HomeMy WebLinkAbout04-05 Minor Mod. 04/2006 Wright, Derek & Sarah Permit Class Permit Number
MODIFICATION/N HNOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resourc�f 9p� '
and or�,S�v
2 0 Z00
Coastal Resources Commission C O 6
i3ermt"t o
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 Derek and Sarah Wright,5A E. Atlanta Street, Wrightsville Beach,NC 28480
Authorizing development in New Hanover _County at adj. to Hewlett's Creek, at 7227 NoName
Road. Wilmington, NC , as requested in the permittee's letter dated 12/5/05, including the
attached workplan drawing (1), dated 12/10/04
This permit, issued on April 3, 2006 , 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 the following activities, all as
depicted on the attached workplan drawing:
a. A change in the approved alignment as depicted on the attached workplan drawings.
2) In accordance with commitments made by the permittee, and in order to ensure compliance with the
Rules of the Coastal Resources Commission:
a a. the 14' X 16' platform located approximately t/2 the distance of the pier shall be replaced with
a maximum 6' wide walkway with steps leading to uplands.
b. The 14' X 16' platform at the waterward end of the pier shall be deleted.
A
•Sr
1'
(See attached sheet 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. �-yV
j Charles S. Jones, Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. Division of Coastal Management
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
Derek and Sarah Wright Permit#4-05
D 5
Page 2 of 2
{
ADDITIONAL CONDITIONS
3) This minor modification shall be attached to the original of Permit No. 4-05, which was issued on 1/11/05,
and copies of both documents shall be readily available on site when Division personnel inspect the
project for compliance.
4) All conditions and stipulations of the active permit remain in force under this minor modification unless
specifically altered herein.
ILL
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Ak7rQ*1A?FA
RCDENR
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
April 3, 2006
Derek and Sarah Wright
5A East Atlanta Street
Wrightsville Beach, NC 28480
Dear Mr. & Mrs. Wright:
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, (919) 733-2698 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,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
Permit 0_ - 09
DCM Coordinator:- / owe
MAILING DTSTIt(B•(J'TIOy:,
Permitee: -Q-r „� +�a _.wr .
Agent.: --
DCM Field Offices:
Elizabeth City
orehead Cit
as n ton
min t
US Army Corps of Engineers(USAGE):.
Washington: Mike Bell(NCI)0T)`
Bill Biddleeome(NCDOT)
Raleigh Bland.
Wilmington: Dave Timpy(NCDO
enry icker '
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Terry Pierce
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Jo h Pienderso —__
Water Quality:
John ennessy(NCDO
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) 2 .:. .:
CAlV1A Major Permit Process Manual Page 70 of 70
Re: Derek and Sarah Wright
Subject: Re: Derek and Sarah Wright `
From: Robb Mairs <Robb.Mairs@ncmail.net>
Date: Fri, 31 Mar 2006 08:55:19 -0500
To: Jonathan Howell <Jonathan.Howell@ncmail.net>
jonathan, i spoke to the contractor and he said they are fine with it for now, but
may pursue a variance for the sun deck down the road. thanks for your help.
robb
Jonathan Howell wrote:
Robb, Let me know when you talk to -the applicant and if they are OK with the 6
foot access pier going to the floating dock.- Thanks.
Jonathan
Robb Mairs, Field Representative
*NC Division of Coastal Management <http://www.nccoastalmanagement.net/>*
127 Cardinal Drive
Wilmington, NC 28405-3845
(910) 796-7291 Fax: (910) 350-2004
Toll Free: 1-888-912-CAMA
1 of 1 3/31/2006 10:30 AM
Aria
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 - i z-06
Permits Section
FROM: Robb Mairs
Field Repre PenTative, Wilmington _�.
THRU: Jim Gregson,
District Manager, Wilmington
DATE: January 6, 2006
Morelhea`13 y L)CM
SUBJECT: Permit Modification Request
CAMA Major Permit No. 4-05
Derek & Sarah Wright
New Hanover County
Mr. Michael Conard, acting agent for Derek and Sarah Wright, is requesting a minor modification of State
Permit No. 4-05. State Permit No. 4-05 was issued to Derek & Sarah Wright on January 11, 2005 through the CAMA
Major Development Permit Express Program for a pier and docking facility located at their property at 7227 No Name
Road, adjacent to Hewlett's Creek, in New Hanover County. State Permit No. 4-05 is due to expire on December 31,
2008.
Mr. Conard is requesting that the permit be modified to allow for the realignment of the permitted pier and
docking facility. Realignment would result in moving the permitted pier and docking facility slightly east of the high
ground area (Goat Island), which was initially used as a walking path between the two piers through the existing permit.
Realignment off the island would result in the increase of the pier length from 428' to 536'. A 14'x 16' elevated
platform with steps towards Goat Island would be constructed halfway between the new alignment to allow for a
turnaround area for golf carts, bikes, etc. Besides realignment, the agent doesn't indicate any modifications to the
original docking facility at this time
The applicant has submitted a check (ck. # 5873) in the amount of$100.00 for the modification request.
This Office has no objection to the permit modification request.
Enclosures
cc: Wilmington Files
Fritz Rohde, DMF
Henry Wicker, ACOE
127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845
Phone:910-796-7215\Fax:910-395-3964\Internet:http://www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
Jan Q3 06 03: 52p M. Green 910-509-0707 p. 1
MICHAEL A. GREEN, P.c.
ATTORNEY AND COuNSELOR AT LAiv FAX TRANSMISSION
Business Law and Strategic Planning
1908 EASTWOOD ROAD,SUITE 217 CONFIDENTIAL
WIL iN:GTON,NORTH CAROLINA 28403 FOR EYES OF ADDRESSEE ONLY
Voice 910.509.9966 Fax 910.509.0707
TO, Carolina Marine CAMA//ATTN: Robb Maris
FAX NUMBER: 794.9909 395,3964
FROM., Law office of Michael A. Green
SUBJECT: Derek Wright -- "No Name Road Project"
DATE: 1/3/2006 3:41 PM
NUMBER OF PAGES INCLUDING THIS PAGE:
COMA UM/MESSAGn
Attached for your information and action as appropriate is a copy of the
Agreement entered by the Wrights and certain of their neighbors. This
agreement effectively suspends all activities in the contested case matter
regarding CAMA Permit 4-05.
Please consider the agreement as sufficient ground for your action to approve
the revised design for the Wright project.
Your comments and questions are welcome.
THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL AND INTENDED SOLELY FOR TIE USE OF T"-IE NAMED
RECIPIENT. THE SENDER IS NOT LIABLE FOR ANY UNAUTHORIZED DIS1RIBl TION OF THIS INFORMATION BY ANY RECIPIENT. Jr-YOU HAVE
RECEIVED THIS COMMUNICATION 1N ERROR.PLEASE CALL COLLECT 910.509.9966 IMMEDIATELY AND RETI:RN THE ORIGINAL MESSAGE BY
MAIL TO THE ADDRESS SHOWN ABOVE. WE WILL REIMBURSE YOUR COSTS, THANK YOU.
;CAROUNA MARINE CONSTRUCTION Inc.
3600-E South College Rd. PMB:326 Wilmington,NC 28412 910-793-4143 fax 794-9909
December 5, 2005
To: CAMA
Attn: Rob Mairs
Re: Wright/No Name Rd. project
Rob:
As per our conversation on Tuesday,Nov 15m,I would like to request a modification to
Derek& Sarah Wright's major permit#4-05. The change that we would like to request is
to realign the first section of pier slightly to the east of Goat Island. At this point,
approximately an additional 108' of pier would be required to eliminate Goat Island as a
walking path. Access would be limited to a turn around(for golf carts,bikes, etc.)and a
set of steps. The pier would run to the east of Goat Island and terminate approximately
75' to the east of its original position(as per enclosed plans). We are requesting this
modification in order to reach a solution to the neighbor's concerns over the pier. If you
have any questions or concerns,please don't hesitate to call me on my cell at 470-6610 or
the office 793-4143.
Thanks,
Michael Conard
CAROLINA MARINE CONSTRUCTION Inc.
3600-E South College Rd. PMB:326 Wilmington,NC 28412 910-793-4143 fax 794-9909
December 5,2005
To: CAMA
Attn: Rob Mairs
Re: Wright& Whitford projects
Rob:
Enclosed is the letter requesting the modification on Derek Wright's permit and the
drawing along with a check.. It has taken a while for everyone to finally reach an
agreement, but here it is.
I have also enclosed a check to renew Rick Whitford's permit again. His attorney has
now suggested for us to wait until the hearing to get started. It is scheduled for the first
part of January. Could you please fax the new permit to me at 794-9909 if at all
possible? If you have any questions or concerns, please don't hesitate to call me on my
cell at 470-6610 or the office 793-4143.
Thanks,
Michael Conard
P.S. Waiting on signatures for Goldfarve's permit (pier/floater) on Whiskey Creek.
When I receive them I will get them to you a.s.a.p.
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Jan 03 06 03: 52p M. Green 910-509-0707 p. 2
STATE OF NORTH CAROLINA AGREEMENT
NEW HANOVER
This Agreement mace as o= the :2 154e' day of October, 2005
between DEREK WRIGHT and wife, SARA S. WRIGHT (Wr-ghts or Pe=mittees) ;
and JOHN L. HARSHBARGER, JANE HARSHBARGER, JOHN C. BULLOCK, JR. and
JEAN H. BULLOCK (Petitioners) .
W I T N E S S E T H
WHEREAS, the Wrights have been granted a Coastal Area
Management Act (LAMA) permit by the North Carolina Division of Goastal
Management (DCM) to construct a pier from their property at 7227 No
Name Road, Wilmington, North Caro-ina to the waters of Hewlett ' s
Creek, designated as CAMP_ Permit 4-05; and
WHEREAS, the Petitioners filed a third party hearing request
under G. S. 113A-121. 1 and were granted permiss-on to contest the LAMA
permit in an administrative hearing before the North Carolina Office
of Administrative Hearings (OAH) ; and
WHEREAS, the Petitioners filed a contested case petition in
OAH, file # 05 EHR 0353; and
WHEREAS, the contested case hearing is pending; and
WHEREAS, the Petitioners are wil-ing to withdraw their
hearing request and terminate the hearing upon a redesign of the pier
and a modification of zhe pier permit; and
WHEREAS, the Wrights are willing to redesign the pier and
Leek a permit modficatior_ for the new design.
NOW THEREFORE the parties agree as follows:
1 . The Wrights agree to redesign their proposed pier by
realigning the pier in accordance with the clans attached as Exhibit
"A" . -
2 . The Wrights will prepare a CAMA permit -codification
request showing the realigned pier and rela:ed structures in
accordance with Exhibit "A", and will submit =he modification to DCM
for approval_
Jan 03 06 03: 52p M. Green 910-509-0707 p. 3
3. The Petitioners will deposit $5, 000 in the trust
account of Wessell & Raney to be paid to the Wrights upon the approval
of the modification of the LAMA permit in accordance with 1 above and
the beginning of construction of the pier under the _nodifieu permit .
4 . Upon receipt by the Wrigh=s of a modified permit in
accordance with the realignment specified in 1 above, the Petitioners
will withdraw their petition for a contes-ed case in the North
Carolina Office of Administrative Hearings.
5 . The Wrights agree not to seek any further modification
of the pier permit that would alter the alignment of the pier as set
forth in 1 above to the west unless first approved by the Petitioners:
The Petitioners have no objection to a realignment of the pier to move
it to the east.
Signed this l day of October, 2005.
William A. Raney, Jr.
Attorney for Pe-:itioner
27�
Signed tnis,.264Lday of Cc-ober, 2005.
M c ael A. reen
Att rr_ey for Permittees
WAR\Environ\R05-050'-004
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