26605_MCLAUGHLIN, PATRICK_20010525

Applicant Name
Address
City
CAMA and DREDGE AND FILL q 08605 -C
G
L
N
E K
A L
P
E
R
M
I T
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
State
Phone Number
zip
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions. Any violation of these terms applicant's signature
may subject the permittee to a fine, imprisonment or civil action; and
may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
issuing date
permit officer's signature
expiration date
attachments
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program. application fee

T--
I BRANCH BANKING AND TRUST COMPANY m. w
E MOREHEAD CITY, NORTH CAROLINA 32003
T D EURE CONSTRUCTION CO., INC.
l PH. [phone]. 66-112/531
P O BOX 650 02301
` MOREHEAD CITY, NC 28557 5/9/2001
t
I ORDER OFE DENR
$ "* 100.00
One Hundred and 00/100**************************►*****************►***************************************
r
DENR DOLLARS
151-B Hestron Plaza
Hwy 24 VOID AFTER 60 DAYS
Morehead City, NC 28557
MEMO Pat McLaughlin
X1'03 200311' 1:0531011 211:123
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T. D. EUR.E CONSTRUCTION CO., INC.
POST OFFICE BOX 650
T D EURE MOREHEAD CITY, NORTH CAROLINA 28557 PROJECT
PHONE: [phone]
Wac"=
FAX: [phone] MEMO / NOTES
PROJECT Pl00�, A#40 a•�i �,� j NO.
RE DATE + ��-
PERSON(S) PRESENVIALKED TO I ❑ TELEPHONE Lj MEETING
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MAY 0 9 2001
COASTAL MANAGEMEN'
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COPIES � ,SIGNED

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05/25/01 10:55 FAX [phone] T D EURE 1002
EKI'IF I+.11 MAIL e ]ZE"EURN R10EI1''1' 1thQ S'rE
DIVISION Ol" COASTAL MANAGEMENT
ADJACENI'-RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER 1,0101
Name o.F lndividual applying for Permit:_PATR1CK MC�.K}d U{ l Lt hl
Address of Property: 102-- [�RATJ�/ COu]ZTr Spbn, jEe5 (1?FL,,K tJp
MOt�EH F,HD 0l7i/
(Lot or Street #, Street or Road, City &. Couivy)
I hcrcby certify that I own property adjacent to the: above referenced property. I'hc individual
applying for this permit has described to me as shown on the attached drawing the dcvelopmcnt
they are proposing. A description or drawing, with dimensions, should be provided witli this
letter.
�1 have no objections to thisp Pro osal.
If you have obsjegions to what is being proposed, please write the Dii,ision of Coastal
Management, Hestrurt Plclut 11, 151-13, Hwy. 24, Morehead City, NC, 2$557 or call (252) 803-
2,M ►vdhin 10 days of receipt of this notice. No response is considered the sante as no objection
if you have been notified by Certified Mail.
WAIVER SECTION
1 understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbaes must be
set back a minimum distance of 15' from my area of riparian access unless waived by rue. (tf you
wish to waive the setback, you must initial the appropriate blank below_)
I do wish to waive the 15' setback requirement.
�I do not wish to waive the 15' setback requirement.
S iy.C)
SwmatUO 1 ) ate
Print Na -5 — 7ZV 9 7 7 7
Felephone Number Wltll Area Code

1'. U. LA111E CONSTRUCTION CU., INC.
t U MI -1 n -AD (,try, N(. -w I I I CAROLINA 211551
PIR)lW 25"-128 1191
mmvlmffz]r
1 )vm Property Owner:
I ho encloved Adjacent Riparian Property Owner Waiver Form and any
enclosures have been sent to you by Certified Mail to comply will) CAIVIA
legulations.
Please complete the form and return to this office in the envelope- provided.
Should you have any questions, feel free to call Chuck Bissetle at T.D. F(.nP
Construction at (2.52) 728-4191. You may also return the form by FAX to (251)
728-4192.
I hank you for your prornpl. attention to this matter.
C, B. Bissette, Jr., owner's agent
Cz
Cc- Division of Coastal Managernent
uv
fAAY U 9 2001
COASTAL MANAGEMENT
MOREHEAD _

Cl ilk"II+ILD AI I , • 11+,1' TRN (th(�1� (iyr 11 rni i�� �•
DIVISION OF COASTAL MANAGEMENT
ADJACENT -RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FMAI
Name of Individual applying for Permit: �i4TR�C K Mcg-t4U Gt1 t -t til
Address of Property: - 1L3 -z- ( R�TJy �ot,cRTf SPDDnJE 5 PFKp�_
lt'�OI�EH Ff1T� LIl7V �1-�2T�/Z ET" i)nr�A T1� _
(Lot or Street a, Street or Road, City & County)
1 hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, should be provided with this
letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please ►vrile the Division of .Coastal
rllanagentent, Hestron Plaza 11, 151-13, H►vy. 24, Morehead City, NC, 23557 or call (252) 808-
2808 within 10 days of receipt of this notice. No response is considered the same as no o1 jection
if you have been notified by Certified Mail.
WAIVER SECTION
1 understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be
set back a minimum distance of 15' from my area of riparian access unless waived by tie. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement. nj
MAY U 9 2001
I do not wish to waive the 15' setback requirement.
COASTAL MANAGEMENT
Signature Date
Print Name
Telephone Number With Area Code

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05/11/01 16:11 FAX [phone]
■ Complete items 1, 2, and 3- Also complete
item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Ackliessed to:
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T D EURE
A. Received by (Please Print Clearly) 18. Dale of Delivery
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4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service )abel)
-70-9", :,34/00 (S:015- /2L/4 /OSg
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PS Form 381 1 . July 1999 Domestic Return Receipt 1(2595-99 M-1789
■ Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article AddrtKSPd to:
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D. Is delivery addr (Wereni Trom item 1? IS] Yes
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3, Serylce Type
Certlfied Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service fabel)
PS Form 3811, July 1999 Domestic Return Receipt 102595.99-M-1789
201
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Lei 01-tv I I I I Dili:.._ N yJ IS.t► t. XG Of I W
DIVISION OF COASTAL MANAGEMENT
ADJACENT -RIPARIAN PROPERTY OWNER NOTIFICATION/ WAIVER FORA1
Name of Individual applying for Permit: VAEFZkCK MCL}d GiA t -t u
Address of Property: 1612- 6 RATDU C wz-r, 6cpptJEe5 AeEE1<- IyDe774
MOPE -H F -Aa alnZ &/07 62 E7- /�vAJZ�Z
(Lot or Street #, Street or Road, City & County)
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, should be provided with this
letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, Hestron Plaza II, 151-I3, Hwy. 24, Morehead City, NC, 28557 or call (252) 808-
2808 within 10 days of receipt of this notice. No response is considered the same as no objection
if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be
set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Siiznature Date
Print Name
Telephone Number With Area Code

U ERE
M1OREMAD CITY,
T. D. EUBE GONs uCTION CC., INC.
POST OFFICE Box %350
NIORL:HFAD CITY, NORTH CnP,nLIrJA 25557
PHONE 2W-728-4191
Date: b -8 - 2DO I
Dear Property Owner:
The enclosed ,Adjacent Riparian. Property Owner Waiver Form and any
enclosures have been sent to you by Certified Mail to comply with CAMA
regulations.
Please complete the form and.. return to this office in the envelope provided.
Should you have any questions, feel free to call Chuck Bissette at T.D. Eure
Construction at [phone]. You may also return the form by FAX to (252)
723-4192.
Thank you for your prompt attention to this matter.
C B. Bissette, Jr., owner's agent
Cc: Division of Coastal Management
Encl.

03/15/01 10:41 FAX [phone] T D EURE Z01
TO:
AT:
T. D. EURE CONSTRUCTION CO., INC.
P.O. BOX 650, MOREHEAD CITY, NC 28557
[phone] FAX [phone]
FAX COVER SHEET
DATE: » 4
GAM
FAX NO: c�'Y�7-- 3 3,3 o
FROM: 82,_'Z
AT: T. D. EURE CONSTRUCTION CO., INC. `\,
PHONE: [phone] FAX NO. 252-728-41 c
TRANSMITTING PAGES WITH THIS COVER
MESSAGE:
This transmission is intended for the addressee only, and is confidential.

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03/15/01 10:41 FAX [phone] T D EURE Q02
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03/15/01 10:41 FAX [phone] T D EURE IM 03
Z2�k T. D. EURE CONSTRUCTION CO., INC.
POST OFFICE BOX 650
T D EURE MOREHEADCITY,
NORTH
R H O CARLINA 28557
PHONE: PROJECT
NQW
FAX: [phone] MEMO / NOTES

T. D. EURE CONSTRUCTION CO., INC.
Aor!m POST OFFICE BOX 650
TD EURE MOREHEAD CITY, NORTH CAROLINA 28557
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PHONE: [phone]
FAX: [phone]
PROJECT
MEMO/NOTES
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03/15/01 18:03 FAX [phone] T D EURE 0102
T. D. EURE CONSTRUCTION CO., INC.
A!11!T D EU E POST OFFICE BOX 650
MOREHEAD CITY, NORTH CAROLINA 28557 PROJECT
PHONE: [phone]
FAX: [phone] MEMO / NOTES
PRbJECT %%�� NO.
FE' !O _ i I DATE
PERSONS) PRESENTf KED TO ❑ TELEPFjONE Ll MEETING I
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MCLAUGHLIN
�N
CENTER
Patrick D. McLaughlin, D.C.
James L. Graham, D.C.
Todd W. Melvin, D.C.
Ryan S. Robinson, D.C.
Administrative Office
McLaughlin Chiropractic Center
4619 Arendell Street
P.O. Box 2190
Morehead City, N.C. 28557
[phone]
[phone] Fax
McLaughlin Chiropractic Center
1507 Live Oak St, Suite D
Beaufort, N.C. 28516
[phone]
[phone] Fax
March 15, 2001
Dear Craig,
As we discussed last Friday, I am planning on getting the plan I had sent you approved by
CAMA the way I have proposed. Upon approval of this with CAMA, I will then discuss
this with you on how we can possibly modify this in order to accommodate your concerns.
In regards to getting this approved with CAMA, the representatives at T.D. Eure certainly
feel that this is feasible. On a side note, Dean Wagaman has sent his letter in for approval.
I am sending this certified receipt to you to expedite the process.
As you know, I am the adjacent riparian landowner of Lot 29 in Spooners Creek North,
located at 102 Grady Court in Morehead City, North Carolina. The attached sketch
accurately depicts the proposed construction.
Again, should you have no objections to this proposal, please check the statement below,
sign and date the blanks below the statement, and return this letter to: T.D. Eure
Construction Company, Inc. P.O. Box 650, Morehead City, NC 28557 as soon as possible.
Should you have written objections to this proposal, please send your written comments to
the NC Division of Coastal Management, P.O. Box 769, Morehead City, NC 28557.
Written comments must be received within ten (10) days of receipt of this notice.
Schilsky-McLaughlin
Chiropractic Center Sincerely,
704 Cedar Point Blvd.
Cedar Point, N.C. 28584
[phone]
[phone] Fax a
www.mclaughlinchiropractic.com
in either method within ten (10)
D.C.
will be interpreted as no objection.
I have no objection to the project as presently proposed and hereby waive that
right of objections as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed
comments
Signature
Date
"Helping Build A Healthier Community. "

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SIGNED
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North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
Bill Ross, Secretary
Donna D. Moffitt, Director
May 30, 2001
Mr. Craig Clark
104 Grady Court
Morehead City, NC 28557
Dear Mr. Clark:
°9e�n0
NCDENR "
This correspondence is in reference to your letter of objection to a proposed dock, boatlift
and platform project by your downstream adjacent riparian property owner, Dr. Patrick
McLaughlin. The property is located at 102 Grady Court, adjacent to the north prong of Spooner's
Creek in Morehead City, Carteret County. The proposed project involves the construction of a 6'
X 50' side -to -dock (4' width over the water) with an adjacent 10' X 11' uncovered boatlift and a
10' X 20' platform (8' width over the water).
Your objections focused on the potential impact of the dock to navigation along the narrow
creek and potentially impeding your ability to access your dock. the North Carolina Division of
Coastal Management (DCM) has given your objections careful consideration and worked with the
applicant to insure that the project does adversely affect navigation. As such, the project was
modified to a design that the Division believed would not adversely affect navigation on the creek.
Therefore, the DCM has determined that the project is consistent with 15A NCAC 07H.1200 —
GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN
ESTUARINE AND PUBLIC TRUST WATERS. Consequently, CAMA General Permit #26605
was issued to Dr. McLaughlin for the dock, boatlift and platform described above.
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environment and Natural Resources within 20
days of the permit decision. If you have any questions regarding this matter, please don't hesitate
to contact me at my Morehead City office (252-808-2808).
Sincerely, D /
M. Ted Tyndall
District Manager
cc: Charles S. Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
Morehead City District, 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

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ENVIRONMENTAL Fax:[phone]
ROY COOPER
LE".. . ;1TTORNEY GENFRAL
Craig W. Clark
104 Grady Court
Morehead City, N.C. 28557
m""rt�fnlFW`'
state of North C(
Jul 9 '01 15:10 P.01
.
..77777771
Department of AiMice
REPLY TO:
James P. Longcst
P. 0, Sox 629
Environmental Division
RALUGl 1
[e-mail],nc.us
2 7602-06? 9
Telephonc: 919/716.6600
---_____.
Fax: [phone]
July 3. 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: 'Third party Hearing Request for Coastal Area Management Act (CAMA)
Permit No. 26605-C
Dear Iv1><. Ctark:
The Chairman of the Coastal Resources Commission has decided to deny the hearing reguesrt
W
hich you submitted. Attached is a copy of the order, signed by the Chairman of the Coastal
{:
f;
Resources Commission, denying your request. You may appeal the Chairman's decision by fling
a petition for judicial review in superior court of Carteret County within thirty days after receiving
-' the order: A copy of the judicial review petition must also be served on the Coastal Resources
�¢ Commission's agent for service of process at the following address:
'7 Dan Oakley, General CounselaL
s
Dept. Of Environment and Natural Resources
:. •' 1601 Mail Service Center ;•�
Raleigh N. C. 27699-1601
.HY.XI Sl 4
K' Y
Sincerely.
_fj C
James P. Longest, Jr.
Special Deputy Attorney General
Gf�/✓� �
cc:
Dave Heeter
---_____.
Phone !
Phone
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Fa S MV -- 3 3 3o
Charles Jones
Donna Moffitt
Post -its F ax Note
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7671 Dte-7 p
pages ►
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ENVIRONMENTAL
� t .
Fax:[phone] Jul 9 '01 15:12 P.02
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF THE THIRD )
PARTY HEARING REQUEST BY )
CRAIG W. CLARK )
BEFORE THE CHAIRMAN°;,
COASTAL RESOURCES COMMISSION
CMT 01- 08 Y..
FXNAL ORIDER
I. INTRODUCTION
Pursuant to G. S. §113A -121.1(b), Craig W. Clark has Med a third party hearing
with the Coastal Resources Commission. Mr. Clark seeks permission to challenge the issuance
Coastal Area Management Act General Permit No. 26605-C by the Division of Coastal;
Management. Permit No. 26605-C was issued to Patrick McLaughlin to construct a pier, platfoxmr` ' :1.
and boatlifit in Spooner's Creek, Morehead City.
II. STANDARD OF REVIEW
Under the Coastal Area Management Act (CAMA), a third party may file a contested
hearing petition to challenge the issuance of a CAMA permit only if the Coastal Resources
Commission (CRC) first determines that a contested case hearing is appropriate. G.S. §113A
121.1(b) provides that the determination as to whether a hearing is appropriate should be based upon
-4
a consideration of whether the Petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
2. Is directly affected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the hearizig%K a
request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party
hcaring request should be granted or dcnicd. Rule I 5 NCAC 73 .0301(b). A third party whosa,�t'::�-

.
F. 2
ENVIRONMENTAL
Fax:[phone] Jul 9 '01 15:13 P.03
2
hearing request is granted may file a contested case hearing petition with the Office
Administrative Hearings. G. S. § 113A -121(b). A third party whose request is denied may
judicial review. Id.
A.
III. FINDINGS OF FACT
Dr. Patrick McLaughlin owns a residential lot at 102 Grady Ct. (Lot 29) off Spooner's
Creek in Morehead City, Carteret County, North Carolina. (Attachment A is a copy of the
portion of the subdivision plat which is hereby incorporated by reference.)
14
C. B. Bissette, Jr., T. D. Eure Construction Co., Inc., acting as agent for
McLaughlin, applied for a CAMA General Permit to construct a dock, boat lift, and platform iii:.l.
;
Spooner's Creek.
C. The application was for a 6' by S0' side -to- dock (4' width over the water), an adjacent.
', , J
10' by 11' uncovered boatlift, and a 10' by 20' platform (8' width over the water). (Attachment B is
a copy of a sketch plan for the project which is hereby incorporated by reference.)
1). Spooner'sCreek is approximately 44' wide measured from the McLaughlin shoreline
to the marsh on the opposite side.
E. The depth of the Creek in the middle is approximately - 4MLW.
J'd
F. Craig Clark owns the adjoining Lot 30 on the upstream side of Dr. McLaughlin's
lot. He is a Realtor and has a commercial fishing license.
G. Mr. Clark objected to the proposed project saying that a 10' wide dock (i. e.,
platform) would pose a navigational problem if he purchases a larger fishing boat, which he
plans to do, and the opposite shoreline is developed in the same manner. (Attachment C is a copy
r
of Craig Clark's objection to the project which is hereby incorporated by refercucc.)
Y`l�� b

ENVIRONMENTAL Fax:[phone]
3
Jul 9 '01 15:14 P.04
A. The DCM considered Mr. Clark's objections viz -a -viz Rule 15A NCAC 7H
Section .1200 - General Permit for Construction of Piers: Docks: and Boat Houses in Estuarine "
� .. ` and Public Trust Waters.
I. On May 25, 2001, the DCM issued CAMA General Permit No. 26605-C
authorizing -the development proposed by Dr. McLaughlin. (Attachment D is a copy of General
Permit No. 26605-C which is hereby incorporated by reference.)
I. Mr. Clark filed a third party hearing request which was not received by the
Coastal Resources Commission until June 18, 2001, which was 24 days after the permit
decision. (Attachment E is a copy of the letter from DCM to Mr. Cook informing him of the 20 1
day deadline for filing a hearing request which is hereby incorporated by reference.)
IV. CONCLUSIONS OF LA
1. Petitioner has not alleged that the proposed development is contrary to statute or
rule.
2. Petitioner has demonstrated that he is directly affected by the decision. Petitionei,',
is a riparian property owner who would be directly affected by the project if it has a substantial,,.'
adverse impact upon navigation.
3. Mr. Clark's hearing request should have been filed with the Commission within
20 days of the permit decision. It was filed four days after the deadline. This alone supports
denial of his hearing request. Additionally, and for purposes of this third party hearing request,
the Chairman concludes that Petitioner's hearing request is frivolous under N.C. Gen. Stat §
113A -121.1(b)(3).
Mr. Clark argues that the 10' by 20' platfom (S' width over water) will significantly
NA

<x%
ENVIRONMENTAL
Fax:[phone] Jul 9 '01 15:16 P.05
Cl
reduce the value of his property. His argument is premised upon Dr. McLaughlin mooring a 10';'
.yl.
wide boat to the platform and the property owner across the Creek doing the same. „
This he says would only leave 13' of channel which is too narrow, especially if he purchases a
Vri •'.
larger boat for grouper fishing as he plans to do. Reducing the platform to 6' by 20' would leave':..;;.;
sufficient room in the channel for a 10' foot wide boat, and he believes this is the size of platform
which should have been authorized. �..�
The DCM issued General Permit No. 26605-C under Rule 15.A, NCAC 7H Section .12ft
-
General Permit for Construction of Piers: Docks; and Boat blouses in Estuarine and Public .`
Trust Waters. The DCM determined that Dr. McLaughlin's permit application was consistent
with all the applicable general and special conditions, including the one which requires that there;
"shall be no unreasonable interference with navigation...." In addition, the DCM determined that
the platform would not extend more than one-fourth the width of the water body as required
Cr:ia.gr:
under the Commission's rules as recently amended.
0'3
In conclusion, Petitioner has not met the criteria justifying a contested case hearing.
Petitioner has failed to timely file his request. Petitioner has not alleged facts or made legal
arguments that demonstrate that the request for the hearing is not frivolous, and thus has not
satisfied the criteria for hearing established at N. C. Gen. Stat. § I I 3A- 12 1. 1 (b)3. Therefore,
Petitioner's request for a Third Party Hearing is hereby DENIED.
a

ENVIRONMENTAL Fax:[phone]
5
Jul 9 '01 15:17 P.06
This the -3 day of July, 2001.
Z
Eugen6 B. Tomlinson, Jr.
Chairman
Coastal Resources Conundssion
I
r7:

11
ENVIRONMENTAL
Fax:[phone] Jul 9 '01 15:18 P.07
6
CERIffICATE OF SERVICE
This is to cerfify that I have caused a copy of the foregoing Final Decision to be served u
the Petitioner by depositing a copy thereof in the U.S. Postal Servicp, with sufficient postage
delivery by first class mail and addressed to -
Craig W. Clark
104 Grady Court
Morehead City, NC 28557
Acting Pro Se
This the —3 day of July, 2001.
EP -49082
Ramm"=
des P. Longest Jr. 4.':/-✓-
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

/i v
North Carolina
Department of Environment and Natural Resources` •
Division of Coastal Management
Michael F. Easley, Governor NCDENR
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
19 June 2001
Dr. Patrick McLaughlin
4619 Arendell Street
Morehead City, NC 28557 CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Suspension of Work / Appeal of CAMA Permit Decision
Dear Dr. McLaughlin:
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has
received a request for an administrative hearing to challenge CAMA Permit 26605-C.
The Third Party Hearing Request was filed on behalf of petitioner on June 18, 2001.
Under N.C.G.S. §1 13A-121.1 (the Coastal Area Management Act), your CAMA permit
is automatically suspended upon receipt of a hearing request and will remain suspended
until either: (1) the Chairman denies the hearing request (under standards set out in the
statute); or (2) there is a final Coastal Resources Commission decision on the permit
appeal. You may not undertake any development under the permit decision until further
notice after Chairman Tomlinson issues his decision.
The Division of Coastal Management will prepare a recommendation for the
Chairman on whether to grant or deny the hearing request. The Chairman must make
a decision within 15 days after receipt of the hearing request, in this case no later than
July 3, 2001. If you wish to submit any materials for the Chairman's consideration in
ruling on the request for contested case hearing, please send them to me as soon as
possible.
Sincerely,
Donna D. Moffitt
cc: Chairman Gene Tomlinson
Ryke Longest
Jessica Gill
Ted Tyndall
Charles S. Jones
Dave Heeter
1638 Mail Service Center. Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

I t( )Y ( :( )( H It :: Z
MEMORANDUM
Stilt(' Of North (,iiro inti
l WI)iirlriwnt Of J(lsti(,(,
P BOX 629
276024)620
TO: Eugene Tomlinson, Chairman, CRC
Donna Moffitt, DCM, Raleigh
Charles Jones, DCM, Morehead City
Ted Tyndall, DCM, Morehead City
Terre Barrett, DCM, Morehead City
Ryke Longest, DOJ
FROM: David G. Heeter AJW--
Assistant Attorney General
DATE: June 19, 2001
,xt( 4P�11 -
Reply to
David G. .cter
Environmcnutl Division
TO: [phone]
Fax: [phone]
dhcetcrrumail.jus.;t:uc. nc.us
JUN 2 2 2001
RE: Third Party Hearing Request by Colon Byrd for George Edwards, Carteret County
Colon Byrd, acting on behalf of George Edwards, seeks permission to challenge CAMA
General Permit No. 26605 issued to Dr. Patrick McLaughlin for the construction of a dock, boat
lift, and platform on Spooner's Creek in Morehead City. Mr. Byrd alleges that the project
adversely affects navigation. This is the permit that Craig Clark is also seeking a hearing on.
I need a copy of the permit application and any site drawings. In addition, I need the
Division's comments on the hearing request. Please respond by June 28. Chairman Tomlinson
will have to make a decision by July 5.
EP48817

;l9I TEt 1:�D DEHVR COSTAL tiIGDT
DCMFORM5 COLON BYRD, Agent for:
PE'ITI TONER'S NAME GEORGE E D W A B D S
COUNTY
FILE NUMBED
CARTERET
(Petitioner leave this Iine blank)
TEL:919 '33 1495 P. 00,
RECEIVED
JUN 19 2001'
T"4hQ'# G
REQ ST�
CAMA PERMIT DECISION
PLEASE TAKE NOTE that the undersigned, a person affectcd by the decision of (check one):
x a Local Permit Officer acting on a CAMA Minor Development Permit
application; or
the Division of Coastal Management, Department of Environment and
Natural Resources, acting on a CAMA l jor Developmcnt Permit
application or CAMA General Permit application
hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to
N.C. Gen, Stat. § 113A -121,1(b) and N.C. Admin. Code tit. 15A, r. 7J.0300 (Please arrach a
copy of the permit application decision. If you cannot obtain a copy Of the permit application
decision, please provide the name of the permittee, the project location and the permir number.)
Requests are reviewed by the Chairman of the Coastal Resources Commission to determine
whether a hearing should be granted. The determination of whether to grant a hearing is in the
sole discretion of the Chairman. N.C, Admin. Code tit. I5A, r. 7J.0301(b).
For this application to be complete, the Petitioner must address each factor listed below on a
separate Sheet of paper. You must address these factors before your request will be reviewed.
The Chairman's decision to grant a hearing will be based on whether the Petitioner;
(1) Has alleged that the decision is contrary to a statute or rule [N.C. Gen. Stat. §
113A-121.1(b)(1)j;
(Please cite the stature or regulation allegedly violated by the permir decision.)
(2) Is directly affected by the decision [N.C, Gen. Stat. § 113A -121.1(b)(2)]- and
(Please describe how you are directly affected by the permit decision.
Persons directly affected by a decision include, but ate not limited to:
(a) any owner of real property in the vicinity of rhe property to
be developed who can show that rhe proposed development
is lik0ly to have a significant adverse effect on the value
and enjoyment of his property, and
(b) any person who can demonstrate a hisrory of substantial
use of public resources in the area directly affected by the

JUV - 19' ')1 ITUEI 12: 51) DEHNR CGST.AL MGMT
TEL 919 "33 1495 P.
development when the development is within or touches
upon an area subject to the puhlic trust.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for
the hearing is not frivolous [N.C. Gen, Stat. § 113A -121.1(b)(3)].
(Please summarize the evidence or arguments you will present at a
hearing in support of your appeal)
Based on the artaehed responses to the above factors, the undersigned hereby requests a third
Ply hearing.
a-/-J='gd
Date
AGENT
Signature of Petitio r or Xorney
COLON BYR1), AGENT FOR:
GEORGE EDWARDS
Name of Petitioner or Attorney
:: P.O. Bax 607
Address
MOREHEAD CITY, NC 28557
City State Zip
( 252 ) 247-4806
Telephone Number
NOTES: This request must be served on the Director, Division of Coastal Managemerrit, at
the address shown on the attached Certificate of Service Form, within twenty (20)
days of the disputed permit decision. MC. Wien. Stat. § 113A -121.1(b). Failure to
do so constitutes waiver of the right to request a hearing. A copy should also be
sent to the Attorney General's Office, Environmental Division, at the addresses
shown on the attached Certificate of Service Form.
Approval of a Third Party Hearing Request allows a petitioner to file a contested
case petition with the Office of Ad riir istrative Hearings within twenty (20) days
of receipt of the Chairman's Order. N.C. Gen. Stat. § 113A -121.1(b).
Denial of a Third Party Hearing Request is a final agency decision which may be
appealed to the Superior Court in the county where the property is located under
N,C. Gen. Stat. § 113A -121.1(b) and Cl apter 150B, Article 4.

lI _ 7I DEHiUR COSTaL-1('!tlT TEL 9l9 -53 l495 P. OUB
CERTIFICATE OF SERVICE
I hereby certify that this Third Parry Hearing Requtst has been served on the State
agencies named below by depositing copies of it with the United States Postal Service with
sufficient pomge for delivery by first class mail or by personally delivering copies to the named
agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
and a copy served on: Attorney Gencml's Office
Environmental Division
P.O. sox 629
Raleigh, NC 27602-0629
This the 1jr day of 7,/ z -,,e1 /
'�e , Z�&elpo
Signature of Petitio r or Artomey
EP/30540/wp
Updated: July 14. 1999

�liti. - l 9' ill ImI;EI 1 I DEHNR COSTAL TEL 919 -35 1,495 P. 005
(li I am not inferring that Tod Tyndall's decision is stepping outside the guide lines: in
writing a pormit for Patrick McLauglin, 102 Grady Court, Morehead City, NC

JUN. -19' 01 (TI"E1 12 : 7l DEHNR COSTAL "46biT TEf 9 i 9 -55 i495 P OOh
(2) As the agent for George Edwards, owner of lot 31, it is our concern that the proposed dock
affocts the potential value, sale, and future use of said lot. If Mr. McLaughlin is perp itted
to build an 8 foot dock, this, in our opinion would impede the use of the same canal to those
property owners to the North of his lot. We would suggest that ha permit be in line with adier
permits, previously issued.

• JUN. - IT UI ITI,*E1 12:;,1 DEHNR C)'BT.AL X1017 TELA19 "55) 1495 P UO -
(3) A. The proposed dock devalues Lot 31. Were there not deep water access. this property
would be worth about �t leas than the current tax value, In this area every foot of boat
you cant get to your dock ups the value of the property.
I am now in the process of selling lot 31 to the north of Mr. McLaughlin. This proposed
dock will make it very difficult to sell due to lack of water space to move a boat with a
10 foot beam The water space is there at present, but will prevent boats to the north of
his lot navigating these waters if this dock is allowed. Lot 31, listed at $225,000, will be
aubatantially devalued if this present configuration of dock is permitted.
I have been a NC licensed Real Estate Droker in the state of North Carolina for 21 years
in addition to being a certified ABR (accredited buyers representative), working in
commercial and residential properties; therefore I feel well qualified to access property
value

St;]W. of North Cirojjjj�j
W", U. I - FRI. ram
Phone; [phone]
Fax - (9 (9) 716-(j 767
bATE, -k,
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OF PAGES (INCLUDING TRANSMITTAL SHEET):
RECEIPT OF DOCUM NT( IF MARKED HERE:
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TATE 0F NORTH CAROLINA
"S
Bt ORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 01- 08
RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT
Pmdant to G. S. §113A -121.1(b), Craig W. Clark has filed a third party hearing request
with the Coastal Resources Commission. Mr. Clark seeks permission to challenge the issuance of
Area Management Act General Permit No. 26605-C by the Division of Coastal
7A
Management. Permit No. 26605-C was issued to Patrick McLaughlin to construct a pier, platform,
:::and boatlift in Spooner's Creek, Morehead City.
Under the Coastal Area Management Act (CAMA), a third party may file a contested case
�h_ caring petition to challenge the issuance of a CAMA permit only if the Coastal Resources
ornnussion (CRC) first determines that a contested case hearing is appropriate. G.S. §113A -
1.1(b)
I13A-
1.1(b) provides that the determination as to whether a hearing is appropriate should be based upon
consideration of whether the Petitioner:
1 Has alleged that the decision is contrary to a statute or rule;
ctly aff
2. Is dirt. ected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the hearing
request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party
!hearing request should be granted or denied. Rule 15A NCAC 7J .0301(b). A third party whose
g request is granted may file a contested case hearing petition with the Office of
7 ! f
OX:
zo'd TZ:OT TO, 9z unf Z9Z9-9TZ-6%:xP3 -1UiN3WN0aIhN3

2 ;.
strative Hearings. G.S.§113A-121(b). A third party whose request is denied may seek. y
review, U The Division of Coastal Management (DCM) recommends denying Mr. Clark's
,request.
H. FACTS
k. Dr. Patrick McLaughlin owns a residential lot at 102 Grady Ct. off Spooner's Creek
' r . 1U Morehead City, Carteret County, North Carolina.
B. C. B. Bissette, Jr., T. D. Eure Construction Co., Inc., acting as agent for Dr.
McLaughlin, applied for a CAMA General Permit to construct a dock, boat lift, and platform in
s Creek.
The application was for a b' by 50' side -to- dock (4' width over the water), an adjacent
0' by 11' uncovered boatlif , and a I0' by 20' platform (T width over the water).
Spooner'sCreek is approximately 44' wide measured from the McLaughlin shoreline
the marsh on the opposite side,
The depth of the Creek in the middle is approximately - 4' MLW.
Craig Clark owns the adjoining lot on the upstream side of Dr. McLaughlin's lot and
commercially fishes for grouper.
Mr. Clark objected to the proposed project saying that a 10' wide dock would pose
a navigational problem if he purchases a larger fishing boat, which he plans to do, and the opposite
is developed in the same manner.
H. The DCM considered Mr. Clark's objections viz -a -viz Rule 15A NCAC 7H Section
`;::120Q - General Permit for Construction of Piers: Docks: and Boat Houses in Estuarine and Public
i0'd �Z:OT 10, 9Z unf Z9Z9-9IZ-6%:xLIJ �d1N3WNO�IAN3

I. On May 25, 2001, the DCM issued CAMA General Permit No. 26605-C authorizing
y� A`-Ihe de'Mopment proposed by Dr. McLaughlin.
Ckl,
I Mr. Clark filed a third party hearing request which was not received by.th e Coastal
Resources Commission until June 18, 2001, which was 24 days after the permit decision
R. Has The Petitioner Alleged That The Decision Is Contrary To A Statute Or Rule?
014
44.
F�
No. Mr. Clark has not cited any statutes or rules which were violated. In fact, he says
"I am not saying that Ted Tyndall has stepped outside the guide lines in writing a permit for
3
Patrick McLaughlin..."
I. On May 25, 2001, the DCM issued CAMA General Permit No. 26605-C authorizing
y� A`-Ihe de'Mopment proposed by Dr. McLaughlin.
Ckl,
I Mr. Clark filed a third party hearing request which was not received by.th e Coastal
Resources Commission until June 18, 2001, which was 24 days after the permit decision
B. Is The Petitioner Directly Affected By The Permit Decision?
.A.
Yes. Craig Clark is an adjacent riparian property owner,
71
C Has The PetitionerDemonstrated That The Hearing Request Is Not Frivolous?
No. The Petitioner has failed to demonstrate that his hearing request is not frivolous.
I Mr ('.lark nroqir,.c that the 1(1' by 10'nintfArm Mxvirltli nui-r xVqtP.r) will
S plucantly reduce the value of his property. His argument is premised upon Dr. McLaughlin
Z
mooring a 10' wide boat to the platform and the property owner across the Creek doing the same.
T_ bas he says would only leave 13' of channel which is too narrow, especially if he purchases a
vp
,.Iarger boat for grouper fishing as he planned to do. Reducing the platform to 6' by 20' would
sufficient room in the channel fora 10' foot wide boat. and he believes this is the size of platform
:-,which should have been authorized.
2. The DCM issued General Permit No. 6605-C under Rule 15A NCAC 7H Section
1200 - General Poxinit for Construction of Piers: Docks; and Boat Houses in Estuarine and
Vo'd vz:oT To, 9Z unr Z9Z9-9TZ-6%:xP� �U1N3WN0KM3
R. Has The Petitioner Alleged That The Decision Is Contrary To A Statute Or Rule?
V.
44.
No. Mr. Clark has not cited any statutes or rules which were violated. In fact, he says
"I am not saying that Ted Tyndall has stepped outside the guide lines in writing a permit for
Patrick McLaughlin..."
B. Is The Petitioner Directly Affected By The Permit Decision?
.A.
Yes. Craig Clark is an adjacent riparian property owner,
71
C Has The PetitionerDemonstrated That The Hearing Request Is Not Frivolous?
No. The Petitioner has failed to demonstrate that his hearing request is not frivolous.
I Mr ('.lark nroqir,.c that the 1(1' by 10'nintfArm Mxvirltli nui-r xVqtP.r) will
S plucantly reduce the value of his property. His argument is premised upon Dr. McLaughlin
Z
mooring a 10' wide boat to the platform and the property owner across the Creek doing the same.
T_ bas he says would only leave 13' of channel which is too narrow, especially if he purchases a
vp
,.Iarger boat for grouper fishing as he planned to do. Reducing the platform to 6' by 20' would
sufficient room in the channel fora 10' foot wide boat. and he believes this is the size of platform
:-,which should have been authorized.
2. The DCM issued General Permit No. 6605-C under Rule 15A NCAC 7H Section
1200 - General Poxinit for Construction of Piers: Docks; and Boat Houses in Estuarine and
Vo'd vz:oT To, 9Z unr Z9Z9-9TZ-6%:xP� �U1N3WN0KM3

4
Trust Waters. The DCM determined that Dr. McLaughlin's permit application was
with all the applicable general and special conditions, including the one which requires
there "shall be no unreasonable interference with navigation...."
3. Mr, Clark's concern about maintaining the future navigability of Spooner's Creek,
is certainly legitimate. However, his concern is basedprimarily upon two conditions precedent:
" lus purchase of a larger fishing boat; and development of the opposite shoreline for a similar
-d platform. In reviewing a permit application, the DCM must be concerned primarily with the
sent unless it is clear that there will be some future problem which is not the case here.
D. Was The Petitioner's Hearing Request Timely Filed?
No. Mr. Clark's hearing request should have been filed with the Commission within
days of the permit decision. It was filed four days after the deadline.
IV. CONCLUSION
For the reasons given above, the Chainnan, Coastal Resources Commission, should deny
Clark's hearing request.
This the day of June, 2001. =
r
FOR THE DIVISION OF
COASTAL MANAGEMENT _::; _
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
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This is to certify that I have caused a copy of the foregoing Recommendation Of The
ri of Coastal Management to be served upon the Petitioner by depositing a copy thereof in the
S. Postal Service with sufficientpostagefor delivery by first class mail and addressed to:
Craig W. Clark
104 Grady Court
Morehead City, NC 28557
Acting Pro Se
This the day of June, 2001.
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
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STATE OF NORTH CAROLINA
COUNTY OF CARTERET
1N
THE MATTER OF THE THIRD
--PARTY HEARING REQUEST BY
K -.-COLONBYRD AS AGENT FOR
:i).QEOME EDWARDS
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 01- 08
RECOMMENDATION OF THE
DIVISION OF COASTAL G.S.MANAGEME
Y
L BACKGROLND
Pursuant to G.S. §113A -121.1(b), Colon 13yrd, acting as agent for George Edwards, has
Red a third party hearing request with the Coastal Resources Commission. Mr. Edwards seeks
permission to challenge the issuance of Coastal Area Management Act General Permit No. 26605-C
by the Division of Coastal Management, Permit No, 26605-C was issued to Patrick McLaughlin to
:';:':construct a pier, platform, and boadift in Spooner's Creek, Morehead City.
Under the Coastal Area Management Act (CAMA), a third party may file a contested case
Bearing petition to challenge the issuance of a CAMA permit only if the Coastal Resources
-Cormnission (CRC) first determines that a contested case hearing is appropriate. § 113A-
1s''21.1(b)
13A -
1.1(b) provides that the determination as to whether a hearing is appropriate should be based upon consideration of whether the Petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
2. Is directly affected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the hearing
request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party
earing request should be granted or denied. Rule 15A NCAC 7J .0301(b). A third party whose
NT
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InFM
.,.,,.hearing
judicial
Edward
2
request is granted may file a contested case hearing petition with the Office of
Hearings. G.S.§113A-121(b). A third party whose request is denied my seek
review. Id. The Division of Coastal Management (DCM) recommends denying Mr.
hewing request.
n. F'
A.
Dr. Patrick McLaughlin ohms a residential lot at 102 Grady Ct. (Lot 29) adjacent to
the north prong of Spooner's Creek in Morehead City, Carteret County, North Carolina.
B.
C. B. Bissette, Jr., T. D. Eure Construction Co., Inc., acting as agent for Dr.
McLaughlin, applied for a CAMA General Permit to construct a dock, boat lift, and platform tf rm in
oonor"s Creek.
C. The application was for a Gby 50' side -to- dock (4' width over the water), an adjacent
An
10' by 11' uncovered boatlift, and a 10 by 20' platform (8' width over the water).
Spooner'sCreek is approximately 44' wide measured from the McLaughlin shoreline
. 0,P
the marsh on the opposite side.
E. The depth of the Creek in the middle is annrnYimnt,-.1v A, mr W
I
F. George Edwards owns Lot 31 which is two lots upstream from Dr. McLaughlin's lot
one
th same side of the Creek,
G. The ACM reviewed the permit application viz -a -viz Rule 15A NCAC 7H Section
1200 - General Permit for Construction of Piers: Docks- and Boat Houses in Estuarine and Pii'hlin
�Trust Waters.
H' On May 25, 2001, the DCM issued CAMA General Permit No. 26605-C authorizing
Aedevelopmeut proposed by Dr. McLaughlin.
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. ... ......
Resource
3
Mr. Edwards filed a third party hearing request which was not received by the Coastal
Commission until June 19, 2001, which was 25 days after the permit decision.
11T1. DCMISRECOMMENDATIQN
A. Has The Petitioner Alleged That The Decision Is Contrary TO A Statute Or Rule?
No. Mr. Edwards has not cited any statutes or rules which were violated. In fact, he
-1�ays "I am not inferring that Ted Tyndall's decision is stepping outside the guide lines: in writing
. . . . . . . . . . . t for Patrick McLaughlim...
B. Is The Petitioner Directly Affected By The Permit Decision?
Yes. Mr. Edwards is an upstream riparian property owner who would be directly
affected by the project if it has a substantial adverse impact upon navigation.
Has The PetitionerDemonstrated That The Hearing Request Is Not Frivolous?
No. The Petitioner has failed to demonstrate that his hearing request is not frivolous.
Edwards
argues that the 10' by 20'platform (8' width over water) will significantly reduce the
=value of his property and other upstream properties. He says that his lot is listed for sale at
t,,25,000.00 and will be substantially devalued if Mr. McLaughlin is allowed to build a dock as
-auth
orized. Mr. Edwards' argument is premised on the assumption that it will no longer be
possible to navigate the watercourse with a boat with a ten foot beam. He does not say that
M.
X,
navigation by smaller boats will be impossible,
A Was The Petitioner's Heating Request Timely Filed?
No, Mr. Edwards' hearing request should have been filed with the Commission within
4 20 days of the permit decision. It was filed five days after the deadline. This alone supports
rt
.":1."dicnial of his hearing request.
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4
IV. CONCLUSION
For the reasons given above, the Chairman, Coastal Resources Commission, should deny
Edwards' hearing request.
This the day of June, 2001.
FOR THE DIVISION OF
COASTAL MANAGEMENT
David G, Heeter
Assistant Attorney General
N.C, Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
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,may t
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?7'::
5
CERTIFIiCATE MERVIF
. ` This is to certify that I have caused a copy of the foregoing Recommendation Of The
Division of Coastal Management to be served upon the Petitioner by depositing a copy thereof in the
U.S. Postal Service with sufficient postage for delivery by first class mail and addressed to:
Colon Byrd
Agent for George Edwards
P.O. Box 607
Morehead City, NC 28557
is
This the day of June, 2001.
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
9O'd SO:bT T0, 97, unf Z9Z9-9TZ-6T6:Xp3 -1d1N3WN08IAN3

North CarolinaZOA
'
Department of Environment and Natural Resources •
Division of Coastal Management ��
Michael F. Easley, Governor NCDENR
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
19 June 2001
Dr. Patrick McLaughlin
4619 Arendell Street
Morehead City, NC 28557 CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Suspension of Work / Appeal of CAMA Permit Decision
Dear Dr. McLaughlin:
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has
received a request for an administrative hearing to challenge CAMA Permit 26605-C.
The Third Party Hearing Request was filed on behalf of petitioner on June 18, 2001.
Under N.C.G.S. §1 13A-121.1 (the Coastal Area Management Act), your CAMA permit
is automatically suspended upon receipt of a hearing request and will remain suspended
until either: (1) the Chairman denies the hearing request (under standards set out in the
statute); or (2) there is a final Coastal Resources Commission decision on the permit
appeal. You may not undertake any development under the permit decision until further
notice after Chairman Tomlinson issues his decision.
The Division of Coastal Management will prepare a recommendation for the
Chairman on whether to grant or deny the hearing request. The Chairman must make
a decision within 15 days after receipt of the hearing request, in this case no later than
July 3, 2001. If you wish to submit any materials for the Chairman's consideration in
ruling on the request for contested case hearing, please send them to me as soon as
possible.
Sincerely,
Donna D. Moffitt
cc: Chairman Gene Tomlinson
Ryke Longest
Jessica Gill
Ted Tyndall
Charles S. Jones
Dave Heeter
1638 Mail Service Center, Raleish, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

\1 l (MNI:Y (&NI-A(Al.
MEMORANDUM
X/, r
State of North (,arc�lina
Uc�l>�trtrrtc•ttt c)(J11�lic�c•
1'. c ). 1U)X 622)
27602-0629
TO: Eugene Tomlinson, Chairman, CRC
Donna Moffitt, DCM, Raleigh
Charles Jones, DCM, Morehead City
Ted Tyndall, DCM, Morehead City
Terre Barrett, DCM, Morehead City
Ryke Longest, DOJ
FROM: David G. Heeter A*--
Assistant Attorney General
DATE: June 19, 2001
Reply to:
David G. I leeter
Environmental Division
1'el: (919) 716-695.1
Fax: [phone]
olheeterWmmail.jus.statc.nc.LIS
JUN 2 2 2001
RC: Third Party Hearing Request by Colon Byrd for George Edwards, Carteret County
Colon Byrd, acting on behalf of George Edwards, seeks permission to challenge CAMA
General Permit No. 26605 issued to Dr. Patrick McLaughlin for the construction of a dock, boat
lift, and platform on Spooner's Creek in Morehead City. Mr. Byrd alleges that the project
adversely affects navigation. This is the permit that Craig Clark is also seeking a hearing on.
I need a copy of the permit application and any site drawings. In addition, I need the
Division's comments on the hearing request. Please respond by June 28. Chairman Tomlinson
will have to make a decision by July 5.
E P48817

t!UN. - l9' 01li'I;EI 1 _' : 30 DEHNR GOST-' L 4IG,ti,IT TEL. [phone] P. 00?
DCMFORM5 COLON BYRD, Agent for:
PETMONER'SNAME GEORGE EDWABDS
COUNTY CARTER ET
FME NUMBER
(Petitioner leave this Iine blank)
RECEIVED
JUN 19 2001-
T
001
TIAQ ST�� 1 G
RE
CAMA PERMIT DECISION
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one);
x a Local Permit Officer acting on a CA.NIA Minor Development Permit
application; or
the Division of Coastal Management, Department of Environment and
Natural Resources, acting on a CAMA Major Development Permit
application or CAMA General Permit application
hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to
N.C. Gest, Stat. § 113A -121.1(b) and N.C. Admin. Code tit. 15A, r, 71.0300 (Please arrach a
copy ofthe permit application decision. If you cannot obtain a copy of the permit application
decision, please provide the name of the permittee, the project location and the permit number.)
Requests are reviewed by the Chairman of the Coastal Resources Commission to determine
whether a hearing should be granted. The determination of whether to grant a hearing is in the
sole discretion of the Chairman. ,N.C, Admin. Code tit. 15A., r, 7J.0301(b).
For this application to be complete, the Petitioner must address each factor listed below on a
Separate sheet of paper. You must address these factors before your request will be reviewed.
The Chairman's decision to grant a hearing will be based on whether the Petitioner;
(1) Has alleged that the decision is contrary to a statute or rule [N.C. Gen. Stat. §
113A -121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C, Wren. Stat. § 113A- 12 1.1(b)(2)]; and
(Please describe how you are directly affected bY the permit decision.
Persons directly affected by a decision include, but ate not limited to:
(a) any owner of real property in the vicinity of the property to
be developed who can show that the proposed development
is libly to have a signiflcanr adverse effect on the value
and enjoyment of his property; and
(b) any person who can demonstrate a history of substantiol
use of public resources in the area directly affected by the

JUy. 19' 0� ITUE1 12:30 DEHNR DOST.4L MGMT TEL:[phone] P. ()0;;
development when the development is within or touches
upon an area subject to the public trust.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for
the hearing is not frivolous [N.C. Gen, Stat. § 113A -121.1(b)(3)).
(Please summarize the evidence or arguments you will present at a
hearing in support of your appeal.)
Based an the attached responses to the above factors, the undersigned hereby requests a thud
party hearing.
711
►fes -! J � �d d / g G�
AGENT
Date Signature of Petitio r or ttorney
COLON BYR15, AGENT FOR:
GEORGE EDWARDS
Name of Petitioner or Attorney
P.O. BOX 507
Address
MOREHEAD CITY, NC 2B557
City State Zip
( 252 j 247-4806
Telephone Number
NOTES; This request must be served on the Director, Division of Coastal Management, at
the address shown on the attached Certificate of Service Form, within twenty (30)
days of the disputed permit decision. N,C. Gen. Stat. § l 13A-121.l(b). Failure to
do so constitutes waiver of the right to request a hearing. A copy should also be
sent to the Attorney General's Office, Environmental Division, at the addresses
shown on the attached Certificate of Service Form.
Approval of a Third Party Hearing Request allows a petitioner to file a contested
case petition with the Office of Administrative Hearings within twenty (20) days
of receipt of the Chairman's Order, N.C. Oren. Stat. § 113A.121.1(b).
Deaiai of a Third Party Hearing Request is a final agency decision which may be
appealed to the Superior Court in the county where the property is located under
N.C. Gen. Stat. § 113A -121.1(b) and Chapter 150B, Article 4.

,UN. IT 0 ITI;EI 1 51 UENNR COSTAL %NIT
TEL:919 -,5 1495 P.004
CF-WnFICATE OF SERVICE
I hereby certify that this Third Parry Hearing Request has been served on the State
agencies named below by depositing copies of it with the United States Postal Service with
suMcient postage for delivery by first class mail or by personally delivering copies to the named
agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699.1638
and a copy served on: Attorney General's Of$ce
Environmental Division
P.O. sox 629
Raleigh, NC 27602-0629
This the ��day of a ,ve_ Z /
'�e , ZAf
Signature of Petitio r or Artomey
EP/30540/wp
Updated: July 14. 1999

JUN -1T OlITI;EI 12 l DEHNR COSTAL MGMT TEL:[phone] P 005
(1) I am not inferring that Ted Tyndall's decision is stepping outside the guide lines: in
writing a pormit for Patrick McLauglin, 102 Grady Court, Morehead City, NC

JUN. - 19' 1) I I TI;E I 12 1 DEHNR DOST AL `IG;NIT
TEL:919 "55 1495 P OOb
(2) As the agent for George Edwards, owner of lot 31, it is our concern that the proposed dock
affocts the potential value, sale, and future use of said lot. If Mr. McLaughlin is permitted
to build an 8 Foot dock, chis, in our opinion would impede the use of the same canal to those
property owners to the North of his lot. we would suggest that his permit be in line with other
Permits, previously issued.

H
JUN. 19 01ITLEI 12:SI DEHNR COSTAL '1Gh1T TEL.919 'DD 1495 P �)0'
(3) A. The proposed dock devalues Lot 31. Were there not deep water access. this property
would be worth about �i leas than the current tax value. In this area every foot of boat
you Cgn get 10 your dock ups the value of the property.
I am now in the process of selling lot 31 to the north of Mr. McLaughlin_ This proposed
dock will make it very difficult to sell due to lack of water space to move a boat with a
10 foot beam- The water space is there at present. but will prevent boats to the north of
his lot navigating these waters if this dock is allowed. Lot 31, listed at 5225,000, will be
aubatandally devalued if this present configuration of dock is permitted,
I have been a NC licartsed Real Estate Broker in the state of North Carolina for 21 years
in addition to being a certified ABR (accredited buyers representative), working in
commercial and residential properties; therefore I feel weU qualified to access property
value

H0 Y (:( )Ot'I:: t
kF1'()RNIiY (;IiNI:HAI-
MEMORANDUM
State of North Carolina
Del)c-trtriwrit ()f Aisti(-(,
It;\l-la(II I
37(103-O(>29
TO: Eugene Tomlinson, Chairman, CRC
Donna Moffitt, DCM, Raleigh
Charles Jones, DCM, Morehead City
Ted Tyndall, DCM, Morehead City
Terre Barrett, DCM, Morehead City
Ryke Longest, DOJ
FROM: David G. Heeter
Assistant Attorney General
DATE: June 18, 2001
Reply to:
David (i. I Iceter
Environmental Division
Tel: [phone]
Fax: (919)71(-6767
dheeterfa mail.jLis. state. nc.Lis
JUN 2 2 2001
RE: Third Party Hearing Request by Craig Clark, Carteret County
Craig Clark seeks permission to challenge CAMA General Permit No. 26605 issued to
Dr. Patrick McLaughlin for the construction of a dock, boatlife, and platform on Spooner's Creek
in Morehead City. Mr. Clark alleges that the project adversely affects navigation.
I need a copy of the permit application and any site drawings. In addition, I need the
Division's comments on the hearing request. Please respond by June 28. Chairman Tomlinson
will have to make a decision by July 3.
EP48817

June 15, 2001
Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
Dear Sirs,
Please find enclosed my request for an appeal or third party hearing. For any questions or
comments I can be reached at (252 ) 726-1405. 'Thank you for your consideration.
Sincerely,
01 4 (-)
MW
Craig W. ark
104 Grady Court
Morehead City, NC 28557
RFctj Y D
,pj 16 2001
N.C. ATTORNEY GENERAL
Environmental Division

1. I am not saying; that Ted "Tyndall has stepped outside of the guide lines; in writing
a permit for Patrick McLaughlin, 102 Grady Court, Morehead City, NC.

2. 1 am saying that this proposed clock will severely reduce the value of my property!
The narrow deep water canal won't be of any use if it's cluttered up with docks
that extend farther out than need be.
I also commercially fish for grouper and in the near future I was looking to get a
larger boat. If the proposed dock is built it will eliminate my chance to get a
larger boat, let alone being a navigational obstruction.
1f Patrick builds an 8 ft. dock and ties up a 10 ft. wide boat then the property
across the canal is developed and they do the same, that takes up 36 ft. of only
a 49 ft. wide canal, at it's widest point, actually, navigable water is only about
20 ft. in the middle on paper, that leaves 13 ft. of channel for a boat to get
through, that is just too tight.
1 propose that my neighbor get a 5 ft. clock, just like 1 was given 2 years ago. if
the dock drops from 8 ft. to 5 ft. that gives the neighbors G more feet down the
center to get their boats out if their boats are 10 ft. wide, that is only 4 1/2 ft. of
clearance on either side. "That is tight but 13 ft. is a foot and a half of clearance
on the sides and will cause a lot of problems.

3. My concerns are definitely not frivolous and are worth fighting for.
A. The proposed dock would considerably devalue my property, if there
wasn't any deep water access, my property would be worth about 1/2 less
of the current tax value. So for every foot of boat that you can get to your
dock the property value goes up accordingly.
1 am a N.C. licensed Realtor and have been for 15 years and I am well
qualified to access property value.
13. The proposed clock would hinder my commercial Fishing business and
eliminate all opportunity for a larger boat.

In closing, I have shared my thoughts and concerns, and 1 hope that you would
grant Patrick the the same size dock, (5 ft.) that I was given 2 years ago.
I welcome your calls or correspondence. My number is [phone].
Sincere v
Craig W. ClaYk

North Carolina
Department 2f Environment and Natural Resources
I7ivisi6n of Coastal Management
Michael F. Easley, Governor
Bila Ross, Secretary
Donna D. Moffitt, Director
May 30, 2001
Mr. Craig Clark
104 Grady Court
Morehead City, NC 28557
Dear Mr. Clark:
ern
NCDENR
This correspondence is in reference to your letter of objection to a proposed dock, boatlift
and platform project by your downstream adjacent riparian property owner, Dr. Patrick
McLaughlin. The property is located at 102 Grady Court, adjacent to the north prong of Spooner's
Creek in Morehead City, Carteret County. The proposed project involves the construction of a 6'
X 50' side -to -dock (4' width over the water) with an adjacent 10' X 11' uncovered boatlift and a
10' X 20' platform (8' width over the water).
Your objections focused on the potential impact of the dock to navigation along the narrow
creek and potentially impeding your ability to access your dock. The North Carolina Division of
Coastal Management (DCM) has given your objections careful consideration and worked with the
applicant to insure that the project does adversely affect navigation. As such, the project was
modified to a design that the Division believed would not adversely affect navigation on the creek.
Therefore, the DCM has determined that the project is consistent with 15A NCAC 07H.1200 —
GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN
ESTUARINE AND PUBLIC TRUST WATERS. Consequently, CAMA General Permit #26605
was issued to Dr. McLaughlin for the dock, boatlift and platform described above.
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environment and Natural Resources within 20
days of the permit decision. If you have any questions regarding this matter, please don't hesitate
to contact me at my Morehead City office (252-808-2808).
Sincerely,
! /n-GJ1rC.�144
M. Ted Ty�idall
District Manager
cc: Charles S. Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
Morehead City District, 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr,state.nc.us/
AN EQUAL OPPORTUNITY l AFFIRMATM ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

DCM FORM 5
PETITIONER'S NAME CRAIG W. CLARK
COUNTY
FILE NUMBER
CARTERET
(Petitioner leave this line blank)
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DECISION
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
X a Local Permit Officer acting on a CAMA Minor Development Permit
application; or
the Division of Coastal Management, Department of Environment and
Natural Resources, acting on a CAMA Major Development Permit
application or CAMA General Permit application
hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to
N.C. Gen. Stat. § 113A -121.1(b) and N.C. Admin. Code tit. 15A, r. 7J.0300 (Please attach a
copy of the permit application decision. If you cannot obtain a copy of the permit application
decision, please provide the name of the permittee, the project location and the permit number.)
Requests are reviewed by the Chairman of the Coastal Resources Commission to determine
whether a hearing should be granted. The determination of whether to grant a hearing is in the
sole discretion of the Chairman. N.C. Admin. Code tit. 15A, r. 7J.0301(b).
For this application to be complete, the Petitioner must address each factor listed below on a
separate sheet of paper. You must address these factors before your request will be reviewed.
The Chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule (N.C. Gen. Stat. §
113A -121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C. Gen. Stat. § 113A -121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision.
Persons directly affected by a decision include, but are not limited to:
(a) any owner of real property in the vicinity of the property to
be developed who can show that the proposed development
is likely to have a significant adverse effect on the value
and enjoyment of his property; and
(b) any person who can demonstrate a history of substantial
use ofpublic resources in the area directly affected by the

development when the development is within or touches
upon an area subject to the public trust.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for
the hearing is not frivolous [N.C. Gen. Stat. § 113A -121.1(b)(3)].
(Please summarize the evidence or arguments you will present at a
hearing in support of your appeal.)
,Based on the attached responses to the above factors, the undersigned hereby requests a third
party hearing.
JUNE 14, 2001
DateSignature of 4LP oner or Attorney
CRAIG W. CLARK
Name of Petitioner or Attorney
104 GRADY COURT
Address
MOREHEAD CITY NC 28557
City State Zip
( 252 ) 726-1405
Telephone Number
NOTES: This request must be served on the Director, Division of Coastal Management, at
the address shown on the attached Certificate of Service Form, within twenty (20)
days of the disputed permit decision. N.C. Gen. Stat. § 113A -121.1(b). Failure to
do so constitutes waiver of the right to request a hearing. A copy should also be
sent to the Attorney General's Office, Environmental Division, at the addresses
shown on the attached Certificate of Service Form.
Approval of a Third Party Hearing Request allows a petitioner to file a contested
case petition with the Office of Administrative Hearings within twenty (20) days
of receipt of the Chairman's Order. N.C. Gen. Stat. § 113A -121.1(b).
Denial of a Third Party Hearing Request is a final agency decision which may be
appealed to the Superior Court in the county where the property is located under
N.C. Gen. Stat. § 113A -121.1(b) and Chapter 150B, Article 4.

CERTIFICATE OF SERVICE
I hereby certify that this Third Party Hearing Request has been served on the State
agencies named below by depositing copies of it with the United States Postal Service with
sufficient postage for delivery by first class mail or by personally delivering copies to the named
agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
and a copy served on: Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
This the 14TH day of JUNE
EP/30540/wp
Updated: July 14, 1999
2001
Signature of Petitio r or Attorney

MONITORING & COMPLETION REPORT
[CAMA Major Development & State Dredge & Fill Permits]
PERMITTEE'S NAME-�.� ' �.' .
PERMIT(cI0
LOCATION:
FIELD REP.
PHONE: c�nci r DATE REPORTEDLY COMPLETE: 0
�t
DATE OF INSPECTION
1) Do the sured dimensions of the development differ from those indicated in the permit and workplat?
YES/ O ircle one].
COMMENT:
2) SEDIMENTATION & EROSION CONTROL: Has Permittee seeded, grassed, or otherwise stabilized all
disturbed areas? YES/NO [circle one]
COMMENT:
3) FUTURE MONITORING & ENFORCEMENT ACTION: Is further investigation or enforcement action
needed? YESt� [circle one].
COMMENT:

I t( )Y ('()()1 11 t
1 FT( )IM:Y (;I:NH t.\l.
MEMORANDUM
State of North Carolina
Del)zirtntent Of AistW(.,
11. O. 1iox (i�!S)
27(jO2-( (i:2!)
TO: Eugene Tomlinson, Chairman, CRC
Donna Moffitt, DCM, Raleigh
Charles Jones, DCM, Morehead City
Ted Tyndall, DCM, Morehead City
Terre Barrett, DCM, Morehead City
Ryke Longest, DOJ
1
FROM: David G. Heeter��
Assistant Attorney General
DATE: June 18, 2001
/i
Reply to:
David G. I teeter
Environmental Division
Tel: [phone]
Fax: [phone]
dhecter(rrmai I.j us.state.nc.us
JUN 2 2 2001
RE: Third Party Hearing Request by Craig Clark, Carteret County
Craig Clark seeks permission to challenge CAMA General Permit No. 26605 issued to
Dr. Patrick McLaughlin for the construction of a dock, boatlife, and platform on Spooner's Creek
in Morehead City. Mr. Clark alleges that the project adversely affects navigation.
I need a copy of the permit application and any site drawings. In addition, I need the
Division's comments on the hearing request. Please respond by June 28. Chairman Tomlinson
will have to make a decision by July 3.
EP48817

June 15, 2001
Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
Dear Sirs,
Please find enclosed my request for an appeal or third party hearing. For any questions or
comments I can be reached at (252 ) 726-1405. 'thank you for your consideration.
Sincerely,
Craig W. ark
104 Grady Court
Morehead City, NC 28557
R EC EIVD
,Ium 16 2001
1y,0. ATTORNEY GENERAL
Environmental Division

(. I am not saying that 'red Tyndall has stepped outside of the guide lines; in writing
a permit for Patrick McLaughlin, 102 Grady Court, Morehead City, NC.

2. I am saying that this proposed clock will severely reduce the value of my property!
The narrow deep water canal won't be of any use if it's cluttered up with clocks
that extend farther out than need be.
I also commercially fish for grouper and in the near future I was looking to get a
larger boat. If the proposed dock is built it will eliminate my chance to get a
larger boat, let alone being a navigational obstruction.
If Patrick builds an 8 ft. dock and ties up a 10 ft. wide boat then the property
across the canal is developed and they do the same, that takes up 36 ft. of only
a 49 ft. wide canal, at it's widest point, actually, navigable water is only about
20 ft. in the middle on paper, that leaves 13 ft. of channel for a boat to get
through, that is just too tight.
I propose that my neighbor get a 5 ft. dock, just like I was given 2 years ago. If
the dock drops from 8 ft. to 5 ft. that gives the neighbors 6 more feet down the
center to get their boats out if their boats are 10 ft. wide, that is only 4 1/2 ft. of
clearance on either side. That is tight but 13 ft. is a foot and a half of clearance
on the sides and will cause a lot of problems.

3. My concerns are definitely not frivolous and are worth fighting for.
A. The proposed dock would considerably devalue my property, if there
wasn't any deep water access, my property would be worth about 1/2 less
of the current tax value. So for every foot of boat that you can get to your
dock the property value goes up accordingly.
1 am a N.C. licensed Realtor and have been for 15 years and 1 am well
qualified to access property value.
It. The proposed dock would hinder my commercial fishing business and
eliminate all opportunity for a larger boat.

In closing, I have shared my thoughts and concerns, and I hope that you would
grant Patrick the the same sire dock, (5 ft.) that 1 was given 2 years ago.
I welcome your calls or correspondence. My number is [phone].
Sincere -
�j
Craig W. ClaYk

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
Bill Ross, Secretary
Donna D. Moffitt, Director
May 30, 2001
Mr. Craig Clark
104 Grady Court
Morehead City, NC 28557
Dear Mr. CIark:
NCDENR
This correspondence is in reference to your letter of objection to a proposed dock, boatlift
and platform project by your downstream adjacent riparian property owner, Dr. Patrick
McLaughlin. The property is located at 102 Grady Court, adjacent to the north prong of Spooner's
Creek in Morehead City, Carteret County. The proposed project involves the construction of a 6'
X 50' side -to -dock (4' width over the water) with an adjacent 10' X 11' uncovered boatlift and a
10' X 20' platform (8' width over the water).
Your objections focused on the potential impact of the dock to navigation along the narrow
creek and potentially impeding your ability to access your dock. The North Carolina Division of
Coastal Management (DCM) has given your objections careful consideration and worked with the
applicant to insure that the project does adversely affect navigation. As such, the project was
modified to a design that the Division believed would not adversely affect navigation on the creek.
Therefore, the DCM has determined that the project is consistent with 15A NCAC 07H.1200 —
GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT HOUSES IN
ESTUARINE AND PUBLIC TRUST WATERS. Consequently, CAMA General Permit #26605
was issued to Dr. McLaughlin for the dock, boatlift and platform described above.
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environment and Natural Resources within 20
days of the permit decision. If you have any questions regarding this matter, please don't hesitate
to contact me at my Morehead City office (252-808-2808).
Sincerely,
M. Ted Ty2L11
District Manager
cc: Charles S. Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
Morehead City District, 151-B Hwy. 24, Hestron Plaza 11, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 54% RECYCLED / Io% POST CONSUMER PAPER

DCM FORM 5
PETITIONER'S NAME
COUNTY
FILE NUMBER
CRAIG W. CLARK
CARTERET
(Petitioner leave this line blank)
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DECISION
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
X a Local Permit Officer acting on a CAMA Minor Development Permit
application; or
the Division of Coastal Management, Department of Environment and
Natural Resources, acting on a CAMA Major Development Permit
application or CAMA General Permit application
hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to
N.C. Gen. Stat. § 113A-121.l(b) and N.C. Admin. Code tit. 15A, r. 7J.0300 (Please attach a
copy of the permit application decision. If you cannot obtain a copy of the permit application
decision, please provide the name of the permittee, the project location and the permit number.)
Requests are reviewed by the Chairman of the Coastal Resources Commission to determine
whether a hearing should be granted. The determination of whether to grant a hearing is in the
sole discretion of the Chairman. N.C. Admin. Code tit. 15A, r. 7J.0301(b).
For this application to be complete, the Petitioner must address each factor listed below on a
separate sheet of paper. You must address these factors before your request will be reviewed.
The Chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule [N.C. Gen. Stat. §
113A -121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision (N.C. Gen. Stat. § 113A -121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision.
Persons directly affected by a decision include, but are not limited to. -
(a) any owner of real property in the vicinity of the property to
be developed who can show that the proposed development
is likely to have a significant adverse effect on the value
and enjoyment of his property; and
(b) any person who can demonstrate a history of substantial
use of public resources in the area directly affected by the

development when the development is within or touches
upon an area subject to the public trust.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for
the hearing is not frivolous [N.C. Gen. Stat. § 113A -121.1(b)(3)].
(Please summarize the evidence or arguments you will present at a
hearing in support of your appeal.)
Based on the attached responses to the above factors, the undersigned hereby requests a third
party hearing.
JUNE 14, 2001
Date
Signature of P oner or Attorney
CRAIG W. CLARK
Name of Petitioner or Attorney
104 GRADY COURT
Address
MOREHEAD CITY NC 28557
City State Zip
( 252 726-1405
Telephone Number
NOTES: This request must be served on the Director, Division of Coastal Management, at
the address shown on the attached Certificate of Service Form, within twenty (20)
days of the disputed permit decision. N.C. Gen. Stat. § 113A-121.l(b). Failure to
do so constitutes waiver of the right to request a hearing. A copy should also be
sent to the Attorney General's Office, Environmental Division, at the addresses
shown on the attached Certificate of Service Form.
Approval of a Third Party Hearing Request allows a petitioner to file a contested
case petition with the Office of Administrative Hearings within twenty (20) days
of receipt of the Chairman's Order. N.C. Gen. Stat. § 113A -121.1(b).
Denial of a Third Party Hearing Request is a final agency decision which may be
appealed to the Superior Court in the county where the property is located under
N.C. Gen. Stat. § 113A -121.1(b) and Chapter 150B, Article 4.

CERTIFICATE OF SERVICE
I hereby certify that this Third Party Hearing Request has been served on the State
agencies named below by depositing copies of it with the United States Postal Service with
sufficient postage for delivery by first class mail or by personally delivering copies to the named
agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
and a copy served on: Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
This the 14Tf1 day of JUNE 2001
Signature of Petitio r or Attorney
EP/30540/wp
Updated: July 14, 1999