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HomeMy WebLinkAbout11682_WILLIS, DELMER & BARNETT, JACKIE_19930603~ =p� CAMA AND DREDGE 4NF) F (� F rJ�g ^ | ~ _� «v )"8 PERMIT aoauthorized by the State of North Carolina k-~~---------------------- ~e Department nfEnvironment, Health, and Natural Resources and the in anarea ofenvironmental concern pursuant to 15NCAC Applicant Name V, Phone Number City State zip J LUC Project Location (County, State Road, Water Body,,, etc.) 1-1-01-0 tLYLYI Type of roject Activity PROJECT DESCRIPTION Pier (dock) |m`um Groin length number ou/m`mo/^nmth—��~�~���—_ CW max.uistxnmonmxore ��_� Basin, channel dimensions __--- cubic yards Boat ram ndimensions Other -------' This prnnk is subject to compliance with this application, site drawing and attached Qonoo| and specific conditions. Any violation of zho*o terms may subject the permitteo to a fine, imprisonment or civil action; and may mum the permit to be- come 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 l) this pro- ject is consistent with the local land use plan and all local ordinances,U c'bas`hmonlpbtaioudfrom u1 d�,in��tha�`��y�havm—nn / 1Z applicant's signature permit officer's signature 6 «7 issuing date expiration date In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee—, Management Program. k S� liL��k �L!5LS Ci tom± S. Hww. rdw , w ..r « .. «.air.... a, w a"Wbm . Late of North Cafohna Department of Environment, Health, and Natural Resources 512 North Salisbury Street i Raleigh, North Carolina 27604 James 13. I hart, Jr., Governor Jonathan B. Howes, Secretary June 4, 1993 Robert and Florence Swartz Frisco, NC 27936 RE: Bulkhead Permit for Delmar Willis and Jackie Barnett Dear Mr. and Mrs. Swartz: Please find the enclosed copy of General Permit ##11628A authorizing a bulkhead and boat ramp at the "Ice House" boat basin in Frisco, Dare County. The permit was issued after our legal staff in Raleigh reviewed Mr. Willis' Deeds and found that he has shown sufficient evidence of property ownership for the Division of Coastal Management to issue the permit. If there is a controversy as to the interpretation of the deeds and the extend of the property interest transferred between you, Barnett, and Willis, that issue should be resolved in the courts, the CAMA General Permit will not give Mr. Willis any additional property interest. If you have further questions concerning this matter you can contact me at this office. Sincerely, Peter B. Colwell Field Representative III I' : UR cc: Preston Pate File l'.C). liox 27687, ILilciP11, North Carolina 276II-7687 Telephone 919 733 49R4 Fax b 919 733 0513 An equal Opportunity Affirmative Action (=mpioycr LO CAMA ANb bRIbGL AND PILL N° 11628A PERMIT 10 as authorized by the State of North Carolina Department o{ Vvironment, Health, and Natutal ITesources and the Cc--'�I,N soUtc mm Ion n In an area of environmental concern pursuant to 15 NCAC '7 /`'�r /Z�pr 3 Applicant NamU 1��e Address _� J _ Z Phone Nurhber City rSCp zip -779,36- Pro'ect Location (Co nty, State RoAd, Water Bvd etc.) Y r 3110 H44001 g0/1671- tf 7 T P L Ce 1ONf e- a Pe CONN{Y 1 �aILI C ON - / 161N it]ndP Ofi� TYpe OlVr�n { �ctivit -_--'.•� �� n y ey f S i � f, Ai 11 f -er1 do �Pa r PROJECT DESCRIPTION SkttCH t_. Plr!t dock) length - - -- --- — -- • _ - Bulkhead length.- IlD(i X i d"- diStahct of#shorc - - - jl h 0- h - Bastrl, channit dlmbnsldns cubic yards II -- bet 0 goa�Otpn dimcn;ions - .21a - I othtr L- - - ! i -- l�iL I V. This befmit ik kubjert to compliance with this application, site' drawing Arid attached general aftd Specific conditions. A h Y violAtioh of these terms may subject the perniittee to a fine, �k -�*" 1��Gt�r/ imprikbhtoen{ or civil action; and Wy cause the permit to be- applicant't signature comd hull and void. L This permit must be on the project site and accessible to the pert It officer When the permit offlctr's signature project 15 inspected for compliance. The Abplicint certifies by signing this permit that 1) this pro- 6/3/ q3 tssuing date �/3 ject It consistent with the local land use plan and all local ordinAhces, !x I - p ritlon date I 00 In Is0hg thik permit the State of North Carolina certifies that So, this bfoject It consistent With tht North CatollhA CoastAl appltcAlion #ee 00 C k,r� Mandgetnetit Prbgratii. I fit[ s 1 S State of North Carolina MICHAEL F. EASLEY Department of Justice A"ITORNEY GENERAL P. O. BOX 629 RALEIGH 27602-0629 --MEMORANDUM-- TO: Pete Colwell DCM, Elizabeth FROM: Robin W. S it Assistant Attorney General DATE: May 26, 1993 SUBJECT: Delmar Willis Permit Application Ta .. f AY 2 8 1993 CSL -- �U-U- "LJ ------------- After reviewing the two deeds (Swartz to Barnett and Barnett to Willis), it appears to me that Mr. Willis has presented evidence of property ownership - sufficient to allow DCM to process the permit application. Although the deeds claim to be easement deeds, all of the other language in the deeds appears to have the legal effect of transferring actual title to the described area. The deeds speak in terms of transferring all right, title and interest to the grantees in fee simple - the sort of language used to convey title rather than an easement for a particular use. I am not a property lawyer and the conflict within these deeds between the reference to an easement (without the limiting language normally found in an easement deed) and the language used in the conveyance creates a certain amount of confusion, but I believe the deeds are sufficient for purposes of the CAMA rules requiring that the applicant submit a deed or other evidence of the right to develop the property. If there is a controversy as to the interpretation of the deeds and the extent of the property interest transferred to Mr. Willis, that issue will have to be resolved between the parties (Willis, Barnett and Swartz) in the courts; the CAMA permit will not give Mr. Willis any additional property interest. Please call if you have any other questions. cc: Preston Pate An Equal Opportunity / Affirmative Action Employer