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zed by the State of North Carolina, Department of Environment and Natural Resources VA.,
pasta) Resources Commission in an area of environmental concern pursuant to I 5A NCAC . . . ,4.00 e (4c- ,r/ f
1 Rules attached. Gee.
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NCDENR d ut I e-ei
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
ichael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secr
April 18, 2008
and Delivered
iddle Sound Marine
'o 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
ern, for the construction of a private pier, platform, floating dock and boatlift, located at 934 Santa Mai
ie., in Wilmington, N.C. Unfortunately, the Division of Coastal Management is not able to process yot
iuest for a pier and docking facility under a CAMA General Permit due to specific site conditions (i.e.
able to meet the 1/4 width of waterbody rule requirements as described in 15A NCAC 07H .1205 (n), 1
�AC 07H .0208 USE STANDARDS (b)(6)(J)(iii) and 15A NCAC 07H .0601 NO VIOLATION OF A
JLE).
Based upon these findings, the Division of Coastal Management is denying your request for a CM
;neral Permit. However, you may petition for a variance from the Coastal Resource Commission (CRC;
;ans of the procedures described in 15A NCAC 07J .0700. I have enclosed a copy of the subject ruling
: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,
obb Mairs
Field Representative

'04/16/2008 21:57 9106964452 BRUDFOOT PUB CO PAGE 02
:..,. ' Dh SION OP COASTAf.MA,NAO t
- ikarAcwr RIPARIAN PROPERTY OW .OWISKNOTIFICATION/WANEREQW
Name of Individual Applying For Permit ..60.903
J
Address of Property: Y 1 Stem-
(Lot or Street#, Street or'Road)
•
(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 cm the attached drawing the development they
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 Coastal
Management, 127 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.
WArvtR SECTION
I understand that a pier,dock,mooring,pilings,breakwater,boat house or boat Lift must be set
bck a minimum distance of 15' from my area of riparian access -unless waived by me. (If y ou
wish to waive the setback,you must initial the appropriate blank beIow.)
I do wish to waive the 15' setback requirement.
O I do not wish to waive the 15'setback requirement
/io •
Sign Name Date
PAC Name 1 , -

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STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF NEW HANOVER CRC-VR-08-12
CRC-VR-08-13
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL ORDER
BY SUSAN G. STERN )
This matter was heard on oral arguments and stipulated facts at the regularly
scheduled meeting of the North Carolina Coastal Resources Commission (hereinafter
CRC) on May 21, 2008, in Washington, North Carolina pursuant to N.C.G.S. § 113A-
120.1 and 15A NCAC 7J.0700, et seq. Thomas F. Moffitt, Esq., appeared for the
Department of Environment and Natural Resources, Division of Coastal Management;
William A. Raney, Jr., Esq., appeared on behalf of the Susan G. Stem.
Upon consideration of the record documents and the arguments of the parties, the
CRC adopts the following:
STIPULATED FACTS
1. The petitioner, Susan G. Stern, is the owner of two undeveloped waterfront lots
located at 934 and 938 Santa Maria Ave., Wilmington, North Carolina, and identified in
her applications as Lots "A"and "B,"respectively.
2. Petitioner's lots are situated on the north side of Pages Creek, a tidal estuary
extending from near Highway 17 on the west to the Intracoastal Waterway on the east.
3. Petitioner's property is located in the following Areas of Environmental Concern
("AECs"): Estuarine Waters and Public Trust Area AECs.
4. Pages Creek is navigable by small boats from its intersection with the Intracoastal
Waterway for about two miles upstream. The navigable channel of Page's Creek
meanders within a wide area consisting of sand bars, sand flats, intertidal marshes, oyster
beds and flats.

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
. . . _..

CERTIFICATE OF SERVICE
This is to certify that I have caused the foregoing Final Order to be served upon the
counsel for Petitioners and counsel for the Division of Coastal Management by the means
specified below:
Susan G. Stern
120 Coquina Drive Certified Mail/
Wilmington, NC 28411 Return Receipt Requested
William A. Raney, Jr.
Wessell & Raney, LLP Certified Mail/
P.O. Box 1049 Return Receipt Requested
Wilmington, NC 28402-1049
Thomas F. Moffitt sent electronically [e-mail]
Assistant Attorney General
N.C. Department of Justice
This the of July, 2008.
7=1
-4-(-1-k-)-4/
J nie Wilhelm Hauser
Special Deputy Attorney General
N.C. Department of Justice
9001 Mail Service Center
Raleigh,NC 27699-9001
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
nrthA ..___ at_ -1_ 1- - -, r

State of North Carolina Reply to:
Jennie Wilhelm Hauser
Del)ilrtnic lr of.I(Iti11C19 Environmental Division
;[T„it�i: c,l:�l_i:.�I POI�O\ (i-2f.1 9001 Mail Service Center
Raleigh,NC 27699-9001
lull( lgi 1. North (.i[Ulllli:l Tel:[phone]
27602 Fan:[phone]
[e-mail]
_.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. Stem, 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,
1'---
Jennie Wilhelm Hauser
Special Deputy Attorney General
Counsel to the Commission

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NO 1 U ICATION/WAIVER FORM
Name of Individual Applying For Permit: ,_(15A IV ,5f.R )
Address of Property: q311 ATh\
mium
(Lot or Street#, Street or Road)
WI.. /kW Oa V.) KKC— 2Pii
(City and County) l
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 des ' )ion or drawing, with dimensions, should be provided with this letter
I have no objections to this proposal. V 6T.OrW)
If you have objections to what is being proposed, please write the Division of Coa:
Management, 127 Cardinal Drive Extension, Wilmington, NC 28403 or call 910-796-7'
within 10 days of receipt of this notice. No response is considered the same as no objecrio
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
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 i/i_ to setback requirement.V(1.1airlit—S
.„,
S i°�1 N ate
de,6e6 ✓ ?�1 all f
Print Name A,, . _ A

ACV
1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
iaei F.Easley, Governor James H.Gregson,Director William G.Ross Jr.,Se
Authorized Agent Consent Agreement
4.1--W KV 6- is hereby authorized to act on my behE
(Printed Name of Agent)
ler to obtain any CAMA permit(s) required for the property listed below. The authorization is limited to
fic activities described in the attached sketch.
4TION OF PROJECT:
2Ut�l.�Sk���
5AOMPI Maw
1 NgUGC 1 28,t11
'ERTY OWNER.MAILING ADDRESS: •
bow) SVTi
0 CO f
,l,N lM C_ 2BLt PHONE NO. Cjlo 68k) 2-757
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CQ\\, b\ t-Sca10
�iORIZEDAAGENNT MAILING ADDRESS:
4-K\ <1.)G-
D . 5RA0DAvit c-
: koki ) K1C2,5411
PHONE NO. UD 686 -1 m i
ture of Property Owner: C;