HomeMy WebLinkAbout42383_CONNAWAY, CHRISTOPHER B_200508150elbs Sys
�. CAMA / C DREDGE & FILL
GENERAL PERMIT
�/
Previous permit#
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!New E'Modification DComplete Reissue Partial Reissue
Date previous permit issued '/,r� �r;';
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
./t', c Z. Or:)
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Applicant Name (1hj',4bi%f b, t,,0hi-V41J4,0
Project Location:
County
J Rules attached.
Address 6f#d/.t -f A.
Street Address/ State Road/ Lot #(s)
++ki`611-11!
City o4gyefs04Pk ii State/ C ZIP7�tf
Phone # ( ) Fax # ()
Subdivision
Authorized Agent
City
ZIP
�-] Cw n"EW [ 'PTA Dt K ❑ PTS
Phone # (
)
River Basin
Affected
AEC(s): El OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
Adj. Wtr. Body
4 1VA)
nat /ma /unkn
(_ )
-'�, PWS: ❑FC:
ORW: yes / no PNA yes / no Crit. Hab. yes` / _n�
Closest Maj. Wtr. Body
t�j( ''��' 1
Type of Project/ Activity ' r'' . = ' : � ,r, r✓' 1 aI, h t r �Pl P, IV. -It I[
N', J
ftt
, P de (
(Scale:
Pier (dock) length L71 )< (e a
Platform(s) %✓Alt') f' I6 X 6
F'/ol,
Fingerpier(s) 1 tv
i
/(iX(.
Groin length
number -�-�
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
f
Basin, channel
- ------
-----
-
G R>I f
cubic yards O d
Boat ramp _ t.
Boathouse/0-atli / Z X/ Z 7 y
Beach Bulldozing l r
Other -
Z
y e
i
Shoreline Length /: t?
SAM not sure yes n�• �` -- t
Sandbags: not sure yes no
Moratorium: n/a yes no irr
I i Ci J iV Q s
Photos: yes
Waiver Attached: yes--
• i
A building permit may be required by: r i f( ar/ c0 , ❑ See note on back regarding River Basin rules.
Notes/ Special Conditions ! ` r ;,! �. ,l�/! i n f1 h i 'l i
e / /
Agent . pplrcant PriPri fed Name r
Signature Please read compliance statement on back of permit"
Application Fee(s) Check #
ow`l
Perrpit`Officer'sSlgnature
,
f �
lssu(ngDatd
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Expiration Date
/I/ov
dri1/8'/t
Local Planningf urisdiction
Rover File Name
Statement of Compliance and Consistency
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 or criminal or civil action; and may cause the permit to become
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) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar - Pamlico River Basin Buffer Rules Other:
Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office
Mailing Address:
1638 Mail Service Center
Raleigh, NC 27699-1638
Location:
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / I-888-4RCOAST
Fax: 919-733-1495
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax:252-264-3723
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Morehead City District
151-B Hwy. 24
Hestron Plaza II
Morehead City, NC 28557
202-808-2808
Fax: 252-247-3330
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: 252-948-0478
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-395-3900
Fax:910-350-2004
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
www.nccoastalmanagement.net
Revised 10/05/01
PEND3& COUNTY NC 02/21/2006
u Q�� $1080.00
SWEOf 0`111
//#+&ED
1j0pfUNA857ae
N2892PG097
`J
06 FEB}}21 PH 4: 08
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Ufgni"w i-WICEGOOo
Recorded and Verified
JoyceXSwicegood
F ISTEROFDEEDS
S2,1S3 DERCOWITY.NC
Pcndeerountyd
Ponder County, NC
�
Excise Tax: 080.00 Parcel ID Number:
9 0 -5 -1534- 000 '
This instrum t was epared by Richard L.
France, P.O. Box 969,
Description for Index: Lot 11 Sidbury Acres
NORTH CAROLINA GENERAL WARRANTY DEED
// yL
THIS DEED, made this l� day of February, 2006, by and
between, CALHOUN INVESTMENTS, LLC, a North Carolina Limited
Liability Company, a/k/a Calhoun Investments, Inc., (Hereinafter
called "Grantor"), and KENNETH W. ARMKE, II and WILLIAM K. ODEN,
III, as tenants in common, whose mailing address is:
1903 Market Street Wilmington NC 28403 ,
(Hereinafter called "Grantee"). The designation Grantor and
Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, pluraA,X�
masculine, feminine or neuter as required by context. 91
Reinrned To
W I T N E S E T H Daniel D. Mahn
That GRANTOR, for valuable consideration paid by the GRANTEE,
receipt of which is hereby acknowledged, has bargained and sold,
and by these presents does hereby bargain, grant, sell, and convey
unto GRANTEE in tee simple, the below described tract or parcel of
land located in Topsail Township, Pender County, North Carolina and
,$in g more particular ¢�sv ibed as follows:
1/6�f`\'Sidbury Acres as shown on a map by W.R.
35en
CVd6the
ZdSurveyor, on the 16"'day of June 1953, and duly
Reg MC9046der County in Map Book 4 at Page 63,
�ap is hereby made for a more definite and
complete descrip i �j1i
The property hereinabove described was acquired by Grantor by
instrument recorded in Book 2818 at Page 168 of the Pender County
Registry.
3
Armke/Connaway
Subject: Armke/Connaway
From: "Steve Everhart" <steve.everhart@ncmail.net>
Date: Fri, 26 Oct 2007 13:06:24 -0400
To: "'Ted.Tyndall"' <Ted.Tyndall@ncmail.net>
CC: <Heather.Coats @ncmail.net>
Hi Ted,
Heather should have FAXed you a copy of Chris Connaway's assistant's planner pages along with a letter dated
March 8, 2007 stating the date of completion for his pier. I was mistaken; he IS a marine contractor in addition
to building the home on the site. According to the documentation, construction began with piling sets on
1/27/06 and completion was on 2/13/07. Tax records indicate that Mr. Armke recorded his deed to adjacent
property on 2/21/06 (1 have asked Ms. Preast to verify this). IAW our rules, it appears that Mr. Connaway was
not required to get a new waiver from Mr. Armke because actual construction began and, according to the
letter, ended prior to the adjacent property having a new owner.
Hope this helps.
Steve
Steven H. Everhart, PhD
Wilmington District Manager
NC DENR/Div. of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
PH:910-796-7266 F:910-395-3964
steve.everhart(c-)ncmail.net
1 of 1 12/7/2007 9:51 AM
RE: FW: Enforcement Request Pender County - Follow Up
Subject: RE: FW: Enforcement Request Pender County - Follow Up
From: "Ken Armke" <kenarmke@koch-usa.com>
Date: Wed, 5 Dec 2007 11:14:03 -0500
To: "'Ted.Tyndall"' <Ted.Tyndall@ncmail.net>
Please don't forget about me. I just relisted my lot with a new agent, and she is eager for an update on
the neighboring pier since it does affect her ability to market my property.
Thank you.
Ken
-----Original Message -----
From: Ted.Tyndall [mailto:Ted.Tyndall@ncmail.net]
Sent: Wednesday, November 28, 2007 3:12 PM
To: kenarmke@koch-usa.com
Cc: Steve Everhart
Subject: Re: FW: Enforcement Request Pender County - Follow Up
Ken - I'm really sorry for these delays .... I've just been out of the office way too much over the
past few weeks. For example: this week Sunday, Monday and Tuesday in Raleigh for court and
Wednesday, Thursday, and Friday in Greenville at our CRC meeting. Steve and I will get you a
final response by next Tuesday the 4th. Thanks again for your patience. Ted Tyndall
Ken Armke wrote:
Ted,
Would you suggest that I attempt to contact Dr. Everhart here in Wilmington directly?
Ken
-----Original Message -----
From: Ted.Tyndall [mailto:Ted.Tyndall@ncmail.net]
Sent: Tuesday, November 13, 2007 9:50 AM
To: kenarmke@koch-usa.com
Cc: Steve Everhart
Subject: Re: FW: Enforcement Request Pender County - Follow Up
Ken - I was working out of the State all last week and unfortunately working on the
CRC's mailout (variances, contested cases, etc.) this week. I will bring your issue
back to the front later this week. Dr. Everhart from our Wilmington office has
provided me with much information. Please give me a few more days to review this
information. I will email you back later this week with our position. Thanks, Ted
Tyndall.
Ken Armke wrote:
Ted,
1 of 5 12/7/2007 9:58 AM
RE: FW: Enforcement Request Pender County - Follow Up
I know your are busy, but will you please give me a call so I can get some idea as
to the status of the situation?
910-762-0065 or 910-471-2708.
Ken Armke
-----Original Message -----
.From: Ted.Tyndall [mailto:Ted.Tyndall@ncmail.net]
Sent: Monday, October 29, 2007 8:24 AM
To: kenarmke@koch-usa.com
Subject: Re: FW: Enforcement Request Pender County - Follow Up
Ken - Thanks for the reminder and info. Give me a few more days to allow
me to communicate better with my Wilmington staff. I will give you a call
this week and we can discuss. Thanks, Ted T.
Armke wrote:
Mr. Tyndall,
Just a friendly reminder that we were going to talk either
yesterday or
today about my complaint against Mr. Connaway. Please
know that I'm willing
to come up to Morehead City to discuss with you in person
next week with
documents, photos, and land survey in hand. I also have
dated invoices for
the bulkhead installation that provide evidence that Mr.
Connaway knew that
our lot had sold, and point to the fact that no dock was
being built when we
purchased our lot.
If I could please add one point that I was trying to make
during our initial
phone call:
I had brought up to you that Mr. Connaway built his pier
for about $3,500.00
as per his building permit. He recently confirmed this
low cost to Pender
County officials by claiming that he was a marine
contractor and had secured
leftover materials from another job to build his own
personal pier.
It occurs to me that Mr. Connaway is in a very special
situation. If he can
build a pier for only $3,500.00, then it seems to follow
that he could bring
himself into compliance and move the existing pier 15 feet
south for very
little cost. For our part, we have been provided round
numbers in the
$50,000 - $75,000 range by realtors in terms of the
2 of 5 12/7/2007 9:58 AM
RE: FW: Enforcement Request Pender County - Follow Up
devaluation of our
property as a result of the encroachment. No matter what
they say, I can
tell you that I personally would never build on that lot
with the neighbor's
pier swinging out directly into my riparian access view.
Furthermore, Mr. Connaway recently purchased 100 feet of
additional ICWW
frontage to his south (now 150 feet total), and it seems
unlikely his
boating needs require the sacrifice of my 15-foot set
back.
So, I simply wanted to make the point that enforcement of
the rules in this
case would not put a financial burden on Mr. Connaway, and
we would be happy
to quickly agree to and sign whatever is required to allow
Mr. Connaway to
relocate his existing pier.
Thanks for your time, and have a great weekend.
Ken Armke
910-762-0065
910-471-2708
-----Original Message -----
From: Ken Armke [mailto:kenarmke@koch-usa.com]
Sent: Wednesday, October 17, 2007 4:04 PM
To: 'Ted.Tyndall@ncmail.net'
Subject: Enforcement Request Pender County
Mr. Tyndall,
My name is Ken Armke. I live in Wilmington, but purchased
a vacant lot
fronting the ICWW in Pender County on King's Landing Road
in mid -Feb. 2006.
Over the past months I have discovered that a pier
constructed adjacent to
my lot to the south (and with no 15-foot set back off my
riparian
right-of-way) was built without a CAMA permit. The pier
was built in the
spring of 2006, and I have all applicable documents in
hand including the
builder's original CAMA permit that expired in
mid -November 2005 and the
Pender County building permit issued in Dec. of 2005 AFTER
the CAMA permit
had expired. Pender County has since acknowledged that
their office made a
mistake in issuing the building permit.
Though the pier was constructed illegally, for me the main
issue is the
location of the pier up fronting directly up against my
riparian right of
way. It is a very substantial structure that encroaches
on my right-of-way
and serves only de -value my investment while in violation
3 of 5 12/7/2007 9:58 AM
RE: FW: Enforcement Request Pender County - Follow Up
of CAMA rules and
statute.
So, why did it take me a year and a half to contact your
office? It would
be difficult to adequately express my frustration with the
local Coastal
Management Office and Pender County officials at this
point. I contacted
them first by phone in May 2006 when I first saw the pier
being built, and
was assured by both parties that "everything was fine."
It was only months
later as I conducted my own research of the rules and
documents that I
learned otherwise. Then, I was sent on a wild goose chase
to seek redress
from Pender County when, in fact, this is clearly a CAMA
matter.
In an effort to respect Ms. Coats and the local chain of
command, I did
request in writing on October 11, 2007, that Ms. Coats
contact me so that my
complaint and related documents can be brought to the
attention of CAMA
enforcement. She is well versed with the facts of my
situation, but to date
I have heard no reply.
Can you please put me in touch with someone in your office
who can help me?
Thanks.
Ken Armke
910-762-0065
910-471-2708
M. Ted Tyndall, Assistant Director
'C Division of Coastal Management
00 Commerce Ave.
Morehead City, NC 28557
(252) 808-2808 FAX (252) 247-3330
!--[if !supportEmptyParas]--> <!--[endif]-->
M. Ted Tyndall, Assistant Director
NC Division of Coastal Mana ement
00 Commerce Ave.
Morehead City, NC 28557
(252) 808-2808 FAX (252) 247-3330
4 of 5 12/7/2007 9:58 AM
Connaw4/ Arinke
Subject: Connaway/Armke
From: "Steve Everhart" <steve.everhart@ncmail.net>
Date: Wed, 24 Oct 2007 16:38:41 -0400
To: "'Ted.Tyndall"' <Ted.Tyndall@ncmail.net>
Ted,
The attached notification/waiver was attached to the initial permit (#41475).
Steve
Steven H. Everhart, PhD
Wilmington District Manager
NC DENR/Div. of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
PH:910-796-7266 F:910-395-3964
steve.everhart(Dncmail. net
1523_Kings_Lndg_Rd_waiver.doc Content -Type: application/msword
Content -Encoding: base64
1 of 1 12/7/2007 9:55 AM
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY O1�,'N'ER NOT IFICATIONfWAIVER FOR+v1
Name of Individual Applying For Permit:
Address of Property:
(Lot or Street #, Street or Road)
(City and County)
I hereby certify that I own property adjacent to the above -referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development they
are proposing. A description or drawing, with dimensions, should be provided with this letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, IBC 28405 or call 910-395-3900
within 10 days of receipt of this notice. No response is considered the same as no objection if
you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set
bek a minimum distance of 15' from my area of riparian access - unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
47! X I do wish to waive the 15' setback requirement.
I do not wish to waive the I5' setback requirement.
Sign Name Date
t--�.��t" its
Ake A
Print Name
NCDENR
Telephone Number with Area Code NGa ����• oEP.�r EM
Fj.��RO.tEM[ Y:O NRunrL RE3Q/AGES
Connaway Pier
Subject: Connaway Pier
From: "Ted.Tyndall" <Ted.Tyndall@ncmail.net>
Date: Fri, 07 Dec 2007 15:19:19 -0500
To: Ken Armke <kenarmke@koch-usa.com>
CC: Steve Everhart <steve.everhart@ncmail.net>, Heather Coats <Heather.Coats@ncmail.net>, Roy
Brownlow <Roy.Brownlow@ncmail.net>
December 7, 2007
Dear Ken:
Thank you for your patience on working with me in reaching a final disposition on the issue dealing
with the construction/location of Mr. Chris Connaway's pier, on the AIWW adjacent to your property
off King's Landing Road, near Hampstead, Pender County, North Carolina. Division of Coastal
Management staff from the Wilmington office had earlier provided me with the information that I
needed in making the final determination as to how the Division will deal with the issues that you
initially raised to me in your October 17, 2007 email, however, I had been unavailable to review all
the material to my satisfaction. I hope you realize that these issues are taken seriously by the Division
and the time taken on this particular case reflects the same. I have now perused the information and
offer the following findings/facts as to which I based my decision:
1) Permit #41475-D was issued to Mr. Christopher B. Connaway on 5/17/05 for the subject pier.
2) Permit #42383-D was issued for a complete reissue for the subject pier on 8/15/05 with an
expiration date of 11/15105.
3) Unfortunately field representative Gale Stenberg (whom has subsequently passed away) issued
both permitsand is unavailable for input.
4) The former owner of lot #17 waived the 15' setback requirement on that side of the property.
5) Documents on file indicates that the pier was completed on 2/13/06.
6) The General Warranty Deed for lot #17 was made on 2/15/06 and filed on 2/21/06, after
dcoumentation that the pier had been completed.
7) There is an agreement on file in the courthouse where Calhoun Investments admits that it failed
to disclose that it waived the 15-setback for the pier constructed on lot #18.
Therefore, based on those facts and others, the Division of Coastal Management has determined
that the current pier's location is consistent with the permit issued and with the waiver obtained from
the adjacent riparian property owner (Calhoun) and that the Division does not plan on taking any
remedial actions on the subject pier or any enforcement action against the permittee. I thank you for
raising these issues to the Division, however our findings do not suggest any further action by the
Division is required.
Sincerely,
M. Ted Tyndall
Assistant Director
M. Ted Tyndall, Assistant Director
C Division of Coastal Mana Tement
00 Commerce Ave.
1 of 2 12/7/2007 3:20 PM
Re: Enforcement Issue - Need Assistance
Subject: Re: Enforcement Issue - Need Assistance
From: Roy Brownlow <Roy.Brownlow@ncmail.net>
Date: Mon, 22 Oct 2007 14:27:18 -0400
To: kenarmke@koch-usa.com
CC: Steve Everhart <Steve.Everhart@ncmail.net>, Ted Tyndall <Ted.Tyndall@ncmail.net>
Dear Mr. Armke:
Thank you for sharing your concern about your riparian corridor and access as described in your
e-mail message dated 10/22/2007 in regards to development of a pier adjacent to your property in
Pender County. I am forwarding your information and concerns to Mr. Steve Everhart who is the
District Manager for the Division of Coastal Management in the southern section, including the
Pender County area. This office is based in Wilmington. He will be able to address the question(s)
you raise. You may contact Mr. Everhart at:
Wilmington District
Serves Brunswick, New Hanover and Pender counties, Onslow County south of the New River, and
Topsail Island
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7266
Fax: 910-395-3964
Steve Everhart, District Manager
E-mail: Steve.Everhartpncmail.net
I hope this information is of assistance to you. Consultation with the CAMA Local Permit
Officer(county or municipal) and/or Zoning Administrator may determine if there are any local
ordinances applicable to your question. The CRC rules and NC General Statutes are available on the
internet at http://www.necoastalmanagement.net/Ruies/rules.htm. If I may be of further assistance,
please feel free to contact me.
Sincerely,
Roy Brownlow
Compliance Coordinator, DCM
Ken Armke wrote:
Mr. Brownlow:
My na I live in Wilmington, but purchased a cant lot
onting the ICWW in nder County on King's Landing Road i mid -Feb. 2006.
Over the past months_ have discovered that a pier construct y
as i}acrr��my-io`��to the south (and with no 15-foot set back off my
r7rp—a—rian right-of-way) was built without a CAMA permit in force. The pier
was built in the spring of 2006, and I have all applicable documents in hand
including the builder's original CAMA permit that expired in mid -November
2005 and the Pender County building permit issued in Dec. of 2005 AFTER the
CAMA permit had expired. Pender County has since acknowledged that their
office made a mistake in issuing the building permit.
1 of 2 10/24/2007 3:37 PM
Re: Enforcement Issue - Need Assistance
/ Y
N `
Though the pier was constructed illegally, for me the main issue is the
location of the pier up fronting directly up against my riparian right of
way. It is a very substantial structure that encroaches on my right-of-way
and serves only de -value my investment while in violation of CAMA rules and
statute.
So, you may wonder, why did it take me a year and a half to contact your
office?
It would be difficult to adequately express my frustration with the local
Coastal Management Office and Pen fficials at this point.__I_
�coed them first by phone <n May 2006 who I first saw the pi being
d was assured by bothgai t-'everything was fine.'Itwashs later as I conducted my own research of the rules and documents
that I learned otherwise. Then, I was sent on a wild goose chase to seek
redress from Pender County when, in fact, this is clearly a CAMA matter.
In an effort to respect Ms. Coats and the local chain of command here in
Wilmington, I did request in writing on October 11, 2007, that Ms. Coats
contact me so that my complaint and related documents can be brought to the
attention of CAMA enforcement. She is well versed with the facts of my
situation, but to date I have heard no reply.
Can you please put me in touch with someone in your office who can help me?
Thanks.
Ken Armke
910-762-0065 days
910-471-2708 mobile
Roy Brownlow, Compliance Coordinator
NC Division of Coastal Management
NC Department of Environment and Natural Resources
400 Commerce Avenue
Morehead City, NC 28557
Phone: 252.808.2808 FAX 252.247.3330
Toll Free: 888.912.CAMA
Email: Roy.BrownlowC�ncmail.net
,a//w /O/PLC
Xf/ 4 "I w l✓Pl�
2 of 2 10/24/2007 3:37 PM
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Individual Applying For Permit:
Address of Property.
(Lot or Street 4, Street or Road)
(City and County)
I hereby certify that I oven property adjacent to the above -referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development thev
are proposing. A description or drawing, with dimensions, should be provided with this letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900
within 10 days of receipt of this notice. No response is considered the same as no objection if
you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift roust be set
bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Sign Name
Print Name
Telephone Number with Area Code
Date
tiiOR!f� WaOUMA DerApTMCM CI
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t 1
AlW
ACROSS MPARMN LAAEE i�E
7w POINT tQ7� ^ j v\ a 7 320.94'
\tJ t-A \ \ £ 2, 405,109.07'
\o \ �0 \
i
1,3- t14
NORUAL HIGH
\ iC 41, \ WAIEtt LANE
/ o� I / N � F'I AGiCED BY
vCAMA PERSONNEL
L39
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R re- J0 SCC>r CP M 1 �S7c9.
N=226.739.59'
E=2.405, 683.44' NORMAL HIGH
W>7AGCEO BY
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EX. IRON PIPE
CA"4 PERSONNEL
40�
N.
tom; /4.32' RIGHT
y 'y / OF LINE
CS\ttv a
�IRUN�
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GALLS ALONG NORMAL
HIGH WATER LINE
"� 1
�� �N�z'
tn� LOT
LOT 20 LA
19
coat" I
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L40 I
S SW44 5B W
10.44
L41
S
1 7
1-42
49 E
20.
i
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r e
L44
S 3410214
17.63
L
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1 9B
L46
N 61'1 2i
5.06
L4
35' W
1 .
L49
4'02 49
r 9g
L49
S Jx2' W
IQL40
L50
1 21
1 15
1
N 29 0 W
14.51
N 513620
M331
51'19 36 W
3.04
L54
F S r'1 32 1Y
10.
CALLS ALONG NORMAL
HIGH WATER LINE
Course
Bearing
Distance
1
N 62'01 46 W
18.76
L2
N 25'49 32 W
19.05
L3
N 01 30f £
11,05
L4
N l2'S2 2B W
5.19
L5
S 78' 9 41 E
15.90
L6
S 63'48 59 E
11.82
L7
S 2 'f344 E
31.97
L8
S 1 T59 33 E
12.66
L9
S O1'32 40
14.5
LIQ
234T 13 W
10.77
l l
S 0 '01 57 E
7.37
12
5 72121 35 W
T
13
S 72'21 35 W
12.20
L 14 .
S 7T30 53 W
18.45
115
N 29'02 50 W
6.55
L 16
S 21'S5 W
15.7
L 17
N 86'33 37 W
5.99
LIB
S 52'26 33 W
0.48
L 1
S 52 6 33 W
11.13
L20
S 02'49 30 W
8.32
L21
N 0.5149 W
3.73
L22
S 8747 4 W
6.56
L23
S 666'23 44 W
8.46
L24
N 43'14 43 W
3.99
L25
N 20' 13 19 E
37
L26
N T07 35 E
1 i.42
L27
I 49'38 01 E
9. 7
L28
N 64'04 52 E
9.84
L2.9
N 15 7 01 E
9.22
L30
N 121104
9.9
L31
N 17'31 48 W
10.68
L32
N 31'26 50
10.73
L3
612715 W
13.09
L34
N 29'38 1
11.92
L35
N 67'14 1
4.92
L36
S 2.1716 E
21.67
L37
S 2772 43 W
13.90
38
N 522 35 W
10.3
L39
S 19'24 54 E
2.26
\ 161 AREA RECAP:
\ LOT 19: 9119 S.F.t TO CAMA LINE
12042 S.F.± TO NHW LINE
\ LOT 20. 10005 S. F. t TO CAMA LINE
\ 13534 S.F. TO NNW LINE
50.18' 49.83' 49.93'
S 74'21 '40 "W 99.87 E1P N 74'21 '40 E FiP N 74'21 '40 99.76'
EOAOVER ECu o
Q
RINGS I ANDZIVG ROAD -.Sufi 1575 (BO' RlkW)
OCT-26-2007 13:03 From: To:2522473330
I.
I
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G, Ross Jr., Secretary
Date: tc/zz/c �
TO:�oi - --
CO:
FAX #
REMARKS: ,
FAX COVER SHEET
No. Of Pages: (oxcluding cover)
From:
CO: Division of Coastal Management
FAX#: 910-395.3964
ME x In A . .0
127 Cardinal Drive Extension, Wilmington, N. 28405.3945 Telophona (9001A.7215 Fax (910) 395.3964 f
An Equal Opportunity Affirmative Action Employor
P.1/9
To:2522473330 P.2/9
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FROM C:P'qW'JRY MAP I NE CONSTRUCT I CIN PAX NO, *iNSP0476
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Oct. 25 2007 04'1'-?PM PS
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OCT-26-2007 13:04 From:
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E.W, GODWIN'S SONS, INC.
)DEALERS IN 8010EFr a SUPPWE.s
PA BOX 1806 WIL,MINGTON, N,G: 28 402
(910) 762.7747 ■ FAX (9iQ) 762.3776
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caahnn Inr jim ar n1lompr+mr,rd he muck 6.1 dlryn,
A =IMNIng Igo of IPw bi nlrlflel jar IAnfMah mklmnl.l
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DEALURS NY WILDER'$ SUPPL'Ef;
P.O BOX 1806 • WILMINOTON. N.0 MIN
(o10) 762.7747 • F�AX (M) 762.3776
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Gn4'na for wo, of n110ria9n MIR] 1)0 muds'n ' fMVM
A f6fi*nkinp kin d n% i6 fg0rin I'M Mn"'A" fldurnML
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I K-M : F-I_IIVNfA6IHY MRF41 Nk { 1JN51 NU(� I ! UN I WX NU.
: y1L•'lQ 0476 Om 25 2007 03 ; 1BRI PI.
Mumh 8, 2007
c hlidophm caltla WILY
211 Wbito Ave
wilmil g ' NC 28403
DM Mr. ChrWOPI' Canaaway,
(fin Ivldsy,. i�altruu'y 13'; ZOtlb. rll►e, Conr�wtiy MAc1nednett�lcdaaa c�ompletcd the
i naallvion of all of Ific ,pier pilinp at 13123 Kings Lmdink Rd, in Fiamp4tead, NC
28443, F wh Pllittg vwas icisballed at a min6um dVdx of A' pem rEiou. Ewh Piling has
at 1 s 10' butt and was b ttw-,M at a +4,1 sngle, All p1hp ow on 8'c6ntcn. Please feel
lip tb conuat %is with any quogdoua that You may two. We cm bo mcbed at (910) 794-
9500 fmttf A mdq through. Faintly froth T: ,O am to 4.30 pm.
cot�►� •� ems: �n
CerlatoOOV S. Connawry_! P.Q. Uox 378 / WrlghtWlle Beach, NC 2EMO (9'70) 7�M�lSt�Q
Armke/C,; ynaway
r
Subject: Armke/Connaway
From: "Steve Everhart" <steve. everhart@ncmail. net>
Date: Thu, 25 Oct 2007 09:16:50 -0400
To: "'Ted.Tyndall"' <Ted. Tyndall @ncmail. net>
The attached drawing is one submitted in support of another project, but depicts the "as built' pier at 1523 Kings
Landing Rd (Lot 18).
Steve
Steven H. Everhart, PhD
Wilmington District Manager
NC DENR/Div. of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
PH:910-796-7266 F:910-395-3964
steve.everhart(aDncmail. net
Lot 18 as built.doc Content -Type: application/msword
Content -Encoding: base64
1 of 1 12/7/2007 9:55 AM
5
RR�CKi►NE
`Z�
CAMS WARiAN U E
THIS PUNT
o
V' �O
1.
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i
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\
0 92�
CO
A,A
A/NW R/N MON.
L
1
X �k
re- IO, sECT. J
v
„
�H
N-225,739.59'
E=2.405.683.44'
N
1JORkGIL NIGH kp-
I
�y. �.
x' *
WATER
BY
CAW PERSONNEL
40v
t, kk Nl u• iiI:
CALLS ALONG NORMAL
HIGH WATER UNE
Couree
90af ft
DAnMnce
L40
S 56'44 58 W
10.44
L41
S 37 W
1 7
L42
49 E
20.
L
4 25 W
1 6
L44
344 02 14
17.63
L4
S 08'26'W w1
.88
L46
N 61*lr2l w
5 Od
L4
35 W
11jr
L48
402 49
1698
L49
S 1t2 W
1Q40
L50
21 21
1 15
L51
N 29 0 W
1 14.51
L52
N B 136 20
12
J1'1938 W
3.04
1,54
ts J1'1 32 kY
I Tum�--]
A/WW RIV MON.
T6-12, SECT. J
N-228. J20.94'
E-2,405,109.07'
.in "N
\ NORMAL HIGH
� WFIA�D 8Y
GUM PERSONNEL
1
4-
IN EX. IRON PIPE
<<"; 4.32' RIGHT
z,OF LINE
0
e \ w LOT 20
uN .1 s
j.I �-n LOT
6�.
�\ 50.18' \\,i 49.83'
O - S 74'21 '40'W 99.87' E1P N 74'21 '40 EOVE I PEcu 74-2
xuvcs RAIDING AVQAD - sR 1575 (60' R/W1
CALLS ALONG NORMAL
HIGH WATER LINE
Course"Wl
ing
Distance
f46
W
18.76
L232
W
19.05L301
E
11.05L4
28 W
5.19L5
41 E
15.9QL6
59 E
11.82L7
44 E
31.97L8
S 1759 33 E
72.66
L9
S O132 40
14.59
23'41 13 W
10.77
S 0 '01 57 E
7.37
S 72-21 35 W
1.13
S72`21 35 w
12,20
E12
S 7730 53 W
18.45
N 29'02 50W
655
S 21'5558 W8
S 52'26 33 W
0.48
L1
S 52 s33 W
iT13
L20
S 02'49 30 W
8.32
L27
N O'5149 W
3.73
L22
S 8747 4 W
6.56
L23
S 66 23 44 W
8.46
L24
N 43' 14 43 W
3.99
L25
N 20' 13 19 E
37
L26
N 37*07 35 E
11.42
L27
- N 49'38 01 t
9. 7
L28
N 64'04 52 E
9.84
L29
N 15' 7 01 E
9.22
L30
N 121104
9.9
L31
N 173148 W
10.68
L32
N 31'26 50 W
10.73
L3
612715 W
13.09
L34
N 29'38 1 w
11.92
L35
N 87' f 4 1
92
L36
S 22'17 16 E
l-6-
2.7
L37
S 272 43 W
13.90
38
N 52-2 35 W
10.3
L39
I S 19'24 54 E
2.28
AREA RECAP:
LOT 19. 9119 S. F. t TO CAMA LINE
12042 S.F.t TO NNW LINE
LOT 20: 10005 S. F. t TO CAAfA LINE
13534 S.F. TO NHW LINE
ss.76' -
0
O
h
Armke/Calho un/Connaway
Subject: Armke/Calhoun/Connaway
From: "Steve Everhart" <steve.everhart@ncmail.net>
Date: Thu, 1 Nov 2007 16:26:12 -0400
To: Ted.Tyndall <Ted.Tyndall@ncmail.net>
I just discovered that on March 20, 2007 Armke and Calhoun filed'an agreement ndicates that Armke has
can get a setback waiver from Calhoun (on the other side of his m Connaway) if he decides to build
a pier. It is stated in the agreement that this is recompense for Calhoun not disclosing the setback waiver
granted to Connaway as a material fact during the sale of the property to Armke.
Filing Date: 03/20/2007 Book: 3186 Page: 202 Type: AGREEMENT
Grantor CALHOUN MURIEL K, View Image
Grantee ARMKE KENNETH W II, View Detail
In this agreement, the date of sale (closure) of the property was stated as February 21, 2006.
Steve
1 of 1 12/7/2007 9:48 AM
"T' 4ED 6 i PG202
S'MCE��D
REGISTER OF DEEDS
PC40FR COUNTY, NC
Raco
(11urc� sa r. 10.y1�. G ,bou Joyce aQdv�ified
doly-1(0 Y\ S- i(A Ji Rogis Mcegood
as y, 01
STATE OF NORTH CAROLINA
COUNTY OF PENDER AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this `� day of March,
2007, by and between Kenneth W. Armke, II ("Armke") and William K. Oden, III ("Oden"),
both North Carolina residents, and -Calhoun Investments LLC, aWa Calhoun Investments, Inc., a
North Carolina limited liability company, on behalf of itself and its heirs, successors, and assigns
("Calhoun Investments"), and Muriel K. Calhoun ("Mrs. Calhoun"), a North Carolina resident.
RECITALS:
WHEREAS, by General Warranty Deed filed and recorded February 21, 2006 at Book
2892, Page 097 of the Pender County, North Carolina Register of Deeds, Calhoun Investments
conveyed to Armke and Odqghat certain real property described as L 17, Sidbury Acres in
Topsail Township, Pender County, CMad
T*g y W.R.Gooding,
Registered Surveyor, on the dul Registry of Pender
County in Map Book 4 at Page 63 (the "Property"GS'gQ�gQ
-WHEREAS, Calhoun Investments currently owns Lot 16 of Sidbury Acres, adjacent to
the Property on the north side; and
Q
%, R 3 1A T P�Q 3
WHEREAS, Mrs. Calhoun is a member f� o
ips
WHEREAS, while Calhoun I ee the Proper41V(R� iCalhoun
Investments conveyed the Property to Armke and Oden, Mrs. Ca�lhtrialf of Calhoun
Investments, executed a North Carolina Division of Coastal Management Adjacent Riparian
Property Owner Notification/Waiver Form for the benefit of the owner of Lot 18, agreeing to
waive a 15-foot setback between the Property's area of riparian access and the dock to be
constructed on Lot 18 ("Lot 18 Setback Waiver Document"); and
WHEREAS, Calhoun Investments failed to disclose its execution of the Lot 18 Setback
Waiver Document to Armke or Oden; and
WHEREAS, the ability to construct a sizeable dock with maximum riparian access was
material to Armke and Oden's decision to purchase the Property; and
WHEREAS, Armke and Oden have determined after consultation with the Department of
Environment and Natural Resources that they can construct a dock if Calhoun Investments, as the
owner of Lot 16, will waive the 15-foot setback between Lot 16's riparian access and any dock to
be constructed on the Property, whether by Armke and Oden or their successors in interest; and
WHEREAS, the parties to this Agreement have agreed to settle all disputes between them
on the terms set forth herein.
CLI
NOW, THEREFO4,jn consideration of thZpI72ds'ufficiency
�11
undertakings set forth
Cq
herein and other good and valua ti of which are hereby
#j�lh � u f 101�(�ZZGf�1Q
acknowledged, the parti"t o this �� of ows:
1. Obligations of Calhoun Investments: Gs�W�i`e requested by Armke, Oden, or
Armke and Oden's successors or assigns, Calhoun Investments and, if requested, Calhoun
Investments' successors and assigns, shall (1) execute a North Carolina Department of Natural
Resources Division of
Notificadon/Waiver Form fr�t
foot setback between the Property's area of riparian
�61S310GPG204
rp man Property Owner
of tttWY99VV9VW6_eing to waive the 15-
dock Armke and Oden, or
Armke and Oden's successors or assigns, propose to construct; (2) refrain from lodging any
objection to the request of the owner of the Property to construct a dock; and (3) take any other
action necessary to waive any setback they, as the owners of Lot 16, might otherwise be entitled
to claim pursuant to statute, regulation, ordinance, or other law.
2. Armke and Oden's Obligation: Except as necessary to enforce the terms of this
Agreement, Armke and Oden covenant and agree not to commence any legal or equitable
proceeding against Calhoun Investments and Mrs. Calhoun related to the sale of the Property.
3. No Admission of Liabilitv: Neither the execution of this Agreement nor the
performance of any obligation hereunder is to be construed as an admission of liability, the same
being expressly denied.
4. Costs; Other Documents Necessary to Settlement: The parties agree that they will
bear their own costs, attorney's fees, disbursements and expenses of any kind and agree to
execute any other documents necessary to effectuate the terms of this Agreement.
5. Amendments: It is expressly understood and agreed that this Agreement may be
&I Q�
amended only by a u# jy, signed by each of the
C
6. Recordatio • rmke and Oden may file and record this
l( ))�
Agreement with t e lounntt}/3 g fir of Dee s.��B��Q
7. Choice of Law: This Agreement s a e governed by and interpreted in
accordance with the laws of North Carolina.
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REGISTER OF DEEDS ����c,'j�q 7R tSrT�,z.ard1'rriiiFd
PENDi'.R COU!iTY.!1G Q �tiavrej,l Sv;r. good
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I't`tidcr Cotutty, N
MEMORANDUM OF TRUST AGREEMENT
Prepared B - D.- C. Pittman, Jr.
Return To: Wishart, Norris, Henninger & Pittman, P.A.
O. Box 1999, Burlington, N.C. 27216-1999
NORTH CAROLINA
PENDER COUNTY
KNOW ALL MEN BY THESE PRESENTS, that WILLIAM ROBERT TAYLOR, III, as
Grantor, and WILLIAM ROBERT TAYLOR, III, as Trustee, entered into a Revocable
Declaration of Trust on March 15, 2007, said Revocable Declaration of Trust being denominated
the William Robert Taylor, III GR Trust.
Pursuant to North Carolina General Statutes §32-26, the aforesaid Revocable Declaration
of Trust confers upon the Trustee all of the powers set forth in North Carolina General Statutes
§32-27 which are incorporated therein by reference except for those set forth in North Carolina
General Statutes §32-27 (29) which is expressly not incorporated therein, as such powers existed
at the date of the execution of the aforesaid Revocable Declaration of Trust.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective
this 1111 day of Mo.% .� , 2007.
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