54585D - Mason

C&WA• / DREDGE & FILL
ENERAL. PERMIT Previous permit #
New Modificaijon -Complete Reissue El Partial Reissue Date previous permit issued
irized by the State of Nctrth Carolina, Department of Environment and Natural Resources
Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
�`� Rules attached.
it Name / {� �fl : Yl Project Location: County /V 111 �L
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Date: 5-,2 7- L0j0
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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY ON NER STATEMENT
Name of Property Owner: % n N44S C
Address of Property:
(Lot or Street #, Street br Road, City & County) ` z
Applicant's phone Mailing Address: j°X /5-G
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this p(
has described to me as shown on the attached drawing the development they are proposing. A description of drab
with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (D(
in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive
Wilmington, NC 28405-3845. DCM representatives can also be contacted at [phone]. No response
considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a minimum distan
15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the
appropriate blank below.)
I do wish to waive the 15' set back requirement.
r/ I do not wish to waive the 15' set back requirement.
(Property Owner Information)
Signature
Print or Type Name
(Riparian Property Owner Information)
Signature
Print or Type Name
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CERTIFIED yLAIL — RETURN RECEIPT REQUESTED
DIVISION OF COASTAL -1vLk AGEMENT
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I
Name of Property Owner: , � k� ,�i , `P,�1 Jl 112ir' L
Address of Property: 1611q Snnvis'e-E'.
(Lot or Street #, Street or Road, City & County)
Applicant's phone #: -f—/ -*0-3 9 2 = � '� Mailing Address: pU, 13cox f5"Gy S (JI
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this p
has described to me as shown on the attached drawing the development they are proposing. A description of dra
with dimensions must be provided with this letter.
I have no objections to this proposal. - I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (D
in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Driv
Wilmington, NC 28405-3845. DCM representatives can also be contacted at [phone]. No response
considered the same as no obiection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a minimum distal
15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial tt
appropriate blank below.)
I do wish to waive the 15' set back requirement.
_ x I do not wish to waive the 15' set back requirement.
(Property Owner Information)
Signature
Print or Type Name
Mailing Address
(Riparian Property Owner Information)
Signature
Print or Type Name
Mailing Address

Edward Mayorga
Kathleen J. Sinar Mayorga
1644 Sunrise Lane
Wilmington, NC 28409
June 23, 2010
.sion of Coastal Management
Cardinal Drive Ext.
ninQton. NC 28405-3845
Objections to Lowell Mason Pier Permit
is letter supplements our Adjacent Riparian Property Owner Statement regarding minor permit applicat
well Mason for Proposed Dock, Pier, and Lift for Lowell Mason located at 1636 Sunrise Lane, Wilmin
28409, located on Myrtle Grove Sound in New Hanover County, NC, by which we give notice that
ve objections to this proposal. We have not received a full copy of the permit application, and were onl
ved with the Adjacent Riparian Property Owner Statement and two pages of rough sketches.
2008 the Masons objected to our pier permit application (Permit No. 171-08) and made arguments
Zcerning the specific location of the Riparian line and distance to the radial point, along with the specifi
;afion of the Mayorga dock. This resulted in determination by you that a major permit was required,
Iuding a scale drawing, along with full documentation necessary to ensure compliance. We now make
ne objections and arguments. The requirements for determining compliance with State standards in t
tson permit should be no different in the Mayorga/Sinar permit, and a major permit is required.
velopment must meet use standards in addition to standards specific to the type of development. See L
;AC 07H.0208. The proposed development is believed by us to be in estuarine and public trust waters
area which is an Area of Environmental Concern as defined in applicable statutes and regulations. The
duation of the use standards should include any work performed prior to permit application, without a p
ich in this instance we believe has included dredging of a channel and filling of wetlands, giving the
)earance that the proposed structure is under 200' in length, when in fact it is substantially longer when
material (dredge spoil) is taken into consideration. Without this spoil, a considerably longer pier over tl
rsh would have been necessary, and of course the marsh which lies beneath the spoil has been destroye4
3 should be remediated. This dredged material was not confined landward of regularly and irregularly
c)ded coastal wetlands and was not stabilized to prevent entry of sediments into the adjacent water bodie
stal wetlands. It should be required that the permit application be modified to include this pre -permit
relopment and that areas developed in violation of the law be restored as a condition of any permit that]'
nted.

4: The drawing must show existing and proposed features as stated in (b)(l). There is an existing
platform in the wuter not indicated on the drawings. Is this to be demolished?
5. Existing water depth must be indicated using mean low water as base or zero.
6. Cross -Section drawing. A cross sectional diagram showing depth and elevation of proposed wor
relative to existing ground level -mean low and mean high water line MUST be included in the
drawing.
7. Drawings must indicate approximate mean low and mean high water lines and the presence of rr
in the area of proposed work.
8. Location of wetlands should indicate elevation. The Masons' indicate a land mass 400' long, wh
they will use to walk to the front of the proposed dock from their house. This spoil was establish
by digging out a finger canal on their property without notice to us of any permit application, an,
believe, without issuance of a permit.
9. Each drawing must have a simple title block to identify the project or work, and shall include na
of applicant, date the plat was prepared, and scale of the plat. The date of any revisions must be
clearly noted. The applicant must also include the name of the person who drew the plat.
10. Measurements to determine pier and docking length is from the waterward edge of any coastal
wetland vegetation. 15A NCAC 07H.1205(c). This should be established as it existed before the
dredge and fill work occurred.
> permit was ever issued for a canal or dredging, a permit should be required for work done without a p4
remediation should be required. The Masons should not benefit from this violation. It is clear that with
neered drawings, it is impossible to determine the acceptability of this permit application. Nevertheless,
clear that this application falls under the conditions requiring a major permit. A significant amount of i
h review is necessary in order to grant or deny acceptance. This can only be done via a major develops
nit.
Sincerely,
Kathleen J. Sinar Mayorga ( rrnmerly known as Kathleen J. Sinar)
Edward Mayorga

C Division of Coastal N19t. Habitat Impact Computer Sheet
plicant: LbwG` %SOS Permit
[te: 9
!scribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
Lind in your Habitat code sheet.
ibitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/oi
temp impact
amount)
,,
fjv1^ A
Dredge ❑ Fill ❑ Both ❑ Other kr
tpo
Wa
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 ❑ 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 ❑

SARAH Z. MASON
LOWELL R. MASON
P.O. BOX 15645
WILMINGTON, NC 28408-5645
PAY TO THE
A# UBS u65 Financial Services Inc. 222
(�Vl� 25-80/440
d
DATE
$ I, e
-� DOLLARS
Resource Management Account A c
G K M N R S V W Y Z
800-762-1 u0o ( hit)
JPMor an Chase Bank, N.A. p
cdum9br,s,ohioaazna�g.1,50�'
MEMO
1:0440008041: 8 LO 708 5 1991I'00 2 2 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
Lowell Mason
P.O. Box 15645
Wilmington, NC 28408
July 14, 2010
CERTIFIED MAIL (7007 1490 0004 7748 6657)
RETURN RECEIPT REQUESTED
Re: Suspension of Work / Appeal of CAMA General Permit 454585
Dear Mr. Mason:
The Chairman of the Coastal Resources Commission, Robert Emory, has received a request for
an administrative hearing to challenge CAMA General Permit 54585. The Third Party Hearing
Request was filed on behalf of petitioners Edward and Kathleen Mayorga on July 14, 2010.
Under N.C.G.S. § 113A-121.1 (the Coastal Area Management Act), your CAMA permit is
automatically suspended upon receipt of a hearing request and will remain suspended until
either: (1) Chairman Emory denies the hearing request (under standards set out in the statute); or
(2) there is a final Coastal Resources Commission decision on the permit appeal. You may not
undertake any development under the permit until further notice after Chairman Emory issues his
decision.
The Division of Coastal Management will prepare a recommendation for the Chairman on
whether to grant or deny the hearing request. The Chairman must make a decision within 15
days after receipt of the hearing request. Therefore his decision is due close of business on July
29, 2010. If you wish to submit any materials for the Chairman's consideration in ruling on the
request for contested case hearing, please send them to me as soon as possible.
Sincerely,
-4-
f A .A1 ti�1

A��
4 *
NCDENR
North Carolina Department of Environment and Natural Resources
Overly Eaves Perdue
Dvernor
July 27, 2010
Lowell Mason
P.O. Box 15645
Wilmington, NC 28408
Division of Coastal Management
James H. Gregson
Director
Re: Reinstatement of CAMA General Permit #54585 o4 (0
Dear Mr. Mason:
Dee F
Se
You were informed, by certified mail, that the Chairman of the Coastal Resources Commission,
Robert Emory, received a request for an administrative hearing to challenge CAMA General
Permit #54585. The request was filed on behalf of Petitioners Edward and Kathleen Mayorga on
July 14, 2010. Your CAMA Permit was automatically suspended upon receipt of this hearing
request and you were instructed not to undertake any development under this permit until further
notice.
Please be advised that Chairman Emory has DENIED this third party hearing request. At this
time, CAMA General Permit #54585 is reinstated and you may now undertake development on
this property pursuant to the permit.
Please contact me at 252-808-2808 if you have any further questions.
Sincerely,
James H. Gregson
Director

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