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HomeMy WebLinkAbout51932D - Sifly -CAMA / ❑DREDGE & FILL N9 5 3ENERAL PERMIT Previous permit# INew • 11Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued rized by the State of North Carolina,Department of Environment and Natural Resources Zoastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC ? /i • am / mules attached. It Name 14. JD�/`h STr 17 S 1'e �j Project Location: County /VF 4-v *fror /�i✓ I }/3 C6 naCX� �Gf/ f Street Address/State Road/Lot#(s) )11411•r)Tbi State t\i' ZIP 2 k s/05 l#-ar t �f( 9/0) 52e. " 2// Fax#( ) Subdivision — I:ed Agent City S(.7N4/ ZIP 5"7'- EQ CW ❑EW ,PTA I_ES 0 PTS Phone# ( ) .)'•'" River Basin (1,/ I ❑OEA ❑HHF ❑IH L UBA ❑N/A n Adj.Wtr. Body lAS e--/---t-e nat ❑ PWS: ❑FC: yes / no PNA yes / no Crit.Hab. yes / no Closest Maj.Wtr. Body /Wily'//f" �G/ii f Project/Activity C t</i$ //-f'- 2/ r" ( ti r/vr'7i r I�/- / j / 77/ rs�-, %�(• 'i2e //�� L��e k (Scale: / )ck)length,2� 'ix 6 ' '175 l!/ I .5 x 3 •S � i ,i' t fr 1 i Air" i )ier(s) I Arfft x Q� \ / \, (z LI/ 3ngth A \7P17 I i ember I : { id/Riprap length { 1 L g distance offshore }__. �, pre Ace yve' % ` 4,4)r% ax distance offshore :hannel ibic yards 1. mp \ + 1 use/Boatlift i1/1 "�- 3ulldozing y r vill V '�. ' isr !f'Ce 4S: I 1' Y w ` j ,J; .1' i +� a �f r lliq ie Length 4.'f 2/ ' I . not sure yes gs: not sure yes oefb , �i , y , rium: n/a yes - 5 /1/p Yes Attached: o AM,i',v',via/ — , / !4/"/ !r f L - L)1 i'3 U r C�" f ling permit may be required by: A e i v /-/i"Wwr' C r'n y ..7i I 5pee . ❑See note on back regarding River Basin I r. 1 r, _ r i. i ! r - "r- - - - ...L, _4. �. G � 1 2 , i. { :),111,1 M�� N RECEIVED 'INGTON, NC �„ �1, DEC 0 3 2007 j_ __,._._. j y o - , . ' ,/ D . I r12,5 I i 1 1 1 . 1 N( ! . -.\ i f. Y( i Y1 `1( 0 AVS 1' i r I l CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM The purpose of this form is to provide proper notice to you as an adjacent riparian property owner to the individual or individuals listed below. The CAMA General Permit application procedures require that applicants provide the Division of Coastal Management confirmation that a written statement has been obtained signed by the adjacent riparian property ownen indicating that they have no objection to the proposed work or that the adjacent riparian property owners have been notified by certified mail of the proposed work. Often these forms are submitted to the adjacent riparian property owners by a marine contractor or other individuals acting as an authorized agent on behalf of the applicant. This form was sent to you by the following individual or company designated by the applicant as an authorized agent: RECEIVED DCM WILMINGTON, N DEC 032007 Authorized Agent's Signature Date Name of Individual Applying For Permit: -S-0 Address of Property: / -4 l3 Cam., (Lot or Street#. Street or Ro ) tyntc1Q-A• / ' �rl� (City and Count I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this perm iias described to me as shown on the attached drawing the development they are proposing. A description or draw %ith dimensions, should be provided with this letter. I have no objections to this proposal. - 1/11-' 4 ek, GG ud r, VliL4Q/G�Gt�,Ai If you have objections to what is being proposed, please write the Division of Coasts Management. 12 Cardinal Drive Extension,Wilmington,NC 28405 or call 910-796-7215 within 10 days of receipt of this notice No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set back inininiutn distance of 15' from my area of riparian access - unless waived by me. (If you wish to waive th setback, you must initial the appropriate blank below.) ����O� I do wish to waive the 15'setback requirement. � "t� I do not wish to waive the 15' setback requirement. ��,��� ' ' e _ // i i ii'ri DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Address of Property: ( 7( 3 Cx-A I` (Lot or Street #, Street or R ad) 64/1(t (City and Coun I hereby certify that I own property adjacent to the above-referenced property. The indivi, applying for this permit has described to me as shown on the attached drawing the development are proposing. A description or drawing, with dimensions, should be provided with this lette I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Con Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7 within 10 days of receipt of this notice. No response is considered the same as no objectic you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must b, bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. RECEIVED DCM WILMINGTON, N DEC 0 3 2007 ism Name.V Date ill \c-- Print Nae RECEIVE DCM WILMINGTC JUL 2 1 20( 4/18/04 1, Mr. James Spivey of 1727 Canady Road, Wilmington, NC, give my neighbor H. Johnston Sifly of 1713 Canady Road permission to build a dock across my Riparian zone. S incerely, Ja ies C. Spivey WEIdCMLMINGTCE��/EDON N DEC 0 3 2007 • AUG 2 Mr. James Spivey 1727 Canady Rd. Wilmington,NC 28411 8/27/06 Re: Proposed Pier at 1713 Canady Rd and My letter dated 8/21/06 regarding said proposal To Whom It May Concern: After better understanding the proposed pier at 1713 Canady Road, I would like to retract the statements I made in my letter dated 8/21/06 and also clarify several points. First of all, Mr. H. Johnston Sifly of 1713 Canady Rd has my continued permission(since given in the spring of 2004)to construct a pier within the fifteen(15) foot setback and across my riparian corridor assuming the pier, whether fixed, floating,or designed as a lift, is single story and uncovered. Mr. Sifly also has my support to construct within his riparian corridor(excluding the 15' setback area I waived) any sort of pier allowed by the regulations. After closer inspection of Mr. Sifly's proposed pier, I therefore fully approve and support the currently proposed pier because there are no roofed areas proposed in the setback area I waived or in my riparian corridor. I sincerely apologize for any confusion caused by my hasty response earlier. If anyone has any questions regarding these issues, feel free to contact me at any time. Sincerely, James Spivey RECEIVED DCM WILMINGTON, NC DEC 0 3 2007 1111111111111111111111111 PATSY MILLER- MAIL 2006022715 1721 CANADY RD FOR REGISTRATION REGISTER OF DEEDS WILMINGTON NC 28411 REeNOVE P SMITH NEW R COUNTY, NC 2006HANOVE PPR 24 03:51:44 PM BK 5011 PG:233-235 FEE;$17,00 MTNENT # 256022715 STATE OF NORTH CAROLINA POWER OF ATTORNEY COUNTY OF NEW HANOVER I, JAMES C. SPIVEY, the undersigned, hereby make, constitute, and appoint my daughter, PATSY SPIVEY MILLER, my attorney-in-fact for me and give such person full power to act in my name, place, and stead in any way that I myself could do if I were personally present with respect to the following matters as each of them is defined in Chapter 32A of the North Carolina General Statutes to the extent that I am permitted by law to act through an agent: 1. Real property transactions; 2. Personal property transactions; 3. Bond, share, and commodity transactions; 4. Banking transactions; 5. Safe deposits; 6. Business operating transactions; 7. Insurance transactions; S. Estate transactions; 9. Personal relationships and affairs; 10. Social security and unemployment; 11. Benefits from military service; 12. Tax; 13. Employment of agents 14. Making decisions concerning my health care and medical treatment. In the event that PATSY SPIVEY MILLER becomes unable or unwilling to act as my attorney-in-fact under the terms of this instrument, then I appoint my wife, RUBY F. SPIVEY, my attorney-in-fact and give her the powers enumerated herein, THIS POWER OF ATTORNEY may be revoked by the principal as follows: 1. Upon the event of death of the principal; 2. By the appointment of Guardian or Trustee in the estate of principal and registered in the Register of Deeds of any county where this Power of Attorney has been registered; 3. By a revocation in writing by the principal while he/she is not incapacitated or mentally incmmmetent find reaiQtffiPd in thh. Re,o-intor of rllssvQ ()flips. of 9nv rna.rti> .vfura 4i.:a • This power of attorney shall not be affected by my subsequent incapacity or mental incompetence. IN WITNESS WHEREOF,the undersigned executed this instrument this theday of June, 2004. t + 4JSC. S' �'- STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER a Notary Public, certify that James C. Spivey. personally appeared before me this y and acknowledged the due execution of the foregoing Power of Attorney. Witness my hand and official seal this the day of June, 2004. N Public f - 6-07 1*i � •� :erwolifium g RECEIVED DCM WILMINGTON, NC DEC 0 3 2007 • $0°I;Illtr 49* 114 >?r 44,E ea ��Non REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 04/2412006 03:51:44 PM Book: RE 5011 Page: 233-235 Document No.: 2006022715 RECEIVED PIA 3 PGS $17.00 DCM WILMINGTON, NC Recorder: CRESWELL,ANDREA DEC 0 3 2007 state of North Carolina, County of New Hanover eZDQ1 Record of Poor Quality Due To Conditions of Original Document GS 161-14 ►CL • 11IAJ r1SAn AT 'WC!' No. A two*A l n A r1T A!• 'arrow.'IA r9r AA/'.r1r/1 WILA ■.rrr-..� Johnston Sifly 1713 Canady Rd. Wilmington, NC 28411 Division of Coastal Management Cardinal Dr. Wilmington, NC 9/17/07 Mr. Sifly is applying for a general permit for a private pier with only two wet slips. These slips are located on the two (2) twenty (20) foot outer-faces of the floating dock. Mr. Sifly recognizes that to use the back side of the floating dock as a wet slip that he must apply for further permits. Sincerely, • 1/22/08 Johnston Sifly 1713 Canady Rd Wilmington,NC 28411 To Whom It May Concern: I have not applied for any appeals or reviews regarding the previous major CAMA permit I applied for at 1713 Canady Rd. I voluntary dismissed the contested case hearing regarding the earlier permit and have not pursued that matter any further. Sin c re Johnston Silly RECEIVED DCM WILMINGTON, NC JAN 2 2 2008 Johnston Silly 1713 Canady Rd. Wilmington, NC 28411 Division of Coastal Management Cardinal Dr. Wilmington, NC 9/17/07 Mr. Sitly is applying for a general permit for a private pier with only two wet slips. These slips are located on the two (2) twenty (20) foot outer-faces of the floating dock. Mr. Sifly recognizes that to use the back side of the floating dock as a wet slip that he must apply for further permits. Sincerely, . . , c • •, , . I . i I i 1 , 1 \ I, - ! . I _ 1 y.O.,Vi ; , Ns •t I.,, liNf D %1;' ' ,-1-- 1 . • .•% ----• Ne ---- ---- t;/7,,,1,..,-) _________t_I .....-1 7.1 , 1 I 1, I i I . i ,----- . I , / 1 ......________:.... ---,..... 1 . . /1 1 A / ii N'( i t i I \ii/ • t • CFRTIFIED 'vl \IL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORN,I 'ie purpose of this Corm is to provide proper notice to you as an adjacent riparian property owner to the individual or ndividuals listed below. The C.Av1A General Permit application procedures require that applicants provide the Division of :oastal vlanagement confirmation that a written statement has been obtained signed by the adjacent riparian property owners ndicating that they have no objection to the proposed work or that the adjacent riparian property owners have been nocir ie'i )y certified mail of the proposed work. Often these forms are submitted to the adjacent riparian property owners by a ma.^.ne :ontractor or other individuals acting as an authorized agent on behalf of the applicant. This form was sent to you by the following individual or company designated,by the applicant as an authorized agent: Authorized Agent's Signature Date Name of Individual .Applying For Permit: - 1\-' � � ' `5 Andress of Property: f ( `> �-_C v, � ' ��..(� I Lot or Street =. Street or Roai) I ; •1"1 ;;..� ti� - �• '• �* L/ t( (Citv.and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this pert nas described to me as shown on the attached drawing the development tt:e are proposin'_. .A description or draw •,'ith dimensions. should be provided with this letter. • ,'/ h I have no objections to this proposal. 4 — ' Ie si. ',L. .•l.•.. f , If you have objections to what is being proposed. please write the Division of Coastal Management. l: Cardinal Drive Extension. Wilmington. NC 28405 or call 911)-796-7215 within 10 days of receipt of this noric No response is considered the same as no objection if you have been notified by Certified vIail. WAIVER SECTION I unifier taod that u pier. dock. mooring pilings. breakwater, boat house or boat lift must be set back ; :t distance of 15' from my area of riparian access - unless waived by me. (If you wish to waiN e setback. ‘uu must initial the appropriate blank below.) I do wish to waive the l setback requirement. • DIVISION OF COASTAL MANAGEvEN T ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Address of Property: ( 7 ( (C c.4_6j' (Lot or Street m, Street or R6ad) (A).; 6/1/1 kl,t• L._ (City and Courity I hereby certify that I own property adjacent to the above-referenced property. The indivi( applying for this permit has described tome as shown on the attached dra\wing the development are proposins. A description or drawing, with dimensions, should be provided with this lertel I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coy M1_nagement. 127 Cardinal Drive Extension, Wilmington, NC 23405 or call 910-796 within 10 days of receipt of this notice. No response is considered the same as no objectL you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring piiings, break eater, boar house or boat lift must b bck a minimum distance of 15' from my area of riparian access - unless waived by me. (II wish to waive the setback, you must initial the appropriate blank below.) • [ do wish to waive the l: setback require:-:e:t. I do not wish to waive the 1 setback reouirem ent. Si Name. Date • RECEIV Gail OWING- JUL joorsiiiirF-411111116 301.111.11ter' • . ---� - 4/13:04 1, Mr. James Spivey of 1727 Canady Road, Wilmington, NC, give my neighbor H. Johnston Si fly of 1713 Canady Road permission to build a dock across my Riparian zone. Sincerely, Jameey=�—'`� ``� P • • Mr. James Spivey • 1727 Canady Rd. Wilmington. NC 2841. 1 8/27/06 Re: Proposed Pier at 1713 Canady Rd and My letter dated 8/21/06 regarding said proposal To Whom It May Concern: After better understanding the proposed pier at 1713 Canady Road, I would like to retract the statements I made in my letter dated 8/21/06 and also clarify several points. First of all, Mr. H. Johnston Sitly of 1713 Canady Rd has my continued permission (since given in the spring of 2004) to construct a pier within the fifteen (15) foot setback and across my riparian corridor assuming the pier, whether fixed, floating, or designed as a lift, is single story and uncovered. Mr. Sifly also has my support to construct within his riparian • corridor(excluding the 15' setback area I waived) any sort of pier allowed by the regulations. After closer inspection of Mr. Silly's proposed pier, I therefore fully approve and support - the currently proposed pier because there are no roofed areas proposed in the setback area I waived or in my riparian corridor. I sincerely apologize tier any confusion caused by my hasty response earlier. If anyone has any questions regarding these issues, feel free to contact me at any time. Sincerely. • • �: .Ct�?-L.•i�, �� James Spivey. litir uthwest grill , 1 Oleander Drive, Suite E �'J l//� -L/) -__ 'ilmington, NC 28403 / PH 910.794.7112 FX 910.794.7077 -3---- (Sorry for the typed letter, but nobody can read my handwriting.) I hope you're getting along well with the new job. You deserve it. Anyways, I talked to Robb about the Plan B we've been discussing. He instructed me to send you my withdrawal letter for the contested case about the original proposal. That is fine with me— I've always said I'd be happy to drop the appeal if a viable alternative could be approved. Robb has also indicated that Plan B would be approved once the contested case is withdrawn. Just so we're all on the same page, I've included a complete copy of the general permit application for Plan B that I will be presenting to Robb. Assuming this is what you and Robb were envisioning when you said it was an"approvable"proposal then please move forward with my enclosed withdrawal letter for the contested case (last page enclosed). If something in this application is not what your department was expecting, or if you foresee something out of your control preventing Plan B from being approved, then I'd ask you to throw the withdrawal letter into a drawer until we sort it out. Above all, I'd like to thank you for all your help over the last three and half years. You've been a straight shooter and I really appreciate it. I think I might even miss not having a application in with you guys! (Maybe I'll come up with something.) Anyways, please stop by the store the next time you're in town. I can't give you a discount but I would love to see you. Best Regards, . iT Johnston Sifly 1713 Canady Rd. Wilmington,NC 28411 Division of Coastal Management Cardinal Dr. Wilmington,NC 9/17/07 Mr. Sifly is applying for a general permit for a private pier with only two wet slips. These slips are located on the two (2)twenty (20) foot outer-faces of the floating dock. Mr. Sifly recognizes that to use the back side of the floating dock as a wet slip that he must apply for further permits. Sincerely, _ .. . ' • 1 ? -5' i. (''r. \ .`- � \ , tfr 12 -i 1 I / . y '*1 , 1 N( , 1 . (''• yRECEIV D I DCM MIMING-1' N, NC 1 ,QU y EP 2 5 2007 14 CERTIFIED MAIL - RETURN RECEIPT REQUESTED • DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM ie purpose of this form is to provide proper notice to you as an adjacent riparian property owner to the individual or lividuals listed below. The CAMA General Permit application procedures require that applicants provide the Division of )astal Management confirmation that a written statement has been obtained signed by the adjacent riparian property owners dicating.that they have no objection to the proposed work or that the adjacent riparian property owners have been notified certified mail of the proposed work. Often these forms are submitted to the adjacent riparian property owners by a marine ntractor or other individuals acting as an authorized agent on behalf of the applicant. his form was sent to you by the following individual or company designated by the applicant as an ithorized agent: uthorized Agent's Signature Date ame of Individual Applying For Permit: Ire)IYl ddress of Property: / '� (3 C.c>.,a 11 - (Lot or Street . Street or Roa4J` ) (0}: 1 VIA 4Q-A /1/ 2—\ ‘-/ ( (City and Counts terebv certify that I own property adjacent to the above-referenced property. The individual applying for this per:ai is described to me as shown on the attached drawing the development they are proposing. A description or drawing ith dimensions. should be provided with this letter. - tee" 1 have no objections to this proposal. � si-4 2 d _y j ,.c L;/-/ -L� 4,97,�t,ca you have objections to what is being proposed, please write the Division of Coastar Management. 12 ardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7215 within 10 days of receipt of this notice o response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set back ;inirau:n distance of 13' from my area of riparian access - unless waived by me. (If you wish to waive thi aback you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: l Address of Property: ( 7( 3 6=tiL (Lot or Street#, Street or R ad) (City and Coun I hereby certify that I own property adjacent to the above-referenced property. The indivic applying for this permit has described to.me as shown on the attached drawing the development t are proposing. A description or drawing, with dimensions, should be provided with this letter I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coa Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7 within 10 days of receipt of this notice. No response is considered the same as no objectic you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must bi bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 1 3' setback requirement. RECEIVED DCM WILMINGTON, I rgn Namee4difit).' Date SEP 2 5 2007 41, Print 1\;n P �` • A RECEfV DCM WILMINGT JUL 2 1 20 4/18/04 1, Mr. James Spivey of 1727 Canady Road, Wilmington, NC, give my neighbor H. Johnston Silly of 1713 Canady Road permission to build a dock across my Riparian zone. Sincerely, James C. Spivey AUG 2 Mr. James Spivey 1727 Canady Rd. Wilmington, NC 28411 8/27/06 Re: Proposed Pier at 1713 Canady Rd and My letter dated 8/21/06 regarding said proposal To Whom It May Concern: After better understanding the proposed pier at 1713 Canady Road, I would like to retract the statements I made in my letter dated 8/21/06 and also clarify several points. First of all, Mr. H. Johnston Sifly of 1713 Canady Rd has my continued permission (since given in the spring of 2004) to construct a pier within the fifteen (15) foot setback and across my riparian corridor assuming the pier, whether fixed, floating, or designed as a lift, is single story and uncovered. Mr. Sifly also has my support to construct within his riparian corridor(excluding the 15' setback area I waived) any sort of pier allowed by the regulations. After closer inspection of Mr. Silly's proposed pier, I therefore fully approve and support the currently proposed pier because there are no roofed areas proposed in the setback area I waived or in my riparian corridor. I sincerely apologize for any confusion caused by my hasty response earlier. If anyone has any questions regarding these issues, feel free to contact me at any time. Sincerely, ,l U James Spivey U STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF NEW HANOVER 07 EHR 0040 H. JOHNSTON SIFLY, ) ) Petitioner, ) ) v. ) ) DEPARTMENT OF ENVIRONMENT ) NOTICE OF VOLUNTARY AND NATURAL RESOURCES, ) DISMISSAL DIVISION OF COASTAL ) MANAGEMENT, ) Respondent. ) Notice is hereby given that the undersigned petitioner voluntarily dismisses this contested case without prejudice. 0CD? This the /O day of� 2007. , S15 a H. Jo stop i 171 Canady oad Wilmington,NC 28411 • ♦STA7(. 7 ._ i. 4. Reply to: Christine A.Goebel State of North Carolina Environmental Division 9001 Mail Service Center Department of Justice Raleigh.NC 27699-900I OY COOPER PO Box 629 Tel:919-716-6600 MiNL•Y(;ENERAL. Fax:919-716-6767 Raleigh, North Carolina cgoebel@ncdoj.gov 27602 October 31, 2007 H. Johnston Sifly 1713 Canady Road Wilmington, NC 28411 Re: Sifly v. DENR/DCM, 07 EHR 0040, Dear Mr. Sifly: This letter is in reference to the contested case you filed with the Office of Administrative Hearings (OAH). While Ms. Alcoke is out on leave, I have been assigned to represent the Divisio: of Coastal Management("DCM" or"Respondent") in the case. Mr. Gregson forwarded me your letter and signed Notice of Dismissal form which you asked him to file on your behalf. As DCM': counsel, I have advised Mr. Gregson that because we are opposing parties in this appeal, we cannc act as your attorney and file your Notice of Dismissal for you. As such, I have enclosed your sign( Notice so it can be returned to you. You still may file the Notice of Dismissal with OAH on your own. To do so, you need to file the original and one copy of the form with the Office of Administrative Hearings at 6714 Mail Service Center; Raleigh,NC, 27699-6714. Please send a copy to me as well to my address listed the top of this letter. If you have any questions, the phone number at OAH is (919) 733-0926. However, even if you file this, it is DCM's position that because the official hearing recor( has already been transferred to Acting Counsel for the CRC, Mr. Frank Crawley, the CRC will stil hear the case and make a final agency decision in the matter at its November 29-30, 2007 CRC meeting in Greenville,NC. You should have received a letter dated September 18, 2007 from Mr Crawley, as well as a copy of the official record. Until this matter has been resolved by a final agency decision of the CRC, DCM cannot issue any new permits to you for a pier on this property Please feel free to contact me with any questions you may have about this matter. Very truly yours, nA \ STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF NEW HANOVER 07 EHR 0040 H. JOHNSTON SIFLY, ) ) Petitioner, ) v. ) ) DEPARTMENT OF ENVIRONMENT ) NOTICE OF VOLUNTARY AND NATURAL RESOURCES, ) DISMISSAL DIVISION OF COASTAL ) MANAGEMENT, ) Respondent. ) Notice is hereby given that the undersigned petitioner voluntarily dismisses this contested case without prejudice. This the le) day of ,2007. // H. Jo ston Si 171 CanadKoad Wilmington,NC 28411 1111 iuthwest grill, )1 Oleander Drive, Suite E Wilmington, NC 28403 l PH 910.794.7112 FX 910.794.7077 / t ��— (Sorry for the typed letter, but nobody can read my handwriting.) I hope you're getting along well with the new job. You deserve it. Anyways, [ talked to Robb about the Plan B we've been discussing. He instructed me to send you my withdrawal letter for the contested case about the original proposal. That is fine with me— I've always said I'd be happy to drop the appeal if a viable alternative ,could be approved. Robb has also indicated that Plan B would be approved once the contested case is withdrawn. Just so we're all on the same page, I've included a complete copy of the general permit application for Plan B that I will be presenting to Robb. Assuming this is what you and Robb were envisioning when you said it was an "approvable" proposal then please move forward with my enclosed withdrawal letter for the contested case (last page enclosed). If something in this application is not what your department was expecting, or if you foresee something out of your control preventing Plan B from being approved, then I'd ask you to throw the withdrawal letter into a drawer until we sort it out. Above all, I'd like to thank you for all your help over the last three and half years. You've been a straight shooter and I really appreciate it. I think I might even miss not having a application in with you guys! (Maybe I'll come up with something.) Anyways, please stop by the store the next time you're in town. I can't give you a discount but I would love to see you. Best Regards, - / % k(c 925 3BRANCH 50001 Date I $ ZJa ,""(- ollars LiJ B:lC LO L00400055 L710 09 25