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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 Q$S Y P 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. � t > ,� �/0 v� A-cJ �� +�"as Gc�CC,�C--✓' �� S � C14 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 2