19950194 Ver 1_COMPLETE FILE_19950313

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
April 26, 1995
MEMO
TO: John Parker
FROM: John Dornegvp
RE: Water Quality comment
Town of Carolina Beach - Sweetwater Cafe
DEM # 95194
New Hanover County
DEM staff have reviewed the plans to construct a second flor
to the Sweetwater Cafe. We have no water quality-related
concerns about this project.
Please call me at 733-1786 if you have any questions.
95194.mem
cc: Wilmington DEM Regional Office
Central Files
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7.
DIVISION OF COASTAL MANAGE
. FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Town of Carolina Beach - Sweetwater Cafe
LOCATION OF PROJECT SITE: Adjacent to the southwest corner
Yacht Basin at 106 Carl Winner Ave., Carolina Beach
Photo Index - 1989: 178-9 Gr. 8-0 1984: 17-211 Gr. 16
State Plane Coordinates - X: 2335400 Y: 105700
INVESTIGATION TYPE: CAMA
IlWESTIGATIVE PROCEDURE: Dates of Site Visit - 10/25/94
Was Applicant Present - Yes
PROCESSING PROCEDURE: Application Received - cc: 02/09/95
• Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - Carolina Beach
Land Classification From LUP - Developed
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Municipal
Planned - Municipal
(F) Type of Structures: Existing - Restaurant
Planned - Restaurant
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
I*# oft
HABITAT DESCRIPTION: [AREA]
np,pnnrn 1UTT T 1011 TXTt",r% %T%
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other Highground 194 sf
Open Water 1442 sf
(D) Total Area Disturbed: 1636 square feet
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: Applicant proposes to add a second story to a structure that is
currently non-conforming in that it is a non water dependent use over the Public Trust Area.
Town of Carolina Beach, Sweetwater Cafe
Page 2
9. PROTECT DESCRIPTION 02/08/95
The project site is locally known as the "old Skippy Winner Fish House". The building is owned by
the Town of Carolina Beach, and sits in the southwest corner of the municipal marina in the Carolina
Beach yacht basin. The building has housed a number of businesses over the years, such as a fish
house, tackle shop, restaurant, and bar. Recently, the town has leased the building to J.B. Gerald to
be operated as the Sweetwater Cafe. Mr. Gerald has renovated as much as possible under the
maintenance provisions set forth in G.S. 113A-103(5). His proposal is to enlarge the structure by
adding a second story.
The municipal marina surrounds the southern end of the Carolina Beach Yacht Basin off of Snow's Cut
and Myrtle Grove Sound. The marina was originally developed in 1928. It has been upgraded and
renovated with Dredge and Fill Permits in 1970 and 1972, and with CAMA Major Permits numbers
153-83 and 47-89. The marina - including boardwalk, bulkhead, parking, structures, and continued
maintenance - has been funded out of the Carolina Beach General Fund.
The marina, as well as the yacht basin itself are heavily used by boaters. The basin is scattered with
docking facilities which support a variety of charter fishing and party boats, as well as private fishing
and recreational vessels. The boardwalk around the southern end of the basin has been maintained for
public use since its construction.
The Carolina Beach Yacht Basin is not a designated Primary Nursery Area; it is closed to the taking
of shellfish, and the waters are classified SB by the Division of Environmental Management. The
Carolina Beach Land Use Plan classifies the project area as Developed. The tract in the southwest
corner, which is the subject of the current proposal, is approximately 3244 square feet in size, and is
5.76' above mean sea level. The building now operating as the Sweetwater Cafe is mostly over the
water, and partially over high ground. The site is 100% impervious within . the Estuarine Shoreline
AEC. The business utilizes the Municipal Sewage Treatment Plant.
The building has a first floor with approximately 1403 square feet of enclosed floor area. There is a
roof overhang to the east of 4'4", and to the north of 4'6". There is an awning installed recently
extending beyond the roof line that incorporates the public walkway on the east, and part of the
walkway to the north. The awning was authorized under the statutory exemption excluding it from the
definition of development, in maintaining consistency with previous project decisions. The
determination has been made in the past that the nature of awnings is non-substantial, and temporary.
However, the substantial nature of this structure may necessitate a change in that interpretation for
future decisions. The magnitude of this awning is such that it supports ceiling fans and suspended light
fixtures, and has plastic walls zipped and connected with eye-bolts to the floor. This has, in effect,
added approximately 931 square feet of enclosed floor space. According to the submitted plats
indicating the bulkhead line, the entirety of this structure except approximately 194 square feet is over
the water. A total of 2788 square feet of Public Trust Area is incorporated presently by the restaurant
and decking on which it is constructed. The restaurant, with roof overhang and awning occupies 2567
square feet of this.
On the north side of the building, the boardwalk parallels the building for 9'8" by 34', and is used for
I restaurant seating. It turns and continues north beyond the property. The boardwalk on the east side
of the building is now under the restaurant awning, and is used for restaurant seating. The walkway
turns and continues east beyond the property.
The current business owner has utilized the flat roof for second floor outdoor seating. His desire
through this permit process is to enclose this area, following the roof overhang to the first floor. This
would enclose approximately 1636 square feet, more than doubling the enclosed size of the structure.
There is no development proposed for the ground level, or the deck/boardwalk area.
Prior to constructing the awning, the owner of the business installed a stormwater system in order to
bring the project into compliance with the stormwater rules "to the greatest extent practical." This was
necessary due to the fact that the lot is 100% impervious, and the placement of the awning would
worsen this condition. The plan was reviewed by DEM, and was determined to improve the current
situation. However, because the stormwater system was voluntary and no permit application was in
process, there was no review for consistency with current stormwater rules. The plan has now been
submitted as part of the permit package, and may require modification.
10. ANTICIPATED MPACTS
The boardwalk around the Carolina Beach Yacht Basin is a significant tourist attraction for viewing the
return of fishing boats at the day's end, for weigh-ins during local tournaments, and for departures and
arrivals of head boats and charter vessels. As well, there is a significant amount of private commercial
and recreational use of the marina and facilities. The owner of the restaurant states that the public is
allowed to pass through the restaurant to continue along the boardwalk, and thus, the business is not
restricting historic public access. This field representative has tried on numerous occasions to pass
along the boardwalk in evaluating the public right of access. Though one can enter the restaurant
awning with ease, it is not so easy to continue along the boardwalk. There are tables set throughout
the area, and several metal structures bolted to the deck that appear to be a type of service center.
When the far side of the boardwalk is reached, one must unzip and disconnect the awning from eye
bolts to continue to the other side of the public walkway. Only locals very familiar with the situation
would know that they are entitled to do this.
The situation is made worse by the fact that the area is no longer handicapped accessible. There are
many obstacles within the restaurant facility that would impair wheelchair mobility to access the west
side of the boardwalk from the south.
The restaurant facility has effectively isolated the west side of the boardwalk from the south and east
sides. However, if realistic provisions are made to restore the historic use of this publicly funded
boardwalk, the addition of a second story to enlarge the business should have little impact on the
enjoyment of the public accessway.
The project currently incorporates approximately 2788 square feet of Public Trust Area, and is a non
water dependent use. Of this, approximately 2567 square feet is directly within the confines of the
restaurant, and the remainder is public decking utilized for seating. The management objective of the
Public Trust Area is "to protect public rights for navigation and recreation". One way in which this
objective is ensured is through the exclusion of non water dependent uses within this area. This project
is not water dependent, and therefore inconsistent with T15A: 07H .0208. However, the public trust
impact from this project is existing, and is a grandfathered use. The Coastal Resource Commission
dealt with this issue in 1991 with the revision to T15A: 07J .0200 to include .0211. The rule states that
the replacement of a non-conforming use will be allowed only when all of a series of four criteria are
met. The first of these states that "the structure will not be enlarged beyond its original dimensions".
The current proposal would add approximately 1636 square feet to the existing structure.
Submitted by: T. Barrett Date: 02/09/95 Office: Wilmington
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stonnwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name Town of Carolina Beach
Address 1121 N. Lake Park Blvd.
City Carolina Beach State NC
Zip 28428 Day phone [phone]
X Landowner or Authorized agent
b. Project name (if any) Sweetwater Cafe,
Town Marina
c. If the applicant is not the landowner, also give the
owner's name and address.
2
a.
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New work - addition
c. Will the project be for community, private, or
commercial use?
The project is for private commercial use
of leased publicly owned property.
d. Describe the planned use of the project.
Expansion of the existing private restaurant
(Sweetwater Cafe) leased from the Town as
part of its Municipal Marina.
4 LAND AND WATER
CHARACTERISTICS
? izeof entire tract 3243.75 sq. ft. ± (.074 ac)
?1,57r ,1?: II \771 cI -
J? b.! ? ze of individual lot(s) n/a
3 JAN v C 1995 c. levation of tract above mean sea level or
National Geodetic Vertical Datum
LOCATION OF PROPOSEDDIvISION OF 5.76 feet above M.S.L.
PROJECT COASTAL MANAGE?E oil type(s) and texture(s) of tract
Urban land (Murville-Seagate-Leon Association)
Street address or secondary road number Source: US Dept Agriculture, Soil Conservation
106 Carl Winner Avenue e. Vegetation on tract Service
None
b. City, town, community, or landmark
Carolina Beach - Municipal Marina
c. County New Hanover
d. Is proposed work within city limits or planning
jurisdiction? town limits
e. Name of body of water nearest project
_Myrtle Grove Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
f. Man-made features now on tract Existing marina
restaurant, docking slips, wa cway, u head.
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
X Developed Community
Rural Other
IL How is the tract zoned by local government?
MB-1 (Marina Business Zoning District)
i. How are adjacent waters classified?
SB
a. Describe all development activities you propose (for j
example, building a home, motel, marina, bulkhead,
or pier). Addition of enclosed 2nd floor
above, and within the confines of. the
perimeter of the existing 1st floor which
is presently a restaurant (Sweetwater Cafe),
leased from the Town of Carolina Beach as
3/91 part of its Municipal Marina.
Has a professional archaeological survey been
carried out for the tract? If so, by whom?

5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structuresproposed 1 (2nd floor addition
to existing facility)
b. Number of lots or parcels 1
c. Density (Give the number of residential units and the
units per acre.) n / a
d. Size of area to be graded or disturbed
_None (Expansion above exsting facility.)
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? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
1452 sq. ft. roof + 633.5 sq. ft. awning
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
None.
h. If applicable, has a stonmwater management plan
been submitted to the Division of Environmental
Management? Yes (attached)
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
Tien in to existing municipal services,
m. Water supply source Municipal services
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accesswa ?saor provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? n/a
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7). N/A
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin n
U K,
Other (break I
water, pier,
boat ramp,
rock jetty)
Fill placed in CO AS
wetland or below
MHW
U
J N3G19`
O VISION F
j. Have these facilities received state or local approval? Upland fill
Yes areas
L Describe existing treatment facilities.
H ncipal_ services.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). None
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
2 3/91
f. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in
feet
g. Location of spoil disposal area d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
h. Do you claim title to the disposal area? mean high water
If not, attach a letter granting permission from the
owner. f. Type of fill material
i. Will a disposal area be available for future
maintenance?
If so, where? 8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland,
swamps, or water areas? In addition to the completed application form, the follow-
ing items must be submitted:
Names/Address
k. Will the fill material be placed below mean high A copy of the deed (with state application ohily) or other
water? instrument under which the applicant claims title to the
1. _
ected property. If the applicant is not claiming to be
Amount of fill in cubic yards
i
f
id
h
f
f
h

(?
I t
sa
e o er o
property, t
en
orward a copy o
t
e
h
d?
?
d
i
i
h
m. Type of fill material
I i er
e
e
r ot
nstrument under wh
the owner claims
c
`- ( _ t) I y,) e, plus written permission from the owner to carry out
n. Source of fill material the project.

o. VISION OF
Will fill material be placed on mar
h
;
L
5
,
s
iii-j,
1 A
iA ; EP-0k- Rcurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
p. Dimensions of the wetland to be filled 1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 710203 for a detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled? 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 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part
(for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed
dredge)? to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
s. Will wetlands be crossed in transporting equipment the like.
to project site? If yes, explain steps that will
be taken to lessen environmental impacts. A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
7 SHORELINE STABILIZATION' on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
a. Length of bulkhead or riprap N/A that opportunity.
b. Average distance waterward of mean high water or
normal water level
3/91

Name f ?__ (-- `41-1-7 - ??
Address \77 M
Name
Address
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in re ,ponce 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 ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further 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
project
This is the day of,s dZ0 ?C-yt? , 19 9
own" Authorized agent
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MUNICIPAL MARINA PROPERTY
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HARRY E. OAKES, DIRECTOR OF PLANNING/DEVELOPMENT
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KLEIN ENGINEERING 322 South 4th Street
401
AND ASSOCIATES Wilmington
(910) 763- 900
August 17, 1994
Mr. Randall Bray
Randall Bray Associates
P.O. Box 331
Wilmington, NC 28402
File No.: 9440/16
e 7
L? i A 31 G 1995
Re: Sweetwater Cafe, Carolina Beach, North Carolina DM!-SIs©N OF
Items for Stormwater Submittal COASTAL MIANAG EM ENT
Dear Mr. Bray:
Please find enclosed items for treatment and disposal of
stormwater for the above referenced project:
five (5) copies of the Site Plan
five (5) copies of Design Calculations
The proposed,{method is intended to handle the first one (1) inch
of runoff frofi the roof areas which typifies DEM water quality
standards.
It is our understanding that the submittal may require amendment
upon CAMA review due to lack of detail which is beyond the
current Scope of Work. We would recommend that the following
items be addressed: obtaining an accurate survey of actual roof
areas to be handled and elevation data for piping connections;
use of an overflow should the trench system capacity be exceeded;
coordination with possible conflicts with piping within the
adjacent parking facility; and, additional soil testing to
determine water table elevations and soil characteristics.
We hope the enclosed information is found satisfactory for your
needs. Should there be any questions concerning the enclosed
information, please feel free to contact our office.
Sincerely,
KLEIN ENGINEERING AND ASSOCIATES
FHN K. KLEIN, PE
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PROJECT NAME: SWEETWATER CAFE
LOCATION: CAROLINA BEACH HARBOR
CAROLINA BEACH. NC
OWNER: BUDDY GERALD
ADDRESS: P.O. BOX 4218
WILMINGTON. NC 28406
PHONE NO.: [phone]
z
RECHARGE TRENCH CALCULATIONS
Design a subsurface disposal system for stormwater generated
from the 1-inch storm for the roof area. (Water Quality Stds.)
GIVEN:
Design Storm: first one (1) inches of runoff
Soil Type: Silty Sands
Perc Rate Range: 0.05 to 0.50 CF/SF/hr
Use: 0.05 CF/SF/hr
Roof Area: 2900 SF
DESIGN:
1. Runoff Volume (V):
V = Roof Area x Rainfall Depth - ?\4
2900 SF x 1"/12 U) E
= 241.7 CF ??
JAN 3 0 1995 ?
2. Trench Design:
Bottom Width = 2.0 ft
Sideslopes (V:H) = 2 ft/ft 0IN C-) F
Depth = 2.5 ft
Pipe Diameter = 12 in
3. Storage capacity of Trench given the following:
Area of Trench = 8.13 SF
Area of Pipe = 0.79 SF
assume: 35 % voids within gravel (Conservative)
effective gravel volume: 2.57 CF/LF (excludes pipe area)
pipe volume: 0.79 CF/LF

Total storage rate: ---------
3.35 ------
CF/LF
4. Required Trench Length to Store Volume (L):
L = V / storage rate
241.7 CF / 3.35 CF/LF
72.0 LF
Use: 75 LF
5. Time to Discharge (T):
Volume = 241.7 CF
Bottom Trench Surface: 2.0 SF/LF
Discharge Rate: 0.05 CF/SF/hr
Total Bottom Surface Area =
2.0 SF/LF x 75 LF = 150 SF
Total Trench Discharge Rate =
0.05 CF/SF/hr x 150 SF = 7.5 CF/hr
Therefore, Time to Discharge (T) =
241.7 CF / 7.5 CF/hr = 32.2 hrs.
or 1.3 Days
6. Recommendations:
Based on the above, use a trench length of 75 LF.
Sweetwater Cafe Recharge Trench Calculations
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