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Home My WebLink About27-96 Amended The Rock Golf LinksPermit Class Permit Number AMENDED (by Settlement Agreement) STATE Department of Env X Major Issued to authorizing development in Brunswick Road) as requested in the k 27-96 Resources dR,:`�� A( 908 ai Aiea.bfEnvironmental Concern z,cuisuant to NCGS 113-229 at90"Agreement" dated 5/21/96. This permit issued on 9 toice' 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 subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This Amended permit revises Condition No. 1 of the original of Permit No. 27-96 issued on February 27, 1996 as follows: (1)An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (MHW) and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retainine walls have been approved for construction. Retaining walls must be at or above the coastal wetland line and backfilled such that land contours slope away from adjacent wetlands. 2) This Amended permit must be attached to the original of Permit No. 27-96 and both documents must be readily available on site when a Division representative inspects the project for compliance. All conditions and stipulations of the original permit remain in force under this amendment unless altered herein. This permit action may be appealed by the pennittee 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 Departmental approval. All work must cease when the perrnit expires on December 31,199 1 1999 Signed by the authority of the Secretary ofDEHNR and the Chairman of the Coastal Resources Commission. oger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Permit Class AMENDED (by Settlement Agreement) STATE OF NORTH--CAROLl1 Department of Epvi oninenalih-& Nati X p'". *' Major Developmei pursuant to NCGS Excavation and/or QUAM Resources Concern to NCGS 113-229 Issued to The Rock Golf Links, LLC, c/o R.D. White, P.O. Box 352, Shallotte, NC 28459 Permit Number 27-96 authorizing development in Brunswick County at the Shallotte River, west side, off of SR1191 (Copal Road) , as requested in the permittee's application kou"Agreement" dated 5/21/96. This permit, issued on b — ---.S= 9 t'n , 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 subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This Amended permit revises Condition No. 1 of the original of Permit No. 27-96 issued on February 27, 1996 as follows: (1)An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (MHW) and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retaining walls have been approved for construction. Retaining walls must be at or above the coastal wetland line and backfilled such that land contours slope away from adjacent wetlands 2) This Amended permit must be attached to the original of Permit No. 27-96 and both documents must be readily available on site when a Division representative inspects the project for compliance. All conditions and stipulations of the original permit remain in force under this amendment unless altered herein. This permilLaction 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 Departmental approval. All work must cease when the pennit expires on December 31.1999 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 DEHNR and the Chairman of the Coastal Resources Commission. oger N. 'checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class _ PemdtNumber AMENDED (by Settlement Agreement) STATE Department of Env X Major DevelopmeI pursuant to NCGS Resources Concern Excavation and/or fillingpursuant to NCGS 113-229 Issued to The Rock Golf Links, LLC, c/o R.D. White, P.O. Box 352, Shallotte, NC 28459 27-96 authorizing development in Brunswick County at the Shallotte River, west side, off ofSRI191 (Covas Road) , as requested in the permittee's application rAQw"Agreement" dated 5/21/96. This permit, issued on b -- `a i, , 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 subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This Amended permit revises Condition No. 1 of the original of Permit No. 27-96 issued on February 27, 1996 as follows: (1)An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (NHIW) and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retaining walls have been approved for construction. Retaining walls must be at or above the coastal wetland line and backfilled such that land contours slope away from adjacent wetlands. 2) This Amended permit must be attached to the original of Permit No. 27-96 and both documents must be readily available on site when a Division representative inspects the project for compliance. All conditions and stipulations of the original permit remain in force under this amendment unless altered herein. 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 Departmental approval. All work must cease when the pemrit expires on December 31,1999 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 DEHNR and the Chairman of the Coastal Resources Commission. oger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class Permit Number AMENDED (by Settlement Agreement) STATE Department of Env X Major Developme, pursuant to NCGS Excavation and/or Resources Concern QUAM e pursi ant to NCGS 113-229 Issued to The Rock Golf Links, LLC, c/o R.D. White, P.O. Box 352, Shallotte, NC 28459 27-96 authorizing development in Brunswick County at the Shallotte River, west side, off of SR1191(Conas Road) , as requested in the permittee's application d+ou"Agreement" dated 5/21/96. This permit, issued on b — aS 9 to , 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 subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This Amended permit revises Condition No. 1 of the original of Permit No. 27-96 issued on February 27, 1996 as follows: (1)An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (MHW) and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retaining walls have been approved for construction. Retaining walls must be at or above the coastal wetland line and backfrlled such that land contours slope away from adjacent wetlands 2) This Amended permit must be attached to the original of Permit No. 27-96 and both documents must be readily available on site when a Division representative inspects the project for compliance. All conditions and stipulations of the original permit remain in force under this amendment unless altered herein. This permit_action may be appealed by the pemrittee 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 Departmental approval. All work must cease when the permit expires on December 31.1999 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 DEHNR and the Chairman of the Coastal Resources Commission. oger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class Permit Number AMENDED (by Settlement Agreement) STATE Department of Em Resources Major Developmianrfi an Are0.of-Eri_vironmental Concern pursuant to NCGS 113X-418"7 & Excavation and/or fillip pursuant to NCGS 113-229 Issued to The Rock Golf Links, LLC, c/o R.D. White, P.O. Box 352, Shallotte, NC 28459 27-96 authorizing development in Brunswick County at the Shallotte River, west side, off of SR1191 (Covas Road) as requested in the permittee's application Jgt$ti"Agreement" dated 5/21/96. This permit, issued on b -- -a.S-- 9 G , 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 subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This Amended permit revises Condition No. 1 of the original of Permit No. 27-96 issued on February 27, 1996 as follows: (1)An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (MHW) and all golf course fairways and greens._ This naturally vegetated buffer shall not be necessary where retaining walls have been approved for construction Retaining walls must be at or above the coastal wetland line and backfrlled such that land contours slope away from adjacent wetlands 2) This Amended permit must be attached to the original of Pemrit No. 27-96 and both documents must be readily available on site when a Division representative inspects the project for compliance. All conditions and stipulations of the original permit remain in force under this amendment unless altered herein. 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 furtherDepartmental approval. All work must cease when the permit expires on December 31,1999 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 DEHNR and the Chairman of the Coastal Resources Commission. oger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee State of North Carolina MICHAEL F. EASLEY Department of Justice ATTORNEY OEVERAL P. O. BOX 629 Iteply to: RALEIGH 27602-0629 TO: Roger Schecter/Kris Horton John Parker Preston Pate Bob Stroud/Ed Brooks Nancy Andrews FROM: Dave Heeter Al�— DATE: July 18, 1996 Dave Heeter Environmental Division Telephone:(919) 733-5725 FAX: (919) 733-0791 RE: Settlement of Contested Case Petition by The Rock Golf Links, 96 EHR 0293 On June 25, 1996, amended CAMA Permit No. 27096 was issued to The Rock Gold Links, LLC, consistent with the Settlement Agreement between the parties. On July 10, 1996, the Office of Administrative Hearings ordered that the Contested Case Petition be withdrawn and the matter closed. Copies of the relevant documents are enclosed. An Equal Opportunity / Affirmative Action Employer ZI STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THE ROCK GOLF LINKS C/O R D WHITE Petitioner V. DIVISION OF COASTAL MANAGEMENT Respondent IN THE OFFICE OF ADMINISTRATIVE HEARINGS 96 'EHR 0293 ORDER WITHDRAWING PETITION UPON CONSIDERATION of the executed Settlement Agreement between the parties filed with the undersigned on July 10, 1996; IT IS HEREBY ORDERED that the Petition in the above -captioned matter be WITHDRAWN and the contested case be CLOSED. This the -/,—? day of July, 1996. Th mas R. West Administrative Law Judge I -2- 4 A copy of the foregoing was mailed to: The Rock Golf Links c/o R D White PO Box 352 Shallotte NC 28459- Petitioner David G Heeter Assistant Attorney General NC Department of Justice PO Box 629 Raleigh NC 27602-0629 Attorney for Respondent This the `G day of July, 1996. Office of Administrative Hearings PO Drawer 27447 Raleigh NC 27611-7447 919/733-2698 9 _n�re � �- 14 State of North Carolina MICHAEL 1° EASLEY Department of Justice Ai OIINEY ;ESERAL i°. n. BOX 629 RALEIGH r 27602 0629 _. July 10, 1996 c V Honorable Thomas R. West Administrative Law Judge Office of Administrative Hearings P.O. Drawer 27447 Raleigh, NC 27611-7447 RE: Voluntary Dismissal of Contested Case Petition by the Rock Golf Links, 96 EHR 0293, Brunswick County Dear Judge West: Enclosed you will find the executed Settlement Agreement between The Rock Golf Links and the Division of Coastal Management. Enclosed you will also find a copy of Amended Permit No. 27-96 as accepted by R. D. White on behalf of The Rock Golf Links, LLC. Under the Agreement, the Respondent's filing of the Agreement and a copy of Amended Permit No. 27-96 signed by Mr. White constitutes a Notice of Voluntary Dismissal by the Petitioner. Such dismissal resolves this matter, and a hearing will not be required as scheduled on July 18 in Pander County. Sincerely, David G. Heater Assistant Attorney General DH/sd cc: R. D. White Roger Schecter/John Parker Preston Pate Bob Stroud/Ed Brooks An Equal Opportunity / Affirmative Action Employer V � Wt RECEIVED y JUN .41996 State of North Carolina N.C. ATTORNEY MICHAEL F. EASLEY Department of Justice GENERAL ATTORNEY GENERAL P. O. BOX 629 Environmental Division Reply to: David G. Heeter RALEIGH Environmental Division 27602.0629 Telephone: (919) 733-7247 Fax: (919) 733-0791 May 21, 1996 Mr. R. D. White The Rock Golf Links P. 0. Box 352 Shallotte, NC 28459 RE: Settlement Agreement - The Rock Golf Li -al, s v. Div :lion of Coastal Management, 96 EHR 0293, Brunswick County Dear Mr. White: The Director, Division of Coastal Management, has agreed to settle your appeal of Condition (1) of CAMA Major Development Permit No. 27-96 consistent with your discussions with Ed Brooks. The Division of Coastal Management agrees to issue Permit No. 27-96 with Condition (1) rewritten as follows: (1) An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (MHW) and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retaining walls have been approved for construction. Retaining walls must be at or above the coastal wetland line and backfilled such that land contours slope away from adjacent wetlands. Upon receiving amended Permit No. 27-96, you must voluntarily dismiss the Contested Case Petiton filed with the Office of Administrative Hearings on behalf of The Rock Golf Links. Such dismissal will fully and completely close this matter. To settle this matter on these terms, you must sign the Agreement at the end of this letter and return it to me. The Division of Coastal Management will then amend Condition (1) of Permit No. 27-96 as set forth above. Please call me if you have any questions. I thank you for your cooperatio n �lh lai `LMi. I�� ✓ JUN 6j_„996 iw An Equal Opportunity / Affirmative ACtion Employer ,�A �� 2 Yours truly, David G. Heeter Assistant Attorney General AGREEMENT I hereby agree to settle The Rock Golf Links v. Division of Coastal Management, 96 EHR 0293, Brunswick County, upon the issuance of Permit No. 27 96 with Condition (1) amended as set forth in the above letter from David G. Heeter. I further agree that this Agreement shall constitute a Notice of Voluntary Dismissal under Rule 41(a) of the Rules of Civil Procedure, G.S. § 1A-1, upon the filing with the Office of Administrative Hearings by the Division of Coastal Management of a copy of this Agreement and a copy of Amended Permit No. 27-96 signed by me. I understand that Amended Permit No. 27-96 will not become effective until I have signed a copy thereof and returned it to the Division of Coastal Management. R. D White The Rock Golf Links, 4L C P. O. Box 352 Shallotte, NC 28459 (910) 754-2224 cc: Roger Schecter/John Parker Preston Pate Bob Stroud/Ed Brooks Permit Class Permit Number AMENDED 27-96 (by Settlement Agreement) STATE OF:NORTH;CAROLINA Department of EnvironmeAt,Ziealfli'8c Natural Resources o 4.27 X MajorD man=TA1f8reorsa'.' �=o<fEnvironmental �r nvtror1' i-m, entalConcem pursu S Excavd€lir C�A,��• �FFP1�9?96 idant to NCGS 113-229 9 / Issued to The authorizing development in Brunswick Road) as requested in the Jqix"Agreement" dated 5/21/96. This permit, issued on b ^ S= 9 6 i 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 subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This Amended permit revises Condition No. 1 of the original of Permit No. 27-96 issued on February 27, 1996 as follows: (1)An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (NIHV) and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retainine walls have been_aDDroved for construction. Retaining walls must be at or above the coastal wetland line and backftlled such that land contours slope away from adjacent wetlands. 2) This Amended permit must be attached to the original of Permit No. 27-96 and both documents must be readily available on site when a Division representative inspects the project for compliance. All conditions and stipulations of the original permit remain in force under this amendment unless altered herein. . 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 Departmental approval. All work must cease when the permit expires on December 31.1999 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 DEHNR and the Chairman of the Coastal Resources Commission. oger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director July 24, 1996 MEMORANDUM TO: ✓John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Colonel Robert J. Sperberg, District Engineer Army Corps of Engineers, Wilmington District FROM: David Brook Deputy State Historic Preservation Officer SUBJECT: Rock Golf Links Course and Residential Development, R. D. White, SR 1191, Brunswick County, CAMA Permit No. 27-96, ER 96-7197 CAMA permit number 27-96, issued February 27, 1996, to the Rock Golf Links, contained the following conditions regarding archaeological resources. Prior to initiation of ground disturbing construction activities in the immediate vicinity of archaeological site 31 BW574, archaeological testing shall be conducted to determine if the site is eligible for listing in the National Register of Historic Places. If site 31 BW574 is determined eligible for listing in the National Register, and if the site will be adversely affected by proposed construction activities, a detailed impact mitigation plan will be developed and executed. All archaeological investigations shall be conducted under the direction of an experienced archaeologist. Upon completion of the site testing, a written report will be submitted to the North Carolina Division of Archives and History. Any mitigation plans developed for the site must be approved by the Division of Archives and History prior to implementation. We have received a report detailing the results of archaeological testing of site 31 BW574 from Archaeological Research Consultants (ARC). Based on the results of that site testing, ARC determined that site 31 BW574 was not eligible for listing in the National Register of Historic Places. Further, ARC recommended that n 12 additional archaeological investigations were necessary for this site. We c with these findings and hereby provide notice that all archaeological con s A. CAMA permit 27-96 have been satisfactorily met. RECENE� JUL 31 A996 g GUa E4dTt vr, ttFk 109 East Jones Street • Raleigh, North Carolina 27601-2807 -I Parker/Sperberg July 24, 1996, Page 2 The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Richard Kimmel Archaeological Research Consultants DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF July 1, 1996 Regulatory Branch Action ID No. 199601318 and State Permit No. 63-96 Rose Bay Oyster Company ATTN: Mr. Gary B. Mayo Route 1, Box 136-A Swanquarter, North Carolina 27885 Dear Mr. Mayo: Reference your modified application for a Department of the Army (DA) permit to construct a commercial dock and a culverted access road, on property identified as the Rose Bay Oyster Company, located off U.S. Highway 264, adjacent Rose Bay Creek, near Swan Quarter, Hyde County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker D' ision of Coastal Management orth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Terry Moore, District Manager Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889-2188 alit ./�jr %w 1,99S �,v..,.CFAiENP 2_ Division of Coastal Management Application Processing Notes Applicant: (° A V��-r Date/Time: Message: -MIRF"r4 to 191973314 at 05/09/96 01:40p.-�Pg 001/002 Smartcom Fax for Windows Roger Schecter FYOTTI: Preston Pate NC Division of Coastal Mgt. Date: 05/09/96 01• ip ?Akk Pages: 2Message: ,r Give me a call when you have a chance to consider the attached. �1 to 19197331495 . MEMORANDUM: TO: Roger Schecter FROM: Preston Pate at 05/09/96 01:47p Pg 002/002 SUBJECT` Proposed Settlement of Permit Appeal by Rock Golf Links -- Permit #27- 96 DATE: May 9, 1996 Rock Golf Links as issued a CAMA major development permit to con _t a new golf course in Brunswick County adjacent the Shallotte River. The permit w,:, •sued with a condition that "An undisturbed naturally vegetated buffer, not less than thirty i3et in width, will be maintained for the life of the project between the mean high water line (MH W) and all golf course fairways and greens." This condition was intended to protect the adjacent waters from the potential adverse impacts from runoff of chemicals such as fertilizers and herbicides. Mr. R. D. White filed a contested case petition on March 15, 1996 challengir permit condition on the grounds that we have been arbitrary and capricious in . 16,011. 0 Since the petition was filed, Mr. White has submitted information abOC the areas of h•s { i course where he will be unable to comply with the condition because of topograr , proximity to adjacent waters. His survey shows that the project has 16,580 linea, reet of estuarine shoreline. He can comply with the condition in all areas except those along 1,385 feet of shoreline (8.4% of the total shoreline). Most of this is in areas requiring bulkheading for either landscaping or shoreline stabilization. Ed Brooks has met several times with Mr. White to discuss a possible settlement of the appeal. The above information was collected at Ed's advice. Ed has suggested a modified permit condition that should accomplish the intent of the condition as originally v✓orded. It will read "An undisturbed naturally vegetated buffer, not less than thirty feet in width.. will be maintained for the life of the project between the mean high water line (MHW) and all golf course fainvays and preens. This naturallv_vegetated buffer shall not be necessary where 1 recommend that we settle the appeal by agreeing to issue a modified permit. •.,e me a call to discuss. in Parker - Brooks Dave Heeter MICHAEL F. EASLEY ATrORNEY GENERAL Mr. R. D. White The Rock Golf Links P. O. Box 352 Shallotte, NC 28459 0 State of North Carolina Department of Justice P. O. BOX 629 RALEIGH 27602-0629 May 21, 1996 Reply to: David G. Heeter Environmental Division Telephone: (919) 733-7247 Fax:(919) 733-0791 RE: Settlement Agreement - The Rock Golf Links v. Division of Coastal Management, 96 EHR 0293, Brunswick County Dear Mr. White: The Director, Division of Coastal Management, has agreed to settle your appeal of Condition (1) of CAMA Major Development Permit No. 27-96 consistent with your discussions with Ed Brooks. The Division of Coastal Management agrees to issue Permit No. 27-96 with Condition (1) rewritten as follows: (1) An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (MHW) and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retaining walls have been approved for construction. Retaining walls must be at or above the coastal wetland line and backfilled such that land contours slope away from adjacent wetlands. Upon receiving amended Permit No. 27-96, you must voluntarily dismiss the Contested Case Petition filed with the Office of Administrative Hearings on behalf of The Rock Golf Links. Such dismissal will fully and completely close this matter. To settle this matter on these terms, you must sign the Agreement at the end of this letter. and return it to me. The Division of Coastal Management will then amend Condition (1) of Permit No. 27-96 as sec forth above. Please call me if you have any questions. I thank you for your cooperation in this matter. An Equal opportunity / Affirmative Action Employer 4 r State of North Carolina MICHAEL F. EASLEY Department of Justice A7r0RNEY GENERAL P. O. BOX 629 Reply to: Dave Heeter RALEIGH Environmental Division 27602-0629 Telephone: (919) 733-5725 FAX: (919) 733-0791 MEMORANDUM TO: Roger Schecter John Parker FROM: Dave Heeter DATE: May 31, 1996 RE: Settlement of The Rock Golf Links Mr. White has sent me a FAXED copy of the signed Settlement Agreement. As soon as I receive the original, Pll forward it to you. He indicated he is incorporating under the name of The Rock Golf Links, LLC, and expects to receive the Articles of Incorporation from the Secretary of State within the next few days. To avoid some of the problems we have had with Sigma Recycling and friends, I suggested he send you a copy of the Articles of Incorporation so the Permit can be issued in the name of the corporation. An Equal Opportunity / Affirmative Action Employer �� amended as set forth in the'6f 6vc letter firm David G, Heeler, I ilu ther agree t ia- '1� .. i" 0 sliall constitute a Notice of Voluntary Dismissal under Rule 41(a) of the Rules of Civil Procedure, G.S. § 1 A-1, upon the filing with the Office of Administrative Hearings by the Division of Coastal Managemont of a copy of this Agreement and a copy of Amended Permi No. 27-96 signed by me. I understand that Amended Permit No. 27.96 will not become effeel until I have signed a copy thereof and returned it to the Division of Coastal Management. R. D; White 7-he Rook Golf Links P. 0. Box 352 Shallotte, NC 28459 (910)754.2224 cc: Roger Schccter/John Parker Prgg9ri Pate Bob Stroud/Ed Brooks FROM-: ON SHORE REALTY PHONE NO. 910 754 9691 May. +nib=► - .. State of North Carolina UCpartrnont of.lusticu MICliAP_L P. I+ASLOY QnNm+AI. P. O. TiOX 021) Roply to: David 0, neater A-M)TINRY BALEICII nnvironmantal DIVlaien 27602-0620 Tolo 7910)113 1247 rm:(9 9) May21,1996 31 1996 11:24AM P01 Mr. R. D. White The Rock Golf Links P. O. Box 352 Shallotte, NC 29459 rYgt,.n,K{!a�, 4.,n ir.'A;! �J.��;±!:p4i i!'�a7wA:ys^'i+4 iril ..tGa?."°.+ O.S!J': {.I. �,� P•Tl• }vad.ti(�%#,:]HSy. tl. Its:. $etllement Agreement - The Rock Golf Lifilts v.%bivid0' rT 0f'Coastal . Management, 96 21-1110293, Brunswick County Dear Mr, White: The Director, Division of Coastal Management, has agreed to settle your appeal of Condition (1) of CAMA Major Development Permit No. 27-96 consistent with your discus: with Ed 13rooks. 'file Division of Coastal Management agrees to issue permit No. 27-96'with Condit; (1) rewritletl as follows: (1) Ali undisturbed naturally vegetated buffer, not less than thirty feet in wid will be maintained for the life of the project between the mean high water line (MH and all golf course fairways and greens. This naturally vegetated buffer shall not be away om a 'aaenj )wetlands. Upon receiving amended Permit No, 27-96, you must voluntarily dismiss the Conte Case Petition filed with the Office of Administrative Hearings on behalf of The Rock Golf Such dismissal willfully and completely close this matter. To settle this matter on these terms, you must sign the Agreement at the end of this and return it to n1e. The Division of Coastal Management will then amend Condition (1)�01 Permit No, 27-96 as set forth above. Please call me if you have any questions, I thank you for, y6nir cooperation ill this m An liyunl opporntnlly / Affirnnllvo Arson I:rnp1e)18r 2 Yours truly, r'4as David G. Heeter Assistant Attorney General AGREEMENT „ ,. I liergby agre o to settle The Rock Golf Links v. Division of Coastal Management, 96 STATE OF NORTH CAROLIlNTA Department of The Secretary of State To all whom these presents shall come, Greetings: I, Janice H. Faullmer, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF THE ROCK GOLF LINKS, LLC the original of which was filed in this office on the 21st day of May, 1996. 1 IN WITNESS WHEREOF, I have hereunto set my . hand and affixed -my official seal at the City of Raleigh, thi . 21st day of May, 1996. of State ARTICLES OF ORGANIZATION OF 96 1 9 2 10 0 13 THE ROCK GOLF LINKS, LLC iLED MAY 2 ; 19, EFFECTIVE JANICEH.-FAULKNER SECRETARY OF STATE NORTH CAROL L. The undersigned hereby submits these Articles of Organization for the purpose of forming a limited liability company under the laws of the State of North Carolina: 1. The name of the limited liability company is The Rock Golf Links, LLC. 2. The latest date on which the limited liability company is to dissolve is: 31 December 2025. 3. The name and address of each organizer executing these Articles of Organization are: Name: R. D. White, III Jean W. White Address: 884 Copas Road Shallotte, NC 28459 884 Copes Road Shallotte, NC 28459 4. The street address of the initial registered office of the limited liability companv in the State of North Carolina is Brunswick County, 4745 Main Street, Shallotte, North Carolina '28459 ; and the name of its initial registered agent at such address is: R. D. White, III. 5. Except as provided in Section 57C-3-20(a) of the North Carolina General Statutes, the members shall not be managers by virtue of their status as members. 6. To the fullest extent permitted by the North Carolina Limited Liability Company Act as it 'exists or may hereafter be amended, no person who is serving orjwho has served as a manager of the limited liability company shall be personally liable to the limited liability company or any;of its members for monetary damages for breach of duty as a manager. No amendment or repeal -of this article, nor the adoption ofi any provision to these Articles of Organization inconsistent with this article, shall eliminate or reduce the protection granted herein with respect to any matter that occurred prior to such amendment repeal or adoption. i 7. These articles will become effective upon filing. This the 16th day of May,•1996. (SEAL) R. D. WHITE,i III L I�R Cl k• - 1 ( SEAL ) JEAN W. WHITE I I I 1 I 1 Yours truly, David G. Heeter Assistant Attorney General AGREEMENT I hereby agree to settle The Rock Golf Links v. Division of Coastal Management, 96 EHR 0293, Brunswick County, upon the issuance of Permit No. 27-96 with Condition (1) amended as set forth in the above letter from David G. Heeter. I finther agree that this Agreement shall constitute a Notice of Voluntary Dismissal under Rule 41(a) of the Rules of Civil Procedure, G.S. § IA -I. upon the filing with the Office of Administrative Hearings by the Division of Coastal Management of a copy of this Agreement and a copy of Amended Permit No. 27-96 signed by me. I understand that Amended Permit No. 27-96 will not become effective until I have signed a copy thereof and returned it to the Division of Coastal Management. R. D. White The Rock Golf Links P. O. Box 352 Shallotte, NC 28459 (910) 754-2224 cc: Roger Schecteu7ohn Parker Preston Pate Bob Stroud/Ed Brooks MICHAEL F. EASLEY ATTORNEY GENERAL Mr. R. D. White The Rock Golf Links P. 0. Box 352 Shallotte, NC 28459 0 State of North Carolina Department of Justice P. O. BOX 629 RALEIGH 27602-0629 May 21, 1996 C\I� RECEIVE® JUN 41996 N.C. ATTORNEY GENERAL Environmental Division Reply to: David G. Heeter Environmental Division Telephone:(919) 733-7247 Fm: (919) 733-0791 RE: Settlement Agreement • The Rock Golf Links v. Division of Coastal Management, 96 EHR 0293, Brunswick County Dear Mr. White: The Director, Division of Coastal Management, has agreed to settle your appeal of Condition (1) of CAMA Major Development Permit No. 27-96 consistent with your discussions with Ed Brooks. The Division of Coastal Management agrees to issue Permit No. 27-96 with Condition (1) rewritten as follows: (1) An undisturbed naturally vegetated buffer, not less than thirty feet in width, will be maintained for the life of the project between the mean high water line (MHW) a and all golf course fairways and greens. This naturally vegetated buffer shall not be necessary where retaining walls have been approved for construction Retaining walls must be at or above the coastal wetland line and backfilled such that land contours slope away from adjacent wetlands. Upon receiving amended Permit No. 27-96, you must voluntarily dismiss the Contested Case Petition filed with the Office of Administralive Hearings on behalf of The Rock Golf Links. Such dismissal will fully and completely close this matter. To settle this matter on these terms, you must sign the Agreement at the end of this letter and return it to me. The Division of Coastal Management will then amend Condition (1) of Permit No. 27-96 as set forth above. Please call me if you have any questions. I thank you for your h \ t, ETIVIE� Ica] JUPI-6AA996 .. 1'€R':.7.q�i8 An Equal Opportunity Affirmative Action Employer ], ��„a� 49 Yours truly, David G. Heeter Assistant Attorney General AGREEMENT I hereby agree to settle The Rock Golf Links v. Division of Coastal Management, 96 EHR 0293, Brunswick County, upon the issuance of Permit No. 27-96 with Condition (1) amended as set forth in the above letter from David G. Heeter. I further agree that this Agreement shall constitute a Notice of Voluntary Dismissal under Rule 41,(a) of the Rules of Civil Procedure, G.S. § 1A-1, upon the filing with the Office of Administrative Hearings by the Division of Coastal Management of a copy of this Agreement and a copy of Amended Permit No. 27-96 signed by me. I understand that Amended Permit No. 27-96 will not become effective until I have signed a copy thereof and returned it to the Division of Coastal Management. - -�S'✓4 R. D: White The Rock Golf Links / GL c P. O. Box 352 Shallotte, NC 28459 (910)754-2224 cc: Roger Schecter/John Parker Preston Pate Bob Stroud/Ed Brooks State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 24, 1996 Mr. R. D. White c/o Rock Golf Links, LLC P. O. Box 352 Shallotte, NC 28459 Dear Mr. White: EDEHNR The enclosed permit is in keeping with the Settlement Agreement you signed. This permit must be attached to the original. Please -note that the permit includes the name change as requested. It is important that you sign the enclosed permit and the copy and return the copy immediately in order that the Attorney General's office can bring this matter to a close. Very sincerely, Jo �ker Major Permits: Processing Coordinator JRP:jr/aw Enclosure P,O. Box 27687, � W I,.0 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 25, 1996 The Rock Gold Links, LLC c/o Mr. R. D. White P. b. Box 352 Shallotte, NC 28459 Dear Sir: The enclosed permit constitutes authorization under the Coastal AreaManagementAct, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Ifyou objectto the peanit or any ofthe conditions, you may request a hearing pursuantto NCGS 113A-121.1 or 113-229. Yourpetition for ahearingmustbe filed in accordancewithNCGS Chapter 150B withthe Office ofAdminishative Hearings, P.O. Drawer I 1666,RaleighNC 27611, (919) 733-2698 withintwenty(20) days ofthis decision onyourpermit. Youshouldalsobe aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The projectplan is subjectm those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read yourpermit carefully prior to starting work and review all project plans, as approved. Ifyou are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. ^ Very sincerely, Jo� Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. 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