51381D - Stern

5/
4CAA ❑DREDGE & FILL /O TQ 5,
M
3ENERAL PERMIT Previous permit#
?New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
rized by the State of North Carolina,Department of Environment and Natural Resources —sit f
:oastal Resources Commission in an area of environmental concern pursuant to I5A NCAC R " IZ0Q g L ILL Y IS
,y --a-
j %Rules attached.
_it Name (t5 �
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6f71/4 S /2
ArrA,
•
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
chael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secn
April 18, 2008
mnd Delivered
ddle Sound Marine
John King (Authorized agent)
D East Brandywine Circle
lmington,N.C. 28411
ar Mr. King:
The Division of Coastal Management has reviewed your proposal, acting as agent for Ms. Susan Ster
the construction of a private pier,platform, floating dock and boatlift, located at 938 Santa Maria Ave., ii
lmington,N.C. Unfortunately, the Division of Coastal Management is not able to process your request foi
r and docking facility under a CAMA General Permit due to specific site conditions (i.e. unable to meet tl
width of waterbody rule requirements as described in 15A NCAC 07H .1205 (n), 15A NCAC 07H .0208
STANDARDS (b)(6)(J)(iii) and 15A NCAC 07H .0601 NO VIOLATION OF ANY RULE).
Based upon these findings,the Division of Coastal Management is denying your request for a CAM/
neral Permit. However, you may petition for a variance from the Coastal Resource Commission(CRC)1)l
ans of the procedures described in 15A NCAC 07J .0700. I have enclosed a copy of the subject ruling as
11 as the CAMA Variance Request Form(DCM Form 11).
If you have any questions regarding this decision, please feel free to call me at(910) 796.7215.
Sincerely,
AlerAqfric;
Robb Mairs
Field Representative
: Ted Tyndall, DCM

4/1b/2008 21:57 9105864452 BROADFOQT PUS CO PAGE 04
DIVISION OF COASTAL MAN
• ADJAa T R5,PA AN PROPERTY qWR 1 T C ATION/WAIVE FORM
Name of Individual Applying For Permit: 60$4 s
Address of Property: g3 . . P*jTjU k.._.
(Lot or Street#, Street or F;.oad)
(City and County)
•
I hereby certify that I own property adjacent to the above-referenced. property. The individual
applying for this permit has described to me as shown on the at shed drawing the development they
are Proposing. A description or drawing, with dimensions, should be provided with this letter.
CAL I have no objections to this proposal. V C, .}J31 5)
If you have objections to what is being proposed, please write the Division of Coastal.
Maaaget:nent, 127 Cardinal Drive Extension, Wilmington, NC 23405 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 beset
bek a minimum distance of 15' from my area of riparian access -unless waived by me. (If you
wish to waive the setback,'you must initial the appropriate bilank below,)
I do wish to waive the 1 setback reouirermint_
(�►'/ I do not wish to waive the 13` setback requiilemeut.V CT.killYALS�
4( (7tog
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
AGREEMENT
THIS AGREEMENT entered into this day of A 14y , 2007, by and
between Eric R. Calhoun (hereinafter referred to as "Calhoun"), Chris Carlson and wife,
Lisa Carlson (hereinafter referred to as "Carlsons"), and Susan G. Stern (hereinafter
referred to as "Stem") All of the aforementioned persons, together, referred to herein as
"the parties";
WITNESSETH:
WHEREAS Calhoun is the fee simple owner of those lots or Tracts of land
described by deed in Book 4875, beginning at Page 484 of the New Hanover County
Registry, said real property hereinafter referred to herein as "the Calhoun Property" (the
entire interest of Calhoun to said Tracts is contained in various Deeds recorded heretofore
in said Registry) said tracts more particularly described as:
TRACT ONE
Being all of Lot 3 as shown on that map entitled "Recombination of Previously
Divided Lots of Lot 2 and 3 — Map Book 39, Page 375 — Santa Maria Harnett
Township New Hanover County North Carolina for Eric Richardson Calhoun"
dated August 2, 2002 and recorded in Map Book 42 at Page 371, New Hanover
County Registry.
TRACT TWO
Being all of Lots 3 and 4 as shown on that map entitled "Redivision of Part of
Lot 3 and all of Lots 4 and 5 Santa Maria for Eric Richardson Calhoun. et al"
dated August 6, 1994 and recorded in Map Book 34 at Page 103, New Hanover
County Registry; and
WHEREAS Carlson are the fee simple owners of that Lot or Tract of land
described by deed recorded in Book 4959, at Page 1913 of the New Hanover County
Registry, said Lot more particularly described as:

said dock shall be relocated or constructed on Calhoun's side of the shared riparian line
with the Carlsons', or at such other location required by applicable laws and regulations;
and
WHEREAS the parties hereto intend for this agreement to run with the land, and for
the provisions herein to bind and inure to the benefit of their heirs, assigns, and
successors in interest, forever;
NOW, THEREFORE, in consideration of$10.00 and other, valuable consideration
and the mutual covenants and agreements set forth herein, the receipt of which is hereby
acknowledged,the parties agree as follows:
1. That the riparian lines for the construction, maintenance, and enjoyment of
finger piers and/or docks For Stem's Lots A and B, Carlson' Lot C, and the
westernmost line of Calhoun's Lot which is shared with Carlson's
easternmost line of Lot C, shall be as shown on the plat and survey thereof,
entitled "Map of Proposed Riparian Lines for Katie C. Houston, Carl I.
Carlson, III, Stephen C. Carlson, Christopher C. Carlson & Carlson Farms
Development Company, Inc." which is attached hereto and incorporated
herein by reference.
2. That, to the extent that the riparian lines described herein and on the map
attached hereto differ from existing law, the new riparian lines provided for
herein shall control
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as
of the day and year first above written.
TT TT C' can A JKTTCATTT(NM AT T VT FFT RI_A NY

North Carolina
( v Fc.J County
•I, ,v,f�� /1. 6'.`tl/3-1"-- , a Notary Public, do hereby certify that
CHRIS CARLSON personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes set forth therein.
Witness my hand and notarial seal, this o2(day of �r/'/ 200%. 7
/ n1a' » Vet-2%/794-9-A--
Notary Public �rT /4. tj4!17Imc.1
My commission expires: Vanun y /S •,)42.d
SEAL Roberta H. Gammon
Notary Public
Guilford County, NC
My Commission Expires r1 /1e, )0
North Carolina
66./th; j County
1
I, -60 b—A...„ a << �'`Y'"' , a Notary Public, do hereby certify that
LISA CARLSON personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes set forth therein.
Witness my hand and notarial seal, this �tLday of A F rti t 2008.
Notary Public 730 by ,CI CG m '
My commission expires: (I‘:,-n 7. 4,/
SEAL I o.,�..�_ a • „_ i

Q 11 4. (SEAL)
Susan G. Stern
(SEAL)
Chris Carlson
(SEAL)
Lisa Carlson
(SEAL)
Eric R. Calhoun
(SEAL)
Mary S. Calhoun
North Carolina
County
I, • 11114:4°.' , a Notary Public, do hereby certify that
SUSAN G. RN personally ap ed before me this day and acknowledged the due
execution of the foregoing instrument for the purposes set forth therein.
Witness my hand and notarial seal, this 03/day of tly-- 2007.

1,1)>e
State of North Carolina Reply to.
Jennie Wilhelm Hauser
I)cl)i 1111111'111 UI .l1lS1I 'l' Environmental Division
.NI_It\l. POI 30\ 9001 Mail Service Center
Itilleigh. NOrth (:ilrOIlllia Raleigh,NC27699-9001
Tel:[phone]
.2 7(iO2 Fax:[phone]
[e-mail]
ncdoj.gov
July 14, 2008
Susan G. Stern CERTIFIED MAIL
120 Coquina Drive RETURN RECEIPT REQUESTED
Wilmington, North Carolina 28411
William A. Raney,Jr., Esq. CERTIFIED MAIL
Wessell & Raney,LLP RETURN RECEIPT REQUESTED
P.O. Box 1049
Wilmington,North Carolina 28402-1049
Re: Variance Request to Coastal Resources Commission
By Susan G. Stern, CRC-VR-08-12, CRC-VR-08-13
Dear Ms. Stern:
At its May 21, 2008 meeting,the Coastal Resources Commission voted to grant the above
• referenced variance request. Attached is a copy of the Final Order, signed by the Chairman of the
Coastal Resources Commission. Prior to undertaking the development for which you sought a
variance, you must first obtain a CAMA permit from your local permitting authority or the Division
of Coastal Management.
Sincerely,
Jennie Wilhelm Hauser
Special Deputy Attorney General
Counsel to the Commission

•
6. Petitioner's lots are located near the mouth of Pages Creek on an embayment that
opens to the south.
7. There are four lots that border the embayment along the east and north sides with
the west side of the embayment being an intertidal spit.
8. There is a dredged channel/basin on the eastern side of the embayment that
provides deep water access to the two lots on the east and northeast side of the
embayment. Petitioner's lots are on the north and west side of the embayment.
9. The water frontage on the Petitioner's lots is bordered by a fringe of intertidal
marsh that translates into a sand flat that covers approximately two-thirds of the
embayment and extends southward to an oyster rock bed and eastward to the dredged
channel/basin.
10. The sand flat is shallower than one foot mean low water in depth from the edge of
the marsh to the dredged channel/basin.
11. The water depth increases quickly at the edge of the dredged channel/basin.
12. The shortest distance from the Petitioner's lots to water that is deep enough to
utilize a floating dock is reached by going southwestwardly from the Petitioner's
waterfront to the dredged channel/basin.
13. A pier extending southwestwardly from the Petitioner's property to the minus
three foot MLW contour exceeds one-fourth of the width of the water body when the
width is measured along the axis formed by the line from the beginning point of the
proposed piers to the outermost point of the proposed piers.
14. Application of the "one-quarter rule" would result in piers ending in a sand flat
that is either dry or has only a few inches of water at low tide.
15. There is a riparian corridor agreement, dated May 21, 2007, by which the owners
of the four lots on the embayment (Petitioner, Chris and Lisa Carlson, and Eric and Mary
Calhoun) have agreed that each lot would have access to the dredged channel/basin
within the embayment. The adjacent riparian property owners have consented to the
construction of the piers.
16. The location of the proposed piers should not obstruct navigation by the public
because the piers will be located in water that is too shallow for navigation at most stages
of ,1_ _..L1:_ ..___ aL_ J__J—_J i • r

the rule would require this even though there is access to adequate deep water close by
and impacts on navigation and the environment appear to be negligible.
4. The Petitioner has demonstrated that her hardship results from conditions
peculiar to Petitioner's property, such as the location, size, or topography of the property.
The Petitioner's lots are located in an embayment that has only four waterfront lots that
have access to deep water via a dredged channel that the four riparian owners have agreed
to share; however, Petitioner's property is separated from the dredged channel/basin by a
shallow sand flat that covers roughly two-thirds of the embayment. Consequently, the
Petitioner cannot reach adequate deep water due to the unique physical characteristics of
the embayment if the one-quarter rule is strictly applied even though all the owners of the
lots on the embayment signed a riparian corridor agreement that would provide each lot
with reasonable access to the channel. Under these circumstances, the shape of the
embayment creates a technical inconsistency with the one-quarter rule as the piers extend
into the water body.
5. The Petitioner has demonstrated that this hardship does not result from
actions she has taken because the Petitioner had nothing to do with the natural shape and
configuration of the shallow embayment, sand flat, or the location of the existing dredged
channel.
6. The Petitioner has demonstrated (a) that the requested variance is
consistent with the spirit, purpose and intent of the Commission's rules, (b) that it will

ORDER
THEREFORE, the variance from 15A NCAC 7H. 1205(n), 7H .0208(b)(6)(J)(iii),
and 7H .0601 is GRANTED for each lot.
This variance is based upon the Stipulated Facts set forth above. The
Commission reserves the right to reconsider the granting of this variance and to take any
appropriate action should it be shown that any of the above Stipulated Facts is not true.
This the 15 ih day of July, 2008.
Robert R. Emory, Jr., hairman
Coastal Resources Commission

ENVIRONMENTAL Fax:[phone] Feb 12 '08 16:50 P.01
TRebb Lils qie 3?S
bel, Christine 3109
1: Goebel, Christine
Tuesday, February 12, 2008 3:18 PM
Robb Mairs
Mike Lopazanski
act: RE:[DENR.DCM.WIRO](DENR_DCMJ Feb 12 Draft CRC Agendaeardroe.
ktJ
OnAA% 'I CA. k ZAW
y I didn't get back to you sooner. 4CAL +0 do/w SO Tartet
's right about the deadline to even have a chance at the March meeting__2/28 at 5pm.
directions of where to send the petition are on the variance form, found online.
e I Currently have 6 on the agenda, 3 of these are iffy, and so your guy might as well
something filed. I know there are others who plan to file shortly, so the sooner they
, the better and the higher they are in the "que". If they file before 2/28, they
be on in either March or May per the rules.
our guy is a contractor and not the property owner, he needs to know that there are
e bar opinions which don't allow non-lawyers from representing others at quasi-
cial proceedings like this. He can assist his client on technical matters, but can't
esent or advocate for the owner and their interests. They either need to represent
selves or hire an attorney to do it for them.
se have him call me with any other questions - 919-716-6600 (the general line)
sty
: Mike LOpazanski Emailto:Mike.LopazanskiOacmail.net]
Tuesday, February 12, 2008 2:14 PM
Robb Mairs
Goebel, Christine
ect: Re: [DENR.DCM.WIRO] [DENR.DCM] Feb 12 Draft CRC Agenda
deadline is Feb 28th at 5:00 pm. I don't think Christie will be able to get another
en the March agenda though. You might want to check with her as well.

I AMA►/ ❑DREDGE & FILL 5 '®' NI? 5
C
3 E N E RAL PERMIT Previous permit#
ew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
rized by the State of North Carolina,Department of Environment and Natural Resources -, " p
;oastal Resources Commission in an area of environmental concern pursuant to I5A NCAC`s---It ' ' ,-r i L Q ~ilk-a
Rules attached.
t Name ,j'I5&i7 Pt'f? Project Location: County /Ve i-� ;�f ry-k e'er
/2 o' ?_eep-,i';4 -. Street Address/State Road/Lot#(s) le, f 8
rl ` /l �`/�
4/, )i44/re, �f State Ai ZIP if././ .3 i,i14 1e/'/%a "- •
'(40) t4,,I!'!�'/ Fax#( ) Subdivision
ed Agent T/*'ti'-/ ,/t /h// City It
ZIP
CW ❑EW 1 I PTA IIIES ❑PTS Phone# ( ) f r River Basin `'"
❑OEA ❑HHF =IH ❑UBA ❑N/A Adj.Wtr. Body i%is (--"/'fe,f , nat /m
❑ PWS: FC: /f_ i //
yes /fio`' PNA yes / no Crit.Hab. yes / no Closest Maj.Wtr. Body <'// ' --t"� `
Project/Activity (9,165 the/T/G', /, 7,, ..- !%/rr 4 /7/2,- //2h// .;e
'/1 /'` rC�C' J'!"!'//Y (Scale: f/-- [
:k)length 245 )C ,j / r J
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not sure yes V / ;. - ! — ! `\!
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um: n/a yes fior "i' I jG I
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ttached: yes 0 p •FK N "t i i ' i
ig permit may be required by: !V T/ 0 . 1a sp,el/Pi 5 See note on back regarding River Basin rul

6P1/45-Fe-
Agg%
NCDENR de
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
chael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secre
April 18, 2008
ind Delivered
ddle Sound Marine
D John King (Authorized agent)
0 East Brandywine Circle
ilmington,N.C. 28411
ar Mr. King:
The Division of Coastal Management has reviewed your proposal, acting as agent for Ms. Susan Stei
•the construction of a private pier,platform, floating dock and boatlift, located at 938 Santa Maria Ave., is
ilmington,N.C. Unfortunately,the Division of Coastal Management is not able to process your request fo:
;r and docking facility under a CAMA General Permit due to specific site conditions (i.e. unable to meet t:
width of waterbody rule requirements as described in 15A NCAC 07H .1205 (n), 15A NCAC 07H .0208
>E STANDARDS (b)(6)(J)(iii) and 15A NCAC 07H .0601 NO VIOLATION OF ANY RULE).
Based upon these findings,the Division of Coastal Management is denying your request for a CAME
:neral Permit. However,you may petition for a variance from the Coastal Resource Commission(CRC) b:
;ans of the procedures described in 15A NCAC 07J .0700. I have enclosed a copy of the subject ruling as
:11 as the CAMA Variance Request Form(DCM Form 11).
If you have any questions regarding this decision, please feel free to call me at [phone].
Sincerely,
-Af1144fric;
Robb Mairs
Field Representative
Ted Tyndall, DCM