27005_SADLER, LESTER H_20001027

CAMA and DREDGE
G E N E
PERM
as authorized by the State o
Department of Environment
in an area of environmental
16U) Js(,
AND FILL
RAL �=
IT
f North Carolina
and Natural Resources and the Coastal Resources Commission
concern pursuant to 15 NCAC .. I r
Applicant Name 4'_'r ... Phone Number :711�yw
Address
City
Project Location (County, State Road, Water Body, etc.)
State zip'
i�
Type of Project Activity
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
permit officer's signature
issuing date expiration date
attachments
application fee

BEAUFORT,
NORTH CAROLINA
'� sr
N/F
f N Sr F'»
Fk S7
TAYLORS CREEK
VICINITY MAP
DIGITIZED FROM AERIAL, NO SCALE
LEGEND
AC - ACRES
CO - SEWER CLEANOUT
OB - DEED BOOK
ECM - EXISTING CONCRETE MONKIMENT
EM - EIOS TING IRON A)a E.
EF - EXIB TIIG IRON PIPE
EIR - E)USTMG IRON ROD
ELEC - ELECTRIC
EPK - EXISTMG PK NAE
FH - FIRE HYDRANT
HMM - MGH WATER MART(
IRS - IRON ROD SET
LPLK04T POLE
MB MAP BOOK
MBI - W%IIM ltl 9ULDtW LIE
N/F NOW OR FORMERLY
PG PAGE
POB - POINT OF 9EGINNING
R/W - RK,;HT OF WAY 1
SF - SOUARE FEET
:et[rncrt �`
TY - CABLE TV
U - OVERHEAD UTILITY LIE
UP - UTILITY POLE
WM - WATER METER
0 - CONTROL CORNER
0 - CONCRETE CONTROL CORNER
AREA -
BY DMD
(AREA INCLUDING R/W OF FRONT ST)
14,623 SF +/-
0.34 AC+/-
REFERENCES
DB 821 PG 268
0
3 PILE DOLPHIN
O
0
0
3 PILE DOLPHIN /
S 78°2]'35'
N/F
KINCHELOE SADLER
DB 804 PG 752 DB 821 PG 268
�
STRUCTURES h0
\ NOT LOCATED �Cpb.p
nj
EIP
V
I 3 2 3NS
7 0 \\CSC
# CONCRETE SIDEWALK \
AND DRIVE -WAY
EIR
NOT LOCATED R�
N/F
KINCHELOE
DE 804 PG 752
Rz#v-
N/F
DAVIS
DB 378 PG 403
Vs p�
tRE'NCtR
R�FBOCK
HARBOR
LINE
f UAP B OF f
6/x/39 ORT NC
Ill S5 4/~
N/F
DAVIS
DB 378 PG 403
■ice
NN.
1 1 20 41 61
■■■■■■■■■■
GRAPHIC SCALE - FEET
■■■■■■■■■■
8 9
CNA ?AYLpD -
NN�L As P .` �S CR
Ro PHYSICAL SURVEY OF
SACS, SAP
PORTION LOT 1'7, FRONT ST
BEA UFOR T , NORTH CAROLINA
TO11'NSHIP: BEAUFORT COUNTY: CARTERET STATE: NORTH CAROLINA
I, STEVEN D. POWERS, cERTAFr THAT Tins suRVEr Is GF AN ExrsnNG PARCEL of cANO. CLIENT: LESTER H. do CAROL L. SADLER DATE: 9/24/99 SCALE: I' - 20'
/, STEVEN D. PON£gS, CER7FY THAT PWS PLAT WAS ORAN7V UAbE'R MY SUPERVISION, FROM AN ACTUAL SURVEY P.O. BOX 7O2 PROJECT: 99125 JOB: 99125
MADE OWER MY SUPERVTSAOW (DEED DESCRIPTION RECORDED IN BOOK ___,PAGE ___): THAT TME BOUA9OAR>ES ADDRESS;
NOT SURVEYED ARE CLEARL Y IADICATED AS DRAWN FROM AWORMAROW FOUND IN BOGY ____,PAGE YANCEVILLE, NC 27379 TAX PARCEL 730506384959
TM4T TNF RATIO OF PRECISION AS CALCUA TED IS /:, TNAr THIS PLAT WAS PREPARED IN
ACCORDANCE WITH G.S. d7-30 AS AWAVED. WITAESS MY ORIGINAL S1GN41TURE, 252-728-4667 375346 0003 D 10/18/99
REGISTRATION NUWBER AND SEAL TNI$ DAY OF 'A.D., 19---. PHONE: FLOOD ZONE:
STEVEN D. POWERS L -P994
OFFICE: 252-728-2202 PO BOX 261, HARKERS ISLAND NC 28531 FAX: [phone]

n �Q' Z 060 569 748
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
a
Q
O
O
O
(n
E
0
0
LL
0-
5e tto
ILL5 -
S 111Trberi�—�
st office, tate, Z,jP C�pde
Postage
$
Certified Fee
f
Special Delivery Fee
Restricted Delivery Fee
Retum Receipt Showing to
Whom & Date Delivered
Retum Receipt Showing to Whom,
Date, & Addressee's Address
TOTAL Postage & Fees
$
Postmark or Date

ick postage stamps to article to cover First -Class postage, certified mail fee, and
arges for any selected optional services (See front).
If you want this receipt postmarked, stick the gummed stub to the right of the return
ddress leaving the receipt attached, and present the article at a post office service
indow or hand it to your rural carrier (no extra charge).
If you do not want this receipt postmarked, stick the gummed stub to the right of the
return address of the article, date, detach, and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified mail number and your name and address
on a return receipt card, Form 3811, and attach it to the front of the article by means of the
gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article
RETURN RECEIPT REQUESTED adjacent to the number.
4. if you want delivery restricted to the addressee, or to an authorized agent of the
addressee, endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this
receipt. If return receipt is requested, check the applicable blocks in item t of Form 3811.
6. Save this receipt and present f if you make an inquiry. 102595-97-8-0145
n
Q

UNITED STATES POSTAL SERVICE
1
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
NC DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA II, 151-B, HWY, 24
MOREHEAD CITY, NC 28557
[phone]
5E.

d SENDER:
{ L3 ■ Complete items 1 and/or 2 for additional services.
to ■ Complete items 3, 4a, and 4b.
+ at ■ Print your name and address on the reverse of this form so that we can return this
card to you.
41 ■ Attach this form to the front of the mailpiece, or on the back it space does not
Lpermit.
■ Write "Return Receipt Requested" on the mailpiece below the article number.
t ■ The Return Receipt will show to whom the article was delivered and the date
+- delivered.
j o 3. Article Addressed to: 'a. Articie
o`R, 4b. Service Type
fc ❑ Registered
❑ E M
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
5. Received By: (Print Name)
f6. Signatur
1�
X
w PS Form 3811, December 1994
1
xpfoss all
Return Receipt for Merchandise
7Dt fDl'
(
ertified
C3insured
[I GOD `
a e o e very
8. Addressee's Address (Only if requested
and fee is paid)
102595-9e-13-0229 Domestic Return Receipt

ATA7Tn
State of North Carolina
MICIIAEL F. HAS1.1:Y I)c1mr1l) cni (43t)tilicc Reply to:
A'17 H(NFY GENERAL 1'. O. M )X G29 James P. Longest, Jr.
Environmental Division
Iti\LI:I(;I i Tel: [phone]
2 760 2 OG2 S) Fax: [phone]
Er
October 19, 2000_;=
o c T 42 0 2000
Lester H. Sadler CERTIFIED MAIL �
P.O. Box 702 RETURN RECEIPT REQUESTED C(0-4 Tk�.! anEj i
Yanceyville, N.C. 27379 ---7,
Re: Final Order granting variance request
Dear Mr. Sadler:
Please find enclosed the Final Order granting your Variance Request. After receiving this
Order, the Division of Coastal Managment may continue processing your permit. If you have
any further questions, feel free to contact me. I wish you the best.
Very truly yours,
I
Ryke Longest
Special Deputy Attorney General
Enclosure
cc: Merrie Jo Alcoke
Donna Moffitt
Charles Jones
ep/44099
MWoro

COUNTY OF CARTERET
IN THE MATTER OF: )
PETITION FOR VARIANCE )
BY LESTER H. SADLER )
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC -00-20
FINAL ORDER
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on September
29, 2000, in New Bern, North Carolina pursuant to N.C.G.S. § 113A-120.1 and T15A NCAC
7J.0700, e e . Assistant Attorney General Meredith Jo Alcoke appeared for the Department of
Environment and Natural Resources, Division of Coastal Management; Petitioner Lester Sadler
appeared pro se.
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
FINDINGS OF FACT
1. Petitioner's property is located at 913 Front Street on Taylor's Creek, in Beaufort,
Carteret County, North Carolina.
2. Petitioner's property is 38.84 feet wide at the water's edge. The lot faces Taylor's
Creek at an angle, similar to the adjacent property owners' lots. See Petitioner's Variance
Request, Petitioner's Attachment E.
3. On the east side of Petitioner's property at 915 Front Street, a permit for a pier
and mooring pilings was issued to Bertha C. Davis on March 3, 1998. Ms. Davis' pier extends

out generally parallel with the property line. Further east at 917 Front Street, another pier exists
which is also generally parallel with the property line.
4. On the west side of Petitioner's property at 911 Front Street, no pier exists.
Further to the west at 909 Front Street, a pier exists which is generally parallel to the property
line. There are shared pilings (dolphins) between the properties at 911 and 909 that are also
generally parallel to the property line.
This particular area of Beaufort on Taylor's Creek has been "built out" for many
years. Due to the configuration of the shoreline, piers at this location have historically been
placed parallel to one another and generally extending out from the property line with some
irregularities.
6. On September 24, 1999, Petitioner submitted a surveyed plat and request to
replace his existing pier with a floating pier that is 48 feet long.
7. Rule 15A NCAC 7H .0208(b)(6)(L) governs the placement of docks and piers in
public trust waters and requires that piers "shall not interfere with the access to any riparian
property and shall have a minimum setback of 15 feet between any part of the pier and the
adjacent property owner's areas of riparian access."
8. By letter dated April 18, 2000, DCM denied Petitioner's request for a permit
based on the project's inconsistency with the above-cited rule.
9. According to Rule 15A NCAC 7H .0208(b)(6)(L), the line of division of areas of
riparian access shall be established by drawing a line along the channel or deep water in front of
the properties, then drawing a line perpendicular to the line of the channel so that it intersects
with the shore at the point the upland property line meets the water's edge. The minimum
K

setback provided in the rule may be waived by the written agreement of the adjacent riparian
owner(s) or when two adjoining riparian owners are co -applicants ... The minimum setback
provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or
when two adjoining riparian owners are co -applicants.
10. Applying this rule to Petitioner's property and drawing a line from Taylor's Creek
Channel back to Petitioner's upland property line results in a riparian configuration that is
different than the other piers in the area. Specifically, it requires that Petitioner's pier must be
angled more eastward, so much so that it cannot meet the 15 foot setback from the eastern
adjacent property owner's riparian area.
11. Petitioner has not obtained a waiver from the adjacent property owners waiving
the 15 foot setback.
12. Petitioner filed a variance request on July 3, 2000, asking that the Commission
grant a variance from Rule 15A NCAC 7H .0208(b)(6)(L).
CONCLUSIONS OF LAW
I. The CRC has jurisdiction over the parties and the subject matter.
2. The parties have been correctly designated and there is no question of misjoinder
or nonjoinder of parties.
3. All notices for the proceeding were adequate and proper.
4. The Commission concludes that the application of 15A NCAC 7H .0208(b)(6)(L)
will cause practical difficulties or unnecessary hardships for Petitioner.
5. Petitioner's hardship does result from conditions peculiar to Petitioner's property.
6. Conditions peculiar to Petitioner's property could not have been anticipated when
3

the applicable guidelines, rules, standards, or restrictions were adopted.
7. The proposed development is consistent with the spirit, purpose and intent of the
Commission's regulations.
THEREFORE, the petition for variance from 15A NCAC 7H .0208(b)(6)(L) is
GRANTED.
This the day of
`, 2000.
6 Lr 6 . -
Eugene B. Tomlinson, Jr., Chairman
Coastal Resources Commission
M

r ;
MICHAEL F. EASLEY
ATTORNEY GENERAL
State of North Carolina
Department of Justice
Y. O. Box 629
RALEIGH
27602-0629
July 10, 2000
Mr. Lester H. Sadler
P.O. Box 702
Yanceyville, NC 27379
Re: CAMA Variance Request
Dear Mr. Sadler:
Rep 4UI 1 2000
Meme. A coke
Environmental Division
Tel: [phone]
Fax: [phone]
The Division of Coastal Management received your CAMA Variance Request on July 3,
2000. Unfortunately, the Request was not filed in time to be heard at the July meeting of the
Coastal Resources Commission (CRC). The CRC's rules on variance procedures provide, in
pertinent part, that
A variance request will be considered by the Commission at a regularly scheduled
meeting. Petitions will be scheduled no later than the second regularly scheduled
meeting following the date of receipt of the petition by the Division of Coastal
Management, except when a later meeting is agreed upon by the petitioner and the
Division of Coastal Management. A complete variance petition ... must be
received by the Division of Coastal Management a minimum of four weeks in
advance of a regularly scheduled commission meeting to be considered at that
meeting.
15A NCAC 7J .0701(f). In this case, the four week deadline fell on June 29, 2000. Since the
rule explicitly requires that petitions must be received four weeks in advance, the Division will
schedule your petition to be heard at the September meeting of the CRC in New Bern, North
Carolina. I will contact you about developing stipulated facts prior to that meeting.
Since your variance will be heard at the September meeting of the CRC, it may be
necessary to agree to a stay of the contested case proceeding which you have also filed in this
matter. The hearing is scheduled for September 18, and the CRC meeting is September 28-29,
2000. Also, since you have filed both an appeal of the permit decision and a variance petition,
the rules require that you must agree that the time required to consider the petition shall not be
counted in calculating the 180 day time period allowed for disposition of the appeal. 15A NCAC
N'sumW

Mr. Lester H. Sadler
July 10, 2000
Page 2
7J .0701(d). I have enclosed the rules in the North Carolina Administrative Code which explain
this and all of the variance petition procedures.
As a final matter, I have spoken a few times with Mr. Paul Pulley regarding this case. ]
most recently left him a message at 252-725-2467 to let him know that your petition would be
heard at the September CRC meeting. However, since you are the person who submitted and
signed the petition, I am sending this response letter to you. Should you wish to turn it over to
Mr. Pulley to represent you, I would be very happy to work with him in the future.
I look forward to hearing from you. With best wishes, I am
Very truly yours,
Merrie Jo coke
Assistant Attorney General
Enclosure: Expedited procedures for considering variance petitions
cc: Donna Moffitt, Director /
Charles Jones, Assistant Director✓
Ted Tyndall, Morehead City District Manager
Bill Crowell, Senior Policy Analyst
EP/41823/wp

710605 BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE Title 15A
(d) The parties to a declaratory ruling shall be allowed 30 minutes
to present oral arguments to the Commission. Unless the Division of
Coastal Management waives the opportunity to be heard, it shall be
a party to any request for declaratory ruling. No party may offer testi-
mony or conduct cross-examination before the Commission.
HISTORY No1E
Statutory Authority G.S. 113A-124; 15oB-4;
Eff. November 30, 1992.
.0605 PETITIONS FOR RULEMAKING
(a) Any person wishing to request the adoption, amendment, or
repeal of a rule shall make this request in a petition addressed to the
Division of Coastal Management. The petition shall specify it is filed
pursuant to G.S. 15OB-20 and shall contain the following information:
(1) either a draft of the proposed rule or a summary of its contents;
(2) a statement of reasons for adoption of the proposed rule(s);
(3) a statement of the effect on existing rules or orders;
(4) any data in support of the proposed mle(s);
(5) a statement of the effect of the proposed rule on existing prac-
tices; and '
(6) the name and address of the petitioner.
(b) The petition will be placed on the agenda for the next regularly
scheduled commission meeting, if received at least four weeks prior
to the meeting, and the director shall prepare a recommended response
to the petition for the Commission's consideration. Petitions will be
considered in accordance with the requirements of G.S. 150B-20.
Himmy NoIE
Statutory Authority G.S. 113A-124; 150B-20;
Eff. January 1, 1989;
Amended FSf. October 1, 1992
SECTION .0700 - EXPEDITED
PROCEDURES FOR CONSIDERING
VARIANCE PETITIONS
.0701 VARIANCE PETITIONS
(a) Any person who has received a final decision of an application
for a CAMA major or minor development permit may petition for a
variance from the CRC by means of the procedure described in this
Section. In the case of, a minor development permit, a decision shall
not be considered final until all available local appeals have been
exhausted.
(b) The procedure in this Section shall apply only to petitions for
variances, and shall not apply to appeals of major or minor permit deci-
sions. This procedure shall be used for all variance petitions except
when:
(1) a petition is combined with an appeal of a major or minor permit
decision concerning the same application, in which case the applicant
may consolidate both matters for a single quasi-judicial hearing as
described in Section .0300 of this Subchapter,
(2) the Commission determines that due to the extraordinary nature
of a petition more facts are necessary, in which case the petition may
be heard by means of a hearing; or
(3) there are controverted facts that are significant in determining
the propriety of a variance.
(c) Variance petitions shall be submitted on forms provided by the
Department of Environment, Health, and Natural Resources or CAMA
local permit officers or, if not on such a form, shall provide at a mini-
mum the following information:
(1) the case name and location of the development as identified on
the denied permit application;
(2) an explanatiaa of the reasons why the applicant believes that the
Commission should make the following findings, all of which are nec-
essary for a variance to be granted:
(A) that enforcement of the applicable development guidelines or
standards will cause the petitioner practical difficulties or unnecessary
hardships; and
(B) that such difficulties result from conditions peculiar to the peti-
tioner's property; and
(C) that such conditions could not reasonably have been anticipated
by the Commission when the applicable guidelines or standards were
adopted; and
(D) that the proposed development is consistent with the spirit, pur-
pose and intent of the Commission's rules;
(3) a copy of the permit application and denial for the development
in question;-
(4)
uestion; (4) the date of the petition, and the name, address, and phone number
of the petitioner, and
(5) a complete description of the proposed development, including
a site drawing with adequate topographical and survey information.
(d) In order to have a petition for a variance considered under the
procedures set forth in this rule, a petitioner who has given notice of
appeal of the permit decision concerning the development that is the
subject of the variance appeal will be required to agree that the time
required to consider the petition shall not be counted in calculating the
180 day time period allowed for disposition of the appeal. The time
required to consider the petition shall be calculated from the date on
which the petitioner requests to have the petition heard under these pro-
cedures until the date on which the petitioner reaffirms the notice of r
appeal-
SECTION
ppeal
(e) Petitions shall be mailed directly to the Director of the Division
of Coastal Management, Department of Environment, Health, and Nat-
ural Resources, P. O. Box 27687, Raleigh, NC 27611.
(f) A variance request will be considered by the Commission at a
regularly scheduled meeting. Petitions will be scheduled no later than
the second regularly scheduled meeting following the date of receipt
of the petition by the Division of Coastal Management, except when
a later meeting is agreed upon by the petitioner and the Division of
Coastal Management. A complete variance petition, as described in
Paragraph (c) of this Rule, must be received by the Division of Coastal
Management a minimum of four weeks in advance of a regularly sched-
uled commission meeting to be considered by the Commission at that
meeting.
(g) Written notice of variance hearings or commission consideration
of variance requests shall be provided to the petitioner and the permit
officer making the initial permit decision. Notice shall be published
in a newspaper of general circulation in the area of the pmoosed vari-
ance five days prior to a commission decision on the petition.
HrsroxY NOTE
Statutory Authority G.S. 113A-124;
Eff. December 12, 1979; -
Amended Eff. December 1, 1991; May 1, 1990; March 1, 1988; February 1, 1983.
.0702 STAFF REVIEW OF VARIANCE PETITIONS
(a) The Division of Coastal Management, as staff to the commission,
is hereby authorized to review petitions to determine whether they are
complete according to the requirements set forth in Rule .0701. Incom-
plete applications and a description of the deficiencies shall be returned
expeditiously to the petitioner. Complete requests shall be scheduled
for the appropriate commission meeting.
Page 584
(10.29-94)

Title I5A Coastal Management 7,x.()822
(b) The staff shall prepare a written description of the variance peti-
tion which shall be presented to the Commission before the petition
is considered. The written description shall include:
(1) a description of the property in question -..
(2) a description of how the use of the property is restricted or other-
wise affected by the applicable rules;
(3) a discussion of whether the petition meets or does not meet each
of the requirements for a variance including both the petitioner and the
staff positions;
(4) and any other undisputed facts relevant to the Endings set forth
in G.S. 113A -120(c) which the Commission must make in order to
grant a variance.
(c) The petitioner shall be provided an opportunity to review the writ-
ten description prepared by the staff and to agree or disagree with the
facts and statements therein. The written description presented to the
Commission shall include only those facts and statements that have
been agreed upon and stipulated to by both the petitioner and the staff.
If the staff does not reach agreement with the petitioner and receive
the petitioner's approval of the written description at least two weeks
prior to a regularly scheduled Coastal Resources Commission meeting,
the variance petition shall be considered at the next regularly scheduled
commission meeting. If the staff determines that agreement cannot be
reached on sufficient facts on which to base a meaningful variance deci-
sion, then the petition will be considered by means of an administrative
heating. Copies of the agreed upon description shall be provided to
the permit officer making the initial permit decision prior to commis-
sion consideration of the variance.
H1sroRY NOTE
Statutory Authority G.S. 113A-124;
Eff. December 12,1979;
Amended Eff. December 1, 1991; May 1, 1990; October 1, 1988; March 1, 1988.
0703 PROCEDURES FOR DECIDING VARIANCE
PETITIONS
(a) The Commission may review the variance petition and staff com-
ments and hear any oral presentation by the petitioner in full session
or may appoint a member or members to do so. In cases where a mem-
ber or members are appointed, they shall report a summary of the facts
and a recommended decision to the Commission.
(b) The Commission or its appointed member or members shall be
provided with copies of the petition and any comments the staff deems
necessary before considering the petition.
(c) The Commission staff shall orally describe the petition to the
Commission or its appointed members) and shall present comments
concerning whether the Commission should make the findings neces-
sary for granting the variance. The applicant shall also be allowed to
present oral arguments concerning the petition. The Commission may
set time limits on such oral presentations.
(d) The final decision of the commission may be made at the meeting
at which the matter is heard or in no case later than the next regularly
scheduled meeting. The final decision shall be transmitted to the peti-
tioner by registered mail at the earliest feasible date after the final deci-
sion is reached.
(e) Final decisions concerning variance petitions shall be made by
concurrence of a majority of a quorum of the Commission.
(f) Variances may only be granted following affirmative findings by
the Commission on each of the following points:
(1) that enforcement of the applicable development guidelines or
standards will cause the petitioner practical difficulties or unnecessary
hardships; and
(2) that such difficulties result from conditions peculiar to the peti-
tioner's property; and
(3) that such conditions could not reasonably have been anticipated
by the Commission when the applicable guidelines or standards were
adopted; and
(4) that the proposed development is consistent with the spirit, pur-
pose and intent of the Commission's rules.
His oRy NoTE
Statutory Authority G.S:
Eff. December 12, 1979: • .:. e<..i:�.
Amended Eff. December 1, 1991; March 3, 1981.
SECTION .0800 - DREDGE AND FILL:
PERMIT PROCESSING
PROCEDURE: STANDARD
.0801 DEFINITIONS
.0802 APPLICATION FORMS
.0803 PREPARATION OF WORK PLATS: GENERAL
.0804 PREPARATION OF WORK PLATS: SPECIFIC
.0805 ADJACENT RIPARIAN
LANDOWNER NOTIFICATION
.0806 APPLICATION PROCESSING
.0807 FIELD INVESTIGATION .
.0808 AGENCY REVIEW AND COMMENTS
.0809 CRITERIA FOR PROJECT
PLANNING AND EVALUATION
.0810 FINAL ACTION
.0811 NOTICE OF DENIAL
.0812 APPEAL OF DEPARTMENTAL ACTION
.0813 PERMIT ISSUANCE AND TRANSFER
.0814 PERMIT EXPIRATION
.0815 PERMIT RENEWAL
.0816 PERMIT MODIFICATION
.0817 PERMIT CONDITIONS
.0818 PROJECT MAINTENANCE
.0819 MAINTENANCE REQUEST
.0820 CONDITIONS FOR MAINTENANCE
.0821 GRANT OR DENIAL OF
MAINTENANCE REQUEST
.0822 VIOLATION OF PERMIT
HISTORY NOTE
Statutory Authority G.S. 113A -118(c); 113A -119(a); 113A -124(c)(5); 113--229;
Eff. February 1, 1976;
.Amended Eff. January 1,1984; August 1, 1983; October 15,1981; August 30,1980;
Repealed Eff. July 1, 1989.
Page 585
(IC -2"4)

CAROLE L. SADLER
LESTER H. SADLER
Ncdl 1097583
P.O. Box 702 Hwy. 158 910-694-5929
Yanceyville, NC 27379
kYTOTIIRDER OF C
DER OF
<U v
1887
/ r _ 6 ' \ DATE
66-796/531
I (J BRANCH
93001
First Union National Bank Organized Banking®
FON®
R/T 053107963
FOR r�il0�, �](i6S-G ► S M+
i:0 5 3 LO 796 31: 100000 14 2 2 288,11 L813?
s

07/13/99 TUE 10:48 FAX [phone] BULLUCR FURNITURE I�b03
Lester and Carole Sadler
g13,Frbat Street
• $ eaufort, NC .. , .... ,
The following is a description of the work to be done a 913 Front Street, Beaufort, NC
Remove the existing pier and the four pilings to the west of the pier.
Replace the pier with a six-foot wide 48 -foot long floating dock centered on the property and parallel to the
property line (Centerline of the floating pier will be approximately 17.4 feet from extension of property
line.) The existing platform on the water end of the dock house will be enlarged to provide a platform from
which to connect the Tamp to the floating dock. The lamp and the floating dock will be at an angle from the
"shed". The four pilings will not be replaced,

07/16/99 FRI 09:59 FAX [phone]
07/15/99
Ms. Tere Barrett
Division of Coastal Management
Hestron Plaza Il
151-B Hwy 24
Morehead City, N.C. 28557
Dear Ms. Barrett,
BULLUCK FURNITURE 10 001
I am the property owner at 911 Front Street in Beaufort and I am writing to you in
response to an Adjacent Riparian Property Owner Notification Mlaiver Form
which I received from my neighbors Lester and Carol Sadler in relation to a
permit that they are applying for to construct a pier at 913 Front Street in
Beaufort. I object to the plan as submitted for the following reasons.
I believe that the riparian boundary that is drawn on the plan is incorrect. The
information provided by CAMA that discusses the determination of the riparian
boundary is clear about how to extend the riparian boundary from the point
where the property line intersects the high water mark. The riparian line is
perpendicular to the waterway and extends to the where the property line
intersects the high water mark. The waterway on Taylor's Creek is essentially
parallel to the shoreline. A review of aerial photos shows that the curve in
Taylor's Creek between Live Oak Street and Gordon Street is symmetrical and
therefore each property owner in the curve should have a riparian corridor that is
slightly pie shaped. Those aerial photos also show all of the original piers
extending out on a radial along the curve of the shoreline. The Sadler's existing
dockhouse, pier and out pilings are consistent with what I have outlined above. I
believe that the existing row of out pilings fairly represents the riparian boundary.
They are on a line that extends perpendicular to the waterway and intersects the
property line at the high water mark.
I am willing to waive the fifteen foot setback if the Sadler's do likewise for me and
I will construct pilings on a line which will intersect our property line at the high
water mark and are aligned to give the Sadler's thirty five feet measured from the
Davis's out pilings on the other side of their riparian corridor. This would allow for
a six-foot wide pier and two fourteen -foot wide slips. It is my understanding that
the Sadler's property is thirty-five feet wide.
I have made this offer to them in writing but they have not replied.

07/16/99 FRI 09:59 FAX [phone] BULLUCK FURNITURE 0 002
The matter at hand has been in contention since the Sadler's purchased their
property. The former owner signed a waiver for the Davis's who are the property
owners to the East to build a pier but she apparently failed to consult the Sadler's
who had a contract to purchase her property. I have not seen their permit but I
believe the Davis's constructed out pilings that encroach on the Sadler's riparian
water. Since that time the Sadler's have wanted to redefine the riparian
boundary to be a parallel extension of the property line which is not appropriate
in this case.
I have included a copy of the original plan that I received from the Sadler's as
well as a drawing that shows the Sadler's current pier and out pilings and their
relationship to the waterway and shoreline. I have also included a drawing that
shows the proposal that I outlined above. Please review my letter to Mr. Sadler
regarding this matter.
I have consulted with Chuck Bissette with T. D. Eure Construction Company and
have asked him to assist me with this matter. Either he or I will be glad to meet
with you on site to discuss this further.
Thank you for your consideration in this matter_
Sincerely,
,,-�
hn Kincheloe
105 Milby Court
Rocky Mount, N.C. 27804
252-446-1138

07/16/99 FRI 09:59 FAX [phone] BULLUCK FURNITURE 10003
Cif ITllii4011 o E .0 at 101: ► z -A G 8 t_ I ! .._M..,
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Individual applying for Permit:P
Address of Property: c7/3
AIC
(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-B, 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,
Signature Date
Print Name
Telephone Number With Area Code

07/16/99 FRI 10:00 FAX [phone] BULLUCK FURNITURE
Lester and Carole Sadler
)+ront Street
Beaufort, NC
The following is a description of the work to be done a 913 Front Street, Beaufort, NC
Remove the existing pier and the four pilings to the west of the pier.
Replace the pier with a six-foot wide 48 -foot long floating dock centered on the property and parallel to the
property line (Centerline of the floating pier will be approximately 17.4 feet from extension of property
Hue.) T'hc existing platform on the water end of the dock house will be enlarged to provide a platform from
which to connect the ramp to the floating dock- The ramp and the floating dock will be at an angle from the
"shed". The four pilings will n9t be replaced.
10 004

07/16/99 FRI 10:00 FAX [phone] BULLUCK FURNITURE 10005
Lester anal Carole Sadler
,..913 Fiont S treet
Beaufort, NC
The following is a description of the work to be done a 913 Front Street, Beaufort, NC
Remove the existing pier and the four pilings to the west of the pier.
Replace the pier with a six-foot wide 48 -foot long floating dock centored on the property and parallel to the
property line (Centerline of the floating pier will be approximately 17.4 feet from extension of property
line.) The existing platform on the water end of the dock house will be enlarged to provide a platform from
which to connect the ramp to the floating dock The ramp and the floating dock will be at an angle from the
"shed". The four pilings will not be replaced.
f

07/16/99 FRI 10:00 FAX [phone] BULLUCK FURNITURE
Lester and Carole Sadler
9T3 •Front Street
Beaufort, NC
The following is a description of the work to be done a 913 Front Street, Beaufort, NC
Remove the existing pier and the four pilings to the west of the pie'-
Replace the pier with a six-foot wide 48 -foot long floating dock centered on the property and parallel to the
property line (Centerline of the floating pier will be approximAtely 17.4 feet from extension of property
line.) The existing platform on the water end of the dock house will be enlarged to provide a platform from
which to connect the ramp to the floating dock The ramp and the floating dock will be at an angle from the
"shed". The foto pilings will not be replaced
Ltl &,a-.
w�e► "1
r
10006

07/16/99 FRI 10:01 FAX [phone] BULLUCK FURNITURE 10007
07108/99
Mr. Les Sadler
P.O. Box 702
Yanceyville, N.C. 27379
Les
I received your CAMA notification form in the mail today and I would like for you
to consider the following.
There are two things that I would like to accomplish between us in a legal
contract before signing your permit application. The first is for us to agree on the
boundary of the riparian corridor and the second is for each of us to waive the
fifteen -foot setback established by CAMA. I want you to be free to do whatever
you want to do on your property and in your water whenever you want to without
having to ask my permission. Likewise I don't want to have to ask your
permission when I am ready to build or modify whatever I may already have in
place. We might also consider including the establishment of a row of pilings on
the boundary of our riparian corridors that we could jointly maintain and use.
Given the width of our respective lots this would avoid our having to have poles
immediately adjacent to each other for the same purpose.
I don't think the question of the riparian boundary would ever have been a
question if the Davis's had not built their dock where they did. I believe that your
dock and pilings are essentially where they should be. The information provided
by CAMA that discusses the determination of the riparian boundary is clear about
how to extend the riparian boundary from the point where the property line
intersects the high water mark. The riparian line is perpendicular to the
waterway and extends to a point where the property line intersects the high water
mark. The waterway on Taylor's Creek is essentially parallel to the shoreline. A
review of aerial photos shows that the curve in Taylor's Creek is symmetrical and
therefore each property owner should have a riparian corridor that is slightly pie
shaped. Those photos also show all of the original piers extending out on a
radial along the curve in the creek. The only exception is the new dock installed
by the Davis's. Your boathouse, your pier and your out pilings are consistent
with what I have outlined above. I believe CAMA made a mistake in permitting
the Davis's pier as built. They should never have been allowed to build over on
you the way they did.
If I waive the fifteen -foot setback and the Davis's do likewise, it looks like to me
you could have a six-foot wide pier and two fourteen -foot wide slips between the
out piling on the Davis's side and the out pilings on my side. I am willing to give
a little on my side for you to obtain thirty-five feet from the Davis's out piling. I

07/16/99 FRI 10:01 FAX [phone] BULLUCK FURNITURE 0 008
would also be willing to pay for four large poles on my side that we could both
use which would enhance the usability of your floating dock.
I don't want to seem mean spirited or be a bad neighbor but you must recognize
that I bought my property for the waterfront. I have put enormous personal effort
into removing the tons of debris on the shore and in the water. The view and the
water access are a very personal matter with me. I don't want to file and
objection to your plan but I will do so if we cannot come up with a compromise
over the riparian boundary. It would only take a few days to have and agreement
drawn up and signed
Please reply by phone or by mail before you make your application to CAMA.
Thank you for your consideration.
Sincerely,
John Kincheloe
105 Milby Court
Rocky Mount, NC 27804
252-446-1138

/� /
lV0711-r(!9
ec
JQS
E
�S

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:49 P.25
Attached is a copy of the 'Variance Request filed by Lester Sadler. Petitioner challenges
the denial of his permit application to construct a new pier adjacent to his property on Taylor's
Creek in Beaufort, North Carolina. Petitioner's proposed pier was found to be inconsistent with
15A NCAC 7H .0208(b)(6)(L) because it is outside of the defined riparian area.
Please note that I have been assigned to handle this case. Petitioner has also filed a
petition for contested case hearing in OAH. That action has been stayed pending decision on this
variance. I believe I have everything from the permit file already, though I hope to obtain some
pictures if Staff has some that would be illustrative.
Attachment: Variance Request
cc: Jessica Gill (without attachment)
EP143059
�&
g
r�Li.fd�
State of North Carolina
'4➢'yto-
Meredith Jo A.lcoke
MICHAEL F. EASLEY
Department of Justice
EnvirotunentW Division
ATTORNEY GENERAL
P. O. BOX 629
Tel! [phone]
Fax= [phone]
RALEIGH
27602-0629
MEMORANDUM
TO-
Donna D. Moffitt, Director
Charles S. Jones, Assistant Director
Ted Tyndall, Morehead City District Manager
FROM:
Merrie Jo Alcoke, Assistant Attomey General
DATE:
September 1, 2000
RE:
'Variance Request by Lester H. Sadler, Carteret County
Attached is a copy of the 'Variance Request filed by Lester Sadler. Petitioner challenges
the denial of his permit application to construct a new pier adjacent to his property on Taylor's
Creek in Beaufort, North Carolina. Petitioner's proposed pier was found to be inconsistent with
15A NCAC 7H .0208(b)(6)(L) because it is outside of the defined riparian area.
Please note that I have been assigned to handle this case. Petitioner has also filed a
petition for contested case hearing in OAH. That action has been stayed pending decision on this
variance. I believe I have everything from the permit file already, though I hope to obtain some
pictures if Staff has some that would be illustrative.
Attachment: Variance Request
cc: Jessica Gill (without attachment)
EP143059
�&

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9.49 P.26
DCM FORM 11
PETITIONER'S NAME Ze,Te3a // Sian ccs CAMA VARYANCE
� REQUEST
COUNTY r`7�
FILE NUMBER
(Petitioner leave blank)
Pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Admirnlctrative
Code 7J Section .0700, the Petitioner in this matter applies to the Coastal Resources Coraruission
for a variance.
NOTE: For this application to be complete, the Petitioner must provide comRlete responses to
each statement below. If necessary, please attach additional sheets to hilly complete
each response. For this request to be considered, the Petitioner must be able to
answer (a), (b) and (d) in the affirmative and (c) in the negative.
(a) Will enforcement of the applicable development guidelines or standards causing
the Petitioner practical d"dEculties or unnecessary hardships? If so, the petitioner
must identify the difficulties or hardships.
(b) Do such di£Iiculties or hardships result from conditions peculiar to the Petitioner's
property? Explain.
(c) Could the Coastal Resources Commission have reasonably anticipated these
conditions wh= the applicable guidelines or standards were adopted? Explain.
(d) Is the proposed development consistent with the spirit, purpose and intent of the
Commission's regulations? Explain.
,�3020QR
r'
ATTORNEY GEN�RA�.
Eoyimnme'W Division

N.C. ATTORNEY GENERAL Fax:[phone]
Sep 1 '00 9:49 P.27
Due to the above information and pursuant to statute, the undersigned hereby requests a variance.
The undersigned states that (check one):
He. or she has received a final decision on an Application for a CAMA
Major Development Permit; or
_ He or she has received a final decision on an Application for a CAMA
Minor Development Permit. The undersigned has attached:-)7r��J
(a) A copy of the Permit Application and the decision; and
(b) A complete description of the proposed development, including a
site drawing with adequate topographical and survey information.
Date Siguatute
Name of Petitioner or Attorney
1-0D �3oX
Address
City State zip
wee I.L!t
Telephone Number
This variant request must be served on the Director, Division Of Coastal Management,
and the Attorney General's Office, Enviroatnental Division, at the addresses shown on the
attached Certificate of Service Form. If a contested case hearing will, be required to resolve
disputed facts or you want to appeal the permit decision upon which your Variance Request is
based, a Petition for a Contested Case Nearing should be filed with the OfEce of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714 as well as with the above parties.

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:50 P.28
a) Will enforcement of the applicable development guidelines or standards causing the Petitioner
practical difficulties or unnecessary hardships? If so, the petitioner must identify the difficulties or
hardships,
Along Front Street and, in particular, within my immediate area (913 Front), piers have been
permitted and built using the historic usage of defining the riparian boundary as the extension of
the property line. Specific properties, which were built parallel to the property line, include 915
and 917 Front Street to the east and to the west 909 Front Street. No pier exists at 911 Front
Street, therefore the riparian boundary has not been defined.
My east riparian boundary was established as an extension to the property line by a permit issued
to Bertha C. Davis (915 Front Street) on 3-4-98 for a pier with outboard mooring pilings. If the
Coastal Resources Commission rule found in NCAC T15A: 0208(b)(6)(L), requiring the riparian
boundary to be perpendicular to the channel is applied to the west side of my riparian area, I will
lose a significant portion of my riparian area. If the west riparian boundary is maintained in
accordance with NCAC T15A: 0208(b)(6)(L), the distance between the two riparian boundaries
will be 38.84 feet at the water's eche and only about 6 feet at the channel end. Because of the
narrowness at the channel end the resulting riparian area will render the riparian access useless.
See attachment B-
b) Do such difficulties or hardships results from conditions peculiar to the Petitioner's property?
Explain.
Considering that my property is only 38 feet wide, the lose of 32 plus feet at the channel end of the
riparian area is catastrophic in terms of usability. All the riparian boundaries in my immediate area
have been set using the historic usage of the extension of the property line except the boundary
between 911 Front St and myself. The failure to continue the historic usage boundary will create a
disproportionate access to the riparian area of our properties. See attachment C.
C) Could the Coastal Resources Commission have reasonably anticipated these conditions when the
applicable guidelines or standards were adopted? Explain.
The adopted standards are not the problem. The problem is that the surrounding properties have
had their riparian areas defined by the historic usage of setting the boundary as an extension of the
property line. Changing from this historic usage of riparian boundary as an extension of the
property lines to a policy of riparian boundary perpendicular to the channel has significantly
reduced my riparian area.
d) Is the proposed development consistent with the sprit, purpose, and intent of the Commission's
regulations? Explain.
The variance to build a pier in a riparian area defined by the historic usage boundaries as extension
of the property lines will be consistent with the intent to ensure that each property owner's riparian
area is protected and that the water's edge dimensions are approximately equal to the channel end
dimensions (given the channel that does not bend).
The riparian area of my neighbor to the west (911 Front Street) will not be reduced since his west
the riparian boundary between him (911 Front St.) and his neighbor (909 Front St.) has already
been set as an extension of the property line by an agreement for shared pilings (dolphins) placed
on the extension of the property line- See attachment D_

N.C. ATTORNEY GENERAL Fax:[phone]
RIPARIAN AREA
RESULTING FROM "OLD POLIO"'
ON ONE SIDE AND "NEW POLICY"
ON THE OTHER SIDE
7 A!l _c OCLPHIN
SLI �•
�a S
017
' O13
GIs
/
DOLPHIN
'Fr.
• 016
I
r�
TAYLORS CREEK I
Cg,&NNEL as per USACE MAP
.BEAUFORT HARBOR LIE 6/1!39
1,
1A1
Sep 1 '00 9:51 P.29
4P
I.O
+m
'o
20 0 20 40 . •
1 Ell
Gp_4pjylC SCALE — FEET
�Tr,�cf/M�7✓r<i�J --

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:51 P.30
RIPARIAN BOUNDARY
DEFINED BY SHARED
DOLPHIN AGREE,'VM
3 P!LVE
m
Riparian Area•
For 911 Front.
t
t
1
TAYLORS CREEK
CHANNEL as per USACE MAP
BEAUFORT HARBOR LINE 6/1139
RIPARIAN AREAS
DEFINED By MUMNG
ETSTORIC BOUNDARY
WITH NEW BOUNDARY
X61
Riparian Area
Foe 913 Front
A
' 80-
s
DSZ
+35
,o
20 0 20 40 60
GRAPHIC SCALA' — FEET

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:51 P.31
TAYLORS CREEK
CHANNEL as per USACE MAP
BEAUFORT HARBOR LIN -E 6/1/39
RIPARIAN AREAS
DEFWED BY VARIAINCE
TO HISTORIC BOVNDARY
RIPARIAN SOUNDARY
DEFINED BY SHARED
• 20 40 .•
rasrrr>■>.rr
rrro■srlwrGRAPHIC SCALE — FEET

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:52 P.32
t
r '
��ONT STD wE T so /w
AP
1'-
1 It
2
orJ,s 05
4
)B 31$
7.00-
'd
r
goo
I
4T00 "E
,
b(
r ' o
cDOICK
W
,
�
r
al
o
Q
a�T �
J Iti
z
y
r
I r
O f0
r
r
r
a
/
f r
o
a I
1 It
2
orJ,s 05
4
)B 31$
us PIER
REFEREWE
VAM
7.00-
'd
goo
x�
4T00 "E
,
b(
r ' o
cDOICK
n
,.
HMW I
r
al
r
u w
us PIER
REFEREWE
VAM

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:52 P.33
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RF -SOURCES
DIVISION OF COASTAL MANAGEMENT
April 18, 2000
Mr. Lester H. Sadler
913 Front Street
Beaufort, NC 28516
Dear Mr. Sadler:
This letter is in response to your request for a permit under the Coastal Area Management
Act (CAMA) to remove an existing dock and construct a new dock on Taylors Creek,
adjacent to your property at 913 Front Street, in the Town of Beaufort, Carteret County.
After reviewing your proposed project in conjunction with the development standards
required by the Coastal Area Management Act (CAMA), it is the Division's determination
that no permit may be granted for the development as proposed.
According to the Coastal Resources Commission rule found in NCAC T15A:0208(b)(6)(L),
"Piers shall not interfere with the access to riparian property and shall have a mirdmum
setback of 15 feet between any part of the pier and the adjacent property owner's riparian
access. The line of division of areas of riparian access shall be established by drawing a line
alone the channel or deep water in front of the properties, then drawing a line perpendicular
to the line of the channel so that it intersects with the shore at the point the upland property
line meets the water's edge."
A review of the surveyed plat dated 9/24/99 submitted to this office indicates the proposed
dock on Taylors Creek to be located within property line extensions, but outside the defined
riparian area. Therefore, it is necessary that your request for a permit under the CAMA to
construct the dock as proposed be denied. NCGS 113A -120(a)(8) which requires permit
denial when the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern.
If you wish to appeal this denial, you are entitled to a hearing, The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments
of both parties and then makes a recommendation to the Coastal Resources Commission,
You have also indicated that you wish to apply for a variance from the Commission's rules.
The variance request must be served on the Director, Division of Coastal Management, and
the Attorney General's Office, Environmental Division, at the address shown on the
attached CAMA Variance Request form.
rI P -5T
.
MORCHLAD CITY OFFICE
HESTRON PLAZA II, 151-0 MIMHWAY 24, MORLKKAD CITY MG 20337
PHONE: 252.90a-2A0a PAX! 252.247-3330
AN EQVA6 Oh►ORTVNITY / .1rrIRMA"119 ACTION 6MrLOY9R - 50% RECYCLED ! 10% POET-COKa UJMIIR rArGN
OC14R TOIL FI[EC HOTLINC: 1-077.623-4748

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:53 P.34
Mr. Lester H. Sadler
Page 2
April 18, 2000
I have enclosed a copy of the form for your use. Also, enclosed is a copy of the Use Standards
for Docks and Piers. If you have any question, please contact me at 252-808-2808.
Sincerely,
" �/ �o lip //
M. Ted Tyndall
District Manager
Enclosures
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Coastal Management Representative, DCM

N.C. ATTORNEY GENERAL Fax:[phone] Sep 1 '00 9:54 P.35
CERTIFICATE OF SERVICE
(This Certificate of Service should be attached to any Variance. Request which is filed
with the Office of Administrative Hearings. You don't have to attach a Certificate of Service to
any Variance Request you file with the Director or any District Manager of the Division of
Coastal Management under the Coastal Resources Commission's expedited variance procedures.)
I hereby certify that this Variance 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 mined 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 day of r C
Signature of Petitioner
EP/18773/wp
Revised: November 2, 1999

NORTH CAROLINA DEPARTMENT OF
AMr ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
NCDENR
April 18, 2000
JAMES B. HUNT JR. Certified Mail
GOVERNOR Return Receipt Requested
(Mr. Lester H. Sadler
BILL HOLMAN 913 Front Street
SECRETARY Beaufort, NC 28516
Dear Mr. Sadler:
DONNA D. MOFFITT.
DIRECTOR This letter is in response to your request for a permit under the Coastal Area Management
Act (CAMA) to remove an existing dock and construct a new dock on Taylors Creek,
adjacent to your property at 913 Front Street, in the Town of Beaufort, Carteret County.
After reviewing your proposed project in conjunction with the development standards
required by the Coastal Area Management Act (CAMA), it is the Division's determination
- that no permit may be granted for the development as proposed.
According to the Coastal Resources Commission rule found in NCAC T15A:0208(b)(6)(L),
"Piers shall not interfere with the access to riparian property and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent property owner's riparian
access. The line of division of areas of riparian access shall be established by drawing a line
along the channel or deep water in front of the properties, then drawing a line perpendicular
to the line of the channel so that it intersects with the shore at the point the upland property
line meets the water's edge."
A review of the surveyed plat dated 9/24/99 submitted to this office indicates the proposed
dock on Taylors Creek to be located within property line extensions, but outside the defined
P riparian area. Therefore, it is necessary that your request for a permit under the CAMA to
construct the dock as proposed be denied. NCGS 113A -120(a)(8) which requires permit
denial when the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments
of both parties and then makes a recommendation to the Coastal Resources Commission.
- r You have also indicated that you wish to apply for a variance from the Commission's rules.
The variance request must be served on the Director, Division of Coastal Management, and
-.,; - er
the Attorney General's Office, Environmental Division, at the address shown on the
`~ attached CAMA Variance Request form.
MOREHEAD CITY OFFICE
Z.
HESTRON PLAZA II, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50`Yo RECYCLED / 10% POST -CONSUMER PAPER
- -.. DENR TOLL FREE HOTLINE: [phone]

Mr. Lester H. Sadler
Page 2
April 18, 2000
I have enclosed a copy of the form for your use. Also, enclosed is a copy of the Use Standards
for Docks and Piers. If you have any question, please contact me at 252-808-2808.
Sincerely,
"// �1'ew %�a//
M. Ted Tyndall
District Manager
Enclosures
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Coastal Management Representative, DCM

BEAUFORT.
NORTH CAROLINA
TAYLORS C)?,e
VICINITY M44P
DIGITIZED FROM AERIAL, NO SCALE
LEGEND
AC - ACRES
CO - SEWER CLEANOUT
DB - DEED BOOT(
ECM - EXISTING CONCRETE MONUMENT
EM- EXWTIMB MON AXLE
EP -EXISTING NON PPE
ER -ING EXISTIRON ROD
ELEC -ELECTRIC
EPI( -ING EXISTPK NAIL
FM -FRE HYDRANT
HM - MGN WATER MAN(
RS - ROI ROD SET
LP - LOW POLE
W - MAP BOO(
MOL - MINIMUM BUILDING LIE
NSF - NOW OR FORMERLY
PG PAGE
POB - POINT OF BEGIINNG
RIW - RIGHT OF WAY
SF - SQUARE FEET
TEL - TELEPHONE
TV - CABLE TV
U - OVENNEAD UTLRY LIE
UP- UTIfTY POET
WM - WATER METER
O - CONTRCL CORNER
13 - CONCRETE CONTROL CORNER
BY DMO
(AREA INCLUDING R/W OF FRONT ST)
14,623 SF +/-
0.34 AC+/ -
REFERENCES
DB 821 PC 268
p
*1?0
N/F
KINCHELOE
e 804 PC 752
A
3 PILE DOLPHIN
3 PLE/DOLPHIN
S 78.21.35
N/F / N/F
KINCHELOE SADLER
DB 804 PC 752 h / DB 82211 PC 268
Rte' oQ
STRUCTURES
\ NOT LOCATED
EE
/
37 zo,3e F �o
i # CONCRETE SIDEWALK \ dR
AND DRIVEWAY R
1 NOT LOCATED
\ \ 'EIP,'
4L
r
4
j')
0 m m
v EXISTING ..,
NEW PILE
h
�D
EXISTING
PILE ( )
4� ♦ I EXISTING
�r NEW PILE
ch•A 7A' rZ 0 D
N�r�L Al l T,S' ClT
p�R A80
USAC'& AIAp
�V .fit-Ejsiv+�•��•L
STEVEN D. POWERS, CER WY THAT 1His SURVEY IS OF AN EXISTING PARCEL OF LAAO.
�Y -
1. 994 = = 1, STEVEN D. POIIFRS, CERTArY mAT THIS PLAT WAS DRAWN UA0ER MY SUPERVISM, FROM AN ACTUAL SURVEY
AbADE UNDER MY SUPERWSIAN (DEED DESCRIP7700V RECORDED AV SO IVI> Z!,PAGEZ46): 7HAT 7W BOUNDARIES
9i',. "• NOT SURVEYED ARE CTEARLY AVDAWED AS DRAWN FROM MNF'ORN4770N FOUAO /N 90OK
THAT Tl� RA��o C>F PRECIS AS CIX 4TF0 /S /:1Q�Y: 7HAT WS PLAT WAS PREPARED /N
ACCta40AACE'IYITH GS - 0. N7INESS MY OROA94 SLGNATURE,
REGLSINA N1EfI�1E AAO �� DAY Q� _O LD., /5�m
S D Mf RS L -29W
CONC
�n
N/F
DAVIS
DB 378 PC 403
US P�
Rf�RfNCf R . &uo
V S4Cf H� L
pVt
*RQOR UNf6 eC4V oRT
3g NC
FEB 2 ' 2L_
N/F
DAVIS
DB 378 PC 403
CI
1 1 20 40 it
■■■■■■■■■■
CRAPHIC SCALE — FEET
■■■■■■■■■■
PHYSICAL SURVEY OF
PORTION LOT 17, FRONT ST
BEA UFOR T , NORTH CAROLINA
TOWNSHIP: BEAUFORT COUNTY: CARTERET STATE: NORTH CAROL INA
CLIENT: LESTER H. & CAROL L. SADLER DATE: 9/24/99 SCALE: I- • 20'
ADDRESS: P.O. BOX 702 PROJECT: 99125 JOB: 99125
YANCEVILLE, NC 27379 TAX PARCEL : 730506384959
PHONE: [phone] FLOOD ZONE: 375346 0003 D 10/18/99
ATIAANTIC COAST PROFESSION SUR _]MG,'.A,
OFFICE : 252-728-2202 PO BOX 261, HARXERS ISLAND NC 28531 FAX: [phone]

VICINITY .MAP
8Y DMD
DIGITIZED FROM AERIAL. NO SCALE
(AREA INCLUDING R/W OF FRONT ST)
14,623 SF +/-
0.34 AC+/-
LEGEND
AC ACRES
CO - SEWER CLEANOUT
DB - DEED BOOK
ECM- EXISTING CONCRETE MONUMENT
EIA - EXISTING IRON AXLE
EIP - EXISTING IRON PIPE
EIR - EXISTING IRON ROD
ELEC - ELECTRIC
EPK - EXISTMYG PK NAIL
FH - FIRE HYDRANT
HON - HIGH WATER MARK
IRS -IRON ROD SET
LP - LIGW POLE
MB - MAP BOOK
MOL - MINIMUM BUILDING LINE
NGF - NOW OR FORMERLY
PG PAGE
POB - POINT % BEGINNING
" - RIGHT OF WAY
SF - SOUARE FEET
TEL - TELEPHONE
TV - CABLE TV
U - OVERHEAD UTILITY LINE_
UP - UTILITY POLE
WM - WATER METER
O - CONTROL CORNER
❑ - CONCRETE CONTROL CORNER
wil i 1 _11
3 PILE DOLPHIN
O
O
O
3 PJLE DOLPHIN
S 7g°21.35,E
ft
[I
N/F
KINCHELOE
DB 804 PG 752
i
i
i
I � ,
1 /
Y co
O c co
' m (n
� W ~
0
Q. �
z
a
el Q
i
i
i
i
EXISTING
0' PILE )
rYLO
tIANN�4,L As .�,S' C,I
PZ'R ABD Rix
v� USAC, & SAP
I, STEVEN D. POWERS, CER TA -Y THAT THIS SUR VFY IS OF AN EXISTING PARCEL Or LAND.
S /, STEVEN D. POKERS, C£RTM<Y THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION; FROM AN ACTUAL SURVEY
S MADE UWER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK __-_,PAGE ): THAT ThIE BOUNDARIES
G NOT SURVEYED ARE CYEARL Y INDICATED AS DRAWN FROM IWORMATION FOUND /N BOOP ___ _,PAGE
TILIT TAE RATIO Of PRECISION AS CAL Cit ATEO /S l: THAT THIS PLAT WAS PREPARED IN
i -O ACCORDANCE WI7H G.S. 47-30 AS AMENDED. W/TAIESS MY ORIGINAL SIGNATURE,
REGISTRATION NIAMBER AND SEAL THIS DAY Of _-_-__'A.D., l9
w
STEVEN D. POWERS L -2994
N/F / N/F /
KINCHELOE SADLER
RDB 804 PG 752 D8 21 G 268
/W
/ti * STRUCTURES hcb
` \ NOT LOCATED rytp�`/t
0�
E IP �nj N/F
DAVIS
DB 378 PG 403
,20
.
3
22'
37, 6
#CONCRETE SIDEWALK \�
AND DRIVEWAY EIR
j� NOT LOCATED Raw
\ 'EIP
Com,
N/F
DAVIS
DB 378 PG 403
REF US P/ER
WNCE U c BULKHEAD
HgRBOR NE IWAP Bev �R
1139 T NC
MIN
CD
1i1NA
tll
ri) �
0
20 0 20 40 60
GRAPHIC SCALE — FEET
SEP 3 0 1999

PLEASE PRINT CI,FqR Y nR TYP
STATE OF NORTH CAROLINA
IN THE OFFICE OF
COUNTY OF (1) CA rE ,� , ADMINISTRATIVE HEARINGS
(2) LE s7 _P NAPa1
(your name) PETITIONER,
v. )
PETITION
FOR A
(3) t ) CONTESTED CASE HEARING
i CSN )
U s n L )
MriNA6ente�tlr RESPONDENT. )
Me State asencv or board about which you are comnlainin,) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because Respondent
has:
(Briefly state facts showing bow you believe you have been harmed by the State agency or board.)
-4,7777,4 - /� A4 i-71 /-7/ A �
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
deprived me of property
ordered me to pay a fine or civilena] exceeded its authority or jurisdiction;
p ry; or
otherwise substantially prejudiced my rights; AND acted erroneously;
_ failed to use proper procedure;
acted arbitrarily or capriciously; or failed to act as required by law or rule.
(5) Date: Z/- Mp y Z 0C>0 (6) Your phone number:
(7) Print your full address: P'�J 1P'nV 0
(street addressip.o. box)
(8) Print your name:
(9) Your signature:
(city) (state)
You must mail or deliver a COPY of this Petitio to the State agency or board named on Iine (3) of this form. You should
contact the agency or board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United
States Postal Service with sufficient postage affixed OR by delivering it to the named agency or board:
(10) 7bNM4 Z). Cc'(F) (11)—� �� �(I�IJIOtk/ ���
(name of person served) (State agency or board listed on Line 3) � N RSL J
(12)' PO (9 CO( 1) b P7 (� _ .
(street addressip.o. box)
(13) This th (( , dray of
(14) �.QA�`
(city)
,-112�g2j:;>
(state) (zip code)
(vour stenature) -
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
H-06(9190)

r�;

I have been deprived of my full access to my riparian property by having used a policy
for permitting piers (parallel to property lines) and now changing the policy to permitting
piers perpendicular to the waterway (complying with NCAC T15A: 0208(b)(6)(L)).
Along Front Street, in the Town of Beaufort, Carteret County, and, in particular, within
my immediate area of 913 Front Street, piers have been permitted and built with the line
of division of areas of riparian access defined as the extension of the property line.
Specific properties, which were built with the riparian boundary as the extension of the
property line, include 915 and 917 Front Street to my east and to my west, 909 Front
Street. No pier exists at 911 Front Street.
On 9/24/99, I submitted a request for a permit to replace my existing pier with a floating
pier relocated at the center of my riparian area. This would align my pier with that of my
neighbor's pier at 915 Front Street and define my riparian area between the extension of
the property lines. See attachment (B). This followed the apparent policy established by
the permitting and building the piers in my immediate area.
The permit was not granted. See Attachment (C). The stated reason was that the
proposed dock was within the property line extensions, but outside the defined riparian
area. The Coastal Resources Commission rule found in NCAC T15A: 0208(b)(6)(L)
requires the riparian boundary to be perpendicular to the channel. Applying this rule and
defining the Taylors Creek Channel by USACE Map Beaufort, NC Harbor line dated
6/1/39, my riparian area would be bounded by lines perpendicular to this channel. See
attachment (D).
However, my east riparian boundary is fixed by the pier and outboard mooring pilings
built in accordance with a permit issued to Bertha C. Davis (915 Front Street) on 3-4-98.
See attachment (E). If the west riparian boundary is maintained in accordance with
NCAC T15A: 0208(b)(6)(L), the distance between the two riparian boundaries will be
38.84 feet at the water's edge and only 22.354 feet at the channel end. See attachment
(F).
By having one policy for permitting piers (parallel to property lines) and then changing
the policy to comply with NCAC T15A: 0208(b)(6)(L) has deprived me of my full access
to my riparian property and because of the narrowness at the channel end, rendered the
access useless.
TAC N �% (A)

r
FRONT STREET 60' R / W
R/W
W
0
f �
CQ
CN��O 152 O
OB �
A
0
W
CONCRETE SIDEWNX
�.00•
�201 Masa
a
Q
C, �o
m cv
R/W
,,4 �/4
OPF
NpS 40-
JO�$ P
�
US PIER &
REFEREE US
V"BOR
r
r o
r
r�yT�^
C
•EKED f
DOCK `r
r
MOUSE
r
r
r
r
.SO' r
r
r
r
r
r
r
r
r � k
r
4
w
r Oa.
r
o
08.71
R/W
,,4 �/4
OPF
NpS 40-
JO�$ P
�
US PIER &
REFEREE US
V"BOR

MA
I
:.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
April 18, 2000
Mr. Lester H. Sadler
913 Front Street
Beaufort, NC 28516
Dear Mr. Sadler:
This letter is in response to your request for a permit under the Coastal Area Management
Act (CAMA) to remove an existing dock and construct a new dock on Taylors Creek,
adjacent to your property at 913 Front Street, in the Town of Beaufort, Carteret County.
After reviewing your proposed project in conjunction with the development standards
required by the Coastal Area Management Act (CAMA), it is the Division's determination
that no permit may be granted for the development as proposed.
According to the Coastal Resources Commission rule found in NCAC T15A:0208(b)(6)(L),
"Piers shall not interfere with the access to riparian property and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent property owner's riparian
access. The line of division of areas of riparian access shall be established by drawing a line
along the channel or deep water in front of the properties, then drawing a line perpendicular
to the line of the channel so that it intersects with the shore at the point the upland property
line meets the water's edge."
A review of the surveyed plat dated 9/24/99 submitted to this office indicates the proposed
dock on Taylors Creek to be located within property line extensions, but outside the defined
riparian area. Therefore, it is necessary that your request for a permit under the CAMA to
construct the dock as proposed be denied. NCGS 113A -120(a)(8) which requires permit
denial when the proposal is found inconsistent with the state guidelines for Areas of
Environmental Concern.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to the evidence and arguments
of both parties and then makes a recommendation to the Coastal Resources Commission.
You have also indicated that you wish to apply for a variance from the Commission's rules.
The variance request must be served on the Director, Division of Coastal Management, and
the Attorney General's Office, Environmental Division, at the address shown on the
attached CAMA Variance Request form.
HESTRON PLAZA 11,
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
1'v AMER/GA
MOREHEAD CITY OFFICE
151-H HIGHWAY 24, MOREHEA0 CITY NC 28557
PHONE: [phone] FAX: [phone]
- SOq RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]
a 7rd� 4 /5f/ --WT rC

Mr. Lester H. Sadler
Page 2
April 18, 2000
I have enclosed a copy of the form for your use. Also, enclosed is a copy of the Use Standards
for Docks and Piers. If you have any question, please contact me at 252-808-2808.
Sincerely,
'j/ �1'ew //
M. Ted Tyndall
District Manager
Enclosures
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Coastal Management Representative, DCM
Q ` 7(C (Co,1(r)

RIPARIAN AREA
AS DEFINED BY
NCAC T15A: 0208(b)(6)(L)
3 PILE DOLPHIN
�t
020 gS
01�
018
E DOLPHIN
TAYLORS CREEK
CHANNEL as per USACE MAP
BEAUFORT HARBOR LINE 6/1/39
015
016
■■■■■■■■■■
■■■■■■■■■■
'o
+35