HomeMy WebLinkAbout11018_General Permit_19930823CAMA AND DREDGE AND FILLGENERAL
PERMIT ���'�r��� s� leis
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources
in an area of environmental concern pursuant to 15 NCAC
Project Location {
PROJECT DESCRIPTION
Pier (docN, length �T
SKETCH
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,roinlength /•�
number
Bulkhead length
Wax. distance offshore
Basin, channel dimensions
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cubic yards
Boat ramp dimensions
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Other
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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 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.
applicant certifies by signing this permit that 1) this pro -
fis consistent with the local land use plan and all local
inances, and 2) a written, statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the.prop.osed y✓ork:
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
j f permit officer's signature
A6/,
issuing date expiration date
attachments
application fee ��
-,�v� 00CT 2 8 1993 I
state of North Carolina REPLY TO:f.i.111nmfgU
Department of Justice Envi=o r=e of Diivis on
MICFIAEL F. EASLEY p
ATTORNEY GENERAL P. O. BOX 629 (919) 733-5725
RALEIGH (919) 733-7247
27602-0629
October 26, 1993
Beatrice Jones Sisk
Route 5, Box 505-D
Newport, N.C. 28570
RE: Request for Contested Case Hearing
Dear Ms. Sisk:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Enclosed please find a copy of
the order issued
by the Chairman
of the
Coastal Resources
Commission denying
your request for
a contested case
hearing
concerning CAMA
General Permit No.
11018 issued to
Doland Willis/Salty
Shores
Landowners. You
may appeal the Chairman's decision
by filing a petition
for
judicial review in
the Superior Court
within thirty (30) days after you
receive
the order.
Very truly yours,
Robin W. Smith
Assistant Attorney General
cc: Doland Willis
James L. Mercer (DCM-Morehead City)
��
An Equal Opportunity / Affirmative Action Employer �
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STATE OF NORTH CAROLINA BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
COUNTY OF CARTERET 93 CMT 13
REQUEST FOR CONTESTED
CASE HEARING BY BEATRICE ) ORDER
JONES SISK
This matter came on before the Chairman of the Coastal
Resources Commission as a request for a contested case hearing
pursuant to N.C.G.S. 113A-121.1 and 15A NCAC 7J.0301.
Petitioner, Beatrice Jones Sisk, sought a contested case hearing
to challenge the issuance of CAMA General Permit No. 11018 to
Doland Willis for the extension of an existing pier on Bogue
Sound, Carteret County, North Carolina.
Upon consideration of the petition for contested case
hearing and the recommendation of the Division of Coastal
Management, Department of Environment, Health and Natural
Resources, the Chairman finds as follows:
1. Petitioner Beatrice Jones Sisk owns a lot in the Salty
Shores Subdivision, Carteret County, North Carolina. Petitioner's
lot adjoins an easement, of twenty feet in width, which provides
ingress and egress to lot owners and culminates in a water access
easement of thirty feet in width on the shore of Bogue Sound.
2. Doland Willis, on behalf of a group Qf landowners in
the subdivision, applied for a CAMA permit to extend an existing
pier on the access easement. Riparian access from the easement
is already provided by a boat ramp and a 32' X 16" pier; the
applicants proposed to extend the pier by an additional eight
J
,2-
feet and to add an 8' X 5' platform at the waterward end of the
pier.
3. On August 23, 1993, the Division of Coastal Management
issued CAMA General Permit 11018 to Dolan Willis/Salty Shores
Landowners for construction of the pier extension and platform.
4. Petitioner signed her Third Party Hearing Request on
September 13, 1993.
5. DCM's Director has no record that the Petitioner's
Third Party Hearing Request was filed with the Division of
Coastal Management. Nor is there any record that the Petitioner's
Third Party Hearing Request was filed in DCM's Morehead City
district office.
6. A copy of Petitioner's Third .Party Hearing Request was
served with the General Counsel, N.C. Department of Environment,
Health, and Natural Resources (DEHNR), on September 211 1993.
7. Although documents submitted by petitioner indicate
that her property adjoins the access easement, the exact location
of petitioner's property in relation to the site of the pier is
not provided.
8. Petitioner has alleged that construction of the pier
extension will reduce the value of her lot by attracting large
and unruly crowds of people.
9. Petitioner also appears to allege that construction of
the pier extension is inconsistent with her rights of use in the
access easement.
V,
-3-
Based upon the foregoing Findings of Fact, the Chairman
makes the following:
CONCLUSIONS OF LAW
1. As a property owner in the Salty Shores Subdivision
with rights to use the subject access easement, petitioner is
"directly affected" by the permit decision for purposes of
N.C.G.S. 113A-121.1.
2. Petitioner's request for a contested case hearing is
not properly before the Commission in that the petitioner failed
to file said Third Party Hearing Request with the Division of
Coastal Management within twenty days of the date of the decision
to issue CAMA General Permit No. 11018.as required under N.C.G.S.
113A-121.1(b).
3. Petitioner's failure to file the hearing request within
the time allowed pursuant to the above -cited statute constitutes
grounds for denying petitioner's hearing request without reaching
the merits of petitioner's hearing request.
4. In any case, Petitioner has failed to allege that the
issuance of CAMA General Permit No. 11018 is contrary to any
applicable coastal management statutes and regulations.
5. Upon consideration of all the information available,
the Petitioner has failed to show a substantial likelihood of
prevailing on the merits in a contested case hearing for the
following reasons:
(a) Petitioner has cited no factual basis for the
allegation that the proposed pier extension will have an adverse
.r
-4-
impact on the use and enjoyment of her property, particularly in
view of the fact that a pier and boat ramp already exist on the
water access easement.
(b) petitioner's apparent allegation that construction of
the pier extension and platform is inconsistent with her rights
of use in the 30' water access easement and the 20' road easement
raises property law issues that are outside the jurisdiction of
the Coastal Resources Commission and may be determined only in
the General Courts of Justice.
Based on the the foregoing Findings of Fact and Conclusions
of Law, petitioner's request for contested case hearing is hereby
DENIED.
This the day of October, 1993.
E�—u—gjyne B. Tomlinson, Jr., Chairmar
Coastal Resources Commission
MICHAEL F. EASLEY
ATTORNEY GENERAL
Beatrice Jones Sisk
Route 5, Box 505-D
Newport, N.C. 28570
•ram^ � / 1f
1
OCT Z 4 1993
State of North Carolina REPLY 9 Rom w: r"ITIr----------
Department of Justice Environmental Division
P.0.BOX 629 (919) 733-5725
RALEIGH (919) 733-7247
27602-0629
October 12, 1993
RE: Request for Contested Case Hearing
Dear Ms. Sisk:
The Chairman of the Coastal Resources Commission has decided to .deny
your request for a contested case hearing concerning CAMA General Permit No.
11018 issued to Doland Willis/Salty Shores Land Owners. I will draft an order
to that effect for the Chairman's signature and send a copy of the order to you
as soon as it is signed. If you wish to appeal the Chairman's decision, you will
have thirty days from the date that you receive the signed order to file an
appeal in the Superior Court.
Very truly yours,
Robin W. Smith
Assistant Attorney General
cc: Doland Willis
James L. Mercer (DCM-Morehead City)
ODII
An Equal Opportunity / Affirmative Action Employer PIE �9
Y .i,TH
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3441 Arendell Street • Morehead City, North Carolina 28557
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
August 24, 1993
Ms. Katherine V. Williamson
Route 5, Box 505-C
Newport, NC 28570
Dear Ms. Williamson:
Roger N. Schecter
Director
Please be advised that on August 23, 1993, the Division of Coastal Management issued
Mr. Dolan V. Willis/Salty Shores Landowners a General Permit (#/C-11018) authorizing
construction associated with extending the length of the existing pier by a total of 16' which
includes an 8' x 5' platform. The permit decision was made after consultation with the Attorney
General's Office.
If you choose to request an appeal of the permit decision, you must do so within twenty
(20) days of the issuance date. Please contact me and I will provide you with the appropriate
forms to be completed.
Sincerely,
'James L. Mercer
Field Representative
JLM/dh
cc: Charles S. Jones
P.O. Box 769 Morehead City, N.C. 28557 • Telephone 919-726-7021 • Fax 919-247-3330
An Equal Opportunity Affirmative Action Employer
KATHERINE V WILLIAMSON
RT. 5 BOX 505 C
NEWPORT, NORTH CAROLINA 28570
July 25, 1993
NC Division of
P.O. Box 769
Morehead City,
Dear Sirs:
Coastal Management
NC 28557-0769
Q
01 AUG Q 9 199
In regards to the enclosed notice to construct a dock on a
thirty foot right of way I do strongly object to you
issuing a permit to construct such dock in Salty Shores on
the following grounds;
1. The thirty feet of land that the " Salty Shore
Land Owners" propose to build on is only a right of way
and is not owned nor are taxes paid on it by anyone.
2. It is my understanding that some of the property
owners on the west side of Salty Shores Road do have a
thirty foot easement for ingress and egress over and
across that certain parcel of land to reach Bogue Sound,
and that it is my understanding that the law does not
entitle them to more than reasonable use of access on this
thirty foot strip. That reasonable use does not
contemplate construction of any kind. It simply entitles
them to access to Bogue Sound. The scope of the easement
is for the purpose of ingress and egress only
3. The construction of this dock will put two docks
within eighteen feet of each other on Bogue-Sound.
Please advise me of any permit which you may issue to
Doland Willis or a " Salty Shore Land Owner" for a dock
on that particular thirty foot strip of land.
Feel free to call me any time this week if you have any
questions concerning my objections.
My home phone is 393-8227 if I am not in, please leave
word on my machine and I will return your call as I plan
to be in town all week.
Sincerely,
/�C11�
,.�A,
�/�� ---
Katherine V.
Williamson
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1
KATHERINE V WILLIAMSON
RT. 5 BOX 505 C
NEWPORT, NORTH CAROLINA 28570
July 25, 1993
NC Division of Coastal Management
P.O. Box 769
Morehead City, NC 28557-0769
Dear Sirs:
In regards to the enclosed notice to construct a dock on a
thirty foot right of way which adjoins my fifty foot lot,
I do strongly object to you issuing a permit to construct
such dock in Salty Shores on the following grounds;
Since there may be up to 26 Salty Shores Land Owner
households with easements to the thirty foot strip of land
where the dock is proposed it stands to reason that the
construction of a 5' x 8' dock at the end of a 2' x 40'
pier has the potential to affect the quality of the human
environment as well as unnecessarily endangering adjoining
properties.
Please advise me of any permit which you may issue to
Doland Willis or a " Salty Shore Land Owner" for a dock
on that particular thirty foot strip of land.
Feel free to call me any time this week if you have any
questions concerning my objections.
My home phone is 393-8227 if I am not in, please leave
word on my machine and I will return your call as I plan
to be in town all week.
Sincerely,
�,� 4ze4�
Katherine V. Williamson
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear KATHERINE VARDELL:WILLIAMSON
This letter is to notify you as an adjacent riparian landowner of
Mr./Mrs.SALTY SHORES LAND OWNERS plans to construct A
DOCK
on their property located at ,,ArTy 4HnRF� RFT FN 1,Ta
MSON AN FLETCHER ,
in CARTERET COUNTY , NC. The sketch on the reverse
side accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the
statement below, sign and date the blanks below the statement,
and return this letter to: DnT,AND wTT,T,Ts RT5 Bnx4R9
NEWPORT N C ,
as soon as possible.
Should you have objections to this proposal, please send your
written comments to the NC Division of Coastal Management, P. O.
Box 769, Morehead City, NC 28557. Written comments must be
received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be
interpreted as no objection.
Sincerely,
`DOLAND WILLvS
07 21 93
I have no objection to the project as presently
proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
ignature
DATE:
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Wl L-Li AM Sah!
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER)
I hereby certify that -I own property adjacent to
S A L: , S+4 0 R%E& "AiL2� C) w n/!z 2 S R �1-MY6F s
Name property
3M T U- z-1E A--) LJi i--t- (A 4A 5 oN 41.1
located at SACrL- SNoR,r r[_r�-C,Hc2 on
(Lot, Block, Road, etc.)
�OU SC9uN� in )q_WA�, i CAR
�uL�
(W er Body) `. N.C.
(Town and/ 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. I understand that a pier must be set back a minimum
distance of fifteen feet (151) from my area of riparian access
unless waived by me.
I do not wish to waive that setback requirement.
I do wish to waive that setback re -�—. quirement.
Description and/or drawing of proposed development: (TO BE
FILLED IN BY INDIVIDUAL PROPOSING DEVELOPMENT)
Signature
Name
Phone Number
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Mail after recording to T�hY. Nict.,lls r P. O. Box 18237, Raleigh, NC 27619 _
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This Instrument was prepared by IF. _Tim:IthY Nicholls.. (!q=thDtit..search) .._...........................................................
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED trade this 25th _. day of .. .....•7t11y.......I................ ......_... - , 19 .31.. , by and between
GRANTOR
GRANTEE
3001 rairview Road
Raleigh, NC 27608
Enter is apr9prfsle Meet tw each early: saa+e, add, ass aad. if apeaplsts, eharaeter of estlty. s.µ eer*watfos or tansrrshty.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assiffna. and
shall include singul.r, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which 's hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of ate CRk Township,
Carteret
County, North Carolina and more particularly described as follows:
LYING AND BEING IN WHITE OAR TOWNSHIP, Carteret County, North
Carolina, and known as a portion of Lot No. six (6) of the Cannon
land and BEGINNING at a stake the Northeast corner of the Dee O.
Minnick lot (now or f-rmerly) and on the South side of the alley
way, and runs thence Southwardly with the East line of the Minnick
lot 200 feet to Hogue Sounds thence Eastwardly with Bogue Sound 100
feet to a stake; thence northwestwardly and parallel with Dee O.
Minnick's line 200 feet to the alley way; thence westwardly with
the South line of the alley way to the point of BEGINNING
containing one (1) lot 100 feet by 200 feet deep. Being a portion
of said Lot Number Six (6) of the said Cannon land as described in
a Deed from Charlie Quinn and wife, Alice Quinn, to H. H. Holleman
and wife, Eunice Mae Holloman, which appears on record in Book 118,
Page 133, in the Carteret County Registry.
There is also included a twenty -foot wide right-of-way equally -
located along the entire northern boundary of the above lot which
is also conveyed for the purpose of ingress and egress to said lot
from dedicated and maintained state roads.
M.C. w Ae.ee Mw r D b1e, Revises tell' PAG
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The pr perty hereinabove described was acquired by Grantor by instrument recorded in
Hook 467, Page 218
A map showing the above described property Is recorded in Plat Book ... ............................ Page ........_......... .....
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
tie Grantee in fee simp!e.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same In fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described Is subject to the following exceptions:
Service and utility►. eesermtS, restrictive OOVeriafit9, ad va10rm t&Xe3 and
other matters of public record affecting subject property.
IN Wt?Ntte w"tutor. the Oraater has hantote Mt hls Wd aN Mal. er it eorperata, w eaaeed ua /aar■N■t to et als■ad to as
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` • Print your name and address on the reverse of this form so that we can
following services (for an extra
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return this card to you.
y • Attach this form to the front of the mailpiece, or on the back if space
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2. ❑ Restricted Delivery
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Consult postmaster for fee.
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e foregoing cerrtift false)
(are) certified to be correct. This rument was pre-
dt estratio d recorded in this office
is day of 19 at 2` O'clock _ M.
Sharon Piner
e 'steer of
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Recording Time, a
Parcel Identifier No. ...... I...... o.l ...W-U..VAA .
Verifiedby ...... .... ....................... _............................ County on the .............. day of .............................. ..................... ....., 19 ..........
by ............................................ ................................. ...
---.......................................................................................................................................
Hailafter recording to......................................................................................................................:...........
- -- -_............................. ............................................................................................................................................................................
This instrument was prepared by ....... James A.- Hndges,...Jr.
..............................................................................................................
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this. 27th .. day of . _ February ...............
GRANTOR
KATHERINE W. WAGENSELLER (Divorced)
- I
_.._ 1984...- , by and between
GRANTEE
JA/ATHERINE VARDELL WILLIAMSON
Vo• 60Y lot,
Su:a s be �. 1 ?JC 12 gs84
Esher is appropriate abet for eae! Party: name, aMresa, arid, it apPrepriate, character of enUty, eq. corporation or partnership.
•r.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
a clatowiedged, has and by these presents does grant, bargain, sell and convey unto the Granide in fee simple, all that
certain lot or parcel of land situated in the City of . ..... ...... .. .._ .. I ... ..... .... , ....White Oak Township,
Carteret County, North Carolina and more particularly described as follows:
Lying and being in White Oak Township, Carteret County, *forth Carolina, and
known as a portion of Parcel No. 6 of the Cannon land and more particularly
described as follows:
BEGINNING at an iron stake in the southern line of a twenty -foot right-of-way,
which point of beginning is located south 85 degrees 50 minutes west 100 feFt
from the intersection of the southern line of said twenty -foot right-of-way with
the tenter line of N.C.S.R. No. 1249; and runs thence from said point of
beginning south 1 degree 18 minutes west 216.87 feet to an iron pipe at the
approximate high water mark of Bogue Sound; thence it runs 85 degrees 50 minutes
west 50 feet to another iron pipe on Bogue Sound; thence it runs north 1 degree
18 minutes east 216.87 feet to an iron pipe located in the southern line of said
20 foot right -of --way; thence it runs north 85 degrees 50 minutes east 50 feet to
the point and place of beginning.
Reference is hereby made to deed dated November 241 1947 by Charlie Quinn and
wife, to H, H. Holloman and wife, said deed of recc►rd in Book 118 on page 133,
Carteret County Registry, to which reference is hereby made,
N.C. S" AGRAW Iarr Me- 3 0 u:4
The property hereinabove described was acquired by Grantor by instrument recorded in ...Book-454,-Page. M., ........
........... t:a-r tere t... Count.y...Regis t.ry........................................................................................................................................................
A map showing the above described property is recorded in Plat Book .................................... page...................... .
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seined of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Granter will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Conveyance is made subject to all valid and enforceable easements, rights of way
and restrictions of record, if any, and prorata share of the current year taxes.
IN WITNass tl'Haa[Or. the Grantor Las aereaau set hls ►and and seal, or If corporate. bus canned this lastraEeat to be signed V ua
eeeperato name by Its duly authoriald officers and Us seal to be hereunto aftix" by authority er Us Board of Dtreetoes6 the des and year nM
above writtoa
-r�/� _ GC'-V-t t_ �- ---(SCAN.)
Cat�lerine Td:- W-���`ny'seIIer
(Corponts Name)
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By:----------------------------------------------------------- .:
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ATTRST: (s[A1.)
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------- ________________secretary (Corporate seal) :;Q
--------------------------------------------------------------(SCAL)
a $ NORTH CAROLINA, -- - ---�r-)---------------County.
\,...., .
N, a Notary PabLk of the County and state aforesaid, comity that .KATME. W—WAM SE
- -(Di�rorced)--------------------------------------------------------------------------------- Ga't«•
••'� t Petsoi+lly ap#"Z&4 betere age thls der and acknowledged the ezrstlon of the losetotag WwAmeoeuQt ttrltaess try
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Nolar1 Publ
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siAL-iTAIfP NORTH CAROLINA-----------------------------------iCeaaq.
L a Ntdary Pubtle of the Coaaty sad bate atoteseid, earthy m...........................................
y Personally ease before age this w sal ackaovtedsod Ihat ---- bo Is --------------------------- soarMary of
Ya------------------------------------------------------ a North Caren" corporation, and that by authority duly
given and " the ant of too :oepeeaCbu6 the lotegeins InoLmenont was signed la Its aaaw by w---------------
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Isreoatalesioa esPtrp:----------------------------------------------------------------------- Notary Publk
The toresoing Cerutieate(a) of ----------------------------------------------------------------------------------------------------------------
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Weia eertHlN to be torML Thin Iastruatont and this cer IM&M am daly cesMered at the date and tLu and be the Beni sad Page sown as tke
nm page Mreot.
---------------^..----..-.-.-...---.--.---------------------_......---RROIATIM or BLLDs►OR------------------- —--------------- COGN"
sty-------------------------------..-_...--«.-..-...-------------BepaC/fAasfotaat- Regloter of Reeds
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67' 13
CERTIFIED NAIL
RETURN RECEIPT REQUESTED
Dear KATHERINE VAR DELL: WILL IAMSON
This letter is to notify you as an adjacent riparian landowner of
I.1r./Mrs.SALTY SHORES LAND OWNERS plans to construct A
DOCK
on their property located at _ SAT Ty SHngFS -RF TWF F.N t
MSON AN FLETCHER
in CARTERET COUNTY , NC. The sketch on the reverse
side accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the
statement below, sign and date the blanks below the statement,
and return this letter to: DnT.AND WTT,T.Tq RT5 RnxLRq
NEWPORT N C ,
as soon as possible.
Should you have objections to this proposal, please send your
written comments to the NC Division of Coastal Management, P. O.
Box 769, Morehead City, NC 28557. written comments must be
received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be
interpreted as no objection.
Sincerely,
OLAND WILL$
07 21 93
I have no objection to the project as presently
proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
Signature
DATE:
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT,HEALTH,AND
NATURAL RESOURCES
ATT,JAMES L.MERCER
FIELD REP.
DIVISION OF COASTAL MANAGEMENT
07-29-93
TO WHOM IT MAY CONCERN,
I,M DOLAND WILLIS,I WAS CHOSEN BY A MAJORITY OF
THE SALTY SHORES LAND OWNERS.TO REPERSENT THEM IN
THIS MATTER.
WHERE TRYING TO OBTAIN A PERMIT FROM DIVISION
OF COASTAL MANAGEMENT.TO BUILD A DOCK EXTENSION.
TO AN ALRAEDY EXISTING DOCK.I AM ALSO A LAND OWNER,
CONCERNED IN THIS MATTER.
SINCERELY
J�OL W� ILL,J_S
07-29-93
r'
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2d Sad retordcd fa this °
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Taco Let No. Hareal Idea Nw 1.. 1. .. Z08 ...,_
.....................................-... ...... _..1 ............. .
YetrbLl by « ... _ w ..._ cooRtr es the ....... ...... _ day of ...... ...... ......... —_......... ........... _% to..........
by........._......._ ...... ._.._......
Kan afar MWdler» _..Asf��nA !► 1 4i... .e... ..�i.Q.3�...YLt�w .1R..�.._
............. _............ Pe .... ........ —___.---------------------- ._.._-............... ...................... .........
_ .__....:._..�
This Lotrasnt wad proposed byS., ,.Sennett �Attorpvp-riorehead City. 1• ,._
Erief deserlptloa for the index
NORTH CAROUNA GENERAL 'WARRANTY DEED
THIS DEED made this .1th .. day of .. ....AUgtlntby and betwoea
GRANTOR GRANTEE
Hilda U. Willis and husband.
George E. Willis,
Doland Willis
maser in aMrePhse wesa he see\ Pry. saga Seer.*; ee4 it ypePA-h, ranaese. et -saw, — ewsereaft w Pry
The dealguation Grantor and GranW SO reed herein shall Include said rarNse. their heirs, sueeessors, and aaelgue, and
Shall lbelode singular, plura4 maetaltns, feminine or neuter se, required by context
WRTNESSI Ii. that the Grantor. for a Taluablo eoWderatlon paid by the Gruata the reeelpt of wh{eb Is hereby
wlm WdIA has aaa by these prosanta do" great, harpies sall and coawy unto the Grantso In fee atmpia, all that
tertaln lot or harte] of land situated in the City of .__......... ... .._....... ..... _.......... _........ White. ..0ak .... Towaahlp,
1MWIgi,_ ........... . _.. County. North Carolina and snore partteulariy deurtbed .s follows:
Beginning at an iron stake in the west side of Salty Shores Road, said
point being Rumfeltes southeast corner; thence with the west side of the
said road 8 2-00 We 104.0 feet to a stake: thence N 88-00 W 264.00 feet
to a stake; thence N 3-42 S 80.0 feet to A stake= thence N 86-43 E 282.0
feet to the point of beginning.
This conveyaaee is made tiubJect to the following restrictive covenant which
is appurtenant to and shall run with the land, that is to says That the
property herein conveyed shall be used for residential purposes only, and
no building shall be erected or maintained thereon having
ling atatccost
price of
this
,'.loss than $10,000.00, based uponcost prices
transfer.
Included in this conveyance is a perpetual right of easement over aid across
the twenty (20) foot road located along the eastern boundary line of the K.U-
% Holloman farinotogether with the perpetual right of user and **semen; of
e_ thirty (30) feet on the shore of Hogue Sound, said thirty (30) feet, -of shore
.'� area being located in the geographical center of the H.H. Holloman tract of.,
land, which itself fronts three hundred thirty (330) feet on Hogue Sound.
4_
jA
� ��, w.ar► e s ure. ie.iea tern. f �wr
' lell
C3 N'
10 E E USS SLACK INK ONLY
I
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ffo., fa
fir G
it w
gd
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easterly and following the contours of saiddtch approximately three hundred (300) feet to
the west line of a twenty (20) foot road; runs thence North 1-10' East along said twenty (20)
foot road three thousand two hundred twenty five (3,225) feet tothe point of beginning, together
with one tobacco barn situate thereon;
Included in this conveyance is a perpetual right of easement over and
across the twenty (20) foot road located along the eastern boundary line of the H. 11. Ilolloman
farm, togeher with the perpetual right ofuser and easement of thirty (30) feet on the shore or
Bogue Sound, said thirty (30) feet of shorearea being located in the geographical center of the 11, 11.
liolloman tract of land, which itself fronts three hundred thirty (330) feet on Bogue Sound.
TO HAVE AND TO HOLD the aforesaid that certain lot or parcel of land and all
privileges and appurtenances thereto belonging to the said parties of the second part, their
heirs and assigns, to their only use and behoof' forever. And thesaid: parties of the first part,
for themseln ,a b. sheirs,axecutors and administrators, covenant with the sad parties of the second
part their heiVs ha Rey are are seized of' said premises in fee, and have the right to convey the
name in fee simple; that the same are free and clear from all incumbrances, and that they will
warrant and defend the said title to the same against the lawful claims of all persons whomsoever.
IN TLSTIMONYWIILRLOF, thesaid parties of the first part to these presents 2have
hereunto set their hands and seals, the day and year above written.
H. H. HOLLOMAN (SEAL)
EUNICE MAE HOLLOMAN (SEAL)
SPATE OF NORTH CAROLINA, COUNTY 010 CARTERET
I, J. C. "uthrie for said County and State do hereby certify that H. 11. Ilolloman
and Eunice Mae Holloman his wife, personally a pp rr fore me this day and acknowledged the due
execution of the foregoing (orannexed) instr : jeL1C
Witness my hand and se , thi6s 4t day of January, A.D. 1955.
a V
My commission expires Sept. 19, 1955. GUTHRIE, NOTARY PUBLIC.
S'TAfE OF NORTH CAROLINA, COUNTY OF ;ARTERET
The foregoing (or annexed) certificate of J. C. Guthrie, N. P. of Carteret
County, is adjudged to be correct. Let the instrument and the certificate be registered.
This 6 day of Jan., A.D. 1955.
JEAN S. WILLIAMS, ASST. CLELk SL'1'LRIOR COURT.
FILED JANUARY 6th, 1955, at 1:00 P. M.
R_;COkDED AND VERIFIED JANUARY 6th, 1955.
IRVIN W.IAVIS. REGISTER OF DEEDS.
NORTH CAROLINA, WAKE COUNTY
THIS DEED, Made this 15 day of Lecember, A.D. 1954, by Hugh Johnson and wflfe
Ruby T. Johnson of Wake County and State of North Carolina of the first part, to T. A. Bone of Wake
County and State of *orth Carolina of the second part: (DOC. STAMI'SATTACIE.D1.10)
sai d
WITNESSETH, That/Iiugh Johnson and wife Ruby T. Johnson, party of the firstpart in
consideration of Ten Dollars and other valuable consideration to them paidby T. A. Bone, party of
the second part the receipt of which is hereby acknowledged, have bargained and sold, and by th ese
presents do grant, bargain, sell and convey to said party of the second part, his heirs and assigns,
A ONE "LF UNliIViDED 1NTLREST IN AND TO a certain tract or parcel ofland in Carteret County, atate
of North Carolina, adjoining the lands of and others and bounded as foil ows, viz.:
Lot No. 31, Block "U"
At Atlantic Beach (opposite Morehead City) and known on the official map or plan of Atlantic Beach,
as prepared by J. Y1. Pugh, Engineer, with later additions by George J. Brooks, Engineer, in July
1934, of record in the office of the Register of Deeds of Carteret County, in Map Book 1, Page 131,
�wl'i J.e lilH t�3n1jJ:
Beginning at the southwest corner of the George Winberry tract, thence running northernly
course• with a ditch 55 yards to an iron stake, thence westwardly a straight line 50 yards to an
iron stake, thence south 55 yards to the road at an iron stake, thence eastwardly 50 yards to
the beginning, containing three -fourths (3/4) of an acre, more or less.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all g-ivileges and
appurtenances thereto belonging, to the said parties of the second part, and their heirs and
assigns, to their only use and behoof forever.
And the said parties of the first part for themselves and their heirs, executors and
administrators, covenant with said parties of the second part, and their heirs and assigns, that
they are seized of said premises in fee and have right t o covey in fee simple; thc:t the same are
free and clear from all 'encumbrances and that they do hereby forever warrant and will forever
defend the said title to the same against the claims of all persons whomsoever.
IN PLoTIMONY WHERisOF, the said parties of thefirst part have hereunto set their hands
and seals, the day and year first above written.
C&LVIN E. CURRIER (SEAL)
LOLA LYE CUI&IER (SEAL)
ETA rE OF NORTH CAROLINA, C ARTERi T COUNTY
I, Jas. H. Davis, Notary Public do hereby e ertify that Calvin E. Currier and wifeLola Lee
Currier, each personally appeared before me this day and edged the due execution of the
t'O 'q
annexed deed ofconveyance. �`
Witness my hand and notarial seal, this 23rd day �f ber, A.D. 1954.
My commission expires JAS. ,H. DAVIS FO rARY PUB L)_
June 13, 1955.
STATE OF NORTH CALL INA , CARTERET COUNTY
The foregoing certificate of Jas. II. Davis, a Notary Public of Carteret County, State of
North Carolina, is adjudged to be correct. Let the instrument, with the certificates, be registered
Witness my hand this 5 day of January, A.D. 1955.
JEAN S. WILLIAMS, ASST. CLERK SUPERIOR COURT.
FE-ED JANUARY 5tji, 195,5, at 3:00 P. M.
RliCORDED AND VERIFIED JANUARY 6th, 1955.
STATE OF '40kT11 CAROLINA, CARTERET COUNTY
IRVIN W.DAVIS. REGISTER OF
INDIVIDUAL DE?;D
THIS DEED Made this 4th day of January, A.D.1955 by and between H. II. Holloman and
wife, Eunice Mae Holloman of the County of Carteret and State of North Carolina parties of
the first. part, and L. W. Parker and wife, Nellie Parke! as tenantsby thee ntirety of the
County of Carteret and State of North Carolina parties of the second part:
(DOC. S )
WITNt;SSETH, that the said parties of the first part, inconsideration of Ten dollars
and other good and valuable consideration to them paid by the parties of the second part, the
receipt ofw hich is hereby acknowledged, have bargained and sold, and by these presents do g rant,
bargain, sell and convey untothe said parties of the second part and their heirs and assigns,
all that certain lot or parcel of land, situate, lying and being in Whiteoak Township, Carteret
County, State of North Carolina, and more particularly described as follows:
Beginning at a point which is twenty (20) feet w est of a stake located in the dividing
line between J. Bell and Ir. H. Holloman, said dividing line stake being two hundred twenty six
(226) feet southwardly from the southern margin of U. 0. Highway #24; runs thence westwardly
and paralleling the line of Highway 1t24 two hundred five (205) feet to the Willie Cannon-H. H.
Holloman line; runs thence South 2-45' West along with the Willie Cannon and Guy Pritchette line
three thousand two hundred twelve (3,212) feet to a ditch in the Guy Pritchette line; runs thence
0
�•.,'. '�+•...�1 .Sb � �.. � i � i►�.g/J���j(y�l /�/���• 'T�:.,�'�:':G7.: ��7!:fi.�� I .. .. S it `I +�� '•�M .� f� �i! � '�'}[ !1
1
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�-=—^�^'•,•�+�wkar+ii.:i�t.Ifri�. [fs�r.�•� � [:� �k�..rd77 � �..��riil.i 1.�...� CFAs.] � k` � }}r �
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OCT-04-1993 15:50 FRDM NCDOJ-ENVIRONMENTAL
TO 99192473330 P.02!06
STATE OF DIURTH CARD LIIJ ►
CDLWTY C)F CARTBPXT
PETITIOM FOR THIRD PARTY)
HRAR.iHC, RE MST 13Y )
BEATRIC:E JONZS 91SE )
DDrORR THE CRA L Rt4AN
COASTAL RESOURCES l'(7MM]rSSION
93 CxT 14
RECC RO)kTION ay
DrVlarnN of COASZA MXNAGEMMT
Pursuant to G.S. II3A-121.1(b) of the Coastal Area
Maltagement Act (CAMA), BPatitri,ce Jrsatct7 $iak, 1.11- petitioner has
fi -d a I'hi d Party Htmring . kequegt With the Coastal resources
Cr,nmiusion. The PetitLLIFIL►r seeks Permission to file a Contested.
Cruse Hearing petitioi7 with the, Office of Administrative Hearings
W challenge the issuance Of CIIIMA C,*-rterai Permit No, 11018 to
Doland 'Kill,iSfSalLy Shores Land ow nerx to construct a pier
I--
extension with a aF-haacl platform in BogmY sound adjacent to Salty
Snores Subidivisinn, Carteret County, North Carolina.
I. FACTS
A. CAMA C,eneral Permit No. 12019 was isaued by a
r9PVeaentaLivR of the Divisifln csf Coastal NanQgemenL (DCM) on.
August 23, 2993, to construct a 16pier c7ttenSioti1withalig J by
p7attorm on the end. (Attachment 1 is a copy of Gonwral
Permit Nv. 11019 and the -work Minns.)
B. The pier extension will improvb riparian access from a
30' eaxfment granted to certain landowners in -thP Salty Shores
S'Ubdivisfi.on, including nolaad Willis. RiVall-an access from the
eQgeMPnr is already provided by a short pier and boat ramp.
(Attacbmant 2 is a Cagy of the Decd provided. by Dolanq Willis as
part of the permit appl.ivation.)
OCT-04-1993 15:51 FROM NCDOJ-ENVIRONMENTAL TO 39192473330 P.03i06
2
C. PetitLQner signed her Third Party Hearing Roquest on
Septomber 13, 1993.
D. DCM's Dispctor has na record that. the Pctitioner , s Third
Party hearing RFfVIPSt was ever filed w, t.h him. Nor is there Any
rocard that the PP-titionor's Third Panty Hearing Requwgt was
filed WWT thc' ropreoontative of nCK who ,Loaned LAMA General
Permit No. 11018,
E. A rr47 of PctitiOner's Third Party Hearing Rp.cluest wag
filed with the c;4�neral Counsel, N.C. Department of P'nviroHrnent,
Health, and Natural Resources (DEH")r of September 21, 1993.
IT. REC0MMEKnATIpt4 To CHAIRMAN
A. The Pot'tloner har; failed to allege that the issuance of
CAMA General Permit No. 11018 is contrary t.0 any aPPltcshle
starutAS and regulation,-;. APParent.iy she is ubjecting that the
p1er extension and will subatantiaJly reduce the value o1
her lot and attrar-.r. largo aAd unruly rruwds and interfere with
'-Yk& 644S.t! Ju,fl. avdartr
her right of ingr"ss and �egrces over Lb" ANIPW 30 t easement,
8 • The Pet it i uner is apparently a Berson directly of feu tpd
by the issuance al- CAKA General Permit, No. 11018 in that sha IS
one of the many persons In the sul-A-iivision having a right of
AZO
ingrea and e9r�a3s access ever the • eagement being used fnr a
road and the 30' easement being uKNc9 for access to Rogue Snund..
C. UP00 a consideration of all the information available,
the yetitIrliter has tailed to tihow a substasttinl likelihood of
OCT-04-1993 15:51 FROM NCDOJ-ENVIRONMENTAL TO 391924?3330 P.04r06
3
prevailinq on the merits in a contouted case henring .for the
r'te+tz 4o%Ir
following;
I. G.S. 113A-121.].(b) provides that a Third party Hearing
Request musL by in writing and "received i.vy the =w"+.,t within 2p A%4§W4 cr#; .
days after LIte disputed permit decision is xad*, • The deadline
for filing a Third Party Hearing RP_cjrrE+St to challenge the
issuance of CAMA t aneral permit ,(a. 110.18 rail on September 13,
1993, since the 2U day period exl,ired on Sunday, September 12.
2. The form for filingr Th; rcI Party Hearing Requests i_I+parly
provides that 'The original Hearirtq nequost should be file-t3 with
the: Director, Divirion of C.aasL.al Xanagement.... ° The original
Of the Petitioner ' c Third Party Hearing Request was lm*ver filed
with DCX, s Diroctor or the utppresent-ative of DCM whtr issued cAKA
General Pormit No. 11019. Furthormom, the Hearing Request i:c
dated September 13, 1993, the date of the dead) irW, and thus it
is Unlikely it could hmve been filed on time r7rtless it wan hand
delivered and there .f.jis no evidence showing thir;.
3. The form fc-)r filing Third Party Hearing Requests also
providou that a copy of the Rcqueat musi_ w#, served on the Gene ZtLl.
Cousel of DEMM. This was done. however, the copy wars not served
on the DEEWR's c piteral Counsoi until SrgltembQr 2l, 1993, whirl,
Was more than a week after the 20 day deadlin9 had expired.
4. Since the Petlt2Qner fail"I to psrfeCt her Thirst Parry
Hearing RequPut within the 20 day deadline r there is no rP,ason
for the Chairman to conaider the merits oZ her allegations.
OCT-04-1993 15:51 FROM Nt:10J-ENUIR0 MENTRL TO 99192473330 P.05/06
4
However, if he decides to to so, it appears she is contending
that the issuance of LAMA General Permit No. 11018 will
substantially impair the value and enjoyment of her lot and
attract large and unruly crowds although she offers no persuasive
evidence to support this. In addition, she appears to allege that
the d= extension and platform will violate her rights in the
30' access easement which she shares with numerous other property
owners. This is a question for resolution by the General Courts
of Justice, not the CRC.
Ill. CHAIRMAN'S RECOMMENDATION
For the above reasons, the Chairman of the CRC should deny
the Petitioner's Third Party Hearing Request.
This the day of October, 1993.
FOR THE DIVISION OF COASTAL
MANAGEMENT
David G. Heeter
Assistant Attorney General
f N.C. Department of Justice
P.O. Box 629
o Raleigh, N.C. 27602-0629
(919) 733-7247
OCT-04-1993 15:51 FROM NCDOJ-ENVIRONMENTAL TO 99192473330 P.06f06
5
CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the
foregoing Recowrnendation of the Division of Coastal Management on
Beatrice Jones Sisk by causing a copy thereof to be deposited in
the United State Postal Service in an envelope with sufficient
postage for delivery by first class mail and addressed to:
Beatrice Jones Sisk
Acting Pro Se
Route 5, Box 505--D
Newport, NC 28670
This the day of October, 1993.
David G. Heeter
Assistaxnt Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, RAC 27602-0629
(919) 733-7247
TOTRL P.06
OCT-04-1993 15:50 FROM
!N :KAP7 F. FASL6Y
ATC2"4L"Y VtNERAl.
NCDOJ-ENVIRONMENTALTO
to
State of ?'north Gdrolina
DeParlmcnt of lumiuc
P. n EKJX 620
RALDGFi
39192473330 P.01t06
Phone: (919) 733-5725
(919) 733--7247
Fax: (919) 733-0791.
TELECOPT�?R TAANSl�tl'1"mL SKEET
Fax NUMBER: l� rtiu� t �,l
NUMDZR OF PAGES ( INCLUDING TRMSMITTAT. SHEE1')
CONFIRM ftRC EIPT Or' WCUMENT(0) IF nARTCFn
CQifM NTS :
An Fqu81 Uppalunity / Affurrx4llve Arrugn Employer