HomeMy WebLinkAbout05-49D WangerinLSB
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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
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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
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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
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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
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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
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IREVIEW:JJ013004
TOPO ISTREET
(UTILITY IZONING 0.
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ILtPffL-ILTGRT-IP-6iWATM1
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(SEPTIC I NOTES:
I I
IELECTRICI
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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
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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.
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• Boatlift (pilings, lifter
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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
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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
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Date: 8/30/2005
Click here to:
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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