MHW or
NWL b. What type of construction equipment will be
0 used (for example, dragline, backhoe, or hydraulic
dredge)?
d. Maximum distance waterward of MHW or Pile driver. dozer, dumptrucks, and other
standard commercial and marine construction
NWL equipment.
2.5'
e. Shoreline erosion during preceding 12 months
N/A
c. Will wetlands be crossed in transporting
equipment to project site? _ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
f. Type of bulkhead or riprap material
Concrete sheet pile
g. Amount of fill in cubic yards to be placed
below water level
(1) Riprap
(2) Bulkhead backfill Less than 20 cy3
h. Type of fill material Clean fill sand
i. Source of fill material Per contractor
delivery
xl?
Applicant or Proje t Name
'F
Signature
Date
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
Revised 03/95
RECEIVED
DCikl INil_N4ING 70N, NC
0C -7 2 1 2nn"

Form DCM-MP-3

UPLAND
DEVELOPMEN T
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA impervious cover within the AEC and will be re-
Major Permit, For DCM-MP-I. Be sure to developed with less impervious cover.
complete all other sections of the Joint
Application that relate to this proposed project. h. Projects that require a CAMA Major
Development Permit may also require a
a. Type and number of buildings, facilities, units Stormwater Certification. Has a site development
or structures proposed One building to be plan been submitted to the Division of
replaced within footprint of existing building. Environmental Management for review?
_ Yes X No
b. Number of lots or parcels N/A An express review state Stormwater permit
application will be submitted by the project
c. Density (give the number of residential units engineer for review concurrent with this
and the units per acre) 16 units (approx 64 application.
units/acre).
i. Describe proposed method of sewage disposal.
d. Size of area to be graded, filled or disturbed Municipal system
including roads, ditches, etc. The entire site,
approx. 0.3-acres. j. Have the facilities described in Item 1. above
received state or local approval? Local
e. If the proposed project will disturb more than approval received.
one acre of land, the Division of Land Resources
must receive an erosion and sedimentation control k. Describe location and type of proposed
plan at least 30 days before land disturbing discharged to waters of the state (for example,
activity begins. If applicable, has a sedimentation surface runoff, sanitary wastewater,
and erosion control plan been submitted to the industriat/commercial effluent, "wash down" and
Division of Land Resources? Yes _X_No residential discharges).
An express review state S&E permit All stormwater runoff will be managed per a state-
application will be submitted by the project approved stormwater plan
engineer for review concurrent with this
application. 1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Municipal system
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surface. m. Will water be impounded? _Yes X No
Asphalt for parking areas. If yes, how many acres? N/A
g. Give the percentage of the tract within 75 feet
of MHW or NWL, or within 575 feet in the case
of an Outstanding Resource Water, to be covered
by impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking.
The site currently contains virtually 100 %
Form DCM-MP-3
Revised 03/95
Form DCM-MP-4 -
STRUCTUIZE S
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major (2) Average distance from MHW, NWL or
Permit, Form DCM-MP-1. Be sure to complete all other wetlands
sections of the Joint Application which relate to this (3) Maximum distance beyond MHW, NWL,
proposed project. or wetlands
a. Dock(s) and/or Pier(s)
(1) -Commercial X Community Private
X Public
(2) Number 1 floatindock
(3) Length 75'
(4) Width 6'
(5) Finger Piers X Yes No
(i) Number 1
(ii) Length 15'
(iii) Width 4'
(6) Platform(s) -Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed All dockage temporary
tie-up available to the public for access to restaurant.
(8) Proximity of structure to adjacent riparian
property lines Approx. 36' to the north, 30' to
the south
(9) Width of water body Town Pierhead line
recognized.
(10) Water depth at waterward end of pier at
MLW or NWL Avg -2' MLW
b. Boathouse (including covered lifts) N/A
(1)_ Commercial -Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
e. Mooring buoys N/A
(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 (boatlift, mooring pilings,
etc.)
(1) -Commercial -Community _ Private
X Public
(2) Number 2
(3) Length Per contractor
(4) Width 6" or 8" dia
g. Other (Give complete description)
Approximately 7 new concrete support piles
will be located waterward of MHW, within the
footprint of the existing building.

Applicant or Project Name
Signature
Date
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
Revised 03/95
v'l
17.,?
ar I ;`.. i s • a i m ? P` j i 1'x74 ft h"
'<.,, ;?? !' `, .^; .•:-''< ,•.?_, - ? nib'` `? ` y,, ? w r'jr. ` i
,r ...?'`J - r a ti •??}. ' »w -11is4kri? -
ti ; ,^t• a 4k ci f' . } f f ?_ S T Ceara Pet SITE
y :? - #? : `?; ! _ -v' `/ sj y 1 Leech
.
e ?? 1` ter{
r
!- a-?
M??`
n
F}ti. i - -
} ,.?' ? { tce.e Ee.ct
- ...,? f . M r rc AT FrI303t
4x roul?z. NTR
`-e-?' r ?TRTF KeCMEA7TtkY tbitrA.
/ - 1
it 6
/L

SITE
Map Source: DeLorme: North Carolina Atlas and Gazetteer., 1997 p. 87.
Land Management Group, Inc.
Environmental Consultants
P.O. Box 2522
Wilmington, NC 28402 Project Location
910-452-0001
LMG # 02-04-697
2.0 1.0 0 2.0
SCALE 1 " = 2 miles
CAMA Major Permit Application,
Harbor Master Re-development
Applicant: HarborView, Inc.
Location: Carolina Beach, New Hanover County
Date: 6/23/2005 Sheet I of
0
Z_
T?
V
o D
0
= o
CO 3
2
ca o
CD n 3
;a a
o m ca
0 o cu c O a

o
? <
* < °-'
-
m 3D mm
3
O N D
cn D
a = n?
N D °o'
(D °
• o'
..+ 5
v a C 3
co
(D

O w
0

O
a
(D
a-
0
7c'
cn
O
cc
O
1
Z
n
o tcl' T
o CO
Q l
T ?
3 a ?0
o
'laSePh r
a
9•`
Rd. F n
i '
f Merchant
PC/
I
46
-pi L 1. 'Ja. f•
t, -
SITE
41
- •'? ,?l i'T .mss. ? ms's - ?.a
?,: z.,
j :.
•` iJli -v!/ ,
r *q 4:1 -
M :7-
71
?• Legend j
New Hanover County Tax Parcel Lines
80 40 0 80
$ "' • - i + = New Hanover County Tax Parcel Lines
- - -.?„?, - ----- ---------r- SCALE 1 80
Land Management Group, Inc. CAMA Major Permit Application,
Environmental Consultants 2002 GIS Color Aerial Harbor Master Re-development
P.O. Box 2522 w/ Existing Conditions and Applicant: HarborVew, Inc.
Wilmington, NC 28402
910-452-0001 New Hanover County
LMG # 02-04-697 Tax Map Overlay Location: Carolina Beach, New Hanover County
Date: 6/23/2005 Sheet of /?
.'!?` C 72 + ,vAL71Q .TgWEIry-`} .? t r, ? ??.F`„ ?t"tR'^?? • j,?) 1 !f ?rt`? ? ??S'
1 r t„• '„ rf?? i' 4S???' f': is.• ! /.ice fN Qa
i 1 Fr 4 I I'L
rG? ry !1 `? rt 7i 1 ???+ • n ? L
1 ^y?, ?'1-J ??? Q v'?1 .? `? ,.??'?t%/?lY? ? _ l?'"'-y , tj?'! 5l[;.'iy,,•' D {' j• •, '',
IBM
OL"
5 ? _ ... ?? ? ' ? r.- ?? .-? .. Sty {''.,?I. .? ? t ? , .? • '?i t?
Y ter!{ ?-.?. ,,,_,
'CH
t` i 'r'•(?'?Uj'n-t-ii'??i1 ???` ,.4%7 ` i r? -1, j" §t j• /` .??fJlf.`
\;? -..,:.-?? ? rib.: / ..4 .Y •r _ -1 -, ?? t f ?
- • ' SITE -
f .t = JCAIOLhIA BEACH
X. mj

i?CVI'v`1;; VilViu!'_7 N' "jv `
NOV 0 3
2005
?
i
2000 1000 0 2000
Map Source: Carolina Beach, N.C., 1997, USGS 7.5' Topographic quadrangle. SCALE 1 2000'
Land Management Group, Inc. CAMA Major Permit Application,
Environmental Consultants Harbor Master Re-development
P.O. Box 2522 Applicant: HarborView, Inc.
Wilmington, NC 28402 USGS Topo Quad
910-452-0001
LMG # 02-04-697 Location: Carolina Beach, New Hanover County I
Date: 6/23/2005 Sheet 3 of ??
Vw,
f l? ?rl. v
1 r' ,
J1 A
I °Y SITE j R
_ K ! -?
' aria
T
• L 'tt r?. _ ,?? f'a1
r?.'. ~ 1
klInY
d o
wt 's' ` gy Y
_ ?. l..:C+'S-ry'"v. a.: ???•??? ? .f -tit
1 ?.
?- ij ?,,,? 'i" 1 / 'i x V'i}'";?.yE? - X47 l1•?
• 1U )' T 'I 7 r 4i1RaP -
p' Legend j
= New Hanover County Tax Parcel Lines
New Hanover County Tax Parcel Lines 80 40 0 80
SCALE 1" = 80'
Land Management Group, Inc. CAMA Major Permit Application,
Environmental Consultants 2002 GIS Color Aerial Harbor Master Re-development
P.O. Box 2522 w/ Existing Conditions and
Wilmington, NC 28402 Applicant: Hart?orVew, Inc.
910-452-0001 New Hanover County
LMG # 02-04697 Tax Map Overlay Location: Carolina Beach, New Hanover County
Date: 6/23/2005 Sheet ? of

MYRTLE GROVE SOUND
/YACHT BASIN
WOOD DECK
Note: Proposed dock and slips not shown.
WOOD DECK

PILI G

NMI
® 0
ELEVATOR

Plan provided by LS3P, Charleston, SC
:?
RE
1
IM

Some notes added by Land Management Group, 0 i 2 0 0?
Inc.
SCALE 1" = 20'
CAMA Major Permit Application
HARBOR VIEW AT ARCADIUS
PROPOSED BUILDING Applicant: Harbor View Restaurant Inc.
FOOTPRINT
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 8/3112005 Sheet I of ??
a °O
1)"'N, I;111.;?:1!(lr ? r ;) it 04 U]
z
Proposed
Bulkhead
i
ig Bulkhead
J W .I Existing
Bulkhead
Existing Proposed
Bulkhead -!, Bplkhead
:t t0
N
N
z
O
r
I
N
I

W
to
n
°' C-4
:t
N
rooo$ed Bulkhead

Proposed Bulkhead, approx. 217 Ift. of
concrete sheet pile. To be aligned no
further than 5' waterward of the existing
bulkhead/MHW. Majority of new bulkhead
to be located landward of existing
bulkhead.
pp n
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 9/712005 Sheet 6 of
SCALE 1" = 20'
Individual Permit Application
HARBOR VIEW AT ARCADIUS
PROPOSED BULKHEAD A licant• Harbor View Restaura t Inc
11.34

?Jc
if lh) V 0
11.56
EXTENDED PA
UNE
AD
lOwN p1 RHE
C-10.69 NEW MOORING PILINGS
NEW FINGER 4' X 15' -
-4.14 -3.68
8.33 Z
r a 5.55
o WOOD
1NE
- -2.0
DECK
p1ERHEAD ?
W
W
O
N
51 NEW 6'-WIDE FLOATING DOCK NEW R P -0.26
-3

.
0
WOOD DECK
0.65
t\?
-3.83
0.17
LKHEAD (MHW) ?
-2.15 BULKHEAD (MHW) o
-1.09 1.79
J
One proposed 13'-wide wet slip with 4'x 15' finger
60 Ift. of side-to dockage proposed, three slips Base survey and elevations by WK Dickson, Wilmington, NC
All proposed dockage to be public Dock added by Land Management Group, Inc
SCALE 1" = 20'
Note: Proposed building not shown
CAMA Major Permit Application
HARBOR VIEW AT ARCADIUS
PROPOSED DOCKAGE Applicant: Harbor View Restaurant Inc.
Location: Myrtle Grove Sound, Carolina Beach,
_ New Hanover County _
Date: 8/31/2005 Sheet /4 of f
..1 J__? 11.34
ao! (N), IVC
rt?v O :I 20U„?
11.56 EXTENDED PA
PROPOSED EXCAVATION _ lµ
AREA HATCHED
Ao
_ approx. 60 cy3 p? RNE
J0`11N
NEW MOORING PILINGS
_
\ ...... .
10.69
/
NEW FINGF_P, 4' X 15' -
- - - .1.." 4 4 -3.68
8.33
..... i -5.55 n
a
I
-1.91
o
WOOD
RIP LINE
xr - n' 9' - 9 DECK
X

?Ow 5 F T" P -0.26
0
WOOD DECK
u 65
0.17
. LKHEAD (MHW)
O ?
w
-2.15 -J BUI LKHEAD (M o
-1.09 1.79
J
Elevations are relative to MSL. MLW is -1.1' MSL Base survey and elevations by WK Dickson, Wilmington, NC
Minor excavation below MHW proposed to -3' MLW Dock added by Land Management Group, Inc
Estimated 60 cy3 of excavation, no more than 100 cy3 SCALE 1" = 20'
Note: Proposed building not shown CAMA Major Permit Application
HARBOR VIEW AT ARCADIUS
PROPOSED EXCAVATION Applicant: Harbor View Restaurant Inc.
Location: Myrtle Grove Sound, Carolina Beach,

-
New Hanover County
Date: 10/18/2005 Sheet I( of

BEACP AREA

M
w. .d.w=•
_ ___ WASE 1
PIWA5E 2

w - --------° __ __
4 emw.w nJmrro.i•?r Jiaw.w r _
Nam"
La
w
U
M
m
n
N
LD
n
H
Qf
CD
V
a-1
In
m
N
t
m
J? a°°r...sw.? yr ??n0a? ? I J , watts 1 ? .I
I 1
?1a? vewr ` I ?-- F f
•?••? run a s c ? aec
1 w-
aaww•Itwrrwmw?r.atvJ ;s '$! Wlu F1 ©• rl
1 :.. aMrri -_ 1 IQG?'SiQ.'t.l,,'r! ?w?T.aL.. • r'""
I' apt ? L =j . -
owr. l 1 ? ,
?? nra a I 1 ' I ' '
...?.?....a?.,.w...?.
r T ?-
a9 imp _.i. ' ? '?1-•-^ l ? e :°'
q f-
le faq{. wtr • N
sN.tsa°.rs•nannw?r•n t -?•.
Il
lF f I r i t
]• =+ _ IEI
- >•r.wr.wrwasw.ro?aw•rr
r
I
--'fit-- x ---_-
w.nr
Wsrww
Q
4' -- .guy
rmwrr ?? wMLarrr
?C.c Vai ? .i?n.•m -
w .r / ro.,oa.nn?lu+.ww
I
CAN4L
AR A
R>r
4..o??r.1LD"rw• T??? ? i OARINDIIF7Fi?F100Fl PEltiFJ ? ??, LDWO GF SAYOgO SkBG•f
"H I PHASE 2
C luro t--...'-r s = w
• Beer" ,r, ??
? ?'wr ?a wr..s rim:
mum* An Deem-nusihT
-flif a ?InWOULMO to e+s ??? _y.
rro • a-
rlrrwtxL'176y ¦OId:OR Nr/lff AM
TM4- w+a o - WI,vm ELM •••• w
r7 ?H410VAL "M CC?Itf r.lw,nwrar•wr,.•tM ?N a +?+wr .w wi
•ww?a.oe.wrtrr V•wsJ TM
I a& Yll it l r• sy tau0 ware.. s +?w.r
iD11a ? pp@,j G,r71? l+Lil y?•?
DCNI WILMINGTON, NO .

G

I
IL
III. NRT?T
4tlr nm
AgEM1QnL
rrn Mo
Al
Sit L TIO5K m
- -J-}?,?brY r?,U ?tS?u,?r+t?? let. CD
XA
GRAPHIC SCALE
N1 5
00E
25
00
.
.
30 0 15 30 60 120
6mmiiiI P/L PER DEED
MYRTLE GROVE SOUND 3
CAROLINA BEACH YACHT BASIN N o pO LINE
( IN FEET )
N LO PIERHE
SOwT4
1 inch = 30 ft. z

N17`I7'20'E 125.00' PKS
4
DRIP LIN E ERNEpO L1NE DEW00
CK 3z
tOWN p1 Q

CAROLINA BEACH YACHT BASIN

wooD DECK ILL
J M
0
IERNEpO LINE Q.
Q
TOWN P CONC. BULKHEAD CONC. BULKHEAD
(BROKEN) w =
o N n
.
ONE STORY Q

3 BRICK BLDG
FL
EL
8
0
a

o• .
.=
.
4 a

J
Q
cm MHW LINE < (0
N
N?

U z

d' N BETE WALK CONCRETE
WALK
m
J
TOWN OF
CAROLINA BEACH Z Z
W
4 4 0
ASPHALT ASPHALT °o

ULKHEAD UNDER PARKING LOT PARKING LOT 3
ECK EDGE -J
HARBOR VIEW REST. INC.
_ SIGN PIN 8818-006-027-000

T 45
NOV IN 10.68 L) D.B. 953, PG. 674
INV OUT 0.60 v 150.00'
DI
TOP 4.43 DI
TOP 4.86 F S DI SI7'07 23 W
TOP 4
46
I
RF
1.79 INV
.71 INV IN 1.30 CANAL
I
V
T DRI VE v .
SSMH INV IN 0.71
0.84 OUT
INV O
a
N
OU
40 R/W

(PUBLIC)
a
TOP 4.55 INV OUT 0..56
INV -2
55
T 0.74 CANAL DRIVE .

U U
VAULT N 12' EP EP
'3
.0.
'
'
'

75.00'
PKS
DI IPF N17'11
36
E 49.6
2*
IR U

CO
4.01
IN
BLOCK
TOP 4.24
INV 1.74
SSMH
TOP 4.55
OI
TOP 4'08
INV
0
8

SIGN
rr 50.27'
IPF
1.93 INV -2.66 IN
.
8
NV OUT 0..81

EL
U
\ x _ CONCRETE f /LJU
REC'E. VEE
GC0,11 J;!L r i ve I Gi`i. SIC
Base survey by WK Dickson, Wilmington, NC
Z01995 with some notes added by Land Management Group Inc.
LMG # 02-04-239
IPF
12'
IPF S17'06'40'W
149.71'
CAMA Major Permit Application
HARBOR VIEW AT ARCADIUS
EXISTING CONDITIONS Applicant: Harbor View Restaurant Inc.
SURVEY
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 813112005 Sheet 5?- of t'I

N17'17'20'E
25.00
MYRTLE GROVE SOUND
GRAPHIC SCALE g3 CAROLINA BEACH YACHT BASIN
NtQ? a a
/ /
30 0 15 30 60 120 n
z
/ A
NEW FING?_
( IN FEET)
1 inch = 30 ft. N17'17'20'E / 125.00' AS

ENE /
DRIP UNE pD W•_2.
p1ERH% 71 woo
DECK

I
/ NEW 6'-WIDE FLOATING DOCK ryEyy P
CANAL
/ - - -WOOD DECK- - - - w
°

/

/
/ ?

CONC. WALL n
a
?c-4
TOP CONC. WALL I iv
(BROKEN) N
ONE STORY

? ? BRICK BLDG
3 FL EL=8.04
- / m
NE

3

? o v
I. MHW U
N,6
v
04
? a Z. BETE-WA

ICBM ET? WALK

,

?
- ? ?

? 103 11 ?

? ? W w w
UNDERGROUND z
GAS TANK oU
? 1
1
-

-- _ °

--
w
°
3
- BULKHEAD UN DER
ECK EDGE _j ASPHALT
ASPHALT
SIGN
_
TOP 4.15 a 01
u TOP 4.46

3 INV IN 0.68
-INV OUT 0.60 INV IN 0.71
N v T 5 150.00
DI DI DI

TOP 4
86 P? S S1707 72.7W

IRF
-
IPF
TOP 4.04
INV IN 12' 1.79 .
TOP
INV IINV OUT 30
1.71(L
CANAL DRI VE II
1 SSMH
TOP 4.65
INV IN 15' 0.84 INV INV -2.55 12'
INV IN OUT 0.74 CANAL DRIVE SS SS SS SS SS
W A
W P W W W W 8' W
-UGT - UGT - UGT -
12' UGT - UG T
EP
SS SSS SS EP
OHE OHE 72=3-0. f OHE$-? IPF
Also see Proposed Building Footprint sheet for clarification
- on proposed building.

Dom VVIU PIGTON
NC
, CAMA Major Permit Application
2005 Base survey by WK Dickson, Wilmington, NC PROPOSED BUILDING /DOCK HARBOR VIEW AT ARCADIUS
Plan by LS3P, Charleston, SC
Docks added by Land Management Group, Inc. EXISTING BUILDING AND DECK Applicant: Harbor View Restaurant Inc.
ALSO SHOWN
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
LMG # 02-04-239
Date: 813112005 Sheet ( Of ??
Y
22'-2' 4 b
n-
a z
21
0

IM I ?o
'p
%
o Q+
.7 pro
M
N.
- a
? till III?III
? 01 Il l? ?I
lil illll'I
? bi III II:
I,
? nl II,II
to Canal Drive

Proposed excavation below MHW
EXISTING ? UILDING FLOOR FOOTPRINT
U _ z W hird concrete pile to
a a ° be along "column 4"
o v F not shown.
o
z
z

o
W
UJ
W
Approx. MHW location at its most landward location.
to Myrtle Grove Sound/Yacht
Basin

-1TRANSVERSE BUILDING SECTION
/1L
t ?1C
SCA L E 1 " = 1 2'
LS3P ASSOCIATES- LTD. Some notes added by Land Management Group, Inc.
205 1/2 KING ST. CHARLESTON SC 29401
TEL. [phone] FAX 843.722A7119 CAMA Major Permit Application
WWW.LS3P.C0M HARBOR VIEW AT ARCADIUS
TRANSVERSE SECTION Applicant: Harbor View Restaurant Inc.
PROPOSED BUILDING
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
LMG # 02-04-239
Date: 10113/2005 Sheet ? of
lip c :?
N 0 V 0.1
'Il0`i
LC
o
w

w•
II III I
1
II III II
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 27, 2005
Mr. Henry Wicker 0 (?, D
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office NOV 1 ? Z005
P. O. Box 1890
Wilmington, North Carolina 28402-1890 .
wartsa!M1??1
Subject: Action ID # 200501205, Harbor View Restaurant, Inc., Carolina Beach, New Hanover
County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated October 3, 2005. The applicant, Harbor View Restaurant, Inc., has
applied for a Department of the Army (DA) permit to remove an existing one-story restaurant
and construct a six-story, mixed use building with docking facilities. These comments are
submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as
amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your
determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest
review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional
comments are provided regarding the District Engineer's determination of project impacts
pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.
1531-1543).
Project Area, Proposed Actions, and Environmental Impacts
The project area is in the Central Business District of the Town of Carolina Beach. The site is
near the southern end of, and adjacent to, Myrtle Sound which is also known as the Carolina
Beach Yacht Basin. The one-third acre site has an existing one-story restaurant which extends
approximately ten feet over the waters of the sound. Except for a 25-foot gap, there is a
bulkhead along the shoreline of the sound. Within the gap, public trust waters extend for 25 feet
under the existing structure. According to information available to the Service, the waters of the
basin are not classified as Primary Nursery Area (PNA) by the North Carolina Division of
Marine Fisheries.
The applicant proposes to demolish the existing one-story structure and construct a six-story
building with a restaurant on the ground level and residential condominiums on the other levels.
The new structure would not extend beyond the original footprint of the existing building except
on the landward side opposite the basin. The plan calls for an engineered storm water

2
management facility. The project includes several transient boat slips. Approximately 100 cubic
yards of bottom sediment would be dredged from the dock location to a depth of three feet below
mean low water (MLW). Dredging would be done with a crane and clamshell bucket from a
land base position. A containment method for the dredged material has not been provided. A
new bulkhead would be constructed approximately five feet waterward of two existing
bulkheads and the present gap would be closed by new bulkhead construction. The PN does not
discuss any fill placement behind the new bulkheads and does not mention whether the area to be
dredged contains submerged aquatic vegetation (SAV).
Project impacts include the removal of 100 cubic yards of shallow estuarine bottoms. Some
shallow estuarine habitat would be lost by the waterward extension of the new bulkhead.
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species
known to occur in New Hanover County. Information for a more limited area around the project
site is available from the North Carolina Natural Heritage Program (NCNHP) database. This
database contains occurrence records for both state and federally protected species within each
U. S. Geological Survey quadrangle (quad). The occurrence data of special status species within
this quad can be obtained on the internet by using the database search accessible at <
http://www.nenhp.org/Pages/heritagedata.htm] >. The project is located within the Carolina
Beach quad.
Our initial review indicates that the only federally listed species likely to occur in the project
area is the West Indian manatee (Trichechus manatus), a federally-endangered mammal. The
species is known to occur in New Hanover County and there is a current occurrence record in the
Carolina Beach quad. The NCNHP database has an occurrence record in Myrtle Grove Sound
between the project area and Snow's Cut. The Wilmington Stars News of January 5, 2005,
reported the death of a juvenile female manatee in Myrtle Grove Sound. The animal had
apparently failed to make the usual southward migration and died of cold shock. The shallow,
estuarine waters of the project area may provide suitable habitat for manatees that move along
the Atlantic Coast during summer months and are seasonal transients in North Carolina,
primarily from June through October. Manatees may travel in water as shallow as one to two
meters (3.3 -6.6 feet) deep. The species moves extensively when in North Carolina waters and
past occurrence records cannot be used to precisely determine the likelihood that it will be
presence at a particular construction site.
While manatee occurrences are rare in North Carolina, protection of the species would be
enhanced during clamshell bucket excavation by implementing the "Guidelines for Avoiding
Impacts to the West Indian Manatee - Precautionary Measures for Construction Activities in
North Carolina Waters." These guidelines are available on our web site at <
http://nc-es.fws.gov/mammal/manatee guidelinespdf>. The guidelines are intended mainly to
ensure that construction personnel are informed that manatees may occur in the work area, that
work should cease if a manatee approaches the work area, work should not resume until the
S NF
3
manatee leaves the work area, and procedures for reporting the death or injury of a manatee.
Protection of the manatee would further be enhanced by scheduling construction during the
period from November 1 through May 31 when the species is least likely to be in North Carolina
waters.
With the inclusion of the Service's manatee condition, the Service anticipates that we will
concur with a determination by the District Engineer that the project is not likely to adversely
affect species designated as threatened, endangered, or their designated critical habitat.
However, the requirement of section 7 would need to be reconsidered if. (1) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered; (2) this action is subsequently modified in a manner that was
not considered in this review; or, (3) a new species is listed or critical habitat determined that
may be affected by the identified action. -
Service Concerns and Recommendations
The Service is concerned about any permanent loss of intertidal and shallow subtidal habitats.
Both areas are important fish and wildlife habitat. However, the Service recognizes the
developed nature and lack of upland wildlife habitat in the project area. If the proposed work
includes adequate storm water management to preserve water quality, does not impact SAV, and
applies the Service guidelines to protect manatees, we do not believe that the proposed activity
will have significant adverse and/or irreversible effects on general fish and wildlife resources
under our jurisdiction. With due consideration of these environmental protective measures, the
Service has no objection, from the standpoint of fish and wildlife, to the issuance of a DA permit
for the proposed work.
The Service appreciates the opportunity to comment on this permit application. Please advise us
of any action taken by the Wilmington Corps District. If you have questions regarding these
comments, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at <
[e-mail] >.
Sincerely,
yam/'
ete Benjamin
Ecological Services Supervisor
cc:
Ron Sechler, NMFS, Beaufort, NC
Steve Everhart, NCWRC, Wilmington, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
1
20052073'
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: October 3, 2005
Comment Deadline: November 2, 2005
Corps Action ID #: 200501205
All interested parties are hereby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.army.mil/wetlands
Applicant: Harbor View Restaurant, Inc.
Post Office Box 486
Carolina Beach, North Carolina 2842 a ?5
AGENT: Ward and Smith, P.A.
Ll
Post Office Box 867 0C T Y 3 2005
New Bern, North Carolina 28562
"TL NW S? A*rER QUALITy
Authority arrcy
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.
Location
The proposed project is located at the former Harbor Master Restaurant at 313 Canal
Drive, adjacent to the Carolina Beach Yacht Basin, Carolina Beach, New Hanover
County, North Carolina. Latitude 34-02-16 and Longitude 77-53-32.
Existing Site Conditions
The property is located in the Central Business District of the Town of Carolina Beach.
The property is approximately one-third acre in size and entirely covered by impervious
surfaces, including the roof of the former restaurant building, the adjacent asphalt parking
lot facing on Canal Drive and asphalt walkways and service areas. The existing enclosed
structure measures approximately 131' x 41'. and extends approximately 10' over the
public trust and Estuarine Waters of Myrtle Sound (a/k/a Carolina Beach Yacht Basin).
There is an approximately 25' gap in the existing bulkhead underneath the building.
Where there is no bulkhead the public trust waters extend approximately 25' underneath
the structure.
Applicant's Stated Purpose
The purpose of the proposed project is to redevelop the condemned restaurant building
overlooking the Carolina Beach Yacht Basin in the Central Business District of the Town
of Carolina Beach into a 6 story mixed use commercial and residential development.
Project Description
The proposed project is part of a larger project, which consists of construction and
redevelopment of nine multi-level buildings containing a mix of residential and
commercial retail units, a building with a mix of parking, residential, and commercial
retail units, a parking deck to be utilized for town and private parking with some retail
space on the lower floors, and other associated parking units, utility installation, and
public amenities such as an elevated pedestrian bridge, a bath house and a wooden
boardwalk.
Proposed demolition and reconstruction of structure that is over waters of the US,
dredting and bulkhead.
In this portion of the project, Harbor View Restaurant, Inc. proposes to redevelop the 0.3-
acre property under the project name Harbor View at Arcadius ("Project"). After
demolishing the existing 131' x 41' building, the applicant intends to construct a
building six stories high that will consist of restaurant space on the ground level and
sixteen residential condominiums in the remaining levels. The vertical expansion will
not extend beyond the original footprint of the enclosed structure on three sides,
including the waterside, and will be situated entirely landward of the existing harbor line.
The new structure will have a small extension on the landward side. Construction of the
new building in this particular location is necessary to provide at least limited parking for
resident and patrons and to be able to incorporate engineered storm water management
facilities on this 0.3-acre lot. The new structure will be situated partially over navigable
waters in order to realize the full development value of the existing structure and is views
of the Yacht Basin. The project will provide additional public access by including
several transient boat slips that will be available for public use without charge. In order
to facilitate the dockage space approximately 100 cubic yards of dredge material will be
removed from the dock location to a depth of-3 feet below mean low water. This
dredged material will be removed by crane and clamshell bucket from a land base
position and placed on highground above Mean High Water. The dredged material
containment method was not disclosed in the application. Once the dredged material has
been dewatered it is to be used at the building "F" construction site. Also, Harbor View
Restaurant, Inc. intends to construct a new bulkhead approximately 5' waterward in front
of the two existing bulkhead and construct a new bulkhead in the gap in between the
existing bulkhead. See the attached drawings for more details.
2
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 2321
Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27699-2260, Attention: Ms
Cyndi Karoly by October 21, 2005.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service. These impacts to EFH include destruction of
habitat at the borrow and fill site, siltation plums, erosion and sedimentation issues, time
frame work is performed (fish moratoriums) and water quality issues.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
3
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined there may be species listed as threatened
or endangered or their critical habitat formally designated pursuant to the Endangered
Species Act of 1973 (ESA) within the project area. A'final determination on the effects
of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials; Indian Tribes and other interested parties in order to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the
Corps to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the
National Environmental Policy Act (NEPA). Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
4

v / r
.. mac „ o; 9hth Solt 5
c? Q -o °?s ?•
Rd, o? e o
tea. ton
Ave. ?
O?
Wate ew
n Ct. Sandpiper Ln.
v
h
view r"
o? PI,
Grand Oyster Shell Ln.
Bahama a:
tg Dr.
p/moo Se,?t?e o° h m vo
Ave, 20? 421 Yacht Sailfish Ln.
Cam.
T0 1b
Oro C Pie. BRd.
urris
Ave rJ m 6X Ave
RO X- ay p? a? ?? Seagull Ln.
Moun v t qve Green Cf. r N
er 4 Goldsboro a Ave. Lees Scallop Ln.
(A
Monroe Wilson a Ave.
R°leJ9h D
qve. Lumberton P Ave. Dolphin Ln.
King a+
Cape q? ANS m
Florence o
- -1Z
C Ave.
SITE
harlotto Paor Ave. ci°
NOT TO SCALE
yomlett
Q
Fo.)'ettvll/a , _,,' N. Pavillion Ave.
Ava elv? - S. Pavillion Ave,
g'
AGonta A m
Q .1d qve. _ p
or `c Cape 1lFearr St Beach Ave.
endon Avo. Ava. ---'`
Provided by WK Dickson, Wilmington, NC
Individual Permit Application
HARBOR VIEW AT ARCADIUS
VICINITY MAP Applicant: Harbor View Restaurant Inc.
Location: Myrtle Grove Sound, Carolina Beach,
Now Hanover County
Date: 813112005 Shoot of
r C-11.34
•
r 10.69
i
a
S w°I
11.56
PROPOSED EXCAVATION
AREA HATCHED
approx. 60 cyq
r 6.33
•
?owN%
-1 o1s II I BULKHEAD (MHW) I I I I I I
Elevations are relative to MSL. MLW is -1.1' MSL
Minor excavation below MHW proposed to -3' MLW
Estimated 60 cy3 of excavation, no more than 100 cy3
Note: Proposed building not shown i
NEW MO RING PILINGS
NEW FINGER 4' X 15'
-4.14
-5.55
WOOD
" DECK
P
)OD DECK 0.65
r-
10
-0.26
EXTENDED P/L
.hn UNE
0.17
HEAD (MHW) ?
w
0
1.79
J
Base survey and elevations by WK Dickson, Wilmington, NC
Dock added by Land Management Group, Inc
SCALE 1" = 20'
PROPOSED EXCAVATION
Individual Permit Application
HARBOR VIEW AT ARCADIUS
Applicant: Harbor View Restaurant Inc.
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 8/31/2005 Sheet of
GRAPHIC SCALE ?'Nlw5

0
7 16 M 60 i O
O
(IN VEST
1 inch 90 it.
owP uw?

CANAL

..-
rr
° 13 g
k
AXI
C3

0
0 0 00 00
p D

S uuwEAo Want 3
ecx cote

i TOP 41
wv w ass
_ MV OUT aso
_
?; r ,.,,
16' 0.64
IV w Ot
?` r
wV OUT 01
TOP 4.1E
W IN n'° ` '
CANAL ORI I/E ,
w
rv ouT aT4
_ W - C ANAL o nc - - -
. ?_ . VOT
MYRTLE GROVE SOUND
CAROLINA BEACH YACHT BASIN

?„ ?" tuw ?'-wwe R.aATINO Doat 2w
- -. X60 -6EL9(-• -?
1 1 1 1? ?? I
ONE SMY
II II ti ?&
OTNKHO

A6PHALT ASPHALT
DI
TOP 4.M
wV w 0. 1 180.00'
utr
SSHH
TOP 4 63
wV -28s - 53 SS
-? W - W -
UOT - - -UoT _ EP
Base survey by WK Dickson, Wilmington, NO
Plan by L83P, Charleston, SC
Docks added by Land Management Group, inc.
LAO Y 02-04-23D
Also see Proposed Building Footprint sheet for clarification
on proposed building.
rr
Individual Penntt Application
SED BUILDING /DOCK HARBOR VIEW ATARCADIUS
i BUILDING AND DECK licent: Harbor View Restaurant Inc.
ALSO SHOWN Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 8/3112005 Sheet Of

r C-11.56
i
-11.34
EXTENDED P/L
uNE
NEW MOORING PILINGS
10.69
NEW FINGER 4' X 15'
a 8.33
5.55
C
I' WOOD
WN P1ERHEPp INE DECK
a SO -3 51 NEW 6' WIDE FLOATING DOCK NEW p
0
WOOD DECK 0.65
-z15 -? II 1 BULKHEAD (MHW) I
One proposed 13'-wide wet slip with 4'x 15' finger
60 Ift. of side-to dockage proposed, three slips
All proposed dockage to be public
Note: Proposed building not shown
l0llst
.91
-0.26
0.17
<HEAD (MHW) v
W
0
1.79
J
Base survey and elevations by WK Dickson, Wilmington, NC
Dock added by Land Management Group, Inc
SCALE 1" = 20'
Individual Permit Application
HARBOR VIEW AT ARCADIUS
PROPOSED DOCKAGE Applicant: Harbor View Restaurant Inc.
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
na+a• Am4ionn_ choo+ of

MYRTLE GROVE SOUND
/YACHT BASIN
WOOD DECK
Note: Proposed dock and slips not shown.
WOOD DECK
!t i
PILI G

ELEVATOR
Plan provided by LS3P, Charleston, SC
Some notes added by Land Management Group,
Inc.
SCALE 1" = 20'
Individual Permit Application
HARBOR VIEW AT ARCADIUS
PROPOSED BUILDING Applicant: Harbor View Restaurant Inc.
FOOTPRINT
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 8/3112005 Sheet Of

d concrete pile to
long *oolumn 4*
shown.
to Canal Drive

LS3P ASSOCIATES LTD.
20S 1/2 KING ST. CHARLESTON SC 29401
TEL [phone] FAX [phone]
W W WIMP COM
S
8
Approx. MHW location at Its most landward location.
to Myrtle Grove Sound/Yacht
Basin
TRANSVERSE BUILDING SECTION
r%
Some notes added by Land Management Group. Inc.
LUG 102#23D
Individual Permit Application
HARBOR VIEW ATARCADIUS
TRANSVERSE SECTION Applicatt Harbor View Restaurant Mc.
PROPOSED BUILDING
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County

Nj9g}
GRAPHIC SCALE
00 0 16 30 40 130
( IN nET )
1 tssob - 30 It.
MYRTLE GROVE SOUND
CAROLINA BEACH YACHT BASIN
PA PER DEED
F?
rw
DRIP UN D=
r
CAROLINA BEACH YACHT BASIN -wow DER -
k

CONC. BULKHEAD Q

ONE .TORY O
n a. a ! Q to
.
b
w CA
\ w ra
J O
TOWN OF
CAROLINA BEACH
O

P=Q Lor F9
PARWN LOT
uuauo uNO
ec11 o>ce 3
HARBOR VIEW REST. INC.
t0N PIN 8818-006-027-000
Tor 4u
Wv W aba
D.B. 953,
PO. 674
WV OUT 0.60 160.04
TOP 4u
1.79 WV W ,.71

. 044 IN OUT TOP 4,60 /
IWNV IXR so CANAL

n1 o Au
DRIVE

1- n\ TOP 4.46

WV IN 0.71
py. 4,65
G _ WV OUT C." W MP

1r
4.01
1.97
TOP 4.34 SSYN?
WV 1.74 TOP 4.50
1 WV -2.65
4,08
W 0.68
OUT 0..51
Base survey by WK Dickson, Wilmington, NC
with some notes added by land Management Group Inc.
LMG # 0so4 =
C.C.
ILL
Individual Permit Application
HARBOR VIEW ATARCADIUS
EXISTING CONDITIONS Applicant Harbor View Restaurant Inc,
SURVEY
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 8/3112005 Sheet of

U)
CV
-- --Z
Proposed
Bulkhead
Exist
ng B
w
Existing
Bulkhead
i Cn
Existing ?- Proposed
7L ?f, ropo ed
3 Bulkhead I B Ikhead
MHW INE ?
N
N p

C14
r`
Z
10 000 000so
o O 000

akhead
ulkhead
SCALE 1" = 20'
Proposed Bulkhead, approx. 217 Ift. of
concrete sheet pile. To be aligned no
further than 5' waterward of the existing
bulkhead/MHW. Majority of new bulkhead
to be located landward of existing
bulkhead.
Individual Permit Application
HARBOR VIEW AT ARCADIUS
PROPOSED BULKHEAD Applicant: Harbor View Restaurant Inc.
Location: Myrtle Grove Sound, Carolina Beach,
New Hanover County
Date: 917/2005 Sheet of
W
O?OF A TF9
QG
r
O 'C
Alan W. Klimek, P.E., Director
Division of Water Quality
October 13, 2005
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ward and Smith, P.A.
PO Box 867
New Bern, NC 28562
Subject Property: Harbor View Restaurant Inc.
Ward and Smith:
New Hanover County
On October 13, 2005, the NC Division of Water Quality (DWQ) received a copy of the Corps of Engineers Public Notice
for Harbor View Restaurant, Inc. project. The comment period ends November 2, 2005. An Individual 404 Permit will be
required for this project. Please note that the following must be received prior to issuance of a 401 Water Quality
Certification:
1. The 401 Certification cannot be processed until five (5) complete sets of the application and associated maps is
received at the DWQ Central Office in Raleigh along with the appropriate fee.
Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee
for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than
150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is
$475.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Thank you for your attention. If you have any questions, please contact me in the Central Office
in Raleigh at [phone].
Sincerely, ?j
ti /a"" v
Cyndi Karoly,
401 Oversight/Express Permitting Unit
cc: Corps of Engineers Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Regional Office, Wilmington
Harbor View Restaurant Inc., PO Box 486, Carolina Beach, NC 28428
File Copy
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Harbor View Restaurant (N Hanover)_IP appl fee request
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748