36668_ALDER, RUTH_20040416

F, ; f AIVl*1 / DREDGE & FILL
GENERAL PERMIT Previous permit#
LINew Modification ❑Complete Reissue [-]Partial 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
,'Rules attached.
Applicant Name Project Location: County_ �—J` •
Address Street Address/ State Road/ Lot #(s)
City State ZIP a
Phone # ( ) 2. Fax # O
Authorized Agent
Affected El CW ❑ PTA DES ❑-PTS
AEC(s): E' OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
' PWS: ETC:
ORW: yes / no PNA yes / no, Crit. Hab. yes 1 no
Type of Project/ Activity
Pier (dock) length
Platforms)
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length t /00'
avg distance offshore `
max distance offshore J
Basin, channel
cubic yards_
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing
Other
/0�-
Subdivision
City t ZIP
Phone # (_) River Basin
Adj. Wtr. Body i` " ` `� ( at man unkn
Closest Maj. Wtr. Body —
(Scale:
Shoreline Length -
SAM notsure yes no
Sandbags: not sure yes no
Moratorium: n/a yes no
Photos: yes no Waiver Attached: yes h - ---- - I ----- ---- ---- - ---- ----
t
A building permit may be required by: �� ° 9See note on back regarding River Basin rules.
Notes/ Special IConditions
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Agent Applicant Printed Permit Officer's Signature
Issuing Date Expiration Date
Signature '"** Please read' statement on back of permit ** g P
Application Fee(s) �� 'l(J Check # Local PlanningJurisdiction Rover File Name

Statement of Compliance and Consistency
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 or criminal 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 officer when the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules ❑ Other:
Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District
Mailing Address: 1367 U.S. 17 South
1638 Mail Service Center Elizabeth City, NC 27909
Raleigh, NC 27699-1638 252-264-3901
Location:
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / 1-888ARCOAST
Fax: [phone]
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Morehead City District
151-B Hwy. 24
Hestron Plaza II
Morehead City, NC 28557
202-808-2808
Fax: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-395-3900
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
www.nccoastalmanagement.net
Revised 10/05/01

FOLEY & FOLEY CONTRACTORS, INC.
MATERIAL ACCOUNT
1810 OLD AIRPORT RD. PH. 252-636-2515
P.O. BOX 3482
NEW BERN, NC 28564--
PAY
TO THE
2922
66-85/531
DATE 6-dq —
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DOLLARS
RBC
Centura
RBG Centura Bank
Jew Rem G 28560 NP V
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To: Stephen Lane (Cama)
Fax#: [phone]
Date: April 7, 2004
Page#: 3
From: Foley & Foley (Sandy)
Phone#: [phone]
Customer Work Sheet
Customer Name: Ruth Alder Date: _Anri17, 2004
Mailing Address: 309 Village Green Dr. New Bern, NC 28562
Job Address: 505 Haywood Creek Dr. New Bern, NC 28560 Phone: [phone]
Adjacent Property Owners
Left Side: Mooris Right Side: Williamson
Job Type Description
Bulkhead 80'ft approx.
Dock/Walkway
Platform end of dock
Boathouse
Boatlift/jet ski
Piling
Ramp/Jetty
Dredge
Rip Rap

01/17/1994 11:31 9195146912 FIRST CHOICE BENEFIT PAGE 01
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or on the front if space permits.
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3. Service Type
® Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandi
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes.`-
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PS Form 3811,August 2001 Domestic Return Receipt ---A 2- =t

H11; 1''1'�94 11:31 919514591 FIF'ST CHCIiC'E BErdEFIT F' !-,E 01
0 22'04 08:10 PAX �1
WACTM MAWN PROPMTY OWNER STATIImENT
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(N me of Property Uwoer)
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'iiut dmmftd b me n *o+sva below, the dmiopment he is proposing at that location,
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Date:

.FROM ;WILL KOT FAX NO. :2526382241 Apr. 12 2004 08:01AM P1
April 12, 2004
To: Brad Shaffer
From: Curt Williamson
507 Haywood Creek Drive
New Bern, NC 28562
[phone]
6 316'-
Re: Bulkhead on 505 Haywood Creek Drive
Mr. Shaffer:
As stated in the Adjacent Property Owner Notification/Waiver Form, I, Curt J.
Williamson, of 507 Haywood Creek Drive, (adjacent property owner to Ruth Ayler) have
some concerns about the proposed bulkhead on Ms. Ayler's property:
• The property is vacant.
• No erosion is evident on this property.
• No other bulkhead exists on the entire Haywood creep.
• Water bulkheads constructed property line to property line usually create
erosion problems to the properties on the immediate sides of the bulkhead
property.
In addition to the above concerns regarding the bulkhead, I also have a concern about
the planned removal of the large healthy Cyprus tree at the creek's edge.
I am available at the above phone number for further comment. Thank you for
considering these points.
Curt Williamson

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RCDENR
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
April 27, 2604
Mr. Curt Williamson
507 Haywood Creek Drive
New Bern, NC 28562
Dear Mr. Williamson:
This correspondence is in reference to your April 12, 2004 objection letter to the bulkhead
proposal by your adjacent riparian neighbor, Ms. Ruth Alder. The project is located at 505 Haywood
Creek Drive, near New Bern, Craven County, North Carolina. Ms. Williamson proposes to construct
80' of bulkhead along her shoreline. The bulkhead would be located along the Public Trust Area and
Public Trust Shoreline of Haywood Creek. This correspondence also serves as a follow-up to our
numerous telephone conversations of today.
As I understand your objections, they are basically based on the opinion that the project would
create erosional problems to the properties on each immediate side. You also expressed concern over
the cutting of the large Cyprus tree at the water's edge. As a result of your concerns, Ms. Alder's
contractor has agreed to angle the wingwall adjacent to your property in an attempt to reduce the
potential for any possible impacts to the adjacent shoreline. Similarly, the Division staked a bulkhead
alignment landward of the large Cyprus tree. All this stated, the North Carolina Division of Coastal
Management has given your objections careful consideration and determined that the project was
consistent with the pertinent regulations of the Division. Therefore, on April 16, 2004, the Division
issued CAMA General Permit #36668-C to -Ms. Alder for construction of the bulkhead.
Again as I stated today, I was appalled to find out that the large tree referenced above had been
cut down. I have contacted Kyle Barnes with the Neuse River Response team regarding this egregious
action in the Neuse River Basin buffer. I will keep you informed of his response.
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. I have enclosed a copy of the Third Party Hearing Request on CAMA Permit
Decision for your use if you so choose. The Director's address as well as the Attorney General's
address is on page three of this document. You may fax a copy to both of those parties (Director's fax
is 919-733-1495 while the AG's fax is 919-716-6767). If you have any questions regarding this matter,
please don't hesitate to contact me at my Morehead City Office (252-808-2808).
Sincerely,
.,--l. red .%%�4(l
M. Ted Tyndall
Assistant Director
Enclosures
cc: Brad Shaver - Field Representative, DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

May 3, 2004
To: M. Ted Tyndall
Assistant Director
Division of Coastal Management
151-B Hwy. 24, Hestron Building
Morehead City, NC 28557
From: Curt Williamson
Property Owner
507 Haywood Creek Drive
New Bern, NC 28562
Re: Permit for bulkhead on 505 Haywood Creek Drive
Mr. Tyndall:
MAY 1 0 2004
Thank you for assisting me last week, April 27, 2004, in notifying Agent Kyle Barnes with the
Division of Water Quality of the removal of the Cyprus tree from 505 Haywood Creek Drive.
Their team responded Tuesday afternoon to the site, 505 Haywood Creek Drive, New Bern,
Craven County, North Carolina, property of Ruth Ayler. Their quick response enabled them to
verify that the 150+ foot Cyprus tree was cut down and left in a large pile at the river's edge.
They gathered evidence and took photos. My phone conversation Thursday, April 29, with the
Division of Water Quality confirmed this fact. They will be investigating this possible offense
through their office.
I will be forwarding to the Division of Water Quality the original bulkhead plans submitted by
Foley and Foley, showing the intentions to remove the Cyprus tree. I hope this will aid in their
investigation.
I have also contacted the Neuse River Keeper, Lawrence Baldwin. He too responded quickly
Tuesday afternoon to survey the damage. Since Tuesday, we have had several conversations
discussing the need, lack of need, for a bulkhead. The property has a good soil bank with
abundant plant cover and no erosion problems. We also discussed the destruction of the Cyprus
tree. Actions like this in the Neuse River Basin are usually due to ignorance of or arrogance
towards the rules and regulations concerning plants and trees along North Carolina's Rivers.
How this will affect the Haywood Creek ecosystem is unknown, but common sense indicates the
results cannot be healthy.
I received a phone call from Ruth Ayler Friday, April 30, 2004, thanking me for responding
quickly and notifying your department_ She claimed that she had no knowledge of who
authorized the cutting of the tree. Whether I believe her or not should have no bearing on the
Division of Water Quality's investigation. However, it does raise many questions as to who is in
charge of the bulkhead project: a mystery tree cutting company, Foley and Foley Contractors, or
Ruth Ayyer. This fact alone may affect Haywood Creek's ecosystem more than the egregious act
of cutting the tree down.

MAY :1 0 2004
As discussed in our conference phone conversation with Brad Shaver, I am rather disappointed
by the removal of this tree, as, well as the decision to grant Foley and Foley, agent of Ruth Ayler,
the permit (# 36668) allowing the bulkhead project to proceed. I believe my objections were
relevant to this project and should have been addressed before you granted this permit. Several
phone conversations took place with members of your agency, and, in compliance with the
waiver's due process procedures, a ;written objection was submitted to Agent Brad Shaver of
CAMA. Mr. Shaver assured me that my objections would be discussed between the concerned
parties, and hoped that an amicable decision would be reached before any permit was granted.
We agreed to work this out upon his return from maternity leave, and that no decision would be
made until further discussion had taken place. I don't believe I v,,as deliberately misled, nor do I
hold anyone in your office personally responsible for the misunderstanding. However, because
this permit was issued by another member of your agency without the pertinent information from
Mr. Shaver, I do feel that my concerns, expressed in my letter, were not considered prior to the
issuance of this permit, thereby circumventing Article 15NCAC7FL 1102 Approval Procedures.
This oversight and subsequent issuance of this permit have affected several outcomes:
1). Optional water buffer methods were not introduced, such as indigenous plants or rocks.
Methods such as these are less evasive to the ecosystem, and more pleasing to the neighborhood.
2). If a permanent wood bulkhead is necessary, I believe my desire for the maximum setback
from my property line is in a stare of limbo. This is one of the main concerns I wish to solve
with this letter. The original waiver form Foley and Foley sent to me indicates that a fifteen foot
setback could be issued within the permit by CAMA. However, the permit that was issued only
grants a ten foot setback. Since my original written objections to this waiver were not
considered to begin with, and I was not given the opportunity to resubmit the waiver with the
choice to indicate my wish for a fifteen foot setback, I believe that my right to due process was
circumvented. Therefore, I do not believe that CAMA has done everything within Federal and
State guidelines to protect my interests as an adjacent property owner against any erosion caused
directly by this wall -
At this time, I have decided not to pursue a third party hearing with the Director of Coastal
Management, or with the Attorney General- However, I hope this letter will encourage you to
suspend and/or amend this permit as soon as possible.
Thank you for considering my concerns.
Curt Williamson
cc: Lawrence Baldwin, Neuse River Keeper
Brad Shaver, CAM.A Agent
Kyle Barnes, Neuse River Response Team, Division of Water Quality

u
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to �� %�, /q,�,�JK 's
(Name of Property Owner)
property located at )
(Lot, Block, Road, etc.)
on d4V LU.J C,CFEte , in A/F-w 1JFZ,—J 09,9uE'.J 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.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOP
(To be fulled in by individual proposing development)
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Permit No, 0 0
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■ 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.
■ Attadn this card to the back of the mailpiece,
or on the front if space permits.
1. Article AOdressed to:
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D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ® No
3. Service Type
91 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number , 1
(Transfer from service labeQ n I �( ILA M ()(A 1 S IS
PS Form 3811, August 2001 F� Domestic Return Receipt 102595-02-M-1540

;DGrm a FILL
MAY 1 0 2004
�AGENERAL PERMIT Prcvious permit #
"CompleteRei;svo C'VartizlR NL cissua taste previous permit issued
by vtc Sate of North Carolina, Deparrawnc of Environment and Natural Resources
Coa,.,:4 R:!�,.cjurcci in an lro,.% Of an-,ironlij.'rit-al'concern pursuant to 15A N.C.AC
10 a. . I /,/C../. -attar1,-s
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