61015_SCHOEN, KURTIS_20121115

;,ItMA/ ❑ DREDGE & FILL O. 61015
ERAC PERMIT► Previous permit#
ix
ew ❑Modification El 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 15A NCAC
❑ Rules attached.
Applicant Name Project Location: County
Address Street Address/ State Road/ Lot #(s)
City State ZIP i
Phone # O _ _ Fax # (_ _) Subdivision
Authorized Agent _ City ZIP
Affected Ll CW L EW ❑ PTA ❑ ES Ci PTS Phone # (_ . ) _ River Basin
AEC(s): J OEA 1 HHF ❑ IH ❑ UBA 7 N/A Adj. Wtr. Body _gnat /man /unkn)
C; PWS: ❑ FC:
ORW: yes / no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body —
Type of Project/ Activity
Pier (dock) length
Platform(s) 1
Finger pier(s)
Groin length
number j
Bulkhead/ Riprap length ?
avg distance offshore Sr
max distance offshore
Basin, channel
Boat ramp
Boathouse/ Boatlift
Beach Bulldozing
Other
Shoreline Length _
SAV: not sure yes no -
Sandbags: not sure yes no
Moratorium: n/a yes no
Photos: yes no
Waiver Attached: yes no
A building permit may be required by:
Notes/ Special Conditions
a
(Scale:
See note on back regarding River Basin rules.
Agent or Applicant Printed Name Permit Officer's Signature
Signature ** Please read compliance statement on back of permit Issuing Date
Application Fee(s)
Check #
Local Planning Jurisdiction
Expiration Date
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, certify thatthis project is consistentwith the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
L_J 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
Mailing Address:
1638 Mail Service Center
Raleigh, NC 27699-1638
Location:
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax:[phone]
Morehead City Headauarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-888-4RCOAST
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)

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AREA CODE UMBER EXTENSION
Message
Signed
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
N,C, Dept. of Environment, Health. and Natural Resources
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This is to certify that we, Kurtis and Kim Schoen, owners of the property
located at 216 River Road, Arapahoe, NC authorize M. D. Foley, Jr. and
Carl Merchant of Marine Solutions LLC to perform services to construct
a new vinyl bulkhead in front of existing bulkhead approximately 8 ft. in
height and to construct new concrete pier and cover at end of pier,
along with a designated boat lift area to be added at a later date. Any
and all work to be performed on said property should be completed
following the NCDENR rules and regulations.
Kurtis P. Schoen
) I -l11-1-iz
Date
Kim Schoen Date

N NOW OR FORMERLY
LEE a
a 1�515 �
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A �� Site
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NOW OR FORMERLY
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15,560 Sq Ft
SHED
2. 4' OVER
NOW OR FORMERLY
HAROLD SMITH
`-2.4' OVER
3176' oTe�
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o HAROLD SMITH
NOW OR FORMERLY 'a 2,850 Sq FBARRt
Nuo°n aitx�.'n
caa°50'31"W 65.48'
Reference
DY=g 789
Notes:
Surveyor has made no independent search or
investigation for Rights -of -way or Easements
of record for streets, highway, public utilities
nor for encumbrances, restrictive covenants,
ownership, title or any other facts that may be
disclosed by a full and accurate title search.
Legend
NPS - No Point Set
EIP - Existing Iron Pin
SMN - Set Mag Nail
0' 30' 60'
Scale: I" = 30'
NEUSE RIVER
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Scale: I " = 30'
0� RMo
. Boundary Survey for
Kurtls A Schoen & Wife,
Kimberly Lo Schoen
216 River Road
Tax # G 101-9 & G 101-82
Arapahoe
Pamlico County, North Carolina
Mark W. Lee
Professional Land surveyor
P.O. Box 303
,Arapahoe, NC 28510
Date:
I, Mark R. Lee, certify that this plat was drawn under my
supervision rom an actual survey, deed description(s) as
shown hereon; that the error of closure is 1:10,000+; that the
boundaries not surveyed are shown as broken lines platted
from information found in deed books referenced hereon;
witness my original signature, registration number, and seal.
arK K. Lee, Pro ssro a an urveyor
State of North Carolina March 7, 2012 I, County of
Review officer
certi t at t e map or p at to which certification is a ixety'
Project #: all statutory requirements for recording.
120207

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2/11/2013 1:09 PM

t Division of Coastal Management
AiA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory, Governor Braxton Davis, Director John E. Skvarla, III, Secretary
FAX COVER
DATE:
TO:
OFFICE:
FAX #:
TELEPHONE #:
TOTAL PAGES INCLUDING COVER SHEET:
FROM:
-60
Morehead City Office
400 Commerce Avenue
Morehead City, North Carolina 28557
Phone: [phone]
FAX: [phone]
www.nccoastalmanagement.net
TAFax Cover DCM

CAMA Permits - Variances & Appeals
http://www.nccoastaimanagement.net/Pennits/fonns.httn
If the facts are disputed, the variance request goes to a contested case he ' g before an administrative law
judge in th ce of Administrative Hearings. The administrative 1 j`udge determines the facts in the case
and transmits the cial record to the CRC. This process no takes approximately one year. The CRC
then holds a variance ing, during which it reviews th;Wt0h'errrarties.
d transmitted from the Office of
Administrative Hearings a considers arguments made
The CRC may deny a variance, Wnt the variance requested, or grant the variance with a set of specific
conditions. The decision will be set t in a fo order signed by the chairman, which will be sent to you
following the hearing. If the CRC gran a va/eive
e, you may present the order to DCM or the local permit
officer, who will issue a permit. You must that permit before you can begin work on your project.
If the CRC denies the variance, you m appea a decision to Superior Court within 30 days of receipt of
the CRC's Order.
The Commission's rules regardin ariance requests are loc d at 15A NCAC 7J .0700 et seg. and can be
found on this web site by clic ' g "Current Rules." You are e raged to review the rules for a complete
description of the variance cess.
Note: The CRC is not owed to discuss specific variances or other conteste�ases before it makes a
decision. Do not att pt to contact CRC members to discuss your case.
Variance form
Word format (right -click on the file to save it to your computer)
PDF format (requires the free Adobe Acrobat Reader)
Appeals and Third -Party Hearing Requests
CAMA and the N.C. Dredge and Fill Act grant an automatic right of appeal to the permit applicant and to
the secretary of the Department of Environment and Natural Resources. You must file a petition for a
contested case in the Office of Administrative Hearings on an approved form within 20 days of the permit
decision if you plan to appeal. No development is allowed while the appeal is being considered. The permit
in question is suspended until the matter is settled.
Other directly affected people or groups may request a hearing on the permit decision. This petition for a
third -party hearing must be received by the director of DCM within 20 days of the permit decision. Within
15 days of receiving the request, the chairman of the CRC will decide if a petitioner is entitled to a
third -party hearing. To get a hearing, a petitioner must:
■ Allege that the permit decision is contrary to a statute or rule.
■ Show that the petitioner is directly affected by the permit decision.
■ Demonstrate that the appeal is not frivolous.
If the CRC chairman grants a hearing, you may file a Petition for a Contested Case Hearing in the Office of
Administrative Hearings. You must carefully follow detailed procedures and forms required by the state
Administrative Procedure Act. Further information on filing appeals is available from the Office of
Administrative Hearings or DCM. Parties to the hearing may be represented by attorneys, or may represent
themselves. After the hearing, the judge issues a decision. Contested cases that commence after Jan. 1, 2012
will no longer be returned to the CRC for a final agency decision. The Administrative Law Judge's decision
will be the final decision.
You may appeal the Administrative Law Judge's final decision to Superior Court within 30 days of the
decision.
2 of 3 2/11/2013 1:37 PM

CAMA Permits - Variances & Appeals http://www.nccoastalmanagement.net/Pernlits/fonns.htm
Note: The CRC is not allowed to discuss specific appeals or other contested cases before it makes a
decision. Do not attempt to contact CRC members to discuss your case.
Third -party hearing request
Word format (right -click on the file to save it to your computer)
PDF format (requires the free Adobe Acrobat Reader)
Appeals form for Office of Administrative Hearings (PDF format)
Last Modified: April 20, 2012
N.C. Division of Coastal Management. 400 Commerce Ave. Morehead City, NC 28557
1-888-4RCOAST . Email Us
3 of 3 2/11/2013 1:37 PM

CAMA THIRD PARTY
HEARING REQUEST FORM
PETITIONER'S NAME
DCM FORM 5
DCM FILE No:
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
the Division of Coastal Mana gement acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you
cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § I I3A-121.1(b). Denial of a Third
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. § 113A-121.1(b) and Chapter 15013, Article 4.
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use ofpublic resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and
arguments you would present at a hearing in support of your appeal explaining why the permit
was improperly issued.)
Please answer these questions on a separate piece of paper and attach it to this form.

The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys may not
represent others at quasi-judicial proceedings such as this Third Party Hearing Request before the Commission.
These opinions note that the practice of non -lawyer professionals, such as engineers, surveyors or contractors,
representing others in quasi-judicial proceedings through written argument may be considered the practice of
law. Before you proceed with this hearing request, you may wish to seek the advice of counsel before having a
non -lawyer represent your interests through preparation of this Petition.
DELIVERY OF THIS HEARING REQUEST
This request must be received by the Division of Coastal Management (DCM) within twenty (20) days
of the date of the disputed permit decision. N.C.G.S. § 113A-121.1(b). Failure to do so constitutes
waiver of the right to request a hearing. A copy of this request must also be sent to the Attorney
General's Office, Environmental Division. 15A N.C.A.C. 07J .0301(b).
Contact information for DCM:
By mail, express mail or hand delivery
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
By Fax:
[phone]
By Email:
Check DCM website for the email
address of the current DCM Director
www.necoastalmanagement.net
Contact Information for Attorney General's Office:
By U.S. mail:
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
By express mail:
Environmental Division
114 W. Edenton Street
Raleigh, NC 27603
By Fax:
[phone]
Based on the attached responses to the above factors, the undersigned hereby requests a third party
hearing.
Signature of Petitioner or Attorney
Printed Name of Petitioner or Attorney
Mailing Address
City State Zip
Updated: February 2011
Date
Email address of Petitioner or Attorney
Telephone number of Petitioner or Attorney
Fax number of Petitioner or Attorney

Date/Time
Fax Number
Fax Name
Model Name
No. Name/Number
908 919194716027
Fax Send Report
FEB-11-2013 02:57PM MON
DCM MHDCTY
SCX-5x30 Series
StartTime Time Mode
02-11 02:54PM 02118 ECM
Division
North Caroli
Pat McCrory, Governor
DATE:
of Coastal
A
NCI
a Department of Ei
Braxton Da
FAX COVER
I
Management
ENR
ivironment and Natural Resources
ds, Director John E. Skvara, AI, Secretary
TO:
OFFICE:
FAX *
O
TELEPHONE*
TOTAL PAGES INCLUDIN
COVER SHEET:
FROM:
&Ot
Morehead
400 Commerce
Morehead City, Nc
Phone: 25
FAX: 252
www.necoastalr
City Office
Avenue
rth Carolina 28557
-808-2808
247-3330
Langgement.net
RE: 3r
D 5
TAFa, Caw OCM
G
Page Result
005/005 O.K

FED-12--2013 10:27 AM J HAROLD SMITH 9194716027 P.01
,r
FEBRUARY 12, 2013
Mr. Brad Connell
N.C. Division of CAMA
400 Commerce Ave.
Morehead City, NC 28557
RECEIVBU
FEb 12 M
DCM-MID CITY
Re: SMITH PROPERTY
230 River Road
Arapahoe, NC
Dear Mr. Connell,
The proposal to raise the seawall 24" on the property
(which is on the right side of our yard when viewed
from the Road) and then install a new 24" wall adjacent
to our property toward the road would create a "Bulk Head".
The result will be in a'north eastern'; high water will
severely damage our property.
I am totally opposed to this project. The existing height
of the sea walls for all three north side lots is the same
allowing water to rise and fall with no damage_
I will obtain legal support if this permit is approved.
AAA TI Annnrrr
10542 S. Lowell Road
Bahama, N.C. 27503
[phone] Home Phone
171-1-11
J. Harold Smith

ti449
Pat McCrory
Governor
February 21, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kurtis Schoen
481 River Road
Arapahoe, NC 28510
Re: Revocation of GP-61015-C
Dear Mr. Schoen:
This correspondence is in reference to CAMA General Permit #61015-C issued to you on November 15,
2012 by Brad Connell, permit officer with the North Carolina Division of Coastal Management. As you are
aware, the Chairman of the Coastal Resources Commission received a request for an administrative hearing
challenging the issuance of the permit and on February 14, 2013 the permit was suspended by the Director
of the Division, Braxton Davis. While preparing the staff recommendation for the Chairman on whether to
grant or deny the hearing request, staff discovered that one of the two adjacent riparian property owners,
Mr. James Smith was not properly notified.
Issuance of the general permit is dependent upon the approval procedures described under 15A NCAC 07H
.1202. Signing of the permit by your agent indicated that a written statement or certified mail receipt was
obtained from the adjacent riparian landowners. In tracking the delivery of the certified mail on the USPS
website it indicates that an attempt to deliver the item was made on November 17, 2012 in Trenton, NC.
Mr. Smith's "river" house is in Arapahoe and does not get mail there and his permanent residence is in
Bahama, NC. Mr. Smith attests that he did not receive any notice from the applicant or his agent.
When there is improper notice and the permittee or his agent certifies that the notice was given and actually
was not, the permit becomes null and void. Therefore, since proper adjacent riparian landowner notification
was not provided, CAMA General Permit # 61015-C is hereby revoked and considered null and void.
Under no circumstances should you undertake any of the development previously authorized under the
aforementioned permit.
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] t FAX: [phone] Internet: www.iiccoastalmanagement.net
An Equal opportunity 1 Affirmative Action .Employer

Mr. Brad Connell of my staff is available to assist you should you desire to apply for a new permit with
proper notification. If you have any questions concerning this matter, please contact me or one of my staff
at [phone].
Sincerely,
M. Ted Tyndall
Assistant Director, Permits and Enforcement
cc: Braxton Davis, Director, DCM
Brad Connell, Field Representative, DCM
Roy Brownlow, District Manager, DCM
Christy Goebel, Assistant Attorney General
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer