50519_FLORE, JOHN_20080708

❑,CAMA / ❑ DREDGE & FILL-�
GENERAL PERMIT Previous permit#
New ❑Modification ❑Complete Reissue El 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 I SA NCAC
Rules attached.
Applicant Name TT
Address
City State ZIP 7
Phone # O Fax # (_) ) ,
Authorized Agent
Affected ❑ CW ❑ EW ❑ PTA ❑'ES ❑ PTS
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
❑ PWS: ❑ FC:
ORW: yes /, no PNA yes / no Crit.Hab, yes / no
Project Location: County
Street Address/ State Road/ Lot #(s)
Subdivision
City ZIP
Phone # ( ) River Basin
Adj. Wtr. Body innt /man /unkn)
Closest Maj. Wtr. Body
■■��■■■■■■■■■1�1■■■bra■■■■■■■
Y■■■Y
■®■■■
■■■■■■■■■■■■■■■■■■■■MEN
■■■■■■■■■■■■■■■
■■■����■■■■■■■■■■■■■■■■■■■■17■■■■■■■■■■■
ii1l�3\■■■■■�iTit
MEWHIm sa- ■■�!■■■■■
`\
t.�■®
�� —Ea
■■■f�■■■INi\■■■■■■■■■■■■■■■■■■■■■■■l1■■■■ON
i
Agent or Applicant Printed Name ;.
Signature Please read compliance statement on back of permit
Application Fee(s) Check #
PermitOfficer's Signature
Issuing Date Expiration Date
r
Local Planning jurisdiction 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, certifythat this project is consistentwith 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 (910-796-7215) for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Raleigh Office Morehead City Headquarters
Mailing Address: 400 Commerce Ave
1638 Mail Service Center Morehead City, NC 28557
Raleigh, NC 27699-1638 252-808-2808/ 1-888-4RCOAST
Location: Fax: [phone]
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax:[phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax:[phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
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
910-796-7215
Fax:[phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 08/09/06

s t
i t I
t A74
NCDENR ���►_ i 2008
North Carolina Department of Environment and Natural Resources
Division of Coastal Management Morelr
Michael F. Easley, Governor James H. Gregson, Director William G. RossJJrr., Sec��reDC� M
July 8, 2008
William Earl Springle
2412 Tarkington Court
Chesapeake, VA 23322
Re: Objection to the Issuance of CAMA General Permit No. A-50519
for a Bulkhead Replacement Development Project, at 115 Tulls
Bay Drive, Currituck County For John J. Flora III
Dear Mr. Springle:
This letter is in response to the objection letter received from your attorney, M.H. Hood Ellis, on
your behalf as an adjacent riparian property owner to a permit request from John J. Flora III for
the replacement of a deteriorated bulkhead at 115 Tulls Bay Drive, Currituck County. Ron
Renaldi, of the Division of Coastal Management staff, was recently on site to evaluate the permit
applicant's request.
The permit applicant has requested a permit to construct a replacement bulkhead. Under the
Coastal Area Management Act (CAMA), the Coastal Resources Commission (CRC) has
established Rules for General Permits for this type of development that are found in 15A NCAC
07H .1100.
You have notified the Division of Coastal Management of your objections to this proposed
development by a letter dated September 7, 2007. Your objections to this proposed development
related to the dispute over the common property line between your and Mr. Flora's properties.
The Division has reviewed your objections, along with all aspects of this development proposal
for consistency with the aforementioned Rules, which describe the CRC's standards and
guidelines for this type of development. Our review of the proposed development has found it to
be consistent with these Rules.
Because of this property line dispute, Mr. Flora has indicated that he will stop the bulkhead one
foot short of the disputed property line keeping the project solely on his undisputed land.
When issued, the General Permit will allow Mr. Flora 120 days to complete his project. When
the project is completed, a compliance check will be performed to insure that the project is
consistent with the issued permit and the rules found in 15A NCAC 07H .1100.
After having given careful consideration to your objections to this proposed development, we
have determined that it is consistent with the Rules of the CRC and the State's Coastal
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of
Coastal Management issued General Permit No. A50519 on July 8, 2008 (copy attached) for the
proposed development.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request form
with the Director of the Division of Coastal Management within 20 days of the permit issuance
date. I am enclosing the form to be completed if you wish to do so.
Please note the three factors listed on this form, which need to be specifically addressed with
additional attachments. This documentation must be sent to:
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
A copy of this documentation must be sent to:
Attorney General's Office
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
If the Chairman of the Coastal Resources Commission grants a hearing of your appeal, you then
must file a petition for a Contested Case Hearing with the Office of Administrative Hearings
within 20 days of the Chairman's decision. This office can assist you with the forms and
addresses associated with this portion of the process. If the Chairman denies your hearing
request, this decision can be appealed to the Superior Court in the county where the property is
located.
If you have any further questions regarding this matter, please do not hesitate to contact Ron
Renaldi, or me, at this office.
Sincerely,
Frank A. Jennings, III
District Manager, Northeast District
FAR r r
Enclosures: DCM Form 5
cc: Ron Renaldi, Division of Coastal Management, Elizabeth City, NC
M. Ted Tyndall, Assistant Director, DCM, Morehead City, NC
Mr. John J. Flora, Moyock, NC
M.H. Hood Ellis, Elizabeth City, NC

y�
�r.
,.
�. . � .

CLAYTON W. CHEEK
M. H. HOOD ELLIS
DAVID C. GADD
BENJAMIN M. GALLOP
ROBERT B. HOBBS, JR.
L. P. HORNTHAL, JR.
L. PHILLIP HORNTHAL, III
JOHN D. LEIDY
MARK M. MALAND
DONALD I. MCREE, JR.
W. BROCK MITCHELL
CHARLES W. OGLETREE*
DONALD C. PRENTISS
J. FRED RILEY*
MICHAELP.SANDERS
THOMAS L. WHITE, JR.*
*OF COUNSEL
HORNTHAL, RILEY, ELLIS & MALAND, L.L.P
ATTORNEYS AT LAW
POST OFFICE Box 220
ELIZABETH CITY, NORTH CAROLINA 27907-0220
Division of Coastal Management
1367 US 17 South
Elizabeth City, N.C. 27909
September 7, 2007
In Re: Application of John J. Flora, III
Tulls Bay, Moyock, Currituck County, N.C.
Dear Sir:
+izabetht,>
OFFICES:
301 E.MAIN STREET
ELIZABETH CITY, NC
TELEPHONE [phone]
TELEFAX [phone]
INTERNET: www.hrem.com
OFFICES ALSO IN
NAGS HEAD, NC
AND
COLUMBIA, NC
We represent Mr. and Mrs William Earl Springle in the boundary line proceeding
referenced in Mr. Flora's application for a CAMA permit to construct a new bulkhead, pier
and related appurtenances at 115 Tulls Bay Drive, Moyock, N.C. Enclosed you will find the
Springes' signed form regarding the above project which we submit within the ten days
provided. The Springles own the adjacent property on the west.
The Springles object to the project described in the correspondence provided. While
the sketches and illustrations of the project are difficult to follow and do not appear to scale,
the basis for this objection is the pending boundary line case which will establish where the
common line is between the Springle and the Flora property. While the correspondence
regarding the project indicates Mr. Flora's intention to stay one foot short of the disputed
area in the proceeding, past history shows that any activity in close proximity to the disputed
area has produced serious problems and it is simply unlikely that history will be proven
different as to this project.
For your information, we are enclosing a copy of the Petition and the Response filed
in the boundary proceeding. We also enclose copies of the deeds and plats referenced in the
pleadings. Based on our review of Mr. Flora's own survey, the boundary contended by Mr.
Flora in the court proceeding does not appear in his survey or in his deed, but is apparently
claimed by adverse possession. It is the Springles' fear that issuance of a CAMA permit for
the project will only serve as further authorization for Mr. Flora to attempt to go upon and

September 7, 2007
Page 2
claim the disputed area by adverse possession. They prefer that the parties maintain the
status quo until the boundary proceeding is resolved.
If the Division feels constrained to issue a CAMA permit at this time then we
encourage a substantial buffer, not one foot, between the Springle and Flora properties until
the boundary proceeding is resolved. Before any such permit is issued, there should be a
survey so identifying the disputed area with certainty and a defined buffer line located
therefrom approved by the Springles. Also, be aware of the Springle's intent to insure the
Division enforces the terms of the Permit particularly if Mr. Flora or his contractors go upon
or do anything upon the Springles' property (including their bulkhead) which includes the
area in dispute as reflected on the Springle and Flora surveys enclosed.
Thank you for your consideration. Advise if further information is needed. I am
Sincerely yours,
C�
M. H. Hood Ellis
C. c. Mr. and Mrs. William Earl Springle
Mr. John J. Flora, III
Mr. John G. Trimpi

JUL- 5b-2bb f 15: cf9 r r om: U(-M-UI`'IF E(-1 1 Y 2522b'U (23 To: 252 935 2317 P.5' 11
' 1iC DENR
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM"P 10 2001
CERTIFIED MAIL RETURN RECEw-r REQUESTED
t-. Elizabeth Cinr
I hereby certify that I own property adjacent to 70A,, ,J' E
(Name of Property Owner)
property located at P _, gn P,0
1,7C a2�" ado
/71 o p cA'� 4S$ (Lot, Block, Road, etc.)
on 'q-Q 1J0 in (�.cclVci c� �-�— N.C.
(Waterbody) (Town and/or County)
He/She has described to nie as shown below the development he/she is proposing at that
location, and I have no objections to the proposal.
---------------------------------------------------------------------------------------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To be filled in by individual proposing development)
----------------------------------------------------------------------------------------------------------------------
Ij' you have objections to what is being proposed, please write to the Division of Coastal
Management, 1367 US 17 South, Elizabeth City, NC 27909, or call 252-264-3907 within 10 days
of receipt of this notice. No response is considered the sanae as n(, ohiection !Zyou have been
noti 'cd b Cerli ied Mail.
fix_
I have no objection to the project described in this correspondence.
x I have objection(s) to the project described in this correspondence.
(See letter of my attorney submitted herewith)
9/7/07
Adjacent Riparian Si A ature Date
William Earl Springle
Print or Type Name
2412 Tarkington Court Chesapeake, VA
757-421-7782
Telephone Number
23322
Address City state Zip