14809_HINES, JOHN & DIAMOND, INC._19950921

CAMA AND DREDGE AND FILL
GENERAL
r� 0 14809
PERMIT6
���'
as authorized by the State of North Carolina OP
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC f
Applicant Nage r �, ' i /"' -"" ` "Jos-% `- Phone Number T� y l
Address
City
. + fv;�Q'' State Zip
J
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION
Pier (dock) length
SKETCH
. _.
(SCALE:
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-
Groin length'
r
(
number
Bulkhead length
;
_
/C4
^
al
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max. distance offshore
Basin, channel dimensions
7T I I I 1 114 1 �
_.
cubic yardsell
Boat ramp dimensions
OtherCw
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.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
fapplicant's signature
attachments
permit officer's signature
issuing date expiration date
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
application fee_

23109
T. D. EURE CONSTRUCTION B1X�C�
COMPANY, INC, BU
66-112/531
MOREHEAD CITY, NORTH CAROLINA 28557
BRANCH BANKING AND TROSTGOMPAHY
MOREHEAD CITY. NORTH CAROLINA 28557
September 8, 19 95
PAY Fifty and 00/100------------------- --------- --------------- — DOLLARS $ 50.00
F -I
TO DEHNR
THE T. D. EURE CONSTRUCTION COMPANY, INC.
ORDER VOID AFTER 60 DAYS
OF
GAC- I S o _�� __y'----- ----- --- ----
II■0002310911' i:053101L2W:L23100242811'

PROPOSED DOCK
FOR
JOHN A MINES
SCALE 1" = 40'
SOUNDINGS AT MEAN LOW WATER ( I
PLAN BY T. D. €URA' CONSMUCT10N, INC.
919195
TOWN CREEK
ERB FLOW
22'-0" . ��aA 20'-0r`k/ FLOATING DOCK
•
(3 ) 3r-0rr
1Or-0r1�
i
FIXFD PIER
(2)
l70'-0"
a
JOHN M. MINES
� a
Rfst/DfNCf
110 W. ANN STREET
8EAUFORT, N. C.
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IRON STAKF
ExanNG PIER
I
J. G. SWAIN
100 ANN STREET
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B a M RAILROAD 220 r 50' w, ` 8
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LEGEND
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LCgAL LOT LINE S NO - _- - - - If"
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COLE.LAYER.TRUMBLE COMPANY
' 139 -,ALEN AVENUE OAItON, OY10,sr%e
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NOT[r .
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DATE
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DATE 1-TL-TS
aEVISE:)
SCALE:

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T. D. EURE CONSTRUCTION CO., INC.
POST OFFICE BOX 650
MOREHEAD CITY. NORTH CAROLINA 28557
PHONE [phone]
September 8, 1995
Mr. Cliff Winefordner
Mr. Howard Varnum
U.S.A.C.O.E.
P O Box 1890
Wilmington, NC 28402-1890
Gentlemen:
Thank you for meeting with me yesterday regarding the John
Hines residential pier project on Gallants Channel. Mr. Hines
has decided to apply for a general permit to construct the pier
within the limits we discussed - parallel to the existing pier
and no further offshore than an extension of the existing tie
pile alignment. He may apply for a permit to dredge at a later
date.
This letter and a copy of the pier plan, vicinity map,
and correspondence to Mr. Charles Pigott constitute a request
for a letter permit from your office. Please call if you need
additional information.
Enclosures
CBBj/cf
Sincerely,
C. B. Bissette, Jr.
Vice -President

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to A4�
prop ty located at on
oc roa etc. (water
in N.C. He has
body-)— own an or county
described to me as shown below the development he is roposing at that
location and I have no objections to his pr
oposal.
osaI I understand that a pier
must be set back a minimum dis c of 15 feet from my area.of riparian
access unless waived by me. I do/do not wish to waive that setback requirement.
(circle one)
Description and/or drawing of proposed development: (to be filled in by
individual proposing development)
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■ Complete items 1 and/or 2 for additional services.
■Complete items 3, 4a, and 4b.
■ Print your name and address on the reverse of this form so that we can return this
card to you.
■Attach this form to the frontpf the mailpiece, or on the back if spac
permit.
■Write'Return Receipt Requested' on the mailpiece below the articl
■The Return Receipt will show to whom the article was delivered an
delivered.
3.
5. Received By:
6.
� 1 X /l —C,t,r t )` Cat
PS Form 3811, December 1994
I also wish to receive the
following services (for an
extra fee)'
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does not 1. El Addressee's Address
2-1
number. 2. El Restricted Delivery y
d the date
Consult postmaster for fee. a
4a.%Alrtiicle Number
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4b. Service Type
❑ Registered O—Gertified
❑ Express Mail ❑ Insured S
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❑ Retum Receipt for Merchandise ❑ COD
7. Date of lt�.qelivery
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8. Addressee's Address (Only if requested
and fee is paid) t
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A.
T. O. EURE CONSTRUCTION CO., INC.
T D EURE POST OFFICE BOX 650
MOREHEAD CITY, MOREHEAD CITY, NORTH CAROLINA 28557
N.C. PHONE [phone]
September 8, 1995
Mr. Charles Pigott
Division of Coastal Management
P 0 Box 769
Morehead City, NC 28557
Dear Mr. Pigott,
As agents for Mr. John Hines, we are applying for a general
permit to construct a residential pier on Gallants Channel in
Beaufort, N.C.
The proposed pier will parallel the existing pier to the
north owned by Mr. Jasper Swain, 100 Ann St., Beaufort, N.C.,
DEHNR permit #38-91. The outermost line of the proposed pier
will not exceed an imaginary extension of Mr. Swain's tie piling.
I have enclosed a plan of the proposed pier, and a vicinity
map. Riparain property owners have been notified by certified
mail.
Jasper G. Swain
100 Ann Street
Beaufort, NC 28516
Lillian Register
105 Front Street
Beaufort, NC 28516
By copy of this letter we are requesting a letter permit
from the U.S. Army Corps of Engineers.
Sincerely,
6�z�l
C. B. Bissette, Jr.
Vice -President
cc Mr. Cliff Winefordner
Mr. Howard Varnum
Mr. John Hines
CBBj/cf

APT%
T D EURE T. O. EURE CONSTRUCTION CO., INC.
POST OFFICE BOX 650
UL MOREHEAD CITY, MOREHEAD CITY. NORTH CAROLINA 28557
NC. PHONE [phone]
September 8, 1995
Mr. Cliff Winefordner
Mr. Howard Varnum
U.S.A.C.O.E.
P 0 Box 1890
Wilmington, NC 28402-1890
Gentlemen:
Thank you for meeting with me yesterday regarding the John
Hines residential pier project on Gallants Channel. Mr. Hines
has decided to apply for a general permit to construct the pier
within the limits we discussed - parallel to the existing pier
and no further offshore than an extension of the existing tie
pile alignment. He may apply for a permit to dredge at a later
date.
This letter and a copy of the pier plan, vicinity map,
and correspondence to Mr. Charles Pigott constitute a request
for a letter permit from your office. Please call if you need
additional information.
Sincerely,
C. B. Bissette, Jr.
Vice -President
Enclosures
CBBj/cf

Diane C. - Hayes
1313 B. St. ext.
New Bern, N.C. 28560
20 Feb 95
Mr. Tom Welborn
U.S. Environmental Protection
Wetlands Regulatory Unit
Atlanta, Georgia 30365
Dear Mr. Welborn:
Enclosed you will find before
the destruction and excavation
determination, as we discussed
Agency --Region IV
and after surveys showing the extent of
of wetlands I.D. # 199201721 wetland
on the telephone.
Also enclosed is a copy of our suit filed by our attorney to Mr. Benny
Thompson and L-Lnda Thompson for destroying wetlands, which is deeded
to John and Diane Hayes, and for causing soil errosion problems as well
as drainage problems which inturn has caused silt to build up in the
entire wetland stream area. Wildlife, nests and-)ther natural elements
have all been effected. All this was done without owner's permission;
without proper authority from city officials; and without permits from
the N.C. Coastal Management Office.
History will reveal to you that the Thompsons have been notified in the
past by Mr. N onn Sanders at the Washington Regulatory Field Office,
P.O. Box 1000, Washington, N.C. 27889, phone [phone], who
notified the Thompsons that it was a Federal offense to dig on wetlands
and they were advised to stop. However, the Thompsons have not stopped.
Initally it was the Thompson who notified Norm Sanders to look at the
wetland area because he wanted to stop our neighbor from puttilig in a
dock next to his house. He also claimed that I was trying to fill in
wetlands.. I do not own earth moving equipment nor have I ever hired any-
one to do such work. We also have a video showing Mr. Thompson excavating
soil at the mouth of the wetland stream. If you need it I would be ready
to provide it to you or show it to anyone who needs to see it.
Finally, when Mr. Norm Sanders investigated Thompson's complaint he re-
ported it to the Regional office in Wilimgton as being a property dispute
between Mr. Thompson and his neighbors and gave our property a wetland
I.D number of 199201721. Attached is the letter Mr. Norm Sunders sent us
concerning this action. We are very appreciative that Mr. Sanders gave
us a wetland I.D. number to protect our property. even though it was at
Mr. Thompson's insistance. Because, now when Mr. Thompson diggs on our
property he is not only tresspassing, he is also violating federal wetland
regulatory laws.
This letter requesting a follow-up will be the third time Mr. Thompson
will be advised by federal authorities to stop digging. I hope that this
time these efforts will be more enforcing, as the past notificatio^s have
been ignored by Mr. Thompson.
cerel ,
Diane C. Hayjgs, R.D.
USAR, LTC
Post -It "" brand fax transmittal memo 7671
# of pages ►
To ��.Ct
From.
Co.
co.
Dept.
Phone #
Fax #
Fax #
cc: Mr. Charles Jones, N.C. Div.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
W REPLY REFER TO
Regulatory Branch
May 1, 1992
Cxn�Ilj���20171, Wetland. Rete�iiD�s
; c �Y,
Mr. John Hayes
1313 "B" Street
New Bern, North
Dear Mr. Hayes:
Carolina 28560
On February 25, 1992, Mr. Norm
Field Office visited your property
bridge in Bridgeton, Craven County,
presence of wetlands subject to our
Section 404 of the Clean Water Act.
of your property.
f�
FEB2 199
Riif�rWrrrwrr••�M•rrr••r.
Sanders of our Washington Regulatory
on the Neuse River, above the railroad
North Carolina, to determine the
regulatory jurisdiction pursuant to
Mr. Sanders flagged the wetland portion
Issuance of Department of the Army authorization must precede any
placement of excavated or fill material within any wetlands on your
property. Such activity without authorization would be a violation of
Federal law. Before you undertake any work, we strongly suggest that the
wetlands be surveyed and indicated on a property map. If it is your intent
to avoid the wetlands, such mapping would help to prevent an unintentional
disturbance of wetlands on your property. Also, such mapping would assist
your planning and be essential to any application for permit which you might
submit. Property maps with surveyed wetland lines must be field verified by
our staff to be acceptable.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Sanders at our Washington Regulatory Field Office, Post
Office Box 1000, Washington, North Carolina 27889, telephone [phone].
Sincerely,
4v7
e Wrig
Chie , Regulatory Branch
C1bL— bI I3
Copies Furnished:
Y—
Mr. Charles Jones cSo�
U.S. Environmental Protection j
�
Morehead City Regional Office Agency - Region IV
North Carolina Division of Wetlands Regulatory Unit.
Coastal Management 345 Courtland Street, N.E. (V-LA W z
r u �
Post Office Box 769 Atlanta, Georgia 30365 iZ`C
h d Cit North Carolina 28557
More ea y,

NORTH CAROLINA
" ``
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
CRAVEN COUNTY
- -
FILE NO.:
FILM NO.:
JOHN HAYES and
Wife )
DIANE C. HAYES
Plaintiffs,
COMPLAINT
BENJAMIN THOMPSON, and wife, )
IIVVit
LINDA THOMPSON,
)
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Defendants. )
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3
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w PLAINTIFFS, complaining of the Defendant say and allege:
3
0 1. The Plaintiffs, are citizens and residents of Craven
0
a County, North Carolina.
3
a
a
2. Defendants are citizens and residents of Craven County,
z North Carolina.
3. Plaintiffs, are the owners of certain parcels of real
d estate in Craven County, North Carolina No. 2 Township rear the
0
MO town of Bridgeton and being more particularly described as follows:
J
t
Lots Nos. 36, 37, 38, 39, 40, 41, 51 and 52
Stringfield Property as shown upon a map of
the same recorded in Map Book 1, at Page 85,
m Craven County Registry.
i
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w4. The Defendants unlawfully trespassed upon the above
c
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= describe property of the Plaintiffs; and, by use of a "backhoe" or
other earth moving equipment dug out a trench upon the property of
Plaintiffs a lineal distance of approximately 160 feet which caused
the edge of said ditch on Plaintiffs' property to erode and cave in
and to undermine a building situated on said property.

2
S. Plaintiffs have been damaged by the unlawful trespasses
and actions of the Defendants in a sum exceeding'$5,000.00.
6. Plaintiffs are, therefore, entitled to recover udgemer.t
against Defendants for all damages sustained by the unlawful
trespass to and damage and waste committed to their said real
2
N property.
0
z WHEREFORE, Plaintiffs pray the Court:
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3 1. For judgement against Defendants for all damages
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:,i sustained by reason of trespassing hereinabove referred to.
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a:2. That they recover against the Defendants the court costs
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o including a reasonable sum for attorney fees for their
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Qrepresentation in this case.
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3. For such other and further relief as to which the
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o Plaintiffs may show themselves entitled.
This the _day of February, 1995.
d
c HENDERSON, BAXTER & ALFORD, P.A.
Attorneys for Plaintiffs
BY:
David S. Henderson
= State Bar No. 2016
Q 607 Broad Street
W Post Office Drawer U
0
= New Bern, North Carolina 2B563
W
= Telephone: [phone]

i
NORTH CAROLINA
CRAVEN COUNTY
VERIFICATION
JOHN HAYES and wife, DIANE C. HAYES being first duly sworn,
deposes and says that they are the Plaintiffs in the foregoing
action; that they have read the foregoing Complaint and knows the
contents thereof and that the same is true to their own knowledge
except to those matters therein stated on information and belief,
and as to those matters, they believe them to be true and correct.
- Q
Jai HA E
SUE
he
`= NCTARY
0 P:iBLIC
94-H-18309
. 2 �
DIXNE C. HAYES �T
ibed and sworn to before me, a Notary Public, on this
day of February, 1995.
141
Expires: NOTAR LIC
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Su RvcY FOR:
d©HN J HA YES, JR.
AND W!FE
D l A NE C. HA YES
NO.2 TOWNSHIP CRAVEN CO. NORTH CAROLINA
VA-V_-, J U N E 15, 19 88 . N Eye( MFN
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N E U S E
NOTE:
THE SIDES OF THE DITCH ARE ERODING
AND FALLING INTO THE DITCH. THE SIDE
SLOPES OF THE DITCH ARE TOO STEEP
FOR PROPER VEGATATIVE COVER TO BE
MAINTAINED.
R I V E R
I. ROBERT H. DAVIS, CERTIFY THAT THIS MAP WAS
DRAWN UNDER MY SUPERVISION FROM AN ACTUAL
SURVEY WADE UNOER MY SUIERVISION ON JULY 27.
1994 OF PHYSICAL FEATLRES AT A PORTION OF
8TRINSFIELD SUBDIVISION AS RECORDED IN M8:1
P: 85,.AND THAT THE BJUNDARIHS"O� M.JIOT
SURVEYED.
WITNESS MY HANG AND SEAL rMt 1iT QAV-9F.,�AOAQ -,
1994 ;4
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RESIBTERED LAND SURVEYOR : L-24M ;.
NOTES:
OWNER DIANE HAYES
REFERENCE& OB: 1245 P.784 C NO: 1 8: 85
THIS PROPERTY SCALES WITHIN ZONE A8 ACCORDING
TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD INSURANCE RATE MAP '870072 0245 8' DATED
MAY 4. 1987. THIS STATEMENT DOES NOT SUPERCEDE
THE ABOVE REFERENCED MAP.
!2 TOWNSHIP CRAVEN CO. NC
PROPERTY AT NEll.SE AND
BEACH STREETS
94151 08-01-94 1'-16'
SURVEY FOR
DIANE HAYES
BEACH STREET
NEW BERN. NORTH CAROLINA
R08ERT H. DAVIS. RLS
SURVEYORS AND PLANNERS
7175 HIGHWAY 70 EAST
NEW BERN, NORTH CAROLINA 28562
Kj 919-636-2109
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