42206_PORTNOY, MELVIN_20050706

�,'CAsVIA / El DREDGE & FILL JT 06 -41-9906
GENERAL PERMIT Previous permit #
14New ElModification EComplete Reissue ElPartial Reissue Date previous permit issued
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 15A NCAC
El Rules attached.
Applicant Name Project Location: County, ma
Address Street Address/ State Road/ Lot #(s) 4L5)
City i i 6 o4 le. State Na q ZI Pji3k9 k1i A4(
Phone # (,�,�V ecY,,5 Fax # Subdivision W v-A
Authorized Agent Ts"114-n Ag".4�e6e City N—Ilrcj A ZIP 01kyo
Affected D Cw [I EW YLeTA El ES 0 PTS Phone# 14,1A River Basin, - fi6"d'4',
k AEC(s): 0 OEA [1HHF E11H D U BA E N/A Adj. Wtr. Body 0 C-� ' fL, (eat /man /unkn)
0 PWS: El FC: Closest Maj. Wtr. Body
ORW: yes / 6�� PNA yes / 4P Crit. Halb. yes / no
Type of Project/ Activity �V L '-fr
(Scale: NOA3
Pier (dock) length 'J je�-Z'
L L .... . .......
Platform(s)
J
Finger pier(s)
Groin length
T
number i I i
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
Basin, channel
cubic yards
Boat ramp
Boathouse/ Boatlift 7--
Beach Bulldozing
Other LA I
—7
Shoreline Length
SAM not sure no -------
Sandbags: not sure yes
Moratorium: n/a yes
Photos: yes
Waiver Attached: no
A building permit may be required by: _ 0'3 IL
Notes/ Special Conditions
z. r
See note on back regarding River Basin rules.
4 k- is
Agent pplicant Printed Name
0 r-�
Permit C17fic-erX Signature
AA-f
, -4�
—
—7
Signature Please read compliarle
statement on back of permit**
Issuing Date
Expiration Date
A
Application Fee(s)
Check#
Local Plan ni ngJ urisdiction -Q
'Rover File Name

)X
Fes. I _
J t, l_ i, L[i 5
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G, Ross, Jr., Secretary
19 July 2005
CERTIFIED MAII, 7003 3110 0002 0605 8860
RETURN RECEIPT REQUESTED
Mr. & Mrs. J.C. Hayes
82 Hyde Avenue
Tryon, NC 28782
Re: Dr. & Mrs. Melvin Portnoy
Construction of a t 192' by ±6' pier with a t 16' by t 16' platform for a total of 208' and 2-18'
by ±64' wetslips.
Dear Mr. & Mrs. Hayes:
The Division of Coastal Management has reviewed your 13 June 2005 correspondence
objecting to the above referenced project. The construction of a ±192' by f6' pier with a f16' by
±16' platform for a total of 208' and 2-18' by f64' wetslips as proposed is consistent with North
Carolina Administrative Code 07H7H1200 (see attached) and the appropriate rules and regulations
of the Division. Therefore, on 6 July 2005, Mike S. Thomas, a member of my staff, issued General
Pen -nit No. GPB42206 authorizing the aforementioned project (copy of permit attached).
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 twenty
(20) days of the permit decision. If you have any questions regarding this matter, please do not
hesitate to contact me at [phone].
Sincerely,
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
attachments
c: Charles Jones - Director, DCM
T d Tyndall - Asst. Director, DCM
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanaaement.net/
Noe Carolina
Ruiallry

� CAYA / - DREDGE & FILL
C2ENERAL PERMIT Previous permit # �A
�l`- New !—'Modification -,Complete Reissue ! JPartial Reissue Date previous permit issuedf r
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 15A NCAC
❑ Rules attached.
Applicant Name $ `' ;= :. e d,, E� ;:; . Project Location: County-f-
Address
City :4='; <, le- State fv ZIP I I7 �, 7
Phone ) =;�>.� - ��. �-�' Fax #( )
Authorized Agent
Affected ElCW El PTA ❑ ES ❑ PTS
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
❑ PWS: ❑FC:
ORW: yes /o` PNA yes / Crit. Hab. yes / no
Street Address/ State Road/ Lot #(s) t�C.
L_C'i -Is- Z(c, kl;,)�
Subdivision hi;" A
CityJu A ZIP
Phone # ( ) �yOJA River BasiniF
Adj. Wtr. Body_O P�K (A'C- 1 Vice -lc (r a /man /unkn)
Closest Maj. Wtr. Body P--JAJ< c C' R;a-t
Type of Project/ Activity i ,2 > r 4In A -1 E 11ff fr, "rQi;-y A
.2 E +�>E" = @ fir t �;C:.s• (Scale: Nc oe )
Pier (dock) length
Platt
Fing
Groin
Bulk
Basin
Boat
Boat
Beac
Othe
Shore
SAM
Sand
Mor
Phot
Waiv
o
e
h
a
trm(s)
r pier;(s,)
length
--
-- -
—�_--II�III }III,iII
-- 'I—IIIII
. riI "
�f_�1.
number
ead/ Riprap length qA
avg distance offshore
Or
max distance offshore
,channel
cubic yards
Ll
ramp
house/ Boatlift
h Bulldozing V
j
ff
line Length
not sure noe
bags: not sure yes
orium:
r�L•-.�.�-q_ -
—�
II
--riIIiI�
--
__.-
_
I
III
n/a yes a>
os: yes
er Attached: ere� no
A building permit may be required by:
Notes/ Special Conditions
Agent or pplicant Printed Name n
Signature Please read complia a statement on back of permit **
-0l oq
Application Fee(s) Check #
'rtfl
1K, See note on back regarding River Bas(nLules.r
Permit Crfficerg Signature `
6 1�, �� ` �' c am. zcus
Issuing Date Expiration Date
Local Planningjurisdiction over File Name
A building permit may be required by:
Notes/ Special Conditions
Agent or pplicant Printed Name n
Signature Please read complia a statement on back of permit **
-0l oq
Application Fee(s) Check #
'rtfl
1K, See note on back regarding River Bas(nLules.r
Permit Crfficerg Signature `
6 1�, �� ` �' c am. zcus
Issuing Date Expiration Date
Local Planningjurisdiction over File Name

An
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 8, 2006
Mr. Fred Coyle
PO Box 1935
Cullowee, NC 28723
Dear Mr. Coyle:
I am writing to you as an adjacent riparian property owner of Dr. Melvin Portney, for
your property located in Aurora, Beaufort County, North Carolina. The North Carolina Division
of Coastal Management (DCM) plans to authorize a reconfiguration of Dr. Portney's existing
pier as part of a settlement agreement between DCM, Dr. Portney, and the Hayes.
As you're aware, DCM permitted the now -existing pier in the summer of 2005. We
received your comments, as well as those of the Hayes. Following permit issuance, the Hayes
appealed DCM's permit decision to the Office of Administrative Hearings. That case is now
scheduled for a contested case hearing before an administrative law judge.
All three parties to this contested case have agreed in principal to settle this appeal. One
part of this settlement agreement includes removing and replacing the portion of the existing pier
from the platform area water -ward, and angling it more toward Carrie Creek. As a riparian
adjacent owner to the pier, you are entitled to notice of this pending settlement agreement and
the resulting new pier configuration, pursuant to 15A NCAC 07J.0312(b). DCM staff believes
that this new configuration is still within the riparian corridor delineated by DCM staff for Dr.
Portney's lot, and meets the other standards required for piers by the Coastal Resource
Commission's rules.
Attached, please find a copy of an "Adjacent Riparian Property Owner Statement" form,
like the one you received and returned to DCM last year. Please fill it out and provide any
comments to us that you wish to make. If you wish to appeal this new configuration, you may
file a Third Party Petition at the time the settlement is signed and entered in to by DCM. We will
give you notice at that time and send you the forms needed to appeal that decision if you. If you
have any auestions or concerns feel free to contact me.
Sincerely,
M. Ted Tynd
Assistant Director, DCM
Attachment
cc: Charles S. Jones, Director
Terry Moore, District Manager
Christine Gob 1 Assistant 4ttorne Ge eral
b� Commerce Avenue,lNoreiead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www,nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

(FOR A PIERIMOORING PILINGSIBOATLIFTIBOATHOUSE)
I hereby certify that I own property adjacent to
(Name of Property Owner or Applicant)
Mailing address if different from location address
(town, state and zip) _
phone numbers you can be reached at
property located at
(Lot, Block, Road, etc.)
on , in , N.C.
(Waterbody) (Town and/or.Connty)
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/boatlift/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.
initials
I do wish to waive that setback requirement.
initials
-------------------------------------------------------------------------------------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
Signature
Print or Type Name
Telephone Number
Date:
www.nccoastalmanagement.net/Permits/ADJACENTRIPAR.IANPROPERTYO WNERSTATEMENT. pdf

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
0 Sender: Please print your name, address, and ZIP+4 in this box 0
N.C. Division of Cow Management
400 Commerce Avenue
Mo'h'd "(Y, NC 28557
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For delivery Information visit our website at
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PS Form :rr June 2002`
ee Reverse for Instructions
■ 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. P i dr!e Addressed to:
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B. Received by ( Printed me) Date of Delivery
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Sig delN$ ,address tliifer' fr0r� �terlf'1 i3 ❑ Yes
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Mr. M. Ted Tyndall SEP 2 7 2006
Assistant Director
Division of Coastal Management Morehead City DCM
400 Commerce Avenue
Morehead City, NC 28557
25 September 2006
Dear Mr. Tyndall,
Thank you for calling me this morning and answering my questions about the Adjacent Riparian
Property Owner Statement and letter (8 September) you sent to me regarding Mel Portnoy's pier,
which was constructed last year adjacent to my property, lot # 31, at Windsong III near Aurora.
Last year I submitted to Mr. Terry Moore (13 June 2005) my objection to Mr. Portnoy's original
pier proposal. Likewise, I object to the current proposal for modifying that pier. My objection to
the original proposal was that its excessive over -water length would negatively impact the open -
water view from my house site and would be an impediment to watercraft navigation at the
mouth of Carrie Creek. The new proposal, involving a rotation of the terminal section of the pier
toward my house site and the mouth of Carrie Creek, is even more objectionable to me because it
would interfere even more with my open -water view.
It is important that the Division of Coastal Management knows that Mr. Portnoy's pier -- as it
currently exists and as it would exist if modified according to the recent proposal — is in violation
of the Restrictive Covenants of Windsong III (8 October 1999) and in violation of a specific
ruling communicated to Mr. Portnoy by the Windsong Homeowners Association's Architectural
Control Committee (ACC) well before the pier was constructed. As required by these restrictive
covenants, the ACC reviewed Mr. Portnoy's original proposal, denied his request to build the
pier as proposed, and directed him to shorten the proposed pier by a specific length.
Nevertheless, he constructed the pier without making the required changes.
The Restrictive Covenants of Windsong III state that the ACC must be satisfied that
1) the proposed construction is "compatible with similar or proposed improvements on other
lots" and "that the construction of such structures will not unduly interfere with the
riparian rights or reasonable property expectations of the owners of other lots within the
subdivision." (restrictive covenants, p. 5)
2) the project "will not have negative economic impact on any other lot within the
subdivsion." (restrictive covenants, p. 9)
3) "the natural features of the lot have been retained to the maximum extent feasible"
(restrictive covenants, p. 9)
Mr. Portnoy's pier, which extends much longer over water than any other Windsong pier and
which extends across much of the open -water view from my house site, is in clear violation of
these criteria.
Sincerely yours,
•. Q o` . Q U-�
Frederick A. Coyle
PO Box 1935
Cullowhee, NC 28723
[phone]
f acoyl e @ earthl i nk. net

10/10/2006 07:58 FAX [phone] NCDEPTENVIRONMENTNATRES
16001 /002
North Carolina Department of Environment and Natural Resources
NC Division of Coastal Management
943 Washington Square Mall,
Washington, NC 27889
252-946-6481
252-948-0478 (DCMFax#)
FAX TRANSMISSION
To: '1��1
FROM:
DATE:
RE:
NO. PAGES' 2 including cover
COMMENTS
Terry Moore, Supervisor— 252-948-3851 Steve Trowell, Field Rep — 252-948-3854
Kelly Spivey, Field Rep — 252-948-3853 David Moye, Field Rep 252-948-3852
Sherry Tyson, Secretary — 252-948-3812 Mike Thomas, Field Rep -- 252-948-3950
Fred Landa, Planner — 252-948-3850

10/10/2006 07:58 FAX [phone] NCDEPTENVIRONMENTNATRES
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