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HomeMy WebLinkAbout74727D - ScharfG{ o(SL-f-f r IV V ZCAMA / ❑ DREDGE & FILL No. 74727 GENERAL PERMIT Previous permit# A B C OD 2New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 -7Y' 1 d Co f +�%� Rules attached. Applicant Name IVR� Project Location: County �U l7llf'/L 1.1 Address 1311-CC Nj(01441164161�Zaa CiState NL ZIP A9 D5 Phone # (7/0 53 J 770 I E-Mail MId N6 � i✓fn- Authorized Agent L_Mt - C/o All en CI flick Affected ❑ CW XLEW VPTA ❑ ES ❑ PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ORW: yes / fi91 PNA yes / (@ Type of Project/ Activity / e iv ha /� I (" A � hhl , kv / & c IWflr i l \ Pier (dock) length I U§ Jt 1 Fixed Platform(s) 10X It & fP4 Floating Platform(s) .35 IX Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore — Basin, channel '"— cubic yards — Boat ramp — 3><S oatli Beach Bulldozing Other OW : /DSa 5F Imo - / 1�25SF Street Address/ State Road/ Lot #(s) //0 [. lnog Aoeoo Subdivision City `�G1� �"I� aG�c zip a84so P Qne # ( OV 45a Cy 01 River Basin WhI *y,[._ 9 Adj. Wtr. Body �'i ��ilwllY at /man /unkn) Closest Maj. Wtr. Body%kY4k24 A Shoreline Length 59 Iry SAV: not sure yes — I Moratorium: n/a yes 1 ) 9 UM it Photos: yes ® _ �1 i rk Waiver Attached: yes A building permit may be required by:-Inyt/d �{�/%%�( l i 40 lld ( Note Local Planning Jurisdiction -U�� Notes/ Special Conditions -n ".5 t*Y J$ qzl mil«/ ue-irr�N� /d Agent dr Applicant Printed Name - I E' d I61JA , 1l� Signature ** Please read compliance statement on back of permit �60 O ° 16 5 Application Fee(s) Check # (Scale: 1: q6) ) ❑ See note on back regarding River Basin rules. PermitOffiicer's Printed Name % �A Signature Issui ��/a ng Date Expiration bate LMG LAND MANAGEMENT GROUP a DAVEA. company September 16, 2019 Patrick Amico North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Patrick, On behalf of Mathew Scharf I would like to request a CAMA General Permit to construct a fixed pier, gazebo, and floating dock with boat lift at 110 South Lumina Avenue, Wrightsville Beach, New Hanover County, North Carolina as depicted in the attached site plan. The attached plan has been revised from the July submittal based on your coordination with the applicant that places the waterward extent of the floating dock in a location that can be authorized with a General Permit. Please find enclosed a Site Plan, Agent Authorization, deed, and $200 fee check. Adjacent riparian land owner notifications have been sent by certified mail and receipts are attached. Green confirmation cards will be forwarded once received. Please let me know if you have questions or need anything in addition to process this CAMA General Permit. Sincerely, Greg Finch, Agent Land Management Group Enclosures: As stated Cc: Mathew Scharf www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED SL_D 16 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Matthew Scharf 1319-CC Military Cutoff Road #172 Wilmington NC 28405 matt@realpropertiesllc.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: gazebo, and floating dock with boat lift construction of fixed pier, at my property located at 110 South Lumina Avenue, Wrightsville Beach in New Hanover County. Y I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. PropFrty OwneR11forma 'on Signature Matt Scharf Print or Type Name Title -7l15" l1I Date RECEIVED This certification is valid through 12 /31 /2019 �I � 16 2019 DCM WILMINGTON, NC Book 6212 Page 754 BK: RB 6212 I IIIIIillll IIII'IIIIIIIIIII�I IIIIIIIII PG: 8 o RECORDED. 2019012778 NC FEE $26.00 05-02-2019 NEW HANOVER COUNTY, NC STATE OF NC 08:55:03 AM TAMMY THEUSCH BEASLEY REAL ESTATE BY: ANGELA ENGLISH REGISTER OF DEEDS EXTX 54000.00 DEPUTY WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. JPrepared by: Layne McNeill Smith, Attorney 300 Coral Drive Wrightsville Beach, NC 28480 Excise Tax .'I, 000 TAX PARCEL No: R06308-023-004-000 Brief descri tion for the index: All of Lot "I" of the Wrightsville Beach Suburban Developing Company The property conveyed herein is not the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made April _, 2019, by and between, Peggy B. Gaster, widowed and Sara Aderhold and her husband Paul Aderhold, whose mailing address is 1141 Dixie Farm Road, Sanford, NC 27332, herein, whether one or more, called GRANTORS, and Matthew L. Scharf and wife Louise K. Scharf, whose mailing address is 1004 Arboretum Drive, Wilmington, NC 28405, herein, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described in Exhibit A attached hereto and incorporated herein by reference. RECEIVED SEP 16 2019 DCM WILMINGTON, NC Book 6212 Page 755 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEES, their heirs, successors, and assigns, in fee simple, forever. AND THE GRANTORS, for themselves, their heirs, successors and assigns, do covenant to and with the said GRANTEES, their heirs, successors, and assigns, that GRANTORS are seized in fee of the above granted and described property, that GRANTORS have good right to sell and convey the same in fee simple, that the same is free and clear from any and all restrictions, easements or encumbrances, and that GRANTORS will and their heirs, successors, and assigns will warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. All easements, rights of way and restrictions of record. 2. All governmental land use statutes, ordinances or regulations, including, zoning, building and subdivision regulations. 3. Ad valorem taxes for current and subsequent years. IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands and seals as of the day and year first above written. V 04�- (SEAL) Peg Gaster , a "L-- (SEAL) Sara Aderhold ft � 77� (SEAL) Paul Aderhold RECEIVED SEP 16 2019 DCM WILMINGTON, NC Book 6212 Page 756 STATE OF N r H CAROLINA COUNTY OFDL I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein and ift the caPacityxiatePeggy B. Gaster. Date: Z0 J. Notary Pub 'c - (�� S'1;, Print Name: Qni2 J �i'1U�N =y ; • t1� 9y Z My commission expires: aU coo STATE OF NOR H C�AROLINA COUNTY OF I certify tha e following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein and in the capacity indicated: Sara Aderhold and Paul Aderhold. Date: h-1 (-// LZ9 q___ —61elco (OFFICIAL SEAL) U � 0 �A' 11 J�``` Notaq Public PrintName:� My commission expires RECEIVED SEP 16 2019 DCM WILMINGTON, NC Book 6212 Page 757 EXHIBIT A Legal Description BEING all of that certain real property located in New Hanover County, North Carolina and lying and being in the Town of Wrightsville Beach and more particularly described as follows: BEING ALL OF Lot "I" of the Wrightsville Beach Suburban Developing Company property according to the map thereof duly recorded in Book 53 Page 652, New Hanover County Registry of Deeds, reference to which map is hereby made. Also all of that certain land lying between the western line of Waynick Boulevard and low water mark of Banks Channel, and between the Northern and Southern lot lines of Lot "I", if same were extended Westwardly, being part of the same property conveyed by the State of North Carolina in Book 318, page 137, in the aforementioned registry. Also all riparian rights adjunct to the property and also including all right, title and interest to the pier or pilings on the said property and extending into Banks Channel. Also conveyed herein are the alley way rights in the adjoining alley which is 10.3 feet in width on Waynick Boulevard and runs Eastwardly 110.84 feet. Subject, however, to a 5 foot encroachment of the aforementioned alley on the Northern edge of part of Lot "I" and subject to the rights held by adjoining property owners in the said alley. Also subject to the right of way of the State Highway known as Waynick Boulevard which is further described in the said instrument recorded in Book 318, page 137, in the New Hanover County Registry. And also subject to the rights of the State and Federal Governments in Banks Channel. Being that same property conveyed to Harry B. Green and wife, Margaret Ellen Green in deed recorded in Book 567 Page 571 of the New Hanover County Register of Deeds Office. With an address of 110 South Lumina Avenue, Wrightsville Beach, NC and a tax identification number of R06308-023-004-000. RECEIVED SEP 16 7019 DCM WILMINGTON, NC Book 6212 Page 758 TAMMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 41. 1 0 *. q wwt State of North Carolina, County of NEW HANOVER Filed For Registration: 05/02/2019 08:55:03 AM Book: RB 6212 Page: 754-758 5 PGS $4,026.00 Real Property $26.00 Excise Tax $4,000.00 Recorder: ANGELA ENGLISH Document No: 2019012778 O%3NTY. 1V GF HO�i o � < r L O h �Reeusucn"� DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED SEP 16 ?019 jLyj I q . I I . Lej g. 0 WILMINUTUC 91111C, 8407 M 0 25 0P.00-1, E3 $0.00 M C:3 09/04/2019 r'3 $ 0 U.S. Postal Service - CERTIFIED MAIL RECEIPT 1(Domestic Mail Only: No Insurance CdveraW Provided) For del,very,,formal'On vI5-1 Our weosa—f—...p M. . . . . . . . ... C3 P Z ,01 CERTIFIED MAII-i RECEIPT ru : in (Domestic maii oniv: No InsuranceCoverage Provided) —71 C3 WRItOOMMONVI'LLE BEACH, NC 28480 0 C3 "j, 450 0406 J� go 25 0 C3 $0.001 C3 C3 lIR.WY.01$0:00 I M ag=00—y $0.06 r'l C3 f. T�W A pi,.rp a F4- 09/04/2019 rn ,M C3 U.S. Postal Service CERTIFIED MAIL,, RECEIPT (Domestic Mail Only: No Insurance Co,veInIge Provided) 0 — — Ir pz�� M C3 WINSygm SALEM, NC 27103 F, I Ln F..$yr $Y 0406 25 C3 0 .0$00 M " 0 C3 0 $0.00 C3 Iyoppp.Mly Fr r, in 09/04/2019 ru Thm r--9- & $ $ I f -FjEC CERTI 4L—(Domestic Mail or. M illmmwrot IfC N,109 Ap 0 0406 "0 C3 C�WWFw 25 1:3 ru in C3 0 0"9/ft/201 9 C3 AIAWN t' r-.3. m ACJ, NC284V W1191TVILLi BE' in 0406 63 go 25 0C.VW F- $0.00 C3 1110.09 C3 $0.00 M q=DWh"F- r- (E, in 13 I'Ll Tnw P &F— $ 09/04/2019 in 67--45— C:) I -o 171 CERTIFIED MAILLL RECEIPT -0 (D�fk Mail Only; No Insurance C—rage Provided)_ MC3 REWILMIN6TINt, NC 28409 r, L"I 'a- 0406 C3 111 so 25 M $0.00 C3 0 n.al $0.00 H— rF=DskwV (r Moo= In $1. 'U 1—p IF —Is 1 09/04/2019 I.r] $7. Vp 3 171 CERTIFIEC (Domestic Mail 0) 'r.3 [ wImSTON SALEM, NC 27104 Ln 040,6 0 O $0.00 Ca $0.80 M $0.00 0 .ery$0.00 r (E� Ln rU T.P..F— $ 09/04/2019 V. 45 M R E C F I V EE DCM WILMINGTON, NC SEP 2 4 2019 1,11r, 'o'.— t: S'-NDER: COMPLETE THIS SECTION ;t a Complete tterns 1, 2, and 3. ■ Print your name and address on the ruy as so dud we can return the card to you. ■ Attach this card to the back of the ma'bisM a on the front It space permits. 1.I Arede Adri(ae@ed Ux r_' c__ i,41.1 5hl,n L4-e W��m,7>�sn�uG 2�11dy II I IIIIII 1111111111 HII1111111 II IJ 11II IH 9590 9402 5045 9092 9210 9 7005 2570 0000 5703-9604 Ps Form 3811, .Duty 2m5 psN mo-D2-0OD-9053 • ConpbLs Items 1, 2, and 3. ■ RIM your name and address on the reverse so that we can slum the card to you. ■ Attach t�y�arc to the beck of the males, a on t1�3. ro�nt H space permits. 1. Aade Addressetl to: --- 211 (%%'r,9AW VdF Wi Lw 'l NG z940a Il l illill l 111 l l l l fl lllll l lllll dll l I I II II III 9590 9402 5045 9092 9165 85 7005 2570 0000 5703 9581 PS Form 3811, July 2015 PsN Tmo-0z-0oo-11053 X �U Apad B. by pliaed Ntmry IQ CWbf DW—Y bd*myddesdlesaalmmeanly UYta MYEs,enterdWreryddmnbdow ❑No 3. BW4108 type ❑'k"u Bp. ❑AdA abeew ❑Rp.Ma- MrRDal ❑:= W i ❑ Cl~md rrm+aea oerve.r D"FV.." tr ❑ w. m Dd Y C a 3lpeen Car�brneuon"' Do srct m DWwaY wmkted DeP,erY ❑ 6.u.d wa ❑ S — C r�RY ov.�wa.t�t» t>� P..r ssa� DmresW Ream Receipt ; If YES, a ier deivwyvftM Wow. ❑ No Abe x rype ❑ Pftft Yri F Passe 9A M.0 F-kk i Delivery \de ❑ Rsg l t ❑ fie DrZ;w ma R—kwd , 2 Ma aeebl . 00r ery vw'/ ❑ Rrrtn 0( b, uscn.rww m D,*—, m Dsserr rbebkeM oeswy 0 9�ir+s^e For Canbnomi~ rnaJ RrWkted DrFwry nerekY00eevery Domestic Return Receipt • e e ■ Complete dome 1, 2, and 3. the reverse N. 5,rv.11y1� -\ El Aps^t �j X �. R-[,�/ ❑ pc0/zssee-- ■ Print your name and address on the card to Y• SG",'p�mao Nemel —1 Date d DWverY ao that we can return ■ Attach this card to the back of the maitpieye, e. a�z":a, -- a on the front it space PertM�• '--�- D. is dwva axresa dinaem oom!rsm 1t O see ❑ Ido 1Addressed . Adlde Addred to: It YES. ema d*-Y address pebv . II2 S ih LumYw LLC _ ;tv . �3�� was-�oK PIS 3 Sereil:e Type �- ❑ Rbdtl IY °tea �: °"°"°wp..bk�d NIII�NIIn1i1IIINII111441IIIIINIIIII 9590 9402 5045 9092 9211 07 d.m.dune D�a�o pv ccardrwrlyddp+wY ooyamtlw..r De,a,r„ec,rn„wm,• D oium Oeevq Rlrkid Dre+ay G 2. Article Nurifa (rvw¢fer from serrice leoeq 7005 2570 0000 5703 9611 dd arY ] R�elpsd arMaY ps Form 3811..idy ems PSN 1530-02 000'9o5s t- ■ Complete Items 1. 2, and 3. ■ Print your name ana address on the reverse eo that we can return the card to you. ■ Attach dis cad to the tack of the mailp - a on the frart It apace permits. _ _- 1. ANde Atldneed m: CF{� �tUNq�h/ liA�'L tTAlr VV 6ftlftt,l.E @eA(k},NC 2$ tW III IIlt,IIIIIIIIIIKIIIINIIIIH 1111111 9590 9402 5045 9092 9165 47 7003 1010 0000 0030 452E PS Form 3811, .Itly 2015 PBN 7580-= Dorreetic Return Receipt RECEIVED DCM WILMINGTON, NC SEP 2 4 2019 9/24/2019 USPS.com® - USPS Tracking® Results USPS Tracking® Track Another Package + Tracking Number: 70031010000000304511 FAQs > Remove X Your item was delivered at 8:32 am on September 9, 2019 in WRIGHTSVILLE BEACH, NC 28480. OV Delivered September 9, 2019 at 8:32 am m Delivered a WRIGHTSVILLE BEACH, NC 28480 v x Get Updates \/ Text & Email Updates u Tracking History u Product Information u See Less ^ GElveo,Can'tfind what you're looking for? CM W0014GN� o 9, A 209 Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfirmAction?tLabels=70031010000000304511 1 /2 9/24/2019 USPS.com@ - USPS Tracking® Resufts USPS Tracking' Track Another Package + Tracking Number: 70031010000000304535 FAQs > Remove X Your item was delivered to an individual at the address at 5:54 pm on September 7, 2019 in WILMINGTON, NC 28403. OV Delivered -n CD September 7, 2019 at 5:54 pm Cr Delivered, Left with Individual 0 WILMINGTON, NC 28403 Get Updates \/ Text & Email Updates Tracking History Product Information RECO ED See Less /\ OCM WILMINGTON, NC SEP 2 4 2019 u u u RECE%vED TOc �,� ��,nm nn1NGN, N Can't find what you're looking for? _ -> Go to our FAQs section to find answers to your tracking questions. hftps:lltools.usps.corn/gorrrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70031010000000304535%2C%2C 1 /2 CERTIFIED MAIL7�, +kNAVEMM� a� a16 ingbon. NC 2tt107 7003 1010 0000 0030 4429 p,6 WyM (X toERs /K,%1 10620 C11IRMoNf Uw RALLJ640 NC• 27b17 FC9. P08�Q! PAID gWILMM�gNGG wN, NC AMOUNT 9 1020 $7.45 27617 R2304M114099-25 NIXIE 274 'DC 1 9899/1-5/19 RETURN TO SENDER NOT DELIVERABLE AS AVVn ESSED UWAEL'E TO Ff(Rn�.RD ►�399497 , RECEiV�sr;.: RECE�VEr) DCM WILMINGTON, NC 0CM Wit MiNIn N. NC, SEP242019 SEP 24,�.� �I.MG Imhtsvil NC�8403� 15 9000 5703 9628 09 rq I a s uAAii/A (aft xmc,. y505 Ga AMo CIA ORD nfiNcToN QVLO ut. Nv 21 I04 PAID 9:1 GSONC 2�403 M�7.45 1020 27104 R2304MI14099.25 —R—T—S— 271045303-1N 09/13/19 RETURN TO SENDER INSUFFICIENT ADDRESS UNABLE TO FORWARD RETURN TO SENDER iluidil rlhIII .iii,i111P- III .uir-ilIII--I RECEIVED DCM WILMINGTON, NC SFP 2 4 9019 MG c:LMeNr c: �aov PAID cw�yr I DNNC 28403 Angton, NC 28403b 16 0.. 70�5 2570 0�AMOUNT 0� 5743 9598 �.�'� $7EP 945 28480 A2304M1''4099-25 l VA H*,, DU wIzibmVia-OIRO 'r NC/ 28480 t:GEiii IE September 17, 2019 SEP 17 2019 k� = Debbie Wilson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 pCM Wii_9AiIVGTUN, Re: CAMA Permit 110 South Lumina Avenue Dear Ms. Wilson, We are submitting our comments as a collective 108 Waynick Blvd dock ownership group concerning the CAMA permit for the proposed work at 110 South Lumina Avenue, Wrightsville Beach. From the onset our concern has always been about maintaining safe navigation to the boat slips at our dock facility. The current proposal is significantly improved overall and we are very appreciative of that fact. The only slip that remains at risk for navigation with the current proposal is the first, most eastern slip. We have spent hours analyzing, discussing and even driving boats in and out of that slip. The existing reference piling already sits several feet west of the opening of the first boat slip at our dock facility. Consequently, we have always requested that any new fixed or floating structures at 110 Waynick be constructed east of that piling. Although not obvious per the submitted aerial proposal, we have learned the proposed floating dock is six feet beyond the existing piling. In an effort to resolve this matter but address our ongoing concerns of maneuvering in and out of the first slip we are requesting a slight modification. We are requesting the permitted proposed floating dock be limited to four feet (inclusive of pilings) rather than six feet beyond the existing piling. The navigation will remain challenging but this slight modification will allow the owners of the first slip to continue to use the slip for their 28 foot boat, which will be the most at risk when navigating past the proposed new floating dock — specifically with the back end of the boat swinging over and hitting the floating dock when entering the slip. We welcome an on -site visit and boat docking experience so it is understood how tight the navigation space will be. Obviously, our preference would be to eliminate all navigational risks by keeping the proposed structures east of the piling, but at a minimum we are trying to mitigate our risks. Also, the aerial photo makes the proposed dock appear less threating and further away from the first slip than it actually is. Due to the distortions of the aerial photo with overlaid drawings which are somewhat confusing and misleading, we are requesting a final proposed drawing plotted on an actual survey showing the pier, gazebo, boat lift, floating dock, and pilings so we have an accurate depiction and understanding of the proposed project. We have a current survey of our dock facility that can perhaps be used for that purpose. In summary, provided the requested survey does not reveal anything unforeseen and the floating dock is reduced by two feet, we will not object to or oppose a CAMA permit. Again, we are most appreciative of the efforts of all parties to find an acceptable resolution. Yours truly, Teresa Andrews for 108 Waynick Blvd Dock Owners Teresa and Scot Andrews Linda and Mike Creed Nan and Rudy Howard ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Teresa and Scot Andrews Linda and Mike Creed Nan and Rudy Howard Docking facility owners at 108 Waynick Blvd Wrightsville Beach, NC 28480 NORTH CAROLINA Environmental Quality September 30, 2019 Dear 108 Waynick Blvd Docking Facility Owners: This letter is in response to your correspondence, which was received by the N.C. Division of Coastal Management on September 17, 2019, regarding your concerns about the proposed development by Matthew Scarf, at property located at 110 South Lumina Avenue, in Wrightsville Beach, NC. The project consists of constructing a private pier and covered platform, as well as a floating dock and boat lift, adjacent to the subject property. Based on consistency with the Rule requirements outlined in 15A NCAC 07H .1200, GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS, a permit has been issued to authorize the development. I have enclosed a copy of the permit, as well as the relevant statutes. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline. Please contact me at 910-796-7423, if you have any questions, or if I can provide any additional information. Respectfully yours, Patrick Amico Field Representative N.C. Division of Coastal Management 127 Cardinal Dr. Extension, Wilmington, N.C. 28405 :: DEQ> NORd� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 CAMA THIRD PARTY HEARING REQUEST FORM PETITIONER'S NAME DCM FORM 5 DCM FILE No: COUNTY WHERE THE DEVELOPMENT IS PROPOSED PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or the Division of Coastal Management acting on a CAMA Permit application hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third Party Hearing Request is a final agency decision which may be appealed to Superior Court under N.C.G.S. § 11.3A-121.I(b) and Chapter 15013, Article 4. For this application to be complete, the Petitioner must address each of the three factors listed below. The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by the permit decision.) (2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision often include, but are not limited to, owners of real property in the vicinity of the proposed development who can show that it is likely to have a significant adverse effect on the value and enjoyment of their property, or persons who can demonstrate a history of substantial use of public resources in the area directly affected by the development.) (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and arguments you would present at a hearing in support of your appeal explaining why the permit was improperly issued.) Please answer these questions on a separate piece of paper and attach it to this form. 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