Loading...
HomeMy WebLinkAbout05-49D WangerinLSB TB =RB �F�� MTT * J.- RB NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 13, 2006 g 11F 1, �$. Steve Wan erin Canady Landing, LLC DEC i $ Z006 W.T. Humphrey Group 2421 North Marine Blvd. Morehead City Jacksonville, NC 28546 y ocM RE: Closure Letter Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in Onslow County CAMA Violation #05-491) Dear Mr. Wangerin: This letter will acknowledge receipt of your check #1114, dated December 5, 2006, in the amount of $500.00. Once the amount is credited to the Department of Environment and Natural Resources' account, this matter will be fully and completely closed. If you have any questions concerning this matter, please contact me at my Wilmington office, (910)796-7266. If you have any further questions concerning this matter, please contact me at my Wilmington office, (910) 796-7266. S1 cerely, rrotL. James H. Gregson District Manager JHG/sks cc: Ted Tyndall, Assistant Director Roy Brownlow, Compliance Coordinator WIRO File Copy LPO 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3845 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper &jAL7 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., Secretary November 3, 2006 CERTIFIED MAIL 7004 2510 0001 8280 0253 RETURN RECEIPT REQUESTED Steve Wangerin Canady Landing, LLC % W.T. Humphrey Group 2421 North Marine Blvd. Jacksonville, NC 28546 RE. CAMA VIOLATION #05-49D Dear Mr. Wangerin: L NOV 1 4 2006 Morehead City DC;W This letter is in reference to the Notice of Violation dated August 24, 2005 that Jon Giles, representative for the Division of Coastal Management, issued for the construction of a community dock within 15' of the adjacent property owner's area of riparian access and the creation of two additional boat slips within Fullard Creek and located at 96 Mainsail Drive, Onslow County. The violation involved Estuarine Water and Public Trust Area, which are Areas of Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on October 20, 2006 by Jon Giles, the restoration requested is complete to the satisfaction of the Division of Coastal Management. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $500 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $500 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Steve Wangerin November 3, 2006 Page 2 of 3 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (910) 796-7215. Sincerely, L12 Jim reg on, District Ma ager Divisi f Coastal Management Enclosures cc: Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Jon W Giles, Coastal Management Representative, DCM Andrea Frazier, LPO Onslow County 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ` Steve Wangerin November 3, 2006 Page 3 of 3 CAMA VIOLATION #05.49D AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $500 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near my property 96 Mainsail Dr. in Onslow County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated August 24,2005, and agree to pay the proposed civil assessment of $500. DATE SIGNATURE ADDRESS TELEPHONE NUMBER 27-Dec-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: i •' CASE IS OPEN 05-49D IWANGERIN ICANADY LANDING, LLC C_) CASE IS CLOSED I Previous Violations In Same ❑ NOV DATE CLOSUAEC for Similar ActivitiesRE DATE Elapsed Days AFFLILIATION SECTOR - XLINK 8124l2ttOb r---- F---,— RESPONSIBLE AGENT COMMERCIAL Duplicate Record 817 MAILINGADDRESS CITY STATE ZIP CODE PHONE NUMBER 2421 NORTH MARINE BLVD JACKSONVILLE NC 28546- (910) 455-3555 Show Related Violations PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 96 MAINSAIL DR ISNEADS FERRY IFULLARD CREEK SR 1520 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO ONSLOW IGILES Not Available VIOLATION TYPE AFFECTED AEC(S) Ll CW J EW R PTA ❑ ES [_1 PTS MAJOR PERMIT CONDITION VIOLATION 1_] OEA ❑ HHFA ❑ IHA ❑ PWS ❑I NCRA NATURE OF VIOLATION AEC DESCRIPTION m of terms and conditions of State Permit No. 39-04 by locating six (6) mooring pilings within the 15' nt property owner's riparian access corridor and increasing the number of boat slips by two (2) for a total of (12) boat slips [a maximum number of ten (10) slips was authorized. RESTORATION STATUS] �V1 RESTORATION REQUIRED [1 RESTORATION NOT REQUIRED - CONTRACTOR ( _I, RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT ❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS [1 RESTORATION PENDING RESTORATION REQUEST DATE COMPLETION DATE 9/22/2005 10/20/2006 RESTORATION EXTENDED RESTORE DATE ❑ DEADLINE EXTENDED ❑ REFERRED TO AG'S OFFICE - INJUNCTION INJUNCTION REFER DATE: I ❑ REFERRED TO AG'S OFFICE - COLLECTION COLLECTION REQUEST DATE: I— ___ ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED PENALTY STATU� 11/3h006 1 F- 5500 i._1 PENDING El WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED) [+/1 PENALTY ISSUED ❑ CNOV ISSUED r—CNOV DATE ❑ PENALTY NOT ISSUED ❑ PENALTY APPEALED F APPEAL DATE CI CONRACTOR'S FIRST OFFENSE ❑ FORMAL CPA ISSUED r FORMAL CPA DATE ❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE ❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) AMOUNT OF RESTORED AREA (SQ. FT) NOTES LSB —,K--TB MTT MUM NCDENR North Carolina Department of Environmer Division of Coastal Man Michael F. Easley, Governor Charles S. Jones, Dire NOTICE OF VIOLATI August 24, 2005 CERTIFIED MAIL 70041160 0004 4619 7152 RETURN RECEIPT REQUESTED Mr. Steve Wangerin Canady Landing, LLC. % W.T. Humphrey Group 2421 North Marine Blvd. Jacksonville, N.C. 28546 !ice ce�,', ;'' W - I CNOT a Ca�,Q uc�s ,1 en(� CM A�" RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.39.04 CAMA VIOLATION #05-49D Dear Mr. Wangerin: This letter confirms that on July 5, 2005, Jim Gregson, District Manager and I were onsite at your property located at 96 Mainsail Dr. adjacent to Fullard Creek located in or near Sneads Ferry, off Bill Canady Rd. (SR 1520), Onslow County, North Carolina. The purpose of the visit was to investigate unauthorized development of the construction of a community dock within 15' of the adjacent property owner's area of riparian access and the creation of two additional boat slips within Fullard Creek. We spoke over the phone on August 22, 2005 concerning the location of the mooring pilings within the 15' minimum riparian setback and the extra cleats on the landward most finger piers. Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or conditions of State Permit No. 39-04 which was issued to you by the Coastal Resources Commission and the North Carolina Department of Environment and Natural Resources. I hereby request that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit. On March 18, 2004, State Permit No. 39-04 was issued to Canady Landing LLC for a 10 slip community dock within Fullard Creek on property located off Bill Canady Rd. in Onslow County, North Carolina. This permit was issued for a CAMA Major Development in an Area of Environmental Concern, in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. This permit included the following terms and conditions(s): 1. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 2. This permit authorizes a maximum of ten boat slips. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.necoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper [Canady Landing LLC August 22, 2005 Page 2 of 4 For the following reasons, you are in violation of the above terms and conditions(s) of your permit: 1. The mooring pilings located on the western side of the community dock are within 15 feet of the adjacent property owner's riparian access corridor. 2. The community dock has been designed to have 12 boat slips; specifically the landward most finger piers have cleats on both sides bringing the total number of slips to 12. If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its issuance. To comply with the terms and condition(s) of the permit issued to you, you must: 1. Relocated mooring pilings to meet the minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 2. Remove the cleats on the landward side of the landward most finger piers shall be. If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and return it to me in the enclosed; self-addressed envelope within ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration (N.C.G.S.113A-126). The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (910) 796-7215. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for failure to act in accordance with the terms, conditions, or requirements of such permit. Sincerely, 4"L,)J� Jon W. Giles Jr. Coastal Management Representative 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net • An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper [Canady Landing LLC August 22, 2005 Page 3 of 4 Cc: Ted Tyndall, Assistant Director, DCM Jim Gregson, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Andrea Frazier, Onslow County LIDO ENCLOSURE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-350-2004 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \Affirmative Action Employer— 50% Recyded \ 10% Post Consumer Paper [Canady Landing LLC August 22, 2005 Page 4 of 4 RESTORATION PLAN For Canady Landing LLC Property CAMA Violation No. 05-49D Property located at 96 Mainsail Dr., Onslow County I, Steve Wangedn for Canady Landing LLC, agree to relocate mooring pilings on the western side of the community dock and remove the cleats on the landward side of the landward finger piers. I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by September 22, 2005, or provide an explanation for non-compliance and a reasonable request for time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 and higher against all violations of this type depending upon the damage to 'the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper DCM ENFORCEMENT Issuef Field Rep. t- _ 1-P0 Pooz)a-ey% �7zA 2 LPJ Violation Description Initial Discovery Date -7 S o Sr Discovery Method TRACKING REPORT �f 0 _ — Viclation Description rrr I MJ�(ir.iL �y1-7^-�LrS j� i...iTj MGeY VYIZrJ It' �'ci�i,1Lr•- f �.. r1J�ii1��+b 5i.SPS Respondent Information Prior Violations in same AEC: Yes I No Case Number -01 Respondent Name(s) ' 7TEnJa VVA+J6Z.2zf,.� t LA, .{ny L4�-ut dl/ LLa and /AgenUContracmr) Address ZLi Z % !rl AfLZriL 7i ✓i City State P/-- Zip Phone # \ SS �sSs' Fax # 9io - Ys2 - 00,0/0 Email Violation Type: ! No Permit Permit Condition I! Expired Permit 11 Inconsistent w/ Rules Project Type: L_ Private/Community _ Govt.IPublic Commercial Authorizations Required: }X✓ ' Major LAMA Minor L D&F General Violation Base No. os - N 1 A B C D Violated Permit No. S) - L/ 6f :... weial Was activity permittable? Yes Site Visits Respondent Present r- -- Site Visits Respondent Present 77 Violation Location and Site Description Rover File Project Location: County �Oa Shoreline Length Street Address/ State Road/ Lot #(s) SAV: <ilED Yes No Ci IG fo WS.>S AS L- )--1[L Sandbags: Not Sure Yes Subdivision �iaw�ap'�/ I.A�at 06- PNA: CYO No Adjacent r- ORW: Yes N Adjacent Ciry.S.�_GAPti t'i il.11..,1 _ZIP Z8'�( (7 t7 1 Crit. Hab. Yes No Phone # (_)�River Basin V�hrTe 0Photos ® No Ad-J. Wtr. Body jRl,wA a N xT, = t /man h nknl Waiver Required ® No Closest Maj. Wtr. Body _� AAs l�, �—L ( \tL Aso, y In DWQ Buffer Area Yes No T Specify DWQ Buffer if applicable: Restoration NOV Date %�� Initial Req. Comp. Date Z2 Extension Granted Yes No Restoration Letter CNOV Date _ Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Rcvd by DCM Date Assessment Extended Yes No 7J.0409 Ref. j Recomm. Assess. 'i DCM Assess. App./Permit Fee $ 00 is Penalty 7j.Dytf� f 4 ylLV �$ s Willful/Intent $ $ Continuing is $ I: Other S i Total ' 500 Formal Assessments, Appeals and Reductions Data Long Form Submitted _ Assessmant ArPealed Yes No Pena:_, ...Z;fied Final Assessmant S — Date Attorney General's Office for Injunction or Formal Collection Date sent to AG Res andant not responsive to erl� 1"J C': !r'••^Ciro ;c ccr:^!ata-astoration -- — P P ? J — r.._. Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected: Wetlands Impacted? *V4/ ® If yes, which types: CW EW IPTFy ES PTS OEA F flip SA ' DS CI SY 1R LS TY PWS: FC: SS SC SP IF BF 404 Other Restoration Req fired by the Respondent as No Dimensions in excess Dimensions to restore Final dimensions j of permit/ unauthorized activities allowed Actually restored ! Development Activities n .40fL[ti �i IP%� iiMlbaek 6o�v t5'QJ. t"OMM. A//Marti. IV. - Habitat • I i NOTES: Closing Payment Received E mate Date Case Closed 98 Mainsail Dr, Sneads Ferry OWNERSHIP 08272005 6807 311 (PROPERTY DESCRIPTION ITAX SUBDIVISIONS INAP NUMBER CARD NO CANADY LANDING LLC 1 IOUHb- fTAI�-I-173C TS -S IS/F 773 34,2 4 34,10 CANADY LNI IRECORD NUMBER:. 63972 2421 N MARINE BLVD I I IROUTE 5410026 JACKSONVILLE NC 28546 12176/887 01/08/04 ITEMP-428904 ILISTER:JJ013004 - 5 DEED:1946 651UI2202002 - 2190 MAINSAIL DR I IREVIEW:JJ013004 TOPO ISTREET (UTILITY IZONING 0. ACRES NBHD ILtPffL-ILTGRT-IP-6iWATM1 - AL O1 I (PAVED (SEPTIC I NOTES: I I IELECTRICI I H I 12-11ENFR/C/L I 0.33AC1 I 1 1 I I 1 1 I 75000 I (LAND VALUE: 75000 MOTHER FEAT I SIZE IBASERATE-COND -ADJRATE*UNITS-O B-VALUE I I I I I I I OTHER VALUE: 0 I TION X P S I I I I I I I I 1 I I I 1 1 I I I I I INALLFNSHI FLOURS IREATiAIRIHEATMELl STRUCTURE VALUE: 0 VALUATIONI LAND i 1 750001-1-1-1-1 2272721,V/AC OTHERFEATI I 1 01 1 1 1 1 STRUCTUREI I 1 01 1 1 1 1 TOTAL I 1 1 750001 1 1 1 1 Show with Larger Font Candy Landing, LLC Property 98 Mainsail Dr, Sneads Ferry T -' Candy Landing, LLC Property 98 Mainsail Dr, Sneads Ferry p. 4"SIWOW�4 w .y .GF r **pdtirin w { - Canady Landing, LLC Property H(CEIVED Form DCM-MP-1 DEC 16 2093 DALIMACNACGEIVIENT APPLICATT(I (To be completed by all applicants) 1. APPLICANT c. Street address or secondary road number. a. Landowner: Bill Canady Rd. (SR 1520 d. Is proposed work within city limits or planning Name Canady Landing LLC jurisdiction? X Yes No Address c/o W.T. Humphrey Group e. Name of body of water nearest project (e.g. 2421 North Marine Blvd. river, creek, sound, bay) Fullard Creek City Iacksonville State NC Zip 28546 Day Phone 910-455-3555 3. DESCRIPTION AND PLANNED USE Fax 910-346-5348 OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, Name Christian Preziosi - LMG. Inc. pier, and excavation and/or filling activities. Address PO Box 2522 Installation of pier with ten slips and boat lifts for recreational boating. City Wilmington State NC Zip 28402 Day Phone910-452-0001 b. Is the proposed activity maintenance of an existing project, new work, or both? New Fax 910-452-0060 c. Will the project be for public, private or c. Project name (if any) Canady Landing commercial use? Private No'rD Permit wiffbe issuedinname of fandowner(s), and/or project name. �. d. Give a brief description of purpose, use, method of construction and daily operations of 2. LOCATION OF PROPOSED proposed project. If more space is needed, please attach additional pages. See attached PROJECT narrative a. County Onslow b. City, town, community or landmark Stump Sound Township Revised 03/95 ir, Permit Class AMENDED STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 39-04 Issued to Canady Landing LLC, do WT Humphrey Group, 2421 N. Marine Blvd., Jacksonville, NC 28546 Authorizing development in Onslow County at Fullard Creek, Bill Canadv Rd. (SR1520), Stump Sound Township as requested in the permittee's application dated December 15, 2003, incl. att. workolan drawings (5). dated 1 of 5 dated 12/13/02, 2&3 of 5 dated rec. 12116/03, 45 of 5 dated rec. 1/28/04_ This permit, issued on March 29, 2Mld , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be suolect to rmes, imprisonment or ctvn acuon; or may cause me permit to oe nut[ anu vota. Dockine Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2007 In issuing this. permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. "li' (//7'-;;i� .% arles S. Jones, Director Division of Coastal Management .,:y-;This permit and its conditions are hereby accepted. Signature of Permittee Canady Landing, LLC Permit #39-04 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 4) The roof of the gazebo shall not be designed for second story use. 5) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9) ;The permittee will maintain the authorized work in good condition and in conformance with the terms; and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11) The permittee must install, and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 12) This permit authorizes a maximum of ten boat slips. 13) In order to ensure compliance with 15A NCAC 07H.0208 (b)(6)(D) of the Rules of the Coastal Resources Commission, which allocates a maximum platform size of NO more than 4 square feet per linear feet of shoreline, no additional docking structures may be constructed off of the areas identified on the attached workplan drawings as "reserved lot' and `lot 1". This permit condtitioj] RS to be enforced . "foi the life of the permitted project by recorded protective covenants, recorded deed restrictions, or other legally enforceable instruments. Copies of such legal documents must be provided.to the Division of Coastal Management prior to initiation of construction of authorized docking facility. M Canady Landing, LLC Permit #39-04 Page 3 of 3 ADDMONAL CONDITIONS NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). NOTE: It is strongly recommended that the permittee exercise all available precautions in the day -today operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. General 14) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or, alter the structural work or obstructions caused thereby, without expense to'the'United States or the state of Nortli Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 040255. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 2004000427) which was issued on 3/16/04. gam+- ...�� ,. ;,-;s - $yRE- ..�.-.-7.;w .... .. vim,. ��,... '-= .> ., ._.. �k `7�. �-•� yi`.. r;w�,rt :: e;,. m mmmmow SCALE 1" = 20' 5 T Finger Dock y • ;T • • ;W •T '--> �— 28 -*-- Walkway 4— Fbced Access Pier (120' x 8) 5,1 4--- Covered Gazebo Ramp iE— 126 � — 26 • Boatlift (pilings, lifter beams, and bunks) SAS, ? ' 2004 • DIVISION OF COASTAL MANAGEME Land M Canady Landing nvirogme tal Consultants Group, Inc. Dock Plan View - Onslow County, NC CAMA Major Permit Application Detail 02m30zaoca.W,,on I Update 1_28_c Plat 4 of 5 ro A $ ■ -3m 0 icn via op 'o i o s N n L i -n o a O ad co t�3 tQv i7 C, 50 ;s n� ■ -7-65 i iON .4 v - EV � �T •s s s -y0w Approx. Waterward Limit Coastal Marsh (-1' MLM -Q41 R1. ■ a I." Canady Landing Land Management Group, Inc. -' Onslow County, NC CAMA Major Permit Application 02-02307Mv ,ftf cd,.mp Waterfront & Dock Plan View Plat 3 of 5 98 Mainsail Dr, Sneads Ferry North Carolina r r 1.4_ Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)607-2000 Corporations *Corporations Home •Important Notice OCorporate Forms/Fees •Corporations FAQ *Tobacco Manufacturers *Dissolution Reports *Non -Profit Reports •Verify Certification •Online Annual Reports Links •Secretary Of State Home •Register for E-Procurement •Dept. of Revenue Legislation 01999 Senate Bills '2001 Bill Summaries *Annual Reports 1997 *Corporations 1997 •Other Legislation Search *By Corporate Name *For New Corporation *By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page Date: 8/30/2005 Click here to: View Document Filings I Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC Canady Landing, L.L.C. Legal NC Canaday Landing, L.L.C. Prev Legal Limited Liability Company Information SOSID: 0656004 FID: 65-1165037 Status: Current -Active Date Formed: 12/13/2002 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Humphrey, W. Troy 2421 N. Marine Blvd Jacksonville NC 28546 2421 N. Marine Blvd Jacksonville NC 28546 2421 N. Marine Blvd Jacksonville NC 28546 No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. Canady Landing, LLC Property 98 Mainsail Dr, 5neads Kerry North Carolina s f t s? Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Corporations •Corporations Home •Important Notice @Corporate Forms/Fees *Corporations FAQ OTobacco Manufacturers •Dissolution Reports *Non -Profit Reports *Verify Certification 'Online Annual Reports Links *Secretary Of State Home •Register for E-Procurement •Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries *Annual Reports 1997 *Corporations 1997 *Other Legislation Search 013y Corporate Name •For New Corporation *By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page Date: 8/30/2005 Click here to: View Document Filings I Print apre-populated Annual Report Form I File an Annual Report l Corporation Names Name Name Type NC Uplands Park Legal Development, LLC Limited Liability Company Information SOSID: 0603918 FID: 010599606 Status: Current -Active Date Formed: 9/12/2001 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Wangenn, Steve L. Registered Office Address: 2421 North Marine Boulevard Jacksonville NC 28546 Registered Mailing 2421 North Marine Boulevard Address: Jacksonville NC 28546 Principal Office Address: 2421 North Marine Boulevard Jacksonville NC 28546 Principal Mailing Address: 2421 North Marine Boulevard Jacksonville NC 28546 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to webmaster. Canady Landing, LLC Property 30-Aug-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD CASE STATUS CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME: • CASE ISM OS-49D IWANGERIN STEVE CANADY LANDING, LLC CASE IS CLOSED Previous Violations in Same AEC NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR ❑ for Similar Activities 8/24/2005 I RESPONSIBLE AGE ICOMMERCIAL MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER 2421 NORTH MARINE BLVD JACKSONVILLE NC 2857(910) 455-3555 PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD 96 MAINSAIL DR SNEADS FERRY IFULLARD CREEK SR 1520 DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT WIRO ONSLOW GILES-- AFFECTED AEC(S) CW J! EW J PTA ES PTS VIOLATION TYPE _ MAJOR PERMIT CONDITION VIOLATION OEA ❑ HHFA IHA ❑ PWS NCRA NATURE OF VIOLATION AEC DESCRIPTION tion of terms and conditions of State Permit No. 39-04 by locating six (6) mooring pilings within the 15' adjacent arty owner's riparian access corridor and increasing the number of boat slips by two (2) for a total of twelve (12) slips [a maximum number of ten (10) slips was authorized]. (ORATION STATl7 ----- RESTORATION NOT REQUIRED - RESTORATION NOT REQUIRED - RESTORATION NOT REQUIRED - RESTORATION PENDING PENALTY STATUS 1 PENALTYISSUED ❑ PENALTY NOT ISSUED ❑ CONRACTOR'S FIRST OFFENSE ----------------------- RESTORATION REQUEST DATE COMPLETION DATE 9/22/2005 CONTRACTOR -� RESTORATION EXTENDED RESTORE DATE PERMIT -FABLE DEVELOPMENT - DEADLINE EXTENDED FURTHERIMPACTS REFERRED TO AG'S OFFICE - COLLECTION REFERRED TO AG'S OFFICE - INJUNCTION ASSESSMENT DATE PENALTY AMOUNT {�C'OLLECTION�DATE AMOUNT COLLECTED 1 WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) ❑ CNOV ISSUED ❑ SETTLED, AGREED UPON, OR STIPULATED PENALTY 1 PENALTY APPEALED I UNCOLLECTIBLE PENALTY Violations Involving Adversely Impacted Resources AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 1 AMOUNT OF RESTORED AREA (SO. FT) r— NOTES FORMAL CPA ISSUED