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
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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
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/ 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
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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
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A. Si at ^
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B. Received by n' ted ame) �jDate jof Del
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D. Is deliveryddress different from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
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❑ Adult Signature Restricted Delivery
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11 Certified Mai ®
❑ Certified Mail Restricted Delivery
Delivery
❑Return Receipt for
❑ Collect on Delivery
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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,
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CERTIFIED MAIL" RECEIPT
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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
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xpected Delivery Date: September 24, 2015
ervice Type: Certified MaiITI
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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
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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
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xpected Delivery Date: September 24, 2015
iervice Type: Certified MailT""
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Jndeliverable as Addressed
Dut for Delivery
Location
WRIGHTSVILLE BEACH, NC
28480
WRIGHTSVILLE BEACH, NC
28480
WRIGHTSVILLE BEACH, NC
28480
WRIGHTSVILLE BEACH, NC
Date & Time
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kcceptance WILMINGTON, NC 28403 September 22, 2015
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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,«�
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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
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❑ Certified Mail Restricted Delivery ❑ Return Receipt for
❑ Collect on Delivery Merchandise
n n..:..,,, ..+......,.,, it .,..a., o,.... ,......:,... +..�_� r Delivery Restricted Delivery 0 Signature Confirmation^
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*2780-03023-20-34
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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
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• Sl•So.00
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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
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5424SSCP $14.05/Pack
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leinill Fore Super Premium Paper
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7855 $9.04 / Box 100Box 8 $72 32
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y Park Redi-Strip Envelope
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y Park Clasp Envelope
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321 $0.94lEach 1 Each 20 $18.80
Steno Book j
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533 $5.78/Dozen 12/Dozen 2 $11.56
The Legal Pad Ruled Top Perforated
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rent:
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f�
;home Top Tab File Folder
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A508 S}$16.27l Pack 8/Pack 1 $16.27
i Sure Start Packaging Tape
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i Household/Office•Scissors I I
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Copyright ® 2015 ECI Software Solutions, Inc. All rights reserved.
III1IIIIII�INIIIMN�Illllllll�
7015 1730 0002 1330 1.01
uAIITE_-__—pSTAMS
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SEP 22, 15
AMOUNT
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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-
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A. Signature
X ❑ Agent
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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
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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
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sTATz OF NORTH CAROLANA
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New Rmwve>r County
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try (+rr.r.) tbbc W
b k Gorr i
Tb. th. day of
AHD ze All
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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.