33914_WOOD, JON S_20030401

CAMA DREDGE & FILL
GENERAL PERMIT
Previous permit
QNew 17IModification LIComplete 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
[NAles attached.
Applicant Name 7-) -r-f
Project Location: County 0,41 4 i"C is
Address
Street Address/ State Road/ Lot #(s) t7,
City C, 0A 1`--p ZIP
(C. Stat t�f e
Phone # # O
Subdivision
Authorized Agent Aq:--)j J
city i r lzi t ic: t -;4--k ZIP
EW E:1 ES
�JCW D PTS
Affected
Phone - River Basin
el
AEC(s): 0 OEA E HHF [I 1H E UBA El N/A
Adj. Wtr. Body 1L? I, Q4, it 1ra;tbman /unkn
El Pws: El FC:
Closest Maj. Wtr. Body
ORW: yes / no P N A f"y. s / no Cit. H,b. yes no
Type of Project/ Activity
M
MOVES!
■ONE
OEM
We
I
rod
I
ME■I
IMUMV
0
0
IS
EMMONS
SIMON
cubic yards (Y I
Boat ramp
Boatho*! Boatlift
Beach Bulldozing
Other ]-A
Shoreline Length
SAM not sure yes no,.
Sandbags: not sure yes no
Moratorium: n/a yes ;no
Photos: no
Waiver Attached: y6s
A building permit may be required by:
Notes/ Special Conditions
—,4
Agent or Applicant Printed Name
Signature Please read compliance statement on back of permit
Application Fee(s)
Check #
(Scale:
❑ See note on back regarding River Basin rules.
))� h
Permit cer' Silgna4i
q70I 1 76 3
Issuing Elate 1( EApiration Date
Ll I 'it a 4
Local'Planningjurisdiction 6vir 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:
J Tar - Pamlico River Basin Buffer Rules U 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
Mailing Address:
1638 Mail Service Center
Raleigh, NC 27699-1638
Location:
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293 / 1-888-4RCOAST
Fax:[phone]
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)
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

CARL HEVERLY NCDL# 6078185
7306 CANAL DR., PH. 252-354-7154
EMERALD ISLE, NC 28594
1380
Date- 7 66-30/531
342
Pay to the
Order offl
I $ 00
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FIRST CITIZENSJ4Z
)D /� �1-�I FirsyLilizans Bank 8 Trusl Company
�1l � 1� Capa Cartarat, N.C. 28584
www.firstcitizens.com
For r` >< s �Jnti� x Zp� IC
1:0 5 3 L00 300 DIL. 3 5
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GUAFDIANOSAFETY BLUE WDBL

AJvJ A(-P-IN t El-eAKLA : VRU VL Ki Y U YV IN.L.K S I A IL,L. 1
(FOR A PIER/MOORING PILINGVBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to J n W 6,0
s
(Name of Property Owner)
properly located at d 5 c e( S C�- e e, Y^
(Lot, Block, Road, etc.)
on A Ar-y s C f e e. in r"YAe
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing that location,
and, I have no objections to his proposal; I understand that a pierimoorir,�
pilings/boadift/boathouse must be set back a minimum distance of fifteen feat (l�') from my arw
of ripari access unless waived by me.
I do not wish to the setback requi:e;nent.
I di- wish to waive t:at setback recuire:re:it.
MAR 2 7 2003
DESCRIPTION AND/OR DRAWD G OF PROPOSED DEVELOPNEENT: l
(To be filled in by individual proposin; development)
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Si�nat/ure
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Print or Type Name
Asa- 3sy-33-2L,
Te',ephone Number
Date: 3- 2-S - p 3

ALJ1 K1YAIX-L�: VRUehKI Y Uwf"4,.K S1AILNLr ti 1
(FOR A PIER/MOORING PfUjVGVB0AT7-IFT/B0ATH0USE)
ILI
I hereby certify that I own property adjacent to J b n �� 's
(Name of Property Owner)
prope. ,y located at —7 Z U A r 6 h e ,l s C e r
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C-,(P-P-.k
(Lot; Block, Road,etc.)on ACc �P�S in EnneY'ON, I
S e- , N. C.
(Waterbody) (Town and/or County)
He has described to me, as s<<own below, the development he is proposing a, tl,,a_ location,
and, I have no objections to his proposal. I understand that a pier; mooring
pilinQs,boatlifz/boathouse must be se -back a minimum distance of fifteen feet (15') from my a_ta
of 7an access unless waived by me.
I do not wish to wail th-- setback reaul'71ment.
MAR 2 Y 2003
I do wish to waive that setback recuirement.
DESCRIPTION AIND/OR DRAWD G OF PROPOSED DEVELOPNIE\7:
(To be filled ir by individual proposing development)
l I
Signature
/41I'.'1, il) . 24c
Print or Type Name 0
Telephone Number
Dace: W 3./ AV 203
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DIVISION OF COASTAL MANAGEMENT
N I
e.13A
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT A o NATURAL RESOURCES
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TO: � C�T1 �U �Gc�
OFFICE:
TELEPHONE #: I ] FAX #: C 1 `35q --� 8 (c
FROM: ` RLI L��? f1-E:Tff
OFFICE: DIVISION OF COASTAL AL N ANAGE1\4EN'T
RE
DATE SENT:
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: ���

ALTW4
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� -
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Jon Wood
Facsimile Correspondence
Re: 7205 Archer's Creek Drive
Emerald Isle, NC 28594
Dear Mr. Wood,
February 28, 2003
This letter is in response to your request for a pier at the aforementioned lot. Mr. Charles Jones asked that
I write to you and explain the NC DCM rules governing such structures and our Division's interpretation
of these rules with regard to the specific request you have made.
Your original request to me through your contractor, Mr. Carl Heverly, was to construct a pier to the
length of the adjacent "grand fathered" pier to the east, or approximately 1/2 of the distance across the
water body of Archer's Creek at this location. According to 15A NCAC 07H .0208(b)(6)(J)(iii),
"Measurements to determine widths of the water body... shall be made from the waterward edge of any
coastal wetland vegetation which borders the water body." I asked that Mr. Heverly take measurements
of the water body at your location as an aid in making a fair determination. Mr. Heverly's measurement
of 160' across the water body at this location is confirmed by 1995 and 2000 aerial photography. The
above -defined rule also states "Pier length shall be limited by not extending more than one-fourth the
width of the ... water body.... The one-fourth rule shall not apply when the proposed pier is located
between longer piers within 200 feet of the applicant's property. However, the proposed pier cannot be
longer than... 1/3 the width of the water body." In thinking that this rule applied to you, you revised your
request to extend 53', or 1/3 of the distance across the water body. Unfortunately, the piers to the west
you your property do not extend to 1/3 of the water body width as measured from the waterward edge of
the marsh. In fact, none of the 1 I piers along this shoreline to the west of your property extend to '/4 of
the width, rather, they simply cross the marsh and stop at the water's edge.
Based on the width of Archer's Creek at the property location and the adjacent pier lengths, 15A NCAC
07H .0208(b)(6)(J) does apply to your proposal, and as such the pier length, to include any end structures,
mooring piles, etc. are limited to 1/4 of the water body width, or 40'. If you would like to re -submit the
request to terminate the proposal 40'or less from the waterward edge of the marsh, I will be glad to issue
a General Permit for the project. Alternatively, if you would like to request a variance from this rule
through our governing body, the Coastal Resources Commission, you may do so with the enclosed forms.
If I can be of further assistance, please do not hesitate to call at 808-2808, or e-mail at
tere.barrett(d),ncmail.net.
Sincerely,
Tere Barrett
Cc: Charles Jones, DCM
Jim Taylor, LPO
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

001
DCM FORM 11
PETITIONER'S NAME
COUNTY
FILE NUMBER
(petitioner leave blank)
CAMA VARIANCE
REQUEST
Pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Administrative
Code 7J Section .0700, the petitioner in this matter applies to the Coastal Resources Commission for
a variance.
The undersigned states that (check one):
He or she has received a final decision on an Application for a CAMA
Major Development Permit; or
He or she has received a final decision on an Application for a CAMA
Minor Development Permit.
For this variance request to be complete, the petitioner must provide the information listed
below. The undersigned petitioner verifies that this variance request is complete and includes:
the case name and location of the development as identified on the permit application;
an explanation of the reasons why the petitioner believes that the Commission should grant
a variance (petitioner must provide complete responses to the four questions presented on
this form, and should be able to answer (a) and (b) in the affirmative, (c) in the negative, and
(d) in the affirmative;
a copy of the permit application and denial for the development in question;
the date of the petition, and the name, address, and phone number of the petitioner; and
a complete description of the proposed development, including a site drawing with adequate
topographical and survey information.

N
VARIANCE HEARING PROCEDURES
A variance request will be considered by the Commission at a regularly scheduled meeting. A
variance petition will be heard by the Commission no later than the second regularly scheduled
meeting following the date that the attorney for the Division of Coastal Management and the
petitioner reach agreement on stipulated facts relevant to the four variance criteria listed below,
except when a later meeting is agreed upon by the petitioner and the Division of Coastal
Management. A complete variance petition, as described below, must be received by the Director of
the Division of Coastal Management a minimum of four weeks in advance of a regularly scheduled
Commission meeting to be eligible for consideration by the Commission at that meeting. The
stipulated facts which support the variance criteria must be agreed to at least two weeks prior to the
meeting at which the variance is scheduled. If stipulated facts are not agreed upon at least two weeks
prior to the meeting, the variance petition must be rescheduled for the next meeting of the
Commission. Therefore, a petitioner is encouraged to submit a complete variance request more than
four weeks in advance of a meeting in order to have the maximum opportunity to be heard at the next
regularly scheduled meeting of the Commission.
The procedure described above does not apply in all circumstances. In the following instances, a
petition must be heard by means of an administrative hearing: when there are controverted facts that
are significant in determining the propriety of a variance; when the Commission determines that
more facts are needed due to the extraordinary nature of a petition; or when the staff determines that
agreement cannot be reached on sufficient facts on which to base a meaningful variance decision.
VARIANCE CRITERIA (If necessary, please attach additional sheets)
The petitioner has the burden of convincing the Commission to grant a variance. The Commission
may vary or modify the permit application, and impose reasonable and appropriate conditions and
safeguards upon any variance it grants. N.C.G.S. § 113A-120.1
(a) Will strict application of the applicable development rules, standards, or orders
issued by the Commission cause the petitioner unnecessary hardships? If so, the
petitioner must identify the hardships.
(b) Do such hardships result from conditions peculiar to the petitioner's
property such as the location, size, or topography of the property? Explain.

3
(c) Do the hardships result from actions taken by the petitioner? Explain.
(d) Will the variance requested by the petitioner (1) be consistent with the spirit,
purpose, and intent of the rules, standards or orders issued by the Commission; (2)
secure the public safety and welfare; and (3) preserve substantial justice? Explain.
Due to the above information and pursuant to statute, the undersigned hereby requests a
variance.
Date
Signature
Name of Petitioner or Attorney
Address
City State Zip
Telephone Number
Fax Number and/or E-mail Address (if available)
This variance request must be served on the Director, Division of Coastal Management, and the
Attorney General's Office, Environmental Division, at the addresses shown on the attached
Certificate of Service form. If a contested case hearing will be required to resolve disputed facts or
you want to appeal the permit decision upon which your Variance Request is based, a separate
Petition for a Contested Case Hearing should be filed with the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699-6714 as well as with the parties listed on the
attached Certificate of Service form.

Cl
CERTIFICATE OF SERVICE
I hereby certify that this Variance Request has been served on the State agencies named
below by depositing copies of it with the United States Postal Service with sufficient postage for
delivery by first class mail or by personally delivering copies to the named agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
and a copy served on: Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
This the day of , 20
Signature of Petitioner or Attorney
Revised: August 2002