79-05 TX 07/2005 Ledbetter, Russell

FPermitClass it Number
SFER 7Q5
STATE OF NORTH CAROLINA � ��,
Department of Environment and Natural Resources O
and
Coastal Resources Commission gyp' s
Permit
CORY31
for a
X Major Development in an Area of Environmental Concern0�
pursuant to NCGS I I3A-118 0
Excavation and/or filling pursuant to NCGS 113-229
Issued to Russell Ledbetter, 7801 Masonboro Sound Rd., Wilmington,NC 28409
Authorizing development in New Hanover County at adj. to AIWW, 7801 Masonboro Sound
Road, Wilmington , as requested in the permittee's application dated 9/29/03(MP-1), and 1110/04(MP-
4),including attached workplan drawings(3), 1 dated"received" 1/14/04, 1 dated"received" 10/16/03,and 1 dated"received" 11/4/03.
This permit, issued on_July 11,2005 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking 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 attached permit application and workplan
drawing. No other structure, whether floating or stationary, shall 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 docking facility 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 Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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 V�/
personnel when the project is inspected for compliance. ,
Chai&s S. Jones; Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval. g
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008
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

Russell Ledbetter Permit#79-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and shall 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 authorized covered gazebo shall be single story, and shall not be designed to allow for second story
use.
5) No attempt shall 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.
6) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
7) The permittee shall 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.
8) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall 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.
10 The permittee shall install and maintain at his expense an signal lights or signals prescribed by the U.S.
p P Y g o o
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
11) All portions of the fixed access pier located over coastal wetlands shall not exceed a width of 6 ft. and
shall be elevated a minimum of 3 feet over the marsh substrate as measured from the bottom of the
decking.
12) This permit authorizes a maximum of 4 docking spaces.
13) Due to the proximity of the AIWW, boats utilizing the docking facility may be subject to frequent
wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking
all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee
shall not hold the State of North Carolina or the United States liable for any damage to the structure or
} moored boats.

Russell Ledbetter Permit#79-05
Page 3 of 3
ADDITIONAL CONDITIONS
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 shall 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 North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
15) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
16) 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.
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 [phone] 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 N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 04-
0135.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200400352), which was issued on 2/17/04.
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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
July 11,2005
Mr. Russell Ledbetter
7801 Masonboro Sound Road
Wilmington,NC 28409
Dear Mr. Ledbetter:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. 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. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be 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 project plan is subject to 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 your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is 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.
Sincerely,
f
to
g as V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

Permit #
DCM Coordinator:
MAILING DISTRIBUTION: pp -I
Permitee:A,��
Agent:
DCM Field Offices:
Elizabeth Ci
orehead Ci
Washin2lon
ilmingto
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmingto Davy, espyIvCDO( )
enry Wic e
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Terry Pierce
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
Water Quality: Cyndi Karoly(for non-DOT)
John Hennessy(NCDOT)
Water Resources: John Sutherland
Wildlife Resources: Maria Tripp
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAN,IA Major Permit Process Manual Page 70 of 70

M 'r
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Permit Class Permit Number
NEW 79-05
(By CRC Variance) STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ikrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Lee Crouch,Jr.,P.O.Box 505,Wrightsville Beach,NC,28480
Authorizing development in New Hanover County at adj. to AIWW, 7801 Masonboro Sound
Road. Wilmington , as requested in the permittee's application dated 9/29/03 rMP-u. and 1/10/04(MP-
4),including attached workplan drawings(3), 1 dated"received" 1/14/04, 1 dated"received"10/16/03,and 1 dated"received"11/4/03.
This permit, issued on .Tune 3, 2005 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void..
Docking 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 attached permit application and workplan
drawing. No other structure, whether floating or stationary, shall 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 docking facility 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 Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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 Charles S. Jones, Director
Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Silgnature of Permittee

� M
Lee Crouch,Jr. Permit#79-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and shall 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 authorized covered gazebo shall be single story, and shall not be designed to allow for second story
use.
5) No attempt shall 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.
6) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
7) The permittee shall 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.
8) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall 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.
10) The permittee shall 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 shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
11) All portions of the fixed access pier located over coastal wetlands shall not exceed a width of 6 ft. and
shall be elevated a minimum of 3 feet over the marsh substrate as measured from the bottom of the
decking.
12) This permit authorizes a maximum of 4 docking spaces.
13 Due to the proximity of the AlWW, boats utilizing the docking facility may be subject to frequent
P Y b b Y Y J q
wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking
all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee
shall not hold the State of North Carolina or the United States liable for any damage to the structure or
moored boats.

F14)
ouch Jr. Permit#79-05
Page 3 of 3
ADDITIONAL CONDITIONS
General
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 shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or x
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such'
removal or alteration.
15) No vegetated wetlands or open water areas may be excavated or filled, even temporarily.
16) 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.
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 [phone] 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 N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 04-
0135.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200400352), which was issued on 2/17/04.
rC-0-0trOCOGOC-04}Q-t}., 7i}i4}q{qp.p.�.�p.}Od')'>i�.�71�}OJ�.i}}pt}hti}}JM14\4`Y}0.)-0-.'t4h^�".K�Ja�X-0.4^}1}.}�y4'w�QtiCQ4°'Y

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 27, 2005
Regulatory Division
Action ID No. 200400352 and State Permit No. 79-05
Mr. Russell Ledbetter JUL 2 9 2005
7801 Masonboro Sound Rd.
Wilmington, North Carolina 28409 Morehead pity DCM
Dear Mr. Ledbetter:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to transfer Lee Crouch Department of the Army (DA)permit which was
issued on June 3, 2005 to Russell Ledbetter. This permit authorized a private docking facility
located at Masonboro Sound Road, adjacent to the Atlantic Intracoastal Waterway and
Masonboro Sound, Wilmington, Hanover County,North Carolina.
The proposal continues to be consistent with the provisions and objectives of general
permit No. 197800056. The permit is hereby transferred. It is understood that all other
conditions of your permit remain applicable and will expire December 31, 2010. (copy
enclosed).
If you have any questions or comments you may call me at(910) 251-4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure

Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City,NC 28557-3421
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
2

A�
� ' �
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
MEMORANDUM
TO: Doug Huggett
DCM- Majo/Per its JULFROM: Robb MairsDCM-Wilm NiOrShOW QtY 0CM
THRU: Jim Gregs
DCM Wilmingt
RE: Permit Transfer-CAMA Permit#79-05
Lee Crouch, Jr.
New Hanover County
DATE: June 29, 2005
Mr. Jimmy North, acting agent for Mr. Lee Crouch, Jr., is requesting a transfer of Permit #79-05 to Mr. Russell
Ledbetter. State Permit#79-05 was issued to Lee Crouch, Jr. on June 3, 2005 for a private docking facility located at 7801
Masonboro Sound Road, Wilmington,N.C.,New Hanover County. The permit is set to expire on December 31, 2008.
Mr.North states that the transferred permit will be used for the purposes for which it was issued;that there will be no
change in the conditions, circumstances, or facts affecting the project.
The agent has submitted a check(ck.# 13449)in the amount of$100.00 for the transfer request,as well as a copy of the
deed to the property.
This Office has no objection to the permit transfer request.
Enclosures
cc: WiRO files
Doug Huggett
Henry Wicker
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

MAY-06-2005 14: 13 From: To:4 P.2
a
6
STATE OF NORTI I ('AltOI-INA BEFORE TFiE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY 01" NEW I-IANOVI;R CRC VR 04-09
IN`f i,iE MATTEIt OP: )
PI-"1'ITION FOR VARIANCE ) FINAL ORDER
BY LEE CROUCH, JR, 1
This matter was heard on oral anjumcnts and stipulated facts at the regularly scheduled
meeti w,of the Nordi.Caro,lhaa Coastal Resources Commission fhereinatter CRC)on June.24.2004:
in Greenville,North Carolina pursuant to N.C.G.S, S 1 13A-120,1 and T I SA NCAC 9,1.0700,et sea,
Assistant Attomev General Christine A. Goebel armcared for the Dcoartment of Environment and
Natural Resources, ©ivision of Coastal Management. W.A. Raney, Jr. apoeared on behalf of
Petitioner Lee Cmi.ich. Jr
Unon consideration of the record documents and the arqurnents of the parties, the C,RC.
adapts the following-
.qTTPT MATED FA r'TC
l 'Petitioners W, Lee r."rottch Tr Anil wife. MelindA (Touch Fire the nwnerc of a trait of Innri
located at 7801 Masonboro Sound Road in Wilmineton, New Hanover raunty. They
nurchased the'lot in 1995 and the lot is approximately7.9 iicreq,
2. The property extends from Mainnhoro Sound Road to the waters of Masonhorn Sntmri.
between Hewlett's Creek and Whiskev Creek. The Atlantic tntercoastal WAterwny lims
between the nronerty And Mncnnhnm Tclnnri
3. The Armv romc of FnainPPrg'(Af'r)F) Rol sethArk line from the AtlAntir Tnt0-M,,r,netA1
Waterwav Channel is about 450 feet east of the hieh water mark(hwm)of the Pmnerty The
width of the water bodv adiaeent to the lot.as measured from the waterwArd rrlan of rnflosl

�K P. 01
�c TRANSACTION REPORT
�c MAY-06-2005 FRI 02:26 PM
RECEIVE
DATE START SENDER RX TIME PAGES TYPE NOTE M# DP
MAY-06 02:24 PM 1' 06" 3 RECEIVE COM E-10

MAY-06-2005 14: 15 From: To:4 P.1
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date• ���os No. Of'Pr%rVace
To: • OU 'e From: TZo l��i s
CO: G CO: bG kt
FAX#-.-75Z . 01, 3942 FAX#: 910- 9S�
:R,ENL4RKS:
ge,�-e,
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127 Cardinal Drive Extension,Wllmingen,N.C.23405.3845 Teiephonc(910)3955.3900 fax(91Q)350.2004
An C,jaal Opportunity Affirmative Action Employer

MAY-06-2005 14:15 From: To:4 P.2
.i
i
! STATE 01" NORTI I CAROLINA BEFORE THE NORT14 CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF NEW HANOVER CRC VR 04-09
IN`n-m MATTER or.: )
Pc.'1'ITION FOR VARIANCE ) f'tNAL 4RQf R
BY I.CE CROUCHAR.
This maticr was licanl on oral arguments and stipulated facts at the reutularly scheduled
nicet'i nw,o f the.North.Carolina.Coastal.Resources Commission.(hcreinaRer CRC)on June-24,2004,
in Greenville,North Curolina vursuant to N.C.G.S.,5 I I3A-I 20.1 and T I SA NCAC 7.1'.0700.et seo.
.Assistant Attornev General Christine A.Goebel appeared for the Devartment of Environment and
Naturnl Resources, Division of Coastal Management: W.A. Raney. Jr. appeared on behalf of
Petitinner r,ee Crouch_ .Ir
Upon consideration of the record documents and the ar¢uments of the varties, the CRC
adoors the following:
STTPTTVATFn FArT,C
1 Petitinnem W I-e-e (''mach Tr And wife: Mrlineim Crouch are the nwnera of A tmrt of land
located at 7801 Masonboro Sound Road in Wilmington. New Hanover County. They
ourchased the lot in 1995 and the lot is annrox imatelV 7.9'acres.
2. The oroverty extends from Mesonhnro Sound Road to the waters of MAsnnhnm Sound.
between Hewlett's Creek and Whiskev Creek.. The Atlantic TntercnastAl Wa.re.-rwav Iir,S
between the nrnncrty Anrl Mnennhnm Tclnnd
3_ The Armv rnrnc of PnoineerOfArOlz) RAI cethAek line f:Mrn th,A Atlnntir TnternnACtAI
Waterwav Channel is about 4S0 feat east of the hieh water mark(hwm)of the PrnneMv Thn
width of the water bodv adincent to the Int. as measured from the waterworn orlon nfenastAl

MAY-06-2005 14: 15 From: To:4 P.3
wQ11t10LIS VegCtlltioil Un c:aCh SILK, 1$ iit►hrnxilnstcly 912 root.
a. The water depth within putitioncrIs riparian corridor runbes from 0'mean low water(mlw)
to -T al the landward edge of the proposed flouting docks,
5, The water depth of the outer edge of the proposed docks is •4' mlw.
6. A sandbur with depths of-I,$' m1w to -1.8' mlw exists across the entire riparian corridor at
a distance orabout 220 feet too 250 feet from 1,,- waterward side oFthe coastal wetland
vegetation
7, The waters within the project area have been classified Primary Nursery Areas by the
Division of Marine Fisheries,
8. The proposed development is located in Estuarine Waters and Public Trust Waters Areas of
Environmental Concern (AFC's).
9. By application dated January 10, 2004, Petitioner applied for a CAMA Major Permit to
construct a 6' by 328' pier, a 3' by 16' ramp, two 6' by 32' floating docks, one 6' by 30'
floating dock,a 14'by 16'platform,and four 14'by 14'boat lifts. The Estuarine Waters and
Public Trust areas affected by the structures would be about 2442 square feet, Petitioner
proposed the maximum length of the pier to be 328 feet from the watetward edge of the
coastal wetlands vegetation into the waters of Masonboro Sound. This would place the
waterward end of the Structure at or near the western edge of the ACO.E 1000 foot:R.ieht of
Way line, and about 119 feet from the 80 foot channel buffer established by the ACOE.
10, The permit was denied on March 31,2004, The proposed structures could not be approved
because they do not meet the one-fourth rule of 7H .0208 (b)(6)(J)(iii). The one-third
excention within this Section does not annly as the oronosed structure is not within 200 feet

MAY-06-2005 14: 15 From: To:4 P.4
of lonyur piers to each side,and the prodwsud Ienoth is longor than one-third the width. The
prullusal Llucs not violate hums (1) and (ii) ol'thc section.
11. If the pier were limited in Inngth to onc•fourth of the width of the water body, the docks
would not be uscful for their intended purpose ol-providing access to navigable waters by
deeper draft watercraft during a significant portion of the tidal cycle.
12. Additionally,ifthd pier length were limited to one-fourth ofthc width of the water body,the
three floating docks would rest on the shallow bottom during much of the tidal cycle.
11 The North Carolina Division of Marine Fisheries is of the opinion that, if the proposed
structure is limited to 233 feet in length, following the one-fourth rule, the structure would
have significant adverse affect on the local Primary Nursery Area resources and would
recommend denial of a permit for such a project. This is due to the floating docks resting
on the bottom. They have no objection to the project as proposed with the 328 foot pier.
1.4. To the south, there are two piers approximately 700 Feet and 1100 feet away, They extend
to approximately one-third the width of the water body. They would be similar to the
proposed pier in relation to the ACOE's 80'channel setback.
15, Adjacent riparian property owners,given notice through the permit process,had no obiection
to the proposal.
16. Petitioner filed this variance request on May 25,2004,seeking relief from application of the
one-quarter rule in I SA NCAC 7H ,0208(b)(6)(Niii), Petitioner seeks permission to build
out to 328 feet, approximately 35% across the width of the water body,

MAY-06-2005 14: 16 From: To:4 P.5
r
4
QQLQ.W IONS Or L,6 W
I. The CRC has jurisdiction over the parties and the subject mutter.
2. The partics have been correctly designated and thcrc is no question of misjoinder or
nonjoinder orpartics.
I All notices for the proceeding were adequate and proper.
4. The Petitioner has demonstrated that strict application of Rule 15A NCAC 7H .0208
to his permit applications will result in unnecessary hardship. The Petitioner's variance request
materials and the staff recommendation are incorporated by reference as support for this conclusion.
5. The Petitioner has demonstrated that his hardship result from conditions peculiar to
Petitioner's property. The Petitioner's variance request materials and the staff recommendation
are incorporated by reference as support for this conclusion.
6. The Petitioner has demonstrated that his hardship does not result From actions he has
taken. The Petitioner's variance request materials and the staff recommendation are incorporated
by reference as support for this conclusion.
7. The Petitioner has demonstrated that his proposed development is within the spirt,
purpose and intent of the Commission's rules;that it will secure public safety and welfare; and that
it will preserve substantial justice. The Petitioner's variance request materials and the staff
recommendation are incorporated by reference as support for this conclusion.
ORA1.9
THEREFORE, the variance from TISA NCAC 7H .0208 is GRANTF.D as proposed in
Petitioner's variance request.

MAY-06-2005 14:16 From: To:4 P.6
0
This is to ccrlily that I have caused the foregoing Finul Order to be served upon the parties
in the manner indicawd below.
Lee Crouch,Jr. CERTIFIED MAIL, RETURN RECEIPT REQUESTED
P () Box 505
Wrightsville Beach, NC 28480
W.A. Raney, Jr, US MAIL
Wessell & Raney, LLP
107.8 N. Second Street
Wilmington. NC 28401
Christine Goebel Hand Delivery
Assistant Attorney General
N.C. Department of Justice
This the__n day of June,2004.
juk 8 h4wd�
Ji , Hickey .
SlVcial Deputy Attorney Gene
N.C.Department of Justice
9001 Mail Service Center
Raleigh,NC 27699-9001
[phone]
Counsel to the Commission

MAY-06-2005 14:16 From: To:4 P•7
5
nic granting ol'this variance request dous not relieve Petitioner of the responsibility fur
uhtamins a LAMA permit Pram the proper permiuins authority..
This the .11'r'"day ol'June, 2004.
Courtney Hackney, Vice Chairman
Coastal Resources Commission

MAY-06-2005 14: 13 From: To:4 P. 1
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: la f No. Of Pages:
To: o� u �r1 Fro me l �
\ CO: CO. M
FAX #:__ . '2 zK , 3 0 FAX; : 910-395 !zbel
RE, MA.RKS: or
1:7 Cardinal Drive Extension,Wilmington,N..C.2B405.3849 Telephone[phone] Fax[phone]
An Equal Opportunity AlIrmncive Aetlon Employer

06/15/2005 12:50 FAX [phone] BSI C- Uuz
ON
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-,�-�° Illf�lll�ll�lil Il�lll�ll�llllllll�lllll�i!!V
2004091990
FOR r+EGISTRRTIGN n0 REGISTER OF tk
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2004 SEP�1g c 03 31 PM
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ARRVI ar 2Qp 199�
Y DEE
TAX PARCEL NUMBER: R06700-002-073-000
GRANTEE'S ADDRESS: Russell H.LedbEttFsed by:Brock,Scott&Ingersoll,PLLC,
Retum to: Artom s at Law
591 0 Bander Dr.,
I n,
NU 2H4U3---
PREPAREDBY. MARSHALL,WILLIAMS k li,LLP
P. O.Drawer 2088,Wilmington,NC 28402
BRIEF DESCREMON. Tract B,Eleanor Hervey Division
RECEIVED
STATE OF NORTH CAROLINA H I M 2 0 2005
WARRAIYTl'DEED
COUNTY OF NEW HANOVER
THIS DEED,made and entered into this day of September,2004,by and between.
WALTER LEE CROUCH, XL and wife, MELINDA IL CROUCH, hereinafter called
GRANTOR,and RUSSELL EL LEDBETTER,hereinafter called GRANTEE(the designations
Grantor and Grantee as used herein shall include said parties and their heirs,successors,and assigns,
and shall include singular,plural,mas lin@��,feminine,or neuter,as required by context).
ll sc�k PF.tt!�or�Y�ol o 5our� R�, u i(rn 1 lc z 8y sxJ
MOMSSETH:
The GRANTOR,for a valuable consideration paid by the GRANTEE,the receiptofwhich is
hereby acknowledged, has and by these presents does grant,bargain, sell, and convey unto the
GRANTEE in fee simple, all that certain real property looted in the City of Wilmington,New
Hanover County,North Carolina,and more particularly described on EXHIBIT A—PROPERTY
DESCRIPTION attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the above granted and described property, together with a]I
privileges, easements, tenements and appurtenances thereto belonging,to the GRANTEE in fee
simple.
And the GRANTOR covenants with the GRANTEE,that the GRANTOR is seized of the
premises in fee simple,has the right to convey the same in fee simple,that title is marketable and
free and clear ofall encumbrances,and that GRANTOR will warrant and defend thetide againAthe
lawful claims of all persons whomsoever,except for the exceptions hereinafter stated. Title to the
property hereinabove described is subject to the following exceptions:
1

06/15/2005 12:50 FAX [phone] BSI 10003
1. Ad valorem taxes for the year 2004 and subsequent years;
2. Utility easements and street rights-of-way of record;
3. Applicable restrictive covenants of record;and
4. Local,county,state,and federal government laws and regulations relative to
zoning,subdivision,occupancy,use,construction,and development of the
subject property.
IN TESTIMONY WHEREOF,the GRANTOR has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board ofDirectors,the day and year
first above written.
---Z/la,& j���&' (SEAL)
WALTER LEE OUCH,JR.
(SFAL)
MELINDA FL CkOUCH
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
X m 1 k(e fl• ,a Notary Public of the County and State aforesaid,do certify
that Walter Lee Crouch,Jr.and wife,Melinda H.Craudy personally appeared before me this
day and acknowledged the due execution of the foregoing insbument.
Witness my hand and official stamp or seal,this a7 t day of September,2004.
y$
\
? � Notary Public
z z+ KC 2e
: �ti.• My Commission Expires:
'����U4rN•••a
RECEIVED
DCM WILMINGTON, NC
JUN 2 0 2005
2

06/15/2005 12:50 FAX [phone] BSI Z004
ROPERTY DESCR�PTIO
Being all of that certain parcel of land uh-ted,lying and being in the city of wdraington,
New Hanover County,North Carolina,and more particularly described as follows:
Being all of Tract B as shown on plat recorded in Map Boom 35,
at Page 138, in the office of the Register of Deeds of New
Hanover County, North Carolina, to which plat reference is
hereby made for a more particular description of same.
TOGl?TM WnU AND SUBJECT TO all of the terms and
provisions of that certain Emmeit.Agtemreot between Kemp P.
KoUmg and wife,Mary A. Kolling,and Walter Lee Crouch, Jr. and
wife, Melinda H. Crouch, dated August 5, 2004, and mcorded
August A 20K in Book 4467, Page 193, in the New Hanover
Canty Registry.
RECE�vED
' pCM WI�M�NGTON
,NC
��N 2 0 2045