19813_ERNST, ROBERT_19990108

CAMA AND DREDGE AND FILL
GENERAL` '
JAN 21 1999
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC
Applicant Name ' AA.S � �%U � /
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Phone Number
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Project Location (County, State Road, Water Body, etc.)
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Type of Project Activity
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PROJECT DESCRIPTION SKETCH \i _i V (SCALE:
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Pier (dock) length `} --'��• ��� ,ti P- U, +- A tj
Groin length
number
Bulkhead length
max. distance offshore
Basin channel dimensions
t n
cubic yards
Boat ramp dimensions �-
Other (o y
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
(� applicant's signature
permit officer's signature
issuing date expiration date
attachments if1 , -)O':`)
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
application fe o f Sni " oe --9 11-7 j

State of North Carolina
Deportment of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Donna D. Moffitt, Director
TO: Mary Penny Thompson
Associate Attorney General
Department of Justice
Environmental Division
FROM: Jim Gregson*�;`'
Field Representative
THROUGH: C. Robert Stroud, Jr.
District Manager, Wil ington
DATE: February 2, 1999
SUBJECT: CAMA General Permits No
Robert Ernst
New Hanover County
4�•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
018372-D and 098-13=-D N 13
FEB 10 1999
Z��
In light of recent concerns expressed by property owners within the Shinn Point Subdivision
regarding the construction of a pier by Mr. Robert Ernst, I am providing you with a brief history of the
Subject project, copies of letters from Homeowner's Association members, as well as a letter of objection
from an adjacent riparian property owner. It is my understanding that several residents within the
subdivision have filed third party appeals.
On March 31, 1998, I met with Mr. Pat Burn, owner of Boat Lifts and Marine Construction of
Wilmington, Inc., to look at a proposed pier project on Shinn Point Canal. The�prcject is located on
NCSR 1513, between lot 18 and lot 19 in Shinn Point Subdivision, Section 1, adjacent to a community
boat ramp owned by the Shinn Point Homeowner's Association. Mr. Robert Ernst, who lives at 809 Inlet
View Drive, in Shinn Point Subdivision proposed the construction of 6' X 239' pier, two (2) 12' X12'
floats, and a 12' X 12' boat lift. The issuance of a General Permit for the proposal was delayed for some
time until a Notice of Violation, issued to Mr. Ernst for unpermitted excavation at the site, could be
resolved (See CAMA Violation # 98-66D). On July 10, 1998, General Permit No.,.018372-D was issued
to Mr. Ernst for the proposed pier project. The permit was issued based on statements of no objection
from both adjacent property owners (Dr. Robert K. Creighton, Jr., M.D. at Lot 19 to the east and the
Shinn Point Homeowner's Association to the west). Due to the fact that the applicant was on the Board
of Directors of the Homeowner's Association, I required the owner of Lot 18 (Dr. James E. Vann) to be
notified as well. A statement of no objection was received from Dr. Vann.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

►+
Memorandum
Mary Penny Thompson
February 2, 1999
FEB 1 0 1999
On October 28, 1998, Mr. Ernst requested a modification to the permitted structure that would
allow the conversion of three slips to boat lifts, as well as the enlargement of the existing permitted lift.
Based on a site inspection on November 24, 1998, it was discovered that an additional 6' X 50' extension
to the pier had been constructed without authorization. A Notice of violation was issued to both Mr.
Ernst and the contractor, Mr. Pat Burn (See CAMA Violation # 99-011)). Mr. Ernst's Notice of
Violation was resolved and Mr. Burn's Notice of Violation is still pending. Conversations with Bill
Raney, Mr. Ernst's Attorney, raised questions concerning the potential commercial nature of the
structure. Working with The New Hanover County Zoning Enforcement Office, we required Mr. Ernst
to submit documentation that the slips would not be used for commercial purposes; would be assigned
to individuals within the subdivision; and that the assignments would transfer upon sale of the lots. This
information was provided on December 21, 1998 and the modification request was authorized by General
Permit No. 019813-D on January 8, 1999.
Once construction of the boat lifts began, numerous complaints were received from residents
within the subdivision. One complaint was received from Dr. Robert Creighton, Jr., an adjacent riparian
property owner to the project. Dr. Creighton's letter, dated January 21, 1999, raises questions
concerning the accuracy of information he was provided during the notification process. Other resident's
complaints are based on esthetics as well as navigational concerns. The Shinwood Homeowner's
Association Members have raised questions concerning ethical issues within the Association. Attached
are copies of two letters I have received that your Office was not copied.
Please call me if you have questions concerning this matter.
cc: Bob Stroud
Wilmington Files
Ed Brooks
Charles Jones