20040136 Ver 1_COMPLETE FILE_20040130

MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Triple J Ventures, LLC (J• Fritters Raw Bar) County Carteret
Project Number 04 0136 County2
Recvd From DCM Region Wilmington
Received Date 1/30/04 Recvd By Region
Project Type expansion of non-conforming structure
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
LAMA coastal OO Y O N F__20-36-14 SC F__30,503. 0.16
non-vegO Y ON F-F- SA I _ F_ F_ F- ? F-
F_ r
OY ON r I-F__F_7__F__F__F_ I -F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to the eject as proposed, A? O -: -Certjfig,,at*gn ig„ of
r : 02/09/2004. N L
cc: Regional Office
Central Office Page Number 1
A?
NCDENR
North Carolina Department of EnvironmA1W%t'M4Wrces
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Directo;IAN 3 0 ZOWIliam G. Ross Jr., Secretary
WATER QUALITY SECTION
January 26, 2004
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
040130-
Mr. John R. Dorney
Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Triple J Ventures, LLC
Carteret County: Town of Morehead City waterfront, 513 Evans Street, adjacent to
Morehead Channel
The applicant proposes to vertically expand an existing non-conforming structure,
add a covered entrance, construct a 4' x 60' dock, and install an uncovered boatlift.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 9, 2004. If you have any questions regarding the proposed project, please contact Ted Tyndall at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

DCh1 % DWQ %
Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 23411
I. Private, non-commercial
development that does not involve 5250 100%(S250) 0°'0 (SO)
the filling or excavation of any
wetlands or o
II. Public or commercial development
that does not involve the filling or y:OG 100°0 (5400) 0°6 (SO)
excavation of any wetlands or open
water areas:
filling and/or excavation of up to
acre of wetlands and/or open water
areas, determine it A. B. C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality S2'_0 100-1.(S250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
1(8): Fcr pudic or commercial
deve'opme-,;, if General water Quality S4GJ 100% (S400) 0°,6 (SO)
Car i'lza:icn,, No.3301 (see a,".ac:-.ed)
can be applied:
III(C). If General Water Qualit/
Certification No. 3301 (see attached)
could be applied, but DCM sta"
dete mined that additional revie,v and S-00 60°6 (5240) 40%. (5160)
written D`: Q concurrence is needed
because cr concerns related to water
qualit/ or agjatlc life:
III(D). If Gene-al Water Quallt/
Certilcation No. 3301 (see attached) S4CO 60°,6 (5240) 40% (5160)
can not be applied:
IV. For development that involves
the filling ard;cr excavation of more S47 60% (5285) 401,6 (5190)
than one acre of wetlands and/or
open water areas:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION. REPORT
1. APPLICANT'S NAME: Triple J Ventures LLC
2. LOCATION OF PROJECT SITE: Carteret County, Town of Morehead City waterfront, 513 Evans
Street, adjacent to Morehead Channel
Photo Index - 2000: 41-526 (indexed by S,T-16) 1995: 42-527 (indexed by S,T-1)
State Plane Coordinates - X: 2,687,800 Y: 360,600
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous times; latest on January 23, 2004
Was Applicant Present - Yes previous times; No last time
5. PROCESSING PROCEDURE: Application Received Complete - January 16, 2004
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Morehead City
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CS, EW and PTA
(C) Water Dependent: Dock yes, Restaurant no
(D) Intended Use: Commercial
(E) Wastewater Treatment: Municipal sewer
Planned - Same
(F) Type of Structures: Existing - Commercial building and dock
Planned - Second and third floor additions, dock expansion, and boatlift
(G) Estimated Annual Rate of Erosion: N/A
Source: N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 402 ft2 usurped by
Estuarine Waters and Public Trust boatlift and dock;
Areas of Morehead Channel vertical expansion
of 5,400 ft2
(C) Other Vertical expansion
Coastal Shoreline on concrete pad of
1,008 ft2
(D) Total Area Disturbed: 6,942 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to vertically expand an existing non-conforming
structure, add a covered entrance, construct a 4' X 60' dock, and install an uncovered boatlift.
FIELD INVESTIGATION REPORT:
TRIPLE J VENTURES, LLC/CARTERET COUNTY
PAGE #2
-------------------------------
9. NARRATIVE DESCRIPTION
Project Setting
The applicant owns the old "Lucky International" seafood building located at 513 Evans
Street on the waterfront of the Town of Morehead City, Carteret County. The 59' X 91.4'
single story building (5,400 ftz) is located on Morehead Channel and is considered non-
conforming since it is located waterward of the concrete bulkhead along the shoreline. A 25'
X 35' concrete pad/driveway connects Evans St. and the structure. A restaurant, also
considered non-conforming, is located immediately east of the property while 6``1 Street
extended (Town of Morehead City property) is located immediately to the west. An
approximate 14' wide dock is located near the front of the west side of the building that
eventually tapers down to a 7'-wide walkway along the rear of the building. Access stairs to
the roof/second floor is located on this part of the dock and lead to the roof where an enclosed
structure was previously located prior to its removal a few months ago. According to the
survey, the dock and stairs appear to encroach over the Town's property line. A 13' X 70'
dock spans the entire width of the waterward side of the building while a 4.5' x 20' access
walkway is located near the front of the building along the east side. The site is within the
corporate limits of Morehead City, is in a central business district where there is minimal
undeveloped land and is served by central sewer, town water, solid waste management, and
police and fire protection.
Project Description
The applicant proposes to improve the old "Lucky International" seafood building in order
to conform with FEMA and local building code and in doing so expand the non-conforming
building vertically (to 3 floors) to make it large enough to fiscally support a restaurant
business. The vertical expansion will take place on the existing 5,400 ft'- footprint and would
involve the addition of a 3,150 ftz second story and a 900 ftz third level. According to the plats
submitted in the application, the second level would extend 27' above the existing roof, while
the peak of the roof for the third level would extend another 40' above that. The total height
of the building would be 88' above the existing concrete floor. The applicant is also proposing
a 28' X 36' open covered entrance along the front and a 12' X 59' awning covering the dock
along the back or waterward side of the building. The applicant also proposes to install a 12'
X 22' boatlift along the west side of the property by cutting into the existing dock. Finally, the
applicant proposes to extend the 4.5' X 20' access along the west side of the building to the
back dock by extending the access some 60'.
Anticipated Impacts
Vertical expansion of the non-conforming structure would not increase the existing footprint.
However, installation of the 12'-wide awning along the back of the building over the existing
dock would create additional roof/coverage over the Estuarine Waters and Public Trust Areas
of Morehead Channel. The installation of the 12' X 22' uncovered boatlift along the west side
of the building and the installation of the 4.5' X 60' access walkway along the east side of the
building would usurp some 402 ft' of additional Estuarine Waters and Public Trust Areas
FIELD INVESTIGATION REPORT:
TRIPLE J VENTURES, LLC/CARTERET COUNTY
PAGE #3
(although given the close proximity of the two buildings, the area is essentially removed from
the public's use already). One concern is the ownership of the property to the west. It appears
to be on Town property and no permission to proceed with a permit application for the lift is
provided. Similarly, there is no waiver from the 15' setback for both the dock and the access
boardwalk. The open but covered 1008 ftz front entrance would be located over existing
concrete. Unfortunately the applicant has provided no documentation on compliance with
parking, height restrictions, setback requirements, etc. for the proposed vertical expansion.
M. Ted Tyndall - Morehead City - January 26, 2004

Form DChi-MP-1
<y'PLICATION
(To be completed by ail api.,;;car,t,
1. APPLICANT
a. Landowner:
Name Triple J Ventures L.L.C.
Address 5095 4rPnrlP11 Rt
City Morehead Cite State N_C_
Zip 28557 Day Phone -(252) 7 5- 975
Fax [phone]C',81
b. Authorized Agent:
Name John J; McCann
Address 5n95 erendell St--
C i,y Morehead City State N_C_
b. City, town, community or landmark
Morehead City, North Carolina
c. Street address or seconJa.-y road number
513 Evans St.
d. Is proposed work within city limits or planning
jurisdiccioc:: X Yes No
e. Name of body of water nearest project, (e.g. river,
creek, sound, bay) Morehead Channel
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Proposed Restaurant Existing SL=cture
Zip 28557 Day Phone [phone]
Fax t9590 944-20€1
c. Project name (if any) J. FRITTERS RA[; BAR
NOTE: Perndt will be issued in name of land-r(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Will the project be for public, private or commercial
use? Commercial
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. -Pt6ed
a. County ,q rtnret
Form DCNI-NIP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 984 X 58'
b. Size of individual lot(s) NA
C. Approxim6at57plevation of tract above MI-IW or
NWL
d. Soil type(s) and texture(s) of tract
Concrete D^rk ctrnCtnrP
m. Describe existing wastewater treatment facilities.
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.)
No Discharges Pub is svatPm
o. Describe existing drinking water supply source.
Public system
e. Vegetation on tract *'one
f. Man-made features now on tract Fva t, n?
Structure with docks
g. What is the CAMA Land Use Plan land
classification of the site? (consult tv local land we plan.)
5. ADDITIONAL TNFORNLANION
In addition to the completed application form, the
following items must be submitted:
Conservation Transitional
, • A copy of the deed (with state application only) or
__
_
X Developed Community
other instrument under which the applicant claims tide
Rural Other to the affected properties. If the applicant is not
claiming to be the owner of said property, then
h. How is the tract zoned by local government? forward a copy of the deed or other instrument under
Commercia which the owner claims title, plus written permission
from the owner to carry out the project.
Is the proposed project consistent with the applicable
i
.
zoning? X yes No
• work plat (including plan view
An accurate, dated
(Attach coning compliance eeriificatt, fJuppGcab(a) and cross-sectional drawings) drawn to scale in black
Hasa professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to
ources Commission Rule 71.0203 for a
l R
1' X No
done for the tract? Yes es
Coasta
detailed description.)
If yes, by whom?
Please note that original drawings are preferred and
k. Is the project located in a National Registered only high quality copies will be accepted. Blue-line
Historic District or does it involve a National prints or other larger plats are acceptable only if an
Register listed or eligible property? adequate number of quality copies are provided by
Yes X No applicant. (Contact the U.S. Army Corps of

Are there wetlands on the site? Yes ,? No
1 Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
.
Coastal (marsh) Offer -- requirements and it must be sufficiently detailed to
If yes, has a delineation been conducted? - guide agency personnel unfamiliar with the area to the
(.4rtad+ doc><nuntation, iJa`'ailable)
Form DCNI-',[P-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Mr Randy Martin C
Address 706 Arendell Sty.
Phone [phone]c-- 13
Name Mr. Ted Garner Sanitary Restaurant
Address i" ` ns '
_t
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permircee, and issuing dates.
None a5 of vet
• A check made payable to the Department of
Environment, Health, and Natural Resources
(DEHN-R) 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 land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
TO ENTER ON LAND
6. CERTIFICATIONT ANrD PERMISSION
1 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 ii 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 aforemention,?d 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.
2CC3
This is the 12 day of LeL rnbe_r 19
6 3
Print Name John J. 1',1cCann Jr.
Signature
x?ur or AuAorzed Agora
Please indicate attachments pertaining to your proposed
project.
_ 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 M2-6 Marina Development
NOTE: Please sign and date each arrachment in the
space provided a: the bottom of each form.

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EVANS ST.
60' R111' (PUBLIC)

?a s EASEMENT TO THE TOWN
OF MOREHEAD CITY
SEE DB 508 PG 417 &
w MB 21 PG 92
v 202 sq ft+/-

In°?` CP
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3 AGREEMENT FOR EVANS STREET.
fERS ?F B?GUE SOUND FOLLOW BULKHEAD
ILITY EASEMENTS OF RECORD IF ANY.
GRAPHIC SCALE
0 10 20 40
( IN FEET )
1 inch = 20 ft.
LEGEND
'X' MARK IN CONCRETE
DB DEED BOOK
MB MAP BOOK
PG PAGE NUMBER
CP COMPUTED POINT
so
I CERTIFY THAT THIS SURVEY IS
Form DCNI-NIP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed Two roof structures to
provide shelter for dining guests, con-
structed of wood and tin.
b. Number of lots or parcels one _
c. Density (give the number of residential units and the
units per acre) Non-residential
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. None to be dis-
turbed.
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
If yes, date submitted
f. List the 'materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
N/A
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
If yes, date submitted
i. Describe proposed method of sewage disposal.
"already existing city sewer on site"
j. Have the facilities described in Item i. above
received state or local approval? yes
(Attach appropriate documer.:ation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
N/A
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Public svstem (Morehead City)
m. Will water be impounded?
If yes, how many acres? _
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? -D;/, - -
g. Give the percentage of the tract within 75 feet of
NIHW 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
vehi;ular drivewavs or parking. 5°% < I believe entire
tract within 15' is already impervi
ous
T Frittars / Triple J Ventures i.- C.
AppiiP r Name
S'A ture
12/12/03
Dace
Yes _y No
I
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i
{
i

South side waterfront

Northside facing Evans St
1 ,

IL
----I - - - -- -- --- ----

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eta
41
i
Form DCM-MP-3
12-12-C:3
Proposed Awning/shelter
111-161

Proposed
structure
Existing concrete
Proposed
Awning
Existing Dock',
7,0,W ?A(L
mo?E?1?,? GkY V1.C1
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Form DCiii-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
Existir, Proposed
a. Dock(s) r Pier(s)
(1) _y Co mercial -Community _ Prie
(2) Number on,. contiguous dock 60
(3) Length 60' + 110' + 20'
(4) Width 6V + 15'+ 4' 6" 41611
(5) Finger Piers Yes x_ No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number _
(ii) Length
(iii) Width
(7) Number of slips proposed (rxis tines
(8) Proximity of structure to adjagent zt ?rian
property lines t 5' oa t l?t t
(9) Width of water body 3R5'
(10) Water depth at water-ward end of pier at
NILW or NWL 12'
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys N/A
(1) _ Commercial -Community - Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial Community X Private
(2) Number AT 1
(3) Length 22.
(4) Width I 12'
g. Other (Give complete description)
S'tQ ;ttg'614Pd
J. Fritters Raw Bar / Triple J _Ventures
Appli P 'ect N? _ ,,.
sig lure
12/12/03
Date
Revised 03/95

a,ano glow-,
JAN 16 2C,04
71,
i
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4AVt.?!
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pg.1
12-12-C3
Form PCM-MP-4 Fast side of Building
Sect. A V-16' scale
Proposed dock addition
PKVPCSED
GDS
Form DCM-MP-4
sect. 1A
Dilr.Dncrn ?nny-1-1
EXISTING POCK

pg.2
10-12-C3
Eastside Top view
V-16'
Proposed dock addition
I
- i
EXISTING LOCK

r

Form DCM-14P-4
section A
Pg• 3
12-12-C3
Westside of building
Proposed Boat lift
1"-16' scale
;I
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it
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w' _ -_------__-=- - --- -
\T.
10 •
cvrc y -Y?y?sY i ?? 1`7
/ / 45 \? I(J ` ! ( / 1 ?` ?l!( l
17/7
f a) ?r,aN M r t,? roposed boatlift -- - -- ---?
6- ?. L??4LY l'71 UIN 'G?<?-ni Lr_=?G..U F?/:?:or.k 3[D ??t?
r -
Formm DCM-MP-4
section A
14,

------- - _?n
Ip
II _
pg. 4
12-1 3
west side view
Proposed Boatlift
111-16'