19960389 Ver 1_COMPLETE FILE_19960418

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr„ Governor REcEIVEp
Jonathan B. Howes, Secretary QP
Roger N, Schecter, Director R 1 81996
ENVIRCNMENF4L SCIENCES
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WASH NGTOINEOFFICE
APR 1 6 1996
April 11, 1996
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kellam-France, Inc.
D. E M.
Project Location: North side of US 64/264, Nags Head Causeway, Dare County, Roanoke
Sound
Proposed Project: Construct a 6' x 274' dock, 6' x 15' pier with a 500 sq. ft. covered
platform and 10 boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 2, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY This agency has no objection tc 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
a tached comments.
Signed --- I L"
to the project for reasons described in the
Date (06 1 O ?
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmatlve Action Employer 50% recycled/ 10% post-consumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Kellam-France, Inc.
2. LOCATION OF PROJECT SITE: North side of US 64/264, Nags Head Causeway, west end of
Melvin Daniels Bridge, Dare County adjacent Roanoke Sound
Photo Index - 1989: 150-1 0,P-7 1984: N,O-2/3
State Plane Coordinates - X: 3002400 Y: 798800
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/22/96 04/08/96
Was Applicant Present - Represented Yes
5. PROCESSING PROCEDURE: Application Received - April 8, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Nags Head
Land Classification From LUP - Conservation, Developed
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - On site septic system
Planned - N/A
(F) Type of Structures: Existing - Restaurant, asphalt parking, concrete riprap
Planned - 6' x 15' pier, 500 sq. ft. gazebo, 274' x 6' wide dock
(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 Shaded
Shallow Water Habitat 2,280 sq. ft.
(C) Other Covered
Highground Disturbance 132 sq. ft.
PT Waters Captured 2000 sq. ft.
(D) Total Area Disturbed: 4,412 square feet (.10 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 6' wide x 274' dock, 6' x 15' pier
with 500 sq. ft. covered platform and 10 boat slips along the waterward side of the 274' long dock.
Kellam-France, Inc.
Bio Report
Page Two
Site Description
Kellam-France, Incorporated owns a one-acre restaurant site located on the north side
of US Highway 64/264, on the causeway at the west end of the Melvin Daniels Bridge in
Nags Head, Dare County adjacent Roanoke Sound. The waters of the sound in the vicinity
of this project are classified SA by the NC Division of Environmental Management and are
closed to shellfishing. Since the 1950's this site has been operated as the Oasis Restaurant.
In 1991, in accordance with Nags Head CAMA Minor Permit #91-009 the current owner
installed a new septic system, redirected surface drainage away from the sound and replaced
approximately 6,300 square feet of concrete with open faced paving blocks. The existing
restaurant building, contains 115 customer seats, is served by 42 parking spaces and is
located on a lot with an elevation of approximately 4.5' above NWL.
The parcel fronts US 64/264 for a distance of 430 linear feet and runs along the
shoreline of Roanoke Sound a distance of 485'. The shoreline is protected from erosion by
concrete riprap ranging 6'-25' in width and averaging 15' in width. Along the entire
shoreline riprap extends waterward of the NWL an average distance of 7'.
Across the sound approximately 175' northwest of this site is the shoreline of Pond
Island, Section III, a subdivision constructed in the 1960's of dredged-up material. The
subdivision is now developed with single family residences. Water depths in the channel
running between the two sites are approximately 4.0' at NWL as verified by soundings
carried out on March 22, 1996.
Proposed Development
The applicant proposes to construct the following:
• A 6' x 274' long dock approximately 7' beyond the NWL and parallel the
shoreline.
• Ten boat slips by placing 11 mooring piles 25' to 27' apart along the waterward
side of the 274' long dock.
• A 500 square foot octagonal-shaped platform with roof and open sides at the east
end of the dock with a 53' long pier/walkway providing direct access from the
restaurant building to the platform.
Anticipated Impacts
The construction of the dock, pier, and covered platform will result in the shading of
2,280 square feet of shallow water habitat and the coverage of 132 square feet of highground
located within the Estuarine Shoreline. Approximately 2,000 square feet of Public
Kellam-France, Inc.
Bio Report
Page Three
Trust Waters will be captured by the construction of the shore parallel dock.
No archeological/historical significance has been associated with this site. No unique
remanent species or geological formations are know to exist within the project area.
Submitted by: M. Edward Harrell
Date: April 8, 1996
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name
Address PO Box 686
City Nags Head State NC
Zip 27959 Day Phone _
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax[phone]
c. Project name (if any) Oasis Restaurant
NOTE.- Pennit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
RECEIVED
APR 8 1996
b. City, town, community or landmark
Nags Head
c. Street address or secondary road number
US 64/264 Highway (causeway)
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Roanoke Sound
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.
pier and gazebo
b. Is the proposed activity maintenance of an existing
project, new work, or both? new
c. Will the project be for public, private or commercial
use? o me ci al
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. The dock will be used for
temporary docking by boaters to eat at
the restaurant. The gazebo will be used
by patrons while they wait to be seated.
- the pier pilings will be jetted in
and the pier and gazebo will be
constructed using hand tools.
Revised 03195
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL 1 to 5'
d. Soil type(s) and texture(s) of tract
Sandy psamments
e. Vegetation on tract grass
f. Man-made features now on tract restaurant,
storage shed, deck, rip rap
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
C-2 commercial
1 acre
m. Describe existing wastewater treatment facilities.
3,000 g pd low pressure system onsite
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.) None -
parking area and building storm water
diverted to subsurface infiltration
system.
o. Describe existing drinking water supply source.
Town water supply
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 claims title, plus written permission
from the owner to carry out the project.
Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j•
Has a professional
done for the tract?
If yes, by whom? _
archaeological assessment been
Yes X No
Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 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
Revised 03195
RECEI11t n
F: rm DCM-MP-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 NC Dept. of Transportation
Address PO Box 1405
Phone Elizabeth City NC 27906
Name Violet Kellam / Kay France
Address PO Box 748
Phone Ahoskie NC 27910
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 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.
APR 8 1996
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.
This is the 3rd day of A r I , 19-q-6L-.
Print Name George H. Wood, CEP
Signature
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
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.
Revised 03/95
Form DCM-MP4
STRUCTURES
R WFINFn
APR a 1996
(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.
a. Dock(s) and/or Pier(s)
(1) X Commercial -Community _ Private
(2) Number 1
(3) Length pier 50' dock 274'
(4) Width 6'
(5) Finger Piers Yes X No
(i) Number N/A
(ii) Length N/A f.
(iii) Width N/A
(6) Platform(s) X Yes No
(i) Number 1
(ii) Length 25 octagonal
(iii) Width 25 total 500 sq.
(7) Number of slips proposed 10 g
(8) Proximity of structure to adjacent riparian
property linesclosest +/- 50'
(9) Width of water body +/- 170'
(10) Water depth at waterward end of pier at
MLW or NWL +/- 4'
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)
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
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
ft.
Other (Give complete description)
Kellam - France Inc.
Applican or Project Name
Signature
4/3/96
Date
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
Revised 03/95
REC?IVFD
APP 8 1996
19 December 1995
Kr:LLAM-FRANCE 1NC.
P.O. BOX 686
NAGS HEAD, NC 27959
SUBJ: OASIS RESTAURNNT DOCK CONSTRUCTION
REF : Your Letter dated lO October 1995
GENl'LEMEN :
In reply to your referenced letter, I have no objection to your dock
construction at the OASIS Restaurant.
Sincerely,
k/"&r VIOLET M. 7 L
,. $ATI i 1....? ._ . .
? ..two AP
STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETi JR
GOVERNOR P O Box 1405 SECRETARY
Elizabeth City, NC 27906
[phone]
October 27, 1995
Kellam-France Incorporated
P. O. Box 686
Nags Head, NC 27959
SUBJECT: Oasis Restaurant Dock Construction
CAMA Permit
Dear Mr. Mark France,
This letter is to notify you, that as an adjacent riparian landowner, the
North Carolina Department of Transportation has no objections to the project as
presently proposed and hereby waive that right of objection as provided in
General Statute 113-229.
If you have any questions or need addition information, please feel free to
contact me at [phone]; Fax [phone].
Thank 'ou,
Allen Russell
Assistant District Engineer
NCDOT
0
Personal Account Information Redacted

DEHNR
To: John Dorney
Planning Branch
Fax:[phone] Jul 22 '96 14:18 P.13/18
DIVISION OP W4MORIIWAL MANAGEHENT
CAMAICOR PM09T APPLICATION REVIEW
WaRO PROJECT d •• WQ SUPE TVISOR: THO g +
REVIEWER: SAWYER DATE:
WETLAND INFORMATION FOR C171P:MAL OFFICE TRAaMG PERMIT YR: 9 PERMIT NO.
COUNTY: ?%??
PROJECT NAME: 4
, Fl
PROJECT ME I •1 •F- iC? uim TYPE: E
WE 461`0 6
RcD FROM GAB: DQi DATE FROM CDA: /
REG OFFICE: WaRO SUB BAS #: -RIVER AV STREAM OR AI)JACENT WATER BODY: 1
CLASS: ? STREAM INDEX
OPEN OR C S
WL IMPACT. WL TYPE:
WL REQUESTED : WL ,ACR EST :
HYDRO C nCT? : ILL SCORE:
HITIC.ATION: MITIGATION TYPE:
MITIGATION SIZE: ..FATNG SHEET ATrACHSD?
RECOMKENDATION: SUg:= ISSUE/C M DENY
STORMWATER PLAN 2MQ'A: ?
PROJECT DESCRIPTIONc
HOLD 4
r
Ir YES, DATE APPROVED; WATER UALTE7 CERT. (4 )
CERT. REQ'Dr
IF YES, TYPE:
SEWAGE DISPOSAL
',TYPE OF DISFOS.A?- P-R0PQSED:
49
ISTIDFG, FROPOSED,
TO BE PERMITTED BY:
(DEM, DES, Co )-
4L-p) c ac- a, A-

PERMIT ISSUANCE PROBABLE:
USE?
WETLAND : -10
DRELCING
IF BY DEM. IS SITE AVATLABLE AND
WATER/WETLA0 FILL
AREA OF FILL: WATER : `-•a
IS FILL ELIMINATING A SIGNIFICANT
AREA TO BE DREDGED,
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE TM FOLLOWING ADEQUATELY
SEWAGE DISPOSAL:
OXYGEN IN BASIN:
ADDRESSED? A) N
MARINA SERVICES:
CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files,* DCM Field Offices; COE Washingt-in office
r %b.
DEHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
To: Din Moore, Environmental Engineer
Water Quality Section, WaRo
From: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
Date:
Subject: Request for Stormwnter Review of section 401 Applications
PROJECT NAME : / d g? . & "'
PROJECT NUMBER: )Mr1 J 2' e) DATE RECEIVED: ° ? ` ' /?'g-

DATE FINAL COMMENT
Fax:[phone] Jul 22 '96 14:19 P. 14118
a
211r'
NOTE: See attached description of project
COMMENTS: