HomeMy WebLinkAbout20240327_LCFWASA_corespondance Proposed Conditions to SUP between 421 Sand, CFPUA and LCFWAS
Agreement to work together to make sure that 421 Sand can furnish the material and services
needed by municipalities and businesses in SENC and the water line is granted an expanded easement
for its current and future lines and needs and is properly protected.
Agreement to work together so all parties are always aware of the status of all matters
concerning the Sand Mine and the water lines.
1. Haul road and crossing agreed to by engineers and staff
2. We will deed to LCFWAS a new perpetual 150' wide easement as a buffer for their
existing 48" line and for construction of the anticipated new 54" line
3. Consult Geotechnical Coordinator — no mining until recommendations of geotechnical
experts and engineers are agreed upon and implemented by all parties
- Conditions refer to slope of mining basin being 205 feet from the water line - the
correct number is 255 feet—there is an additional 50-foot buffer
4. Access to LCFWAS and CFPUA to their lines
5. Provisions for changed condition and future cooperation
Have watched commissioners hearings on special use permit requests and taken notice of
comments made by the commissioners about how helpful it is when the neighbors involved work
together for a solution—and that is exactly what we are doing in our request.
We have 2 valuable projects to the community in proximity to each other.
Which will require that we all cooperate with each other now and in the future—that is why
we have entered into the proposed conditions and our request to add the proposed conditions to our
special use permit is the safeguard for the operation and well-being of both projects.
#374968.1
Joseph O. Taylor
Subject: FW:421 Sand Mine
From: Nicolette Fulton <Nicolette.Fulton @cfpua.org>
Sent: Wednesday,January 31, 2024 1:33 PM
To: Scott M. Holmes<sholmes@murchisontaylor.com>
Cc: Matthew Nichols<matt@mattnicholslaw.com>;Joseph O.Taylor<jtaylor@murchisontaylor.com>
Subject: RE:421 Sand Mine
Scott,
We have received confirmation from both CFPUA and LCFWASA that both parties are amenable to the Conditions
document as provided.Thank you for your cooperation and efforts in resolving this matter.
Best,
Nicolette
Nicolette Fulton
Deputy Authority Attorney
Cape Fear Public Utility Authority
o: 910-332-6656 1 c: 910-473-4345
Email: Nicolette.Fulton@cfpua.org
235 Government Center Dr., Wilmington, NC 28403
www.cfpua.org