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HomeMy WebLinkAbout66164D - MorrisonCAMA / ❑ DREDGE & FILL IENERAL PERMIT Previous permit # A "B New ❑Modification ❑Complete Reissue El Partial Reissue Date previous permit issued zed by the State of North Carolina, Department of Environment and Natural Resources oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC E' /_ ��'f✓� i ,j� ules torched. Name' 1 14O1r r i S Dl,, Project Location: County %uP. Street Address/ State Road/ Lot #(s) State Ae ZIP ilk _S-ew l'' 5f lir'1�/l (�M) 5a 4 7M E-Main Subdivision / dAgent �..i�.s0svl f�1 �I �S��z City PWA %45AIZ�/ � �t�� ZIP Z me ❑ CW VfW �J*A teS ❑ PTS Phone # ( &) f 3? "6*1 River Basin ❑ OEA ❑ HHF ❑ IH ❑ USA ❑ N/A Adj. Wtr. Body /!/J,d�! s' (, !>y�/� (nat Ltf ❑ PWS: � es / no PNA yes 1,463 Closest Maj. Wtr. Body �rrHWAIZ Project/ Activity 70Y1 �/ter! � k) length iorm(s) 'latform(s) gth fiber distance offshore- : distance offshore is yards Ildozing Length not sure yes 6V im: n/a yes no i ttached: yes A) I g permit may be required by:7 Vim/ , .ocal Planning Jurisdiction) I y'/' 40-Y t . ❑ See note on back regarding River Basin ru 0/20/2015 10/21/15 Dr. Jeff Morrison same First Citizens Bank 10494 $400.00 GP 66164D 10/20/2015 10/23/15 Antinori Construction Inc Roger Lewis B of A 3890 $400.00 GP 64767D + GP 661E 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3844 $400.00 major fee, 7404 E. BeE 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3845 $400.00 major fee, 7406 E. Bey 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3846 $400.00 major fee, 7408 E. Bea 10/20/2015 10/21/15 Custom Island Homes by Ken Kiser LLC Ken Kiser CresCom Bank 3847 $400.00 major fee, 7410 E. Bea 10/21/2015 10/23/15 MO for Brandon Grimes Scott Pindell Wells Fargo Bank 59183420318 $400.00 GP 66167D @S600 10/21/2015 10/23/15 MO for Brandon Grimes Scott Pindell Wells Fargo Bank 59183420329 $200.00 GP 66167D @$600 10/21/2015 10/23/15 Clements Marine Construction Inc Vern Hawkins First Citizens Bank 3933 S250.00 major fee, 202 Kings L 10/21/2015 10/23/15 Ocean's Edge Ventures LLC Margaret Ann Maida, LT BB &T 6777 S600.00 GP 66131 D 10/22/2015 10/23/15 TRCK same BB &T 1529 $100.00 renewal fee, MP 67-07 10/22/2015 10/23/15 Town of North Topsail Beach same First Citizens Bank 40151 S400.00 GP 6611OD 10/22/2015 10/23/15 Allied Marine Contractors LLC Becky Olbrych B of A 7923 $400.00 GP 64772D 10/23/2015 10/28/15 Grice Construction Barry Wishon BB &T 10616 $400.00 GP 56132D 10/23/2015 10/28/15 Holden Docks and Bulkheads John Kozak CresCom Bank 2286 $200.00 GP 66135D 10/23/2015 10/28/15 JRW/RDW Inc Rick West First Bank 1180 $200.00 GP 66133D 10/23/2015 10/28/15 Live Oak Enterprises Inc (Future Homes) Larry Norris BB &T 35653 $100.00 minor fee, SC 15-21 P 10/26/2015 10/28/15 HDI Holdings, LLC Robert Huff First South Bank 1017 $400.00 major fee, 402 N. Lake 10/26/2015 10/28/15 Clements Marine Construction Inc Jam Properties First Citizens Bank 3938 $400.00 GP 66180D + GP 661E 10/26/2015 10/28/15 Live Oak Enterprises Inc (Future Homes) Dowell Gray Jr BB &T 35652 $100.00 minor fee, 8708 3rd St 10/27/2015 10/28/15 ANA Builders Inc Karen Hartman First South Bank 8324 $100.00 minor fee, 3693 Island 10/27/2015 10/28/15 Charles Riggs & Assoc. Charles F. Riggs First Citizens Bank 14231 $100.00 minor fee, 111 Topsail 10/27/2015 10/28/15 David Lee Builders, Inc Warren Bell B of A 20389 $100.00 minor fee, 410 Evelyn - 10/27/2015 10/28/15'CLB Custom Homes Inc. Deborah Showalter South State Bank 4785 $100.00 minor fee, Lot 18 The 10/27/2015 10/28/15 Island Contracting Inc Lillian Carter Branch Banking & Trust 27864 $200.00 GP 66151 D 10/27/2015 10/28/15 Island Contracting Inc Willam & Roberta Hardaker Branch Banking & Trust 27879 $200.00 GP 66152D 10/27/2015 10/28/15 Island Contracting Inc David Farr Branch Banking & Trust 27878 S400.00 GP 66150D 10/27/2015 10/28/15 Island Contracting Inc Alex Paine Branch Banking & Trust 27877 S400.00 GP 64658D 10/27/2015 10/28/15 Island Contracting Inc Julia McIver Branch Banking & Trust 27875 $400.00 GP 64659D 10/27/2015 10/28/15 Island Contracting Inc Village of Bald Head Branch Banking & Trust 27876 $400.00 GP 63214D 10/27/2015 Eagle Island LTD Michael McCarley PNC Bank 1007 $100,00 renewal fee, MP 97-12 10/27/2015 Riverman LLC Michael McCarley PNC Bank 1111 $100.00 renewal fee, MP 132-1 10/27/2015, 10/28/15 Antinori Construction Inc B of A 3955 $400.00 GP for 270 Atkinson, IC 10/29/2015 Lea's Waterfront MHP Bert Lea Wells Fargo Bank 8010 $200.00 minor fee, PN 15-15, V 10/28/2015 Coastal Marine Piers and Bulkheads LLC Rebecca Huntzinger Wells Fargo Bank 20471 $200.00 GP 66155D 10/29/2015 H5 Construction LLC Randy Stiltner BB &T 1321 $200.00 GP 66134D 10/29/2015; Helen B. Pate same NC State Employees Credit IJ 2203 $400 OO;G_P 66136D 10/29/2015, Wellman's Construction Inc same BB &T 13232 $10 0jminor fee, 1713 Ocear 1 a � 3 E a O L > n u L = a c - I� a 3 --- ,� Ne Division of Coastal Mgt. Habitat impact computer Sheet a ►icant: �('e 1 Permit* * pp V )ate: / (/ / Z g/1S )escribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement ound in your Habitat code sheet. TOTAL Sq. F. for. FINAL Sq. Ft. (Anticipated final TOTAL Feet (Applied for. FINAL Feet (Anticipated final DISTURB TYPE (Applied Disturbance total disturbance. Excludes any Disturbance total includes disturbance. Excludes any iabitat Name Choose One includes any anticipated restoration any anticipated restoration and/or temp impact restoration or temp impacts) and/or temp impact amount restoration or temp impacts) amount 6 Dredge ❑ Fill )( Both ❑ Other ❑ 0 S B Dredge ❑ Fill Both ❑ Other ❑ 2 d 5 2c,5� 5 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Dredge ❑ Fill ❑ Fill ❑ Both ❑ Both ❑ Other ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 8/18/2015 Name of Property Owner Applying for Permit: Jeff and Suzanne Morrison Mailing Address: 228 Seacrest Drive Wrightsville Beach, NC 28480 I certify that I have authorized (agent) SEPI Engineering eering — Jason Hales to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Shoreline stabilization , at (my property located at) 228 Seacrest Drive Wrightsville Beach, NC 28480 This certification is valid thru (date) 2/22/2016 QkMaturp Date September 21, 2015 To: Robb Mairs NC Division of Coastal Management Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Chad Coburn NCDENR - DWR Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 From: Jason Hales SEPI Engineering & Construction 5030 New Centre Drive, Suite B Wilmington, NC 28403 Tyler Crumbley U.S. Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 Re: NCDCM general permit #1100, USACE general permit #197800080 and NCDWR water quality certification #3885. Shoreline Stabilization 228 Seacrest Drive, Wrightsville Beach, NC 28480. Dear Robb: SEPI Engineering and Construction is pleased to submit on the behalf of Jeff and Susan Morrison a request for use of NCDCM general permit #1100, USACE general permit #197800080 and NCDWR water quality certification #3885 for shoreline stabilization at 228 Seacrest Drive, Wrightsville Beach, NC 28480 (Figures 1 and 2). SEPI staff (Jason Hales) conducted a visit to the Site at the request of Suzanne Morrison on July 22, 2015. Mrs. Morrison described that just prior to our visit the coastal riparian buffer along her southeast property boundary had been denuded by her adjacent property owner (Photo 1). The negative effects resulting from the removal of a riparian buffer may include: coastal erosion and property loss with reduced soil stabilization and increased storm damage; water quality degradation through increased sedimentation and reduced stormwater filtration; wildlife habitat, natural corridor and biodiversity loss; an increase in noise pollution from adjacent properties and boat traffic; loss of privacy; and a loss in property value as a result of decreased amenity and views. An intact and well -functioning riparian buffer provides erosion control, water quality benefits, wildlife habitat, noise reduction and privacy. Some benefits of riparian zones are summarized here: https://en.wikii)edia.orci/wiki/Riparian zone. SEPI staff (Jason Hales and Christopher Dustin) conducted a site visit on August 19, 2015 with DCM agent (Robb Mairs). The shoreline stabilization will include a rip rap revetment placed just above/upland from the Mean High Water (MHW) along the northeast property line connecting the bulkhead to the property boundary and a rip rap revetment in front of the existing bulkhead on the southern edge of the property (Figure 2). The upland revetment along the northeast property boundary will be an elevation that allows for buffer vegetation restoration and is estimated to be approximately 2-4 foot wide and approximately 1-3 foot tall. The leftover old growth wax myrtle stumps and roots will be removed and the soil re -graded to allow for plantings of Live Oaks and/or associated native and landscaping buffer species. The revetment at the base of the existing bulkhead will be placed at approximately a 1:1 slope and will be placed to an elevation just above MHW to protect the structure. This is estimated to be approximately 3-4 foot tall and approximately 3-4 foot wide. For both structures, clean Class II limestone rip rap will be used with filter fabric placed beneath and keyed in at the toe. The materials will be brought to the site using a small barge at high tide and fiberglass matting if necessary to minimize temporary impacts to the coastal marsh. The repair work will be conducted as outlined in this request and as discussed on August 19, 2015 by NCDCM (Robb Mairs) and SEPI (Jason Hales and Christopher Dustin). Robb Mairs mentioned during the August 19, 2015 meeting that a New Hanover County Building Permit would be required from Bill Squires (910.256.7937) We appreciate the opportunity to work with you. Please contact us if you have any questions regarding the information we have provided. Sincerely, SEPI Engineering JQL Construction J n Hales nvironm entall Project Manager SEPI Engineering and Construction 5030 New Centre Drive, Suite B Wilmington, NC 28403 910.633.6921 Enclosures: RIPARIAN NOTIFICATION FOR CAMA GENERAL PERMIT APPLICATION SEPI Engineering and Construction 9/21/2015 Jason Hales 5030 New Centre Drive, Suite B Wilmington, NC 28403 Certified Mail — Return Receipt Requested PSM Beach Properties, LLC 226 Seacrest Drive Wrightsville Beach, NC 28480 Dear PSM Beach Properties, LLC: NCDOT Division 3 is applying for the use of NCDCM CAMA general permit#1100 forshoreline protection at 228 Seacrest Drive, Wrightsville Beach, NC 28480. Work will include a rip rap revetment placed just above/upland from the Mean High Water (MHW) along the northeast property line connecting the bulkhead to the property boundary and a rip rap revetment in front of the existing bulkhead on the southern edge of the property (Figure 2). The upland revetment along the northeast property boundary will be an elevation that allows for buffer vegetation restoration and is estimated to be approximately 2-4 foot wide and approximately 1-3 foot tall. The leftover old growth wax myrtle stumps and roots will be removed and the soil re -graded to allow for plantings of Live Oaks and/or associated native and landscaping buffer species. The revetment at the base of the existing bulkhead will be placed at approximately a 1:1 slope and will be placed to an elevation just above MHW to protect the structure. This is estimated to be approximately 3-4 foot tall and approximately 3-4 foot wide. For both structures, clean Class II limestone rip rap will be used with filter fabric placed beneath and keyed in at the toe. The materials will be brought to the site using a small barge at high tide and fiberglass matting if necessary to minimize temporary impacts to the coastal marsh. The repair work will be conducted as outlined in this request and as discussed on August 19, 2015 by NCDCM (Robb Mairs) and SEPI (Jason Hales and Christopher Dustin). The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Robb Mairs, North Carolina Division of Coastal Management, Wilmington District,127 Cardinal Drive Ext., Wilmington, NC 28405- 3845 within 10 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-633-6921, = ■ LI NFUCATION bill Maier Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) 228 Seacrest Drive Applicant 1: First Name Jeff MI Last Name Morrison Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 228 Seacrest Drive PO Box City Wrightsville Beach State NC ZIP 28480 Country USA Phone No. 919 - 522 - 2756 ext. FAX No. Street Address (if different from above) City State ZIP Email sdepalmamorrison@att.net 2. AgentContractor Information Business Name Sepi Engineering And Construction Agent/ Contractor 1: First Name MI Last Name Jason Hales Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 5030 New Centre Drive, Suite B Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 633 - 6921 ext. ext. FAX No. Contractor # 910 523 5716 Form DCM MP-1 (Page 4 of 5) I. Will wastewater or stormwater be discharged into a wetland? APPLICATION for Major Development Permit No If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name PSM Beach Properties, LLC Phone No. Address 226 Seacrest Drive, Wrightsville Beach, NC 28480 Name 230SDWB, LLC Phone No. Address 230 Seacrest Drive, Wrightsville Beach, NC 28480 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. Form DCM MP-1 (Page 5 of 5) Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information APPLICATION for Major Development Permit arm DCM MP-2 EXCAVATION and FILL xcept for bridges and culverts) ;ach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint iplication that relate to this proposed project. Please include all supplemental information. :scribe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excludir (NLW or Breakwater shorelin NWL) stabilizati �ngth idth rg. Existing NA NA :pth ial Project NA NA tpth EXCAVATION ❑This section not applicat Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. n/a 0 (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: Only what is required to remove the stumps and regrade. Possibly 0 cubic yards. d. High -ground excavation in cubic yards. <1 cubic yard - only what is required to remove the stumps and regrade. Possibly 0 cubic yards. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicat Location of disposal area. b. Dimensions of disposal area. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA [-]Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), r-lvo. nN., I-Irvn orm DCM MP-2 (Excavation and Fill, Page 3 of 3) l a I? >plicant me >pli t Signature SEACREST DRIVE (K R/W) ECM ROLCORNE 135E N: 171264.72 `03'31'E 41.42' N89°53'29'E E: 2360184.85 NIF rw�EA1m caRBER JEFFREV 8 SUUNNE MORRISON N° DB 2739 PC 0690 H 0285 Ac (Mean Mgh Wet-) N-0.666 Ac. (Mean Low Water Per M0. 7 PG. 74) PARCEL ID R05719-003031000 R 7m�,;_ DB — TWO STORY I WOODEN HOUSE Ek WOODEN M �FENB �� EIP (ON LINE) �x / DEED REFERENCES DEED BOOK 2739, PAGE OBBO (7 DEED BOOK 2350, PAGE 0202 DEED BOON 1071, PAGE 07 / DEED BOON 5277, PAGE 1752 51 DEED BOOK 5908, PAGE 1237 MAP BOOK 7, PAGE 74 * Ar / MOTTSCHANNEL----/ N W E s LEGEND 0 msrmcc�xi� nrtawxvxcxr � aaMrma mnx nre ® ixonnrsert p Rxulm A oa xc um nr.m wu n>, Omlmc vnumlou o TSAR! xoxrM=rts ox xKnlD..F ,neNMMR.GFIE1,swL G�,m1a. 0 - - a1. - --- z > Z i AsoV IgllSREAS CALOUIATED BY 100RD1A11061111 — E. DUTANCEs sHowN ARE NORaoNTu SURFACE MEAsuREMENn. U' PPP444 W (' V 5. NAD e] SCALE FACTOR-0 M9235 A PARCEL ID R0571xee5-033­0ee y5 aL.E = "�FooD�Ac;FD-ELAI E+ �Sa Aug I"A" TM�oBY L cE z OR FORTO—FEIEFM TNEREOG. IS LOCATED IM A FFEMA DESIGNATED SPECIAL FLOOD HAunD AREA VEIEL 151 FwM MA" 31-11— NOAA HlGHLWATEROUNE E ON ID. Fe45S4I 5S1. t'BASED ON WINONTSVILLE BFACM � 1 GRAPHIC SCALE mil 1 Of I Ln 0' O O m m a ru 0 0 0 Cl m r` a Ln a 0 r- U.S. Postal Service - CERTIFIED MAIL' RECEIPT Domestic Mail Only ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PSM �E�-+t f RoPEfZTIrcS, �� C as S CA(- KLSfiL)F. A. Si at ^ (// ' ❑ Age — ❑ Add. B. Received by n' ted ame) �jDate jof Del A 1!� /L-1)10 — b ( D. Is deliveryddress different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No CZ698a 1 3. Service Type U Priority Mail Express® Il I IIIIII Till Ill l l I I I I I II' I' l l I IIII IIII I it III ❑ Adult Signature p Registered tlal•" ❑ Adult Signature Restricted Delivery O Registered Mail Restriete 9590 9403 0582 5183 1430 90 11 Certified Mai ® ❑ Certified Mail Restricted Delivery Delivery ❑Return Receipt for ❑ Collect on Delivery Merchandise n n..:^�^ r,r,....ti^. rr ^^s,.. r...--.....�•:..--�-^ n Delivery Restricted Delivery ❑ Signature Confirmation'* 7 015 1730 0002 1330 1095 311 ell Restricted Delivery O Signature Confirmation Restricted Delivery I lover S5ou) PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt RIPARIAN NOTIFICATION FOR CAMA GENERAL PERMIT APPLICATION SEPI Engineering and Construction 9/21/2015 Jason Hales 5030 New Centre Drive, Suite B Wilmington, NC 28403 Certified Mail — Return Receipt Requested 230SDWB, LLC 230 Seacrest Drive Wrightsville Beach, NC 28480 Dear 230SDWB, LLC: NCDOT Division 3 is applying for the use of NCDCM CAMA general permit #1100 for shoreline protection at 228 Seacrest Drive, Wrightsville Beach, NC 28480. Work will include a rip rap revetment placed just above/upland from the Mean High Water (MHW) along the northeast property line connecting the bulkhead to the property boundary and a rip rap revetment in front of the existing bulkhead on the southern edge of the property (Figure 2). The upland revetment along the northeast property boundary will be an elevation that allows for buffer vegetation restoration and is estimated to be approximately 2-4 foot wide and approximately 1-3 foot tall. The leftover old growth wax myrtle stumps and roots will be removed and the soil re -graded to allow for plantings of Live Oaks and/or associated native and landscaping buffer species, The revetment at the base of the existing bulkhead will be placed at approximately a 1:1 slope and will be placed to an elevation just above MHW to protect the structure. This is estimated to be approximately 3-4 foot tall and approximately 3-4 foot wide. For both structures, clean Class II limestone rip rap will be used with filter fabric placed beneath and keyed in at the toe. The materials will be brought to the site using a small barge at high tide and fiberglass matting if necessary to minimize temporary impacts to the coastal marsh. The repair work will be conducted as outlined in this request and as discussed on August 19, 2015 by NCDCM (Robb Mairs) and SEPI (Jason Hales and Christopher Dustin). The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Robb Mairs, North Carolina Division of Coastal Management, Wilmington District, 127 Cardinal Drive Ext., Wilmington, NC 28405- 3845 within 10 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-633-6921, O rq r-9 O m m ra n.l 0 a 0 0 m r- ra ra 0 r- U.S. Postal Service" CERTIFIED MAIL" RECEIPT Domestic Mail Only icole Gerke om: auto-reply@usps.com nt: Monday, October 12, 2015 10:42 AM 1: Nicole Gerke abject: USPS Shipment Info for 70151730000213301101 J1 Tracking Number: 701517300002133011 C cello licole ierke, hank you )r using SPS.com. his is a post -only message. Please do not respond. icole Gerke has requested that you receive the current USPS Tracking TM information, as shown elow. urrent USPS TrackingTm e-mail information provided by the U.S. Postal Service. racking Number: 70151730000213301101 xpected Delivery Date: September 24, 2015 ervice Type: Certified MaiITI >hipment Activity /loved, Left no Address Jndeliverable as Addressed )ut for Delivery Location WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH. NC Date & Time September 24, 2015 3:55 pm September 24, 2015 10:25 am September 24, 2015 10:01 am September 24. 2015 a O rq 0 m m ti 0 0 a 0 m r` Ln a 0 U.S. Postal Service'" CERTIFIED MAIL° RECEIPT Domestic Mail Only licole Gerke rom: auto-reply@usps.com ent: Monday, October 12, 2015 10:42 AM o: Nicole Gerke ubject: USPS Shipment Info for 70151730000213301101 0 Tracking Number: 701517300002133011 C cello Jicole verke, 'hank you or using JSPS.com. -his is a post -only message. Please do not respond. Jicole Gerke has requested that you receive the current USPS Tracking TM information, as shown >elow. .urrent USPS TrackingTm e-mail information provided by the U.S. Postal Service. -racking Number: 70151730000213301101 xpected Delivery Date: September 24, 2015 iervice Type: Certified MailT"" Shipment Activity Moved, Left no Address Jndeliverable as Addressed Dut for Delivery Location WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC 28480 WRIGHTSVILLE BEACH, NC Date & Time September 24, 2015 3:55 pm September 24, 2015 10:25 am September 24, 2015 10:01 am September 24, 2015 kcceptance WILMINGTON, NC 28403 September 22, 2015 11:01 am ISPS has not verified the validity of any email addresses submitted via its online USPS TrackingT" )ol. or more information, or if you have additional questions on USPS Tracking TM services and feature lease visit the Frequently Asked Questions (FAQs) section of our USPS Tracking TM site at ttp://www.usps.com/shipping/uspstrackingfaqs.htm Vant to Track on the go? Iou can track your packages using USPS Text TrackingTm by texting your tracking number to 2877 ?USPSTM) or selecting the Text Update option on our USPS TrackingTM site. Standard Message nd Data Rates may apply. or more information go to https://www.usps.com/text-tracking/welcome.htm Download USPS Mobil( 0 ISPS.comj Privacy Policy) Customer Service) FAQs A000AI 'his is an automated email please do not reply to this message. This message is for the designates �cipient only and may contain privileged, proprietary, or otherwise private information. If you have sceived it in error, please delete. Any other use of the email by you is prohibited. Ln r]' 0 O m m ru 0 0 to 0 m N Ln a 0 r, U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic Mail Onfy ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PSM ��� t'aoPERTIES,«� aye S EA(- KEsfiL)F.. "P6 v I L-LE etc f+, N a 8 9 A. Si uat ^ (// 1 ❑ Agent X �-r-- ❑ Addresse( B. Received by rl ted ame) Gate of Deliver) C - A D. Is delivery ddress different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No II I'I�I'I II I IIII I I I I I IN 111111111 I II (II lIl3. ❑ AdulltSign Signice ature ❑ Registered Mail -Mail ssJ 1 ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricte CJ Certified Mai Delivery 9590 9403 0582 5183 1430 90 ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise n n..:..,,, ..+......,.,, it .,..a., o,.... ,......:,... +..�_� r Delivery Restricted Delivery 0 Signature Confirmation^ Sgna Confirma 7 015 1730 0 0 0 2 1330 1095 3ii Restricted Delivery G Restrctred Delivery Lon I (over$bUU) PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt NIII!IIIII�nIIIGG�llllullll� ?o., 1?30 000= 1330 .,o. U.S. POSTAGE WILM N+GTON,NC SEP2�s AMOUNT p ze4au ��,-0v -Z 30 sV--A(-RCST DP-1 VE vv �-i G- hv I Luc 3-c-Ac 4 , N (-- I- 8`t 80 P.ETURN TO SENDEF NO s�JCH NjMB=R UN.ASLE -rO °OP.'IARD *2780-03023-20-34 E RECEIVED DCM WILMINGTON, NC 0 C T 2 9 2015 SEPI C ENGINEERING & C O INS T R U C T I O N LETTER OF TRANSMITTAL 5030 New Centre Drive, Suite B Wilmington, NC 28403 Tel 910.523.5715 Fax 910.523.5716 Via: Date: Hand delivery October 29, 2015 To: From: Division of Coastal Management SEPI Engineering & Construction, Inc. North Carolina Department of Environmental Quality 5030 New Centre Drive, Suite B Wilmington, NC 28403 127 Cardinal Drive Extension Wilmington, NC 28405 Attention: Robb Mairs, Field Representative Subject: NCDOT Division 3 - 228 Seacrest Drive We are sending you: Jason Hales, PWS, Environmental Project Manager SEPI Project/Phase/Task No.: EN15.034.00, P100 ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ Reports ❑ Contracts ❑ Invoice ® Other Copies Date Description 1 10/28/15 Original Certified Mail Notification of Return to Sender/Unable to Forward - 230 Seacrest/230SDWB, LLC Comments: I — n BY IRE TURNED 1XI—In t awl I. ;KITT LAW FIRM .gym Co��a Houv C k`U��� � n •n 41.w�� 1 c ,dt(Y 2739 0690 4o aYpp err C eva jam • Sl•So.00 n.w STATE OF NORTH CAROLINA ttw Es„+. . EactM Tax COUNTY OF NEW HANOVER WARRANTY DEED THIS DEED, arcade this 27th day elf April, 2000, by VIRGIL M. MORRISON and wife, SALLY P. MORRISON, GRANTOR:, to JEFFREY M. MORRISON, an unrnaricd man, of 204 Forest Road, Raleigh, North Carolina, 27605, GRANTU; WITNESSETH: That the said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that lot, tract or parcel of land situated in the County of New I lartoveT and State of North Carolina, and mart: particularly described as follows: (Tax Parcel N R05719-003-033-000) BEING ALL OF LOT 81, EXTENSION OF DEVELOPMENT N3, SHORE ACRES, ACCORDING TO THE PLAT THEREOF DULY RECORDED IN MAP BOOK 7 AT PAGE 74 IN THE NEW HANOVER COUNTY REGISTRY. TO HAVE AND TO HOLD the aforesaid lot, tray or parcel of land, and all privileges and appurtenances thereto belonging in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and fire and clear of all encumbrances; and that Grantor will warrant and defend the title against lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Tide to the property hereinabove described is subject to the following exceptions: (a) to County and Local Zoning Ordinances; (b) to standard easements for utilities; (c) to restrictive covenants of record. if any, and (d) taxes for the current year. The designation Grantor and Grantee as used herein shall include said parties, their heirs, Drs. and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. t Inch = 500 feet Figure 1 - 228 Seacrest Drive Vicinity 0SEPIGRAPHIC SCALE Shoreline Stabilization o vc sao ,oeo July2015 _••••<'^ !acrest Drive Vicinity Map. "T�,;, e 1 Inch . 15 feet Figure 2 - 228 Seacrest Drive ` SE P +�.rv+r ��an.-a. ��,. GRAPHIC SCALE Shoreline Stabilization • Revetment C o s F� September2015 >•*��<* �• ,acrest Drive Plan View Aerial. Photo 1.228 Seacrest Drive view to northeast. k you for your order! ference Number: 3463262-0. Submitted. r Details it NC DENR PURCHASING Shipping Method State of NC nent 50 - ENVIRONMENT OF NATRL RES Special Attention in Patricia Hay Personal Notes Tax exempt #400027 Address Long PO Name NC DENR PURCHASING Address 127 CARDINAL DR EXT Payment Visa (ending in 9020) Suite ENVIRONMENT OF NATRL RES City WILMINGTON, NC - 28405 ig Address Name NC DENR PURCHASING Address 127 CARDINAL DR EXT Suite ENVIRONMENT OF NATRL RES City WILMINGTON, NC - 28405 Items --_ Your Price Packaging Qty Ext. Price 5424SSCP $14.05/Pack 24/Pack 3 $42.15 Super Stinky Note Office Pack ent 5324VADB $6.00lPack 24/Pack 4 $24.00 Classic Note It ant; it 220r $4.46 / Pack 1 Pack/Box 5 $22.30 ;at Smooth Paper Clip ent 60 �,j$15.26/Box 3000Box 2 $30.52 -asy Peel Address Label i ent: 220 $2.27/Dozen 12/Dozen 10 $22.70 e i f,iip ont: 210 $2.29 / Dozen 12/Dozen 5 $11.45 Live ` ^at C Checkout - Order Confirm Item Total: $791 Shipping: $0 Subtotal: $791 Tax: $0 Total: $791. Need help? Call 800-532-0335 for assistance leinill Fore Super Premium Paper nent 5364 Cf$0.15 / Dozen 12/Dozen 20 $3.00 ass Source Binder Clip lent. 5550 �,) $0.12 / Dozen 12/Dozen 25 $3.00 ass Source Binder Clip lent 2250 .5j$14.43 / Box 500/Box 10 $144.30 j I� ass Source Regular Commercial Envelope lent: 7855 $9.04 / Box 100Box 8 $72 32 y Park Gasp Envelope lent 4562 C $9.03 / Box 100/Box 8 $72.24 y Park Redi-Strip Envelope lent 7897 }$6.42 / Box 100/Box 5 $32.10 y Park Clasp Envelope i lent: 321 $0.94lEach 1 Each 20 $18.80 Steno Book j tent. 533 $5.78/Dozen 12/Dozen 2 $11.56 The Legal Pad Ruled Top Perforated tent 501 Cr$12.02/Dozen 12/Dozen 1 $12.02 The Legal Pad Ruled Perforated ( i ient f 501 $12.02/Dozen 12/Dozen 1 $12.02 The Legal Pad Ruled Perforated rent: II =LTR ,G,r $5.34 / Box 100 Each 8 $42.72 f� ;home Top Tab File Folder i lent: i A508 S}$16.27l Pack 8/Pack 1 $16.27 i Sure Start Packaging Tape i lent: �I i 408 $1.98/Each 1 Each -- 5 $9.90 I( i Household/Office•Scissors I I I� lent: i10K24 $31.35/Pack 24/Pack 1 $31.35 'I i Magic Invisible Tape lent: 11vw .6-VA AA / rlman 1711`)n...n z -tin zu e Permanent Fine Point Marker lent: 0211 ;S;$3.71/Pack 250/Pack Vellum Bristol Copy & Multipurpose Paper lent: K1400 �f$3.20/Each 1 Each lance Monthly Compact Full Year Desk Pad Calendar lent 2 $7 42 6 $19.20 Copyright ® 2015 ECI Software Solutions, Inc. All rights reserved. III1IIIIII�INIIIMN�Illllllll� 7015 1730 0002 1330 1.01 uAIITE_-__—pSTAMS R0S7dL SERVICE. 28480 U.S. POSTAGEPAD _ WILM NIGTON,NC 28403 SEP 22, 15 AMOUNT .18-- 4143.1 "e-08 230 5tiAcKCsT wRlUttjj-s�vl CLC 3-c-AcNc- �-8`l80 RECEIVE DCN! WILM!NGI OCT 2920 /" NTXTE 77K _F 1 071v)/7�'� n"� ' RETURN TO SENDER NO SUCH NUMBER UNABLE TO FORWARD *2780-03023-20- ® Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: d23 G-S.)W 13, L1-C. �.3 o SFA C IP-�rt D (2- 4�lttkilr 11VVV UZILILLUJU - - - - 3NIl 0311001V OIOd 'SS3tlOOtl Ntl71383H1 do 1HOItl 3H1 Ol 3dOl3AN3 d0 dOl IV H3N3IIS 30V3d A. Signature X ❑ Agent i ElAddressee B. Received by (Printed Name) C. Date of Delivery 'l D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No III�III'I I'll I'I II l IIII'I'I I'III IIII I'(I'll �lI 11 3. Service Type ❑ Priority Mall Express Adult Signature ❑Registered MaiIT^' � ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted) ❑ Certified Mail® Delivery 9590 9403 0582 5183 14:30 83 ❑ Certified Mail Restricted Delivery O Return Receipt for ❑ Collect on Delivery Merchandise A ilrlo nl,,,,,— r __o__ r__ n Delivery Restricted Delivery El Signature Confirmation'" i 7 015 1730 0002 1330 1101 nail ❑ Signature Confirmation ioureu Mall Restricted Delivery Restricted Delivery I (over $500) PS Form 3811, April 2015 PSN 7530 02 000 9053 Domestic Return Receipt a :r STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER JEFFREY M. MORRISON, Plaintiff, V. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 15 CVS 2353 NOTICE OF DEPOSITION ELISABETH GERICS AND HUSBAND, JEFFREY LAMM, Defendants. TO: Gary K. Shipman Shipman & Wright, L.L.P. 575 Military Cutoff Road, Suite 106 Wilmington, NC 28405 PLEASE TAKE NOTICE that the undersigned attorney, pursuant to Rule 30 of the North Carolina Rules of Civil Procedure, will take the testimony of the named deponent by deposition upon oral examination before a court reporter duly authorized to administer oaths by the State of North Carolina, at the time and on the date set forth below, and thereafter, from day to day as the deposition may be adjourned, at which time and place you are notified to appear and take such part in the examination as you may be advised and as shall be fit and proper. Deponent's Name: Robb L. Mairs Place: Shipman & Wright, LLP 575 Military Cutoff Road, Suite 106, Wilmington, NC Date: Monday, May 2, 2016 Time: 2:00 p.m. This the 27" day of April, 2016. RECEIVED nrnAIAll 1 AAIA, .— HEDRICK GAINER KINCHELOE & GAROFAL , LLI By: S,Q6TT LEWIS .C. State Bar No. 22167 PAMELA L. CARTER U I t: Kule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d). ) Protection Of Persons Subject To Subpoena 1) Avoid undue burden or expense - A party or an attorney responsible for the nuance and service of a subpoena shall take reasonable steps to avoid imposing an idue burden or expense on a person subject to the subpoena. The court shall enforce s subdivision and impose upon the party or attorney in violation of this requirement appropriate sanction that may include compensating the person unduly burdened for it earnings and for reasonable attorney's fees. 2) For production of public records or hospital medical records. — Where the bpoena commands any custodian of public records or any custodian of hospital ,dical records, as defined in G.S. 8-44.1, to appear for the sole purpose of producing lain records in the custodian's custody, the custodian subpoenaed may, in lieu of rsonal appearance, tender to the court in which the action is pending by registered or rtified mail or by personal delivery, on or before the time specified in the subpoena, lifted copies of the records requested together with a copy of the subpoena and an idavit by the custodian testifying that the copies are true and correct copies and that records were made and kept in the regular course of business, or if no such records in the custodian's custody, an affidavit to that effect. When the copies of records personally delivered under this subdivision, a receipt shall be obtained from the rson receiving the records. Any original or certified copy of records or an affidavit livered according to the provisions of this subdivision, unless otherwise ectionable, shall be admissible in any action or proceeding without further lification or authentication. Copies of hospital medical records tendered under this Aivision shall not be open to inspection or copied by any person, except to the lies to the case or proceedings and their attorneys in depositions, until ordered dished by the judge at the time of the hearing or trial. Nothing contained herein shall construed to waive the physician -patient privilege or to require any privileged nmunication under law to be disclosed. 3) Written objection to subpoena - Subject to subsection (d) of this rule, a person nmanded to appear at a deposition or to produce and permit the inspection and >ying of records, books, papers, documents, electronically stored information, or gible things may, within 10 days after service of the subpoena or before the time ,cified for compliance if the time is less than 10 days after service, serve upon the ty or the attorney designated in the subpoena written objection to the subpoena, Ling forth the specific grounds for the objection. The written objection shall comply 1 the requirements of Rule 11. Each of the following grounds may be sufficient for acting to a subpoena: The subpoena fails to allow reasonable time for compliance. The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. The subpoena subjects a person to an undue burden or expense. The subpoena is otherwise unreasonable or oppressive. The subpoena is procedurally defective. .) Order of court reauired to override obiection - If objection is made under division (3) of this subsection, the party serving the subpoena shall not be entitled ompel the subpoenaed person's appearance at a deposition or to inspect and copy serials to which an objection has been made expect pursuant to an order of the irt. If objection is made, the party serving the subpoena may, upon notice to the ipoenaed person, move at any time for an order to compel the subpoenaed son's appearance at the deposition or the production of the materials ;ignated in the subpoena. The motion shall be filed in the court in the county in ch the deposition or production of materials is to occur. i) Motion to quash or modify subpoena. - A person commanded to appear at a hearing, deposition, or to produce and permit the inspection and copying of )rds, books, papers, documents, electronically stored information, or other 3ible things, within 10 days after service of the subpoena or before the time cified for compliance if the time is less than 10 days after service, may file a ion to quash or modify the subpoena. The court shall quash or modify the poena if the subpoenaed person demonstrates the existence of any of the sons set forth in subdivision (3) of this subsection. The motion shall be filed in court in the county in which the trial, hearing, deposition, or production of erials is to occur. (6) Order to compel' expenses to comply with subpoena. -When a coil an order compelling a deposition or the production of records, books, p documents, electronically stored information, or other tangible things, the shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena. The cot order that the person to whom the subpoena is addressed will be reasc compensated for the cost of producing the records, books, papers, doc or tangible things specified in the subpoena. (7) Trade secrets, confidential information. - When a subpoena requi, disclosure of a trade secret or other confidential research, development, c commercial information, a court may, to protect a person subject to or E by the subpoena, quash or modify the subpoena, or when the party on behalf the subpoena is issued shows a substantial need for the testimo material that cannot otherwise be met without undue hardship, the court order a person to make an appearance or produce the materials only on specified conditions stated in the order. (8) Order to quash: expenses. - When a court enters an order quashil modifying the subpoena, the court may order the party on whose behalf tl subpoena is issued to pay all or part of the subpoenaed person's reaso expenses including attorney's fees. (d) Duties In Responding To Subpoena (1) Form of response. - A person responding to a subpoena to produc records, books, documents, electronically stored information, or tangible that shall produce them as they are kept in the usual course of business shall organize and label them to correspond with the categories in the re( (2) Form of producing electronically stored information not specified - subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms it it ordinarily is maintained or in a reasonably useable form or forms. (3) Electronically stored information in only one form — The person responding need not produce the same electronically stored informatior more than one form. (4) Inaccessible electronically stored information — The person respon need not provide discovery of electronically stored information from sou that the person identifies as not reasonably accessible because of undu burden or cost. On motion to compel discovery or for a protective order person responding must show that the information is not reasonably acc because of undue burden or cost. If that showing is made, the court ma nonetheless order discovery from such sources if the requesting party sl good cause, after considering the limitations of Rule 26(b)(1 a). The cou specify conditions for discovery, including requiring the party that seeks discovery from a nonparty to bear the costs of locating, preserving, colle and producing the electronically stored information involved. (5) Specificity of obiection. - When information subject to a subpoena it withheld on the objection that it is subject to protection as trial preparatic materials, or that it is otherwise privileged, the objection shall be made witt specificity and shall be supported by a description of the nature of the communications, records, books, papers, documents, electronically stop information, or other tangible things not produced, sufficient for the requi party to contest the objection. INFORMATION FOR WITNESS NU I t: If you have any questions about being subpoenaed as a witness, you should contact the person named on Page Oneof this Subpoena box labeled Name And Address Of Applicant Or Applicant's Attorney. DUTIES OF A WITNESS BRIBING OR THREATENING A WITNESS sirs, Robb L Im: Mairs, Robb L it: Thursday, April 28, 2016 3:59 PM Mairs, Robb L )ject: 228 Seacrest 6/15- Site visit with Tara M. to staked out proposed bulkhead location to stabilize eastern shoreline where tree re recently removed. .6/15- Site visit with USACE reps. and Ed Flynn. USACE concurred with our line as their line. Ed stated he will cc ner to consider rip -rap verses bulkhead. 9/15- Site visit with Jason Hales (consultant) and Jim B. (surveyor)to discuss permit for rip -rap along the easteri ithern area of property thru a GP, avoiding impacts. '29/15- GP issued. '1/15- Site visit, no work started. 5/16- Site visit, work completed per permit conditions. bb Mairs Id Representative ision of Coastal Management th Carolina Department of Environmental Quality 796.7423 office 395.3964 fax b.mairs(d_)ncdenr.gov \� 'Cardinal Drive Extension mington, NC 28405 Nothing Compares—.,—,. ail correspondence to and from this address is subject to the -th Carolina Public Records Law and may be disclosed to third i SATE OF NORTH CAROLINA File No. 15 CVS 2353 In The General Court of Justic IEW HANOVER County ❑ District ❑ Superior Court D FFREY M. MORRISON Additional File Numbers VERSUS SUBPOENA ISABETH GERICS and husband, JEFFREY LAMM G.S. 1A-1, Rule 4E !y Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your req itate/Plaintiff ❑ Defendant must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge. Name And Address of Person Subpoenaed Alternate Address Robb L. Mairs Department of Environmental Quality Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Telephone No. Telephone No. 'OU ARE COMMANDED TO: (check all that apply): appear and testify, in the above entitled action, before the court at the place, date and time indicated below. I appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. I produce and permit inspection and copying of the following items, at the place, date and time indicated below. ❑See attached list. (List here if space sufficient.) Your entire file pertaining to the property located at 230 Seacrest Drive, Wrightsville Beach, NC 28480. ie And Location of Court/Place Of Deposition/Place To Produce Date To Appear/Produce Shipman & Wright, LLP May 2, 2016 575 Military Cutoff Road, Suite 106 Time To Appear/Produce Nilmington, NC 28405 2:00 ❑ AM ie And Address of Applicant or Applicant's Attorney Date tt Lewis, Hedrick Gardner Kincheloe & Garofalo, LLP, Aril 27, 2016 0 Parker Farm Drive Suite 300 Signature nington, NC 28405 zAe�t_� phone No. Of Applicant Or Applicant's Attorney ❑ Deputy CSC ❑ Assistant C lerk Of Superior Court ❑ Superior C 509-9664 ❑ Magistrate ® Attorne / DA ❑ District Court Judge RETURN OF SERVICE certify that this Subpoena was received and served on the person subpoenaed as follows: y ❑ personal delivery. ® registered or certified mail, receipt requested and attached ❑ telephone communication by Sheriff (use only for a witness subpoenaed to appear and testify). ❑ telephone communication by local law enforcement agency (use only for a witness subpoenaed to appear and testify in a crimina NOTE TO COURT: If the witness was served by telephone communication from a local law enforcement agency in a case, the court may not issue a show cause order or order for arrest against the witness until the witness has been so TE: Rule 45. North Carolina Rules of Civil Procedure, Subsections (c) and (d). protection Of Persons Subject To Subpoena Avoid undue burden or exoense. - A party or an attorney responsible for the ante and service of a subpoena shall take reasonable steps to avoid imposing an ie burden or expense on a person subject to the subpoena. The court shall enforce subdivision and impose upon the party or attorney in violation of this requirement ppropriate sanction that may include compensating the person unduly burdened for comings and for reasonable attorney's fees. For production of public records or hospital medical records. — Where the oena commands any custodian of public records or any custodian of hospital cal records, as defined in G.S. 8-44.1, to appear for the sole purpose of producing in records in the custodian's custody, the custodian subpoenaed may, in lieu of coal appearance, tender to the court in which the action is pending by registered or led mail or by personal delivery, on or before the time specified in the subpoena, ied copies of the records requested together with a copy of the subpoena and an avit by the custodian testifying that the copies are true and correct copies and that ecords were made and kept in the regular course of business, or if no such records i the custodian's custody, an affidavit to that effect. When the copies of records iersonally delivered under this subdivision, a receipt shall be obtained from the m receiving the records. Any original or certified copy of records or an affidavit Bred according to the provisions of this subdivision, unless otherwise :tionable, shall be admissible in any action or proceeding without further ication or authentication. Copies of hospital medical records tendered under this ivision shall not be open to inspection or copied by any person, except to the as to the case or proceedings and their attorneys in depositions, until ordered shed by the judge at the time of the hearing or trial. Nothing contained herein shall >nstrued to waive the physician -patient privilege or to require any privileged nunication under law to be disclosed. Written objection to subpoena. - Subject to subsection (d) of this rule, a person nanded to appear at a deposition or to produce and permit the inspection and ing of records, books, papers, documents, electronically stored information, or ble things may, within 10 days after service of the subpoena or before the time fied for compliance if the time is less than 10 days after service, serve upon the or the attorney designated in the subpoena written objection to the subpoena, ig forth the specific grounds for the objection. The written objection shall comply :he requirements of Rule 11. Each of the following grounds may be sufficient for ding to a subpoena: Fhe subpoena fails to allow reasonable time for compliance. the subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. he subpoena subjects a person to an undue burden or expense. -he subpoena is otherwise unreasonable or oppressive. he subpoena is procedurally defective. Order of court required to override objection. - If objection is made under !vision (3) of this subsection, the party serving the subpoena shall not be entitled ,npel the subpoenaed person's appearance at a deposition or to inspect and copy rials to which an objection has been made expect pursuant to an order of the :. If objection is made, the party serving the subpoena may, upon notice to the oenaed person, move at any time for an order to compel the subpoenaed m's appearance at the deposition or the production of the materials Inated in the subpoena. The motion shall be filed in the court in the county in i the deposition or production of materials is to occur. (6) Order to compel: expenses to comply with subpoena. - When a an order compelling a deposition or the production of records, book: documents, electronically stored information, or other tangible things, shall protect any person who is not a party or an agent of a party fro significant expense resulting from complying with the subpoena. The order that the person to whom the subpoena is addressed will be re compensated for the cost of producing the records, books, papers, or tangible things specified in the subpoena. (7) Trade secrets, confidential information. - When a subpoena re disclosure of a trade secret or other confidential research, developme commercial information, a court may, to protect a person subject to by the subpoena, quash or modify the subpoena, or when the party behalf the subpoena is issued shows a substantial need for the test material that cannot otherwise be met without undue hardship, the c order a person to make an appearance or produce the materials only specified conditions stated in the order. (8) Order to quash: expenses. - When a court enters an order que modifying the subpoena, the court may order the party on whose beh, subpoena is issued to pay all or part of the subpoenaed person's re expenses including attorney's fees. (d) Duties In Responding To Subpoena (1) Form of response. - A person responding to a subpoena to prc records, books, documents, electronically stored information, or tan! that shall produce them as they are kept in the usual course of bush shall organize and label them to correspond with the categories in the (2) Form of producing electronically stored information not specffiE subpoena does not specify a form for producing electronically stores information, the person responding must produce it in a form or four it ordinarily is maintained or in a reasonably useable form or forms. (3) Electronically stored information in only one form. — The persor responding need not produce the same electronically stored inform: more than one forth. (4) Inaccessible electronically stored information. — The person ree need not provide discovery of electronically stored information from that the person identifies as not reasonably accessible because of L burden or cost. On motion to compel discovery or for a protective o person responding must show that the information is not reasonably because of undue burden or cost. If that showing is made, the tour nonetheless order discovery from such sources if the requesting pai good cause, after considering the limitations of Rule 26(b)(1 a). The specify conditions for discovery, including requiring the party that se discovery from a nonparty to bear the costs of locating, preserving, and producing the electronically stored information involved. Motion to quash or modify subpoena. - A person commanded to appear at a (5) Specificity of objection. - When information subject to a subpoe hearing, deposition, or to produce and permit the inspection and copying of withheld on the objection that it is subject to protection as trial prepa ds, books, papers, documents, electronically stored information, or other materials, or that it is otherwise privileged, the objection shall be made ble things, within 10 days after service of the subpoena or before the time specificity and shall be supported by a description of the nature of th fled for compliance if the time is less than 10 days after service, may file a communications, records, books, papers, documents, electronically m to quash or modify the subpoena. The court shall quash or modify the information, or other tangible things not produced, sufficient for the r oena if the subpoenaed person demonstrates the existence of any of the party to contest the objection. cos set forth in subdivision (3) of this subsection. The motion shall be filed in curt in the county in which the trial, hearing, deposition, or production of rials is to occur. INFORMATION FOR WITNESS TOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on Page Oneof this Subpoen nv hhcicii "Alnmc Anil Arblr of AnnH-# !lr Annll--- #1. A44- -., , CERTIFICATE OF SERVICE I certify that a copy of the foregoing document was served upon all counsel of Record by depositing a copy of the same in an official depository of the United States mail in a postage - paid envelope addressed as follows: Gary K. Shipman Shipman & Wright, L.L.P. 575 Military Cutoff Road, Suite 106 Wilmington, NC 28405 Counsel for Plaintiff This the 271h day of April, 2016. SCOTT LEWIS PAMELA L. CARTER STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER JEFFREY M. MORRISON, Plaintiff, V. ELISABETH GERICS AND HUSBAND, JEFFREY LAMM, Defendants. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION TO: Gary K. Shipman Shipman & Wright, L.L.P. 575 Military Cutoff Road, Suite 106 Wilmington, NC 28405 15 CVS 2353 NOTICE OF DEPOSITION PLEASE TAKE NOTICE that the undersigned attorney, pursuant to Rule 30 of the North Carolina Rules of Civil Procedure, will take the testimony of the named deponent by deposition upon oral examination before a court reporter duly authorized to administer oaths by the State of North Carolina, at the time and on the date set forth below, and thereafter, from day to day as the deposition may be adjourned, at which time and place you are notified to appear and take such part in the examination as you may be advised and as shall be fit and proper. Deponent's Name: Robb L. Mairs Place: Shipman & Wright, LLP 575 Military Cutoff Road, Suite 106, Wilmington, NC Date: Monday, May 2, 2016 Time: 2:00 p.m. This the 27t' day of April, 2016. HEDRICK G GAROFALO KINCHELOE & e-- LEWIS .C. State Bar No. 22167 • CERTIFICATE OF SERVICE I certify that a copy of the foregoing document was served upon all counsel of Record by depositing a copy of the same in an official depository of the United States mail in a postage - paid envelope addressed as follows: Gary K. Shipman Shipman & Wright, L.L.P. 575 Military Cutoff Road, Suite 106 Wilmington, NC 28405 Counsel for Plaintiff This the 27t' day of April, 2016. Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit I Project Location County (can be multiple) Street Address State Rd. # New Hanover 228 Seacrest Drive Subdivision Name City State Zip Wrightsville Beach NC 28480 - Phone No. Lot No.(s) (if many, attach additional page with list) 919 - 522 - 2756 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Banks Channel c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Wrightsville Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 183 feet 12,425 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NW L (normal water level) (If many lot sizes, please attach additional page with a list) 1-8 feet ®NHW or ❑NWL e. Vegetation on tract Spartina alternaflora and patens, wax myrtles and residental landscaping. f. Man-made features and uses now on tract Bulk head, pier and dock, residential home g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential R-1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA orm DCM MP-2 (Excavation and Fill, Page 2 of 3) SHORELINE STABILIZATION ❑This section not applicab (If development is a wood groin, use MP-4 — Structures) Type of shoreline stabilization: ❑Bulkhead ORiprap ❑Breakwater/Sill []Other: Average distance waterward of NHW or NW L: 2.5 feet Type of stabilization material: clean class II lime stone rip rap Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 141 Breakwater/Sill Other Source of fill material. quarry b. Length: 41 feet (in front of bulkhead) and 142 feet (above MHW buffer restoration) Width: 5 feet (in front of bulkhead) and 1-10(feet above MHW buffer restoration) d. Maximum distance waterward of NHW or NWL: 5 f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. Amount - erosion a south east corner of bulkhead where buffer has been removed. Bulkhead also has deterioration below MHW. Source: property owner accounts, SEPI site visit (Jason Hales). h. Type of fill material. clean class II lime stone rip rap OTHER FILL ACTIVITIES ®This section not applicab (Excluding Shoreline Stabilization) (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill ❑WL ❑None (ii) Describe the purpose of the fill in these areas: GENERAL How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Clean class II lime stone to be kept on barge barge, by hand, mini excavator (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No []NA (ii) If yes, explain steps that will be taken to avoid or minimize Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. municipal o. Describe existing drinking water supply source. municipal p. Describe existing stone water management or treatment systems. municipal 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Shoreline protection. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Primarily by hand. Small barge to transport materials to site. Possible use of a mini excavator to assist with off load materials. Mini excavatior will not leave the barge. d. List all development activities you propose. The shoreline stabilization will include a rip rap revetment placed just above/upland from the Mean High Water (MHW) along the northeast property line connecting the bulkhead to the property boundary and a rip rap revetment in front of the existing bulkhead on the southern edge of the property (Figure 2). The upland revetment along the northeast property boundary will be an elevation that allows for buffer vegetation restoration and is estimated to be approximately 2-4 foot wide and approximately 1-3 foot tall. The leftover old growth wax myrtle stumps and roots will be removed and the soil re -graded to allow for plantings of Live Oaks and/or associated native and landscaping buffer species. The revetment at the base of the existing bulkhead will be placed at approximately a 1:1 slope and will be placed to an elevation just above MHW to protect the structure. This is estimated to be approximately 3-4 foot tall and approximately 3-4 foot wide. For both structures, clean Class II limestone rip rap will be used with filter fabric placed beneath and keyed in at the toe. The materials will be brought to the site using a small barge at high tide and fiberglass matting if necessary to minimize temporary impacts to the coastal marsh. The repair work will be conducted as outlined in this request and as discussed on August 19, 2015 by NCDCM (Robt Mairs) and SEPI (Jason Hales and Christopher Dustin). e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 567 ®Sq.Ft or []Acres Q. Will the proposed proiect encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA FA 1 r,,w.rn[ �irr 14 rRtTT LAW FIRAI \Ntf Ccnfr. NcvV .'Oh r�, rr rx h.trx W Pt. to, - j, PAGE 731 0691 IN WITNESS WHEREOF, the said Grantor has b=unto set his band and seal. or if corporate has caused this uwxument to be sued in its corporate name by its duly authorized officers and its seal to be hernmto affixed by authority of its Board of Directors, the day and year fast above written. /� 7.%ss (SEr4L) M RRISON `awI - (SEAL) SAL . MORRISON STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Kris" Williams, a Notary Public for the County and SLate aforesaid, do hereby certify that VIRGIL M. MORRISON and wife, SALLY P. MORRISON, personally came before me this day and acknowledged the execution of the foregoing instrument_ Witness my hand and official seal, this the 27th day of April, 20001 tL O. (SEAL) NOTAWY PUBLIC My Commission Expires:_VA t A sTATz OF NORTH CAROLANA z � New Rmwve>r County h f—*-.W AMWW Csohrr(e) i s V try (+rr.r.) tbbc W b k Gorr i Tb. th. day of AHD ze All rrrl DeyrlylArnM�r ter, ;.r:f ,• ;TATE OF NORTH CAROLINA NEW HANOVER County File No. 15 CVS 2353 In The General Court of Justice ❑ District ® Superior Court Divis EFFREY M. MORRISON Additional File Numbers VERSUS SUBPOENA 'LISABETH GERICS and husband, JEFFREY LAMM G.S. 1A-1, Rule 45; G arty Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your reques ] State/Plaintiff ❑ Defendant must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge. Name And Address of Person Subpoenaed Alternate Address 'O Robb L. Mairs Department of Environmental Quality Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Telephone No. Telephone No. YOU ARE COMMANDED TO: (check all that apply): ❑ appear and testify, in the above entitled action, before the court at the place, date and time indicated below. ® appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below- ® produce and permit inspection and copying of the following items, at the place, date and time indicated below. ❑See attached list. (List here if space sufficient.) Your entire file pertaining to the property located at 230 Seacrest Drive, Wrightsville Beach, NC 28480. lame And Location of Court/Place Of Deposition/Place To Produce Date To Appear/Produce Shipman & Wright, LLP May 2, 2016 575 Military Cutoff Road, Suite 106 Time To Appear/Produce Wilmington, NC 28405 2:00 ❑ AM ® PP lame And Address of Applicant or Applicant's Attorney Date cott Lewis, Hedrick Gardner Kincheloe & Garofalo, LLP, Aril 27, 2016 r 770 Parker Farm Drive Suite 300 Signature l t / ✓ilmington, NC 28405 / elephone No. Of Applicant Or Applicant's Attorney ❑ Deputy CSC ❑ Assistant C clerk Of Superior Court El Superior Coui 310 509-9664 El magistrate ® Attorne / DA ❑ District Court Judge RETURN OF SERVICE I certify that this Subpoena was received and served on the person subpoenaed as follows: By ❑ personal delivery. ® registered or certified mail, receipt requested and attached ❑ telephone communication by Sheriff (use only for a witness subpoenaed to appear and testify). ❑ telephone communication by local law enforcement agency (use only for a witness subpoenaed to appear and testify in a criminal cz NOTE TO COURT: If the witness was served by telephone communication from a local law enforcement agency in a cr case, the court may not issue a show cause order or order for arrest against the witness until the witness has been sery personally with the written subpoena. CERTIFICATE OF SERVICE I certify that a copy of the foregoing document was served upon all counsel of Record by depositing a copy of the same in an official depository of the United States mail in a postage - paid envelope addressed as follows: Gary K. Shipman Shipman & Wright, L.L.P. 575 Military Cutoff Road, Suite 106 Wilmington, NC 28405 Counsel for Plaintiff This the 27"' day of April, 2016.