26997_O'NEAL, GRADY_20001031

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CAMA and DREDGE AND FILL 2697
G E N E R A L
PERMIT
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
Applicant Name Phone Number
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
State
zip
PROJECT DESCRIPTION SKETCH
(SCALE:
Pier (dock) Length
t
Groin Length
number
Bulkhead Length
max. distance offshore
f-
l�)
._
-
Basin, channel dimensions
-
cubic yards
Boat ramp dimensions / m'
_
t !
(Z
-
-
OtherT
T
,41t
44Lt
1
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions. Any violation of these terms
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.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
applicant's signature
1.,
permit officer's signature
issuing date expiration date
attachments
application fee

GRADY M O'NEAL
GAYLE G O'NEAL
PH. 252-249-2012
279 WIGGINS POINT RD
ORIENTAL, NC 28571
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BB&T
BRANCH BANKING AND TRUST COMPANY
NEW BERN, NORTH CAROLINA
1:0 3LOLL2-11:52La31,737We
1773
t� 66-112/531
talc LJ 01901
/mac"
1773
$ /L�Dti4
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ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER/MOORING PILINGS/ROATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to (57 ,QA D \/ AIE,4 L is
(Name of Property Owner)
Property located at n 2 rJ LO 7—
(Lot, Block, Road, etc.)
on 7Z;a7fz-PX N C14 "P tL , in o9g 1 IC/Ur�3- (---- , N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boadift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
,1 �-I
Si4 wish to waive that setback requirement.
DESCRIPTION AND/OR DRA«'ING OF PROPOSED DEVELOP'NfE.N-T:
(To be filled in by individual proposing development)
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Date: () -Z,g-- Cy-

�021[Kffl,40
DIVISION OF COASTAL RIANAGERIENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Individual applying for Permit: QA D > 1p I C
Address of Property:---L © oq, A/ � [)
0 7- /S
(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 d,nwing the development
they are proposing. A desc.;p6on or drawing, with dimensions, should be provided letter. p ta,.d with this
----� I have no objections to this proposal
If you have objections to what is being proposed, please write the Division of Coastal
Management, Hestro n plate II 1 51-B Hw
> y. 4, Morehead City, .�'C, ?8��7 or call (�� �) 808-
2808 wuhin 10 days of receipt of this notice. No response is considered the same as no obiection
if you have been notijzed by Cert ed Mail.
WAIVER SECTION
I understand that a pier, dock, moor'ng pilings, breakwater, boat house, lift or sandbzcs must be
set back a minimum distance of 15' i; om my area of ripar,'an access unless waived by me. (If you
sh to waive the setback, you must initial the appropriate blank below.)
JIL�
I do wish to waive the 1 d' setback requirement.
I do not wish to waive the 15' setback requirement.
nature Date
- ,
Tint fame _
�i¢GZ"T Lt �C-7 -� C's
Telephone Number Tith Area Code

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Division of Coastal Management
Hestron Plaza 2
151-B, Hwy 24 ;
Morehead City, NC 28557
Dear Mr. Tyndall,
Today I received a certified letter requesting a waiver for Mr. Grady O'Neil to dredge Lot
15, at 402 Ragan Road in Oriental. He purports the silt was "disturbed" by his recent
excavation of the natural tree line that existed until one day (less than 24 hours!) after his
purchase of the property. He also mentioned his dock construction endeavor contributed
to the silt deposition.
From CAMA's current issues:
"Property owners may cut vegetation inside the buffer, but land -disturbing activities are �(y
limited. Grading, filling and excavating in the buffer generally will not be allowed."
http://dcm2.enr.state.nc.us/Current%20lssues/current mainpa
Mr. O'Neil decimated virtually the entire buffer water area that existed and constructed a
seawall and extensive dock system --all without regard for existing structures nor
preservation of what was then, prime aviary and estuary breeding season. He also did
damage to, and his agents left debris on my property in the course of his building
endeavors. Despite several requests on my part, Mr. O'Neil made no effort at repairs
until I had consulted with the County Magistrate and threatened civil action. To this day,
trash and debris from Mr. O'Neil's building site sullies his property and mine, despite his
promise of containment months ago.
For the above —and several other reasons, I am reluctant and do not waiver favorably for
Mr. O'Neil's request.
Respectfully,
Charlene M. Mor is
400 Ragan Road
Oriental, NC 28571-9644
10/25/00

! ■ Complete iteins 1, 2, and 3. Also complete
i item 4 if Restricted Delivery is desired.
? B Print your name and address on the reverse
so that we ,an return the card to you.
t ■ Attach this card to the back of the mailpiece,
car on the front if space permits.
j 1. Article Addressed to:
R 4 69 I'IP-5 RiCK MBfRR)S
56 pp-c' /a-tj R ©q c�
R r E N71+L nl c- 2-
A. Received by (Please Print Clearly) B. Date of Delivery
. �pJ
C. Te
X gent
❑ Addressee
D. Is delivery dr different from item 1? ❑ Yes
If YES, ent r ivery address below: ❑ No
3. Service Type
❑ Certified 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 label�6 � �
r `lWtJl i/ �
PS Form 3811, July 1999
Domestic Return Receipt
102595-99-M-1789

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
c R A`D,\) O'N EAL
2`7 I
R t rvr/i N c- `71

Ms. Charlene M. Morris
Page 2
November 1, 2000
I hope this letter addresses your comments. Also, if you wish to appeal the 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 Mr. Scott Jones or me at our
Morehead City Office (252-808-2808).
Sincerely,
M. Ted Tyndall
District Manager
Enclosure
cc: Charles Jones - Assistant Director, DCM
Scott Jones - Field Representative, DCM
Deborah Sawyer - DWQ, Washington w/attachments

,•l
NCDENR
JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
DONNA D. MOFFITT
DIRECTOR
l
NORTH CAROLINA DEPAR MENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
November 1, 2000
Ms. Charlene M. Morris
400 Ragan Road
Oriental, NC 28571-9644
Dear Ms. Morris:
Thank you for your letter of October 25, 2000 concerning your adjacent riparian
property owner, Mr. Grady O'Neal. In your letter you state several objections to his
proposed dredging of the canal adjacent to his lot. The project is located adjacent to
Tarpon Canal, at 402 Ragan Drive, in the Town of Oriental, Pamlico County. The
proposed project involves excavation of the canal in an area immediately waterward of
the recently bulkhead and measures 12' X 42'.
You voiced a reluctance to "waiver favorably" for Mr. O'Neal's request. General
permits issued by the Division of Coastal Management require either a written statement
from the adjacent riparian property owner that they have no objections; or confirmation
that the neighbors have been notified by certified mail of the proposed work and are
afforded the opportunity to provide comments to the Division, as you have done.
Based on the General and Specific Use Standards found in the regulations for the
General Permit for Excavation Within or Connecting to Existing Canals: Basins: or
Ditches in Estuarine Waters: Public Trust Areas: and Estuarine Shoreline Areas of
Environmental Concern, there is no setback requirement from the riparian lines.
Therefore no "waiver" from you, as adjacent riparian property owner, is required.
Rest assured that the Division has given your comments serious consideration and has
determined that the project is in compliance with the pertinent rules. Therefore, on
October 31, 2000, the Division issued CAMA General Permit #26997-C to Mr. O'Neal
for the excavation project.
In your letter you also mentioned some buffer issues associated with an earlier project.
The Division of Coastal Management shares your concerns over the need to protect the
fragile estuarine system as evidenced by the new buffer rules that went into effect in
August. But please note that the Division's buffer rules do not apply along those coastal
shorelines where the Environmental Management Commission (EMC) has adopted its
own buffer standards (currently the Neuse and Tar -Pamlico basins). Ms. Deborah
Sawyer with the Division of Water Quality (252-946-6481) has been forwarded a copy of
the earlier bulkhead and dock permit and I am forwarding her a copy of your letter with
attachments. You may want to speak with her regarding your situation.
MOREHEAD CITY OFFICE
HESTRON PLAZA II, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
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