79-05 Minor Mod. 08/2008 Ledbetter, Russell

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r Permit Class Permit dumber �(
r NiODIFICATION/�iINOR 79-05
a STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
f and
Coastal Resources Commission
r
Permit
for
X Major Development in an Area of Environmental Concern Y
pursuant to NCGS 113A-118
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 adi. to the AIWW, 7801 Masonboro Sound
Road. Wilmington , as requested in the permittee's letter dated received in Wilmington on
9/16/08, including the attached work plan drawing (1) dated 1/10/04 and received 6/16/08
This permit, issued on August 8. 2008 , 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.
1) Unless specifically altered herein, this minor modification authorizes additional boatlift to the existing
1 docking facility, all as expressly and specifically set forth in the attached workplan drawings. No other
i additional structures, whether floating or stationary, shall become a permanent part of this facility without
permit modification. No non-water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
2) This minor modification shall be attached to the original Permit No. 79-05, which was issued on 6/3/05 and
both documents shall be readily available on site when Division personnel inspect the project for
compliance.
3) All conditions and stipulations of the active permit remain in force under this minor modification unless
specifically altered herein.
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.
James regson, Director
Any maintenance work or project modification not covered 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
Lthat your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Afflo-NAA
T*.-A.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor James H. Gregson, Director William G.Ross Jr.,Secretary
August 11,2008
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 Xerox stamped "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. 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,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone]\FAX: [phone]\Internet:www.necoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

Permit#__
DCM Coordinator: D.(,00.)^ ,
MAILING DISTRIBUTION
Permitee: Ttdpu// 4klf
Agent:
DCM Field Offices:
Elizabeth City
Morehead City
Washington
ilmingto
US ACOE Offices:
Washington: Raleigh Bland
Scott Jones
William Westcott (NC DOT)
Bill Biddlecome(NC DOT)
Wilmington Dave Timpy
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(WIRO)
Fred Hill(WARO)
Marine Fisheries: Anne Deaton
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: June Michaux
Water Quality: (:2ymdii,
John Hennessy(NC DOT)
Washington: Vivian Christy
ilmington: Ed Beck Swc
Wildlife Resources: aria Dunn(WARO)
Molly Elwood(WIRO)
LPO:
Fax Distribution: Permitee#
Agent#:

78G1 Masofiboro Sound Road/Ledbetter
Subject: 7801 Masonboro Sound Road/Ledbetter
From: Jeremy Humphrey<[e-mail]>
Date: Tue, 17 Jun 2008 15:23:00 -0400
To: [e-mail]
Robb,
I made a site visit today at the Ledbetter property, as well as the Kolling's, next
door. The Kollings currently have 1 boat lift, one wet slip and a lift for two
personal water craft. The Ledbetter's dock consisted of 4 wet slips. Based on my
observations of /existing/ conditions, an additional slip at the Ledbetter property
would not cause a shellfish closure. It should be noted that the distance between
the two docks may be less than 100 feet. In such case, a combined slip count of
greater than 10 slips would cause a shellfish closure.
Jeremy
Jeremy Humphrey<jeremy.humphreyna,ncmail.net>
Environmental Health Specialist
NCDENR-Div.of Environmental Health
Shellfish Sanitation and Recreational Water Quality
1 of 1 6/17/2008 3:23 PM

A47LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management /
Michael F. Easley, Governor James H.Gregson,Director William G. Ross Jr., Secretary
MEMORANDUM /
TO: Doug Huggett
FROM: Robb Mairs KA\_
DCM Field %resentative, Wilmington
THRU: Steven Everhart ,
DCM District Manager, Wilmington JUN 2008
DATE: June 17,2008 Wreheaa +;ity ®CM
SUBJECT: Modification
State Permit No. 79-05,Russell Ledbetter, 7801 Masonboro Sound Road,New Hanover County
Mr. Jimmy North with Coastal Marine Construction and acting agent for Mr. Russell Ledbetter, is requesting a
modification to State Permit No. 79-05,which was originally issued on 6/3/2005 to Mr.Lee Crouch,Jr.through a CRC
Variance Final Order for a private docking facility. State Permit No. 79-05 was transferred to Mr. Russell Ledbetter on
7/11/2005 and is due to expire on 12/31/2008. The action proposed consists of the installation of a boatlift,measuring
approximately 13' in length by 13' in width on the landward side of the authorized"U-shaped"floating dock. The location
of the boatlift would be in an area that was not an authorized slip in approximately—3' @ normal low water(NLW). This
would allow the facility to accommodate an additional slip to a total of five(5)vessels. The agent states that there would
be no additional construction to the existing facility to allow for the installation of the boatlift. The structure would not
encroach into the adjacent riparian corridors 15' setback requirement. Mr.Jeremy Humphrey,Health Specialist with the
N.C.Division of Environmental Health Shellfish Sanitation and Recreational Water Quality has stated in an attached email
that the additional slip under this request would not cause a shellfish closure.
The applicant has submitted check(No. 15850)in the total amount of$100 for the modification. This office has
no objections to modification request for State Permit No. 79-05.
Enclosures
cc:
Dave Timpy,COE
Ann Hines,NH Co.
Jeremy Humphrey, Shellfish Sanitation
Fritz Rohde, DMF
127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845
Phone:[phone]\Fax:[phone]\Internet:http://www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

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I �mmit Ciass Permit Number
RANSFER 79-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission '�" `':°` 'Y''' E L)
JUL .1, r
for
X Major Development in an Area of Environmental Concern
pursuant to NC.GS 113A-118
Excavation an3lor filling pursuant to NCGS 113-229 s
I: ;ued to Russell Ledbetter, 7801 Masonboro Sound Rd.,Wilmington,NC 28409
.t ,1thuriz.ing development in. New Hariover County at adj. to AIWW. 7801 Nlasonboro Sound
>t gad, Wi!min ton _ as requested in the perrnittee's application dated 9i29/03 a 2-ta �o:oa t P-
includir.?attache:.'workplav dr;%wings O . '. aatLd"received" I1,4/04, 1 dated"received" 10/16/03,and I dated"received" 11/4103,
3, ? tis permit, issued on July 111,220fi_ _ , is subject to compliance with the application (where consistent
v th the permit), all applicable reguimicns, special conditions and notes set forth below. Any violation of these terms may
3
�b subject to fines, impriso itrtent or cavil action; or may cause the permit to be null and void.
Docking Facility l
} ) This permit authorizes only the docks, piers, and other structures rid uses located in or over the x
water that are expressly and specifically set forth in the attached permit application and workplan
d:awina. No other structure, whether 1':oating; or stationary, shall become a permanent part of this �
r "S
} 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. l
;) The docking facility and associated structures shall have a minimum setback distance of 15 feet
bettv'een any parts of the structure and the adjacent property owner's riaaria^ access corridor, which x
f is determined by drawing a linz parallel to the Channel, then drawing a line perpendicular to the
chap-net line that intersects with the shore at the point where the upland property line meets the j
water's edge.
(See attached sheets for Additional Conditions)
i ms permi° ac;.ion may be api ealed by the permiuce or _ Signed by the awthority of the Secretary
of ;er qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commi of ssi DENR and the
d. e An appeal requires resolution prior to work initiation or
I cr itinuance as the case ma; be.
[his permit m•.tst be accessible on-sine to Department
pt sonnel when the project :s inspected for compl,ant.e.
Cha es S. Jones, Director
{ fin; maintenance work or project modification. not covered
RECEIVED
of Coastal Management
h� l
•eunder requires further li:visi�.;n aprrcvai. �
Y
.l
all work must cease when the permi(expires on YeW&M1NGd'dr3Nt;1NCare hereby accepted.
JUN 1 6 2008
December 31, 2008
n issuing this permit, the State of North C.aroiina a„tr.es
t .t ye•ur project is consistent with the Noulk Carolina Co ;-J,
N utsgement Program. Signature of Permittee
} x

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F assell Ledbetter Permit#79-05
x Page 2 of 3
ADDITIONAL CONDITIONS
3 The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
c
k 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.
x The authorized covered gazebo shall be single story, and shall not be designed to allow for second story
4 use.
5' No y attempt shall be made by the p permmittee to.prevent the full and free uac by the public of all navigabtt! � •
waters at or adjacent to the authorized work.
6) The authorized structure arr(,, activity shall not cause ail unacceptable interference with
xnavigation.
Y(
i
'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 withCU Flavin; it transferred to a third party.
b) No sewage, whether Create:: or untnrated, s^all be d scharaed at any time from any boats using the
docking faeiIit,. Any sewage ,discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. 'Phis pronib=lion shall be applied and enforced throughout
the entire existence of the permitted structure.
q) This permit doer not authorize the interference wit": any existing or proposed Federal project, and the
perrnittee shall not be entitled to compersat on for damage to the authorized stnrcture or work, or "injury,
which may be caused from exisuna or future operations undertaken by the United Stases in the public
interest.
'r
10 The perm vee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
} Coast Guard, throu;h regulation or otherwi ic, 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.
:r
x 1;; All portions of the fixed access pier located over coastal wetlands shall not exceed a width of 6 ft. and
shall be elevated a m,ntrnum of 3 feet over the marsh substrate �f) froUrn the bottom of the
deckir,a. DCM WILMINGTON, NC
12,, This permit authorizes a maximum of 4 docking spaces. JUN 1 6 2008
13 Due to the proximity o;` the A:WW" boati u ilizing 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 per rnittee
,} shall nor hold the State
e of ?north Carolina or the United States liable for any damage to the structure or
moored boats.
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I ussell Ledbetter Permit#79-05
Page 3 of 3
ADD1110NAL CONDITIONS
General
4) The penritt-ce 1_Mderst,,nds and agrees that, if future operations by the United States requires the
removal, relocatioli, or other alteration of the Str=1.1170 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 ravig-able waters, the perm, ittee 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.- 14.
claim shall be made against the United States or the state of North Carolina on account of any such:,
removal or. alteration.
No vegetated wetlands or open water areas shi-11' be excavated or filled, even temporarily.
L
The authorized project is located -within a prunary nursery area (PNA). Therefore, in accordance with
'1715A.07H.0209 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be perrnilc:6. Dred-ing in any manner, including "kicking'' with boat propePers, is
not autho.-ized- This prohibition shall be applied and enfe.-ced throughout the entire existence of thepermitted structure.
N )TE: This permit does not eliminate the need to obtain any additional state, federal or local per-rifts,
approvals or authorizations that may be required.
N )TE: Future devt1opmen, of the p�rmittee's property nnay require a modification of this permit.
Contact a representative of t.he Division at (910) 7796-7215 prior to the commencement of any
such activity for this determination. The peiTr,;*1e1- is further advised that many non-water
x.
deperident activ,,ties are not authorized %,ithin 30 feet of the normal high water level.
N; )TE: The N.C. Divisior, of Quality has assigned the proposed project DWQ Project No, 04-
01—;
)TE: The U S. Army Corps of Engineers atthorized the proposed project Linder General Perrni t No.
107 800056 (COE Action Id, No. 2004,003521), which was issued on 2/17/04.
RECEIVED
DCM WILMINGTON, NC
JUN 1 6 2008

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RECEIVED
DCM WILMINGTON, NC
JUN 1 6 2008
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