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Home My WebLink About58170_SIGMAN, DALE_20110727k-7 . l Y.J: AMA / D:�REDGE & FILL GENERAL PERMIT Previous permit # ❑New ❑Modification ❑Complete Reissue ❑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 ❑ Rules attached. Applicant Name Project Location: County Address f Street Address/ State Road/ Lot #(s) CityState ZIP - f Phone # (4) Fax # (^_) Subdivision Authorized Agent . - City ZIP Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Phone # () River Basin AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body (nat /man /unkn) ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body Type of Project/ Activity I f _- h Pier (dock) length Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards_ Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length k 'k I 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 r7, r Agent or Applicant Printed Name`,, r Signature Please read'compliance statement on back of permit i\ o ok k; i A (Scale:' -- ) ❑ See note on back regarding River Basin rules. Ji Permit Offi' r'3 Signature Issuing Date' i pi tion)bate " Application Fee(s) Check # Local Planningf urisdiction 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 that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ 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 complywith 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:919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888ARCOAST Fax: 252-247-3330 (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:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax:910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 DALE E. SIGMAN 6249 JANICE R SIGMAN / 58-7497/2560 4 PAY TO THE I� /� J 7 , \ l+� y / I $1 ORDER OE jf\( ' --�4 L- A R S NAVY FED_. Credit Union &rL- FOR L SS �'(�l-.� r �� L;_ L M, 1: 2 560 ?49 ?4o:6 249LO L L S00 ?0 W300 L TRANSIT ROUTING NUMBER CHECK NUMBER ACCOUNT NUMBER i Styron, Heather M. From: dckimes@charter.net Sent: Tuesday, June 21, 2011 7:44 PM To: Styron, Heather M. Subject: Dale Sigman- 133 Palmetto Drive Attachments: Sigman-Cama Review Plans.pdf Hey Heather, Hope you had a great vacation. I even gave you a couple of days before sending you anything. Please see the attached plans, adjacent property ownerletters and receipts. I also want to verify that this permit fee is for $400.00 so I can go ahead and get a check from Mr. Sigman. If you need additional information, please let me know. Thanks!! Chad Darian Chad Kimes, PE Engineering Services 910-470-4494 RECEIVED JUN 21 ZQ11 DCM-MHD CITY 1 June 15, 2011 Mr. Stanley Ray Johnson 3758 Mitchell Ford Road White Oak NC 28584 Dear Mr. Johnson, Chad Kimes, PE 104 Newton Road Hampstead, NC 28443 910-470-4494 &kirne ssi%charter.net CERTIFIED MAIL Please find the attached site plan for the proposed dredging work on your adjacent waterfront property owner Mr. Dale Signan. As an adjacent landowner, you have 10 days in'which to submit comments on the proposed project to the Division of Coastal Management. If you are in agreement with. the :proposed work, please sign the attached "Adjacent Riparian Property Owner Statement" and return in the attached envelope. If you have any questions, I can be contacted at 910-470-4494. The contact for Division of Coastal Management is Ms. Heather Styron. She can be contacted at 252-808-2808. Sincerely, Chad Kimes, PE 1zFCCJVBD JUN 2 Z 2011 DCM Nf�ID Crry June 15, 2011 Ms. Maggie Slominski 1140 Fallbrook Lane Lewisville, NC 27023 Dear Ms. Slominski, Chad Kimes, PE 104 Newton Road Hampstead, NC 28443 910-470-4494 dck.tlnes f vchartcr.net CERTIFIED MAIL Please find the attached site plan for the proposed dredging work on your adjacent waterfront property owner Mr. Dale Sigman. As an adjacent landowner, you have 10 days in which to submit comments on the proposed project to the Division of Coastal Management. If you are in agreement with the proposed work, please sign the attached "Adjacent Riparian Property Owner Statement" and return in the attached envelope. If you have any questions, I can be contacted at 910-470-4494. The contact for Division of Coastal Management is Ms. Heather Styron. She can be contacted at 252-808-2808. Sincerely, Chad Kimes, PE RECEIVED JUN 21 2011 DCM-h1HD CITY DARIAN T CHAD KIMES, PE DALE SIGMAN (Page l of ' - r ENGINEERING SERVICES PLAN SHEET I x � d 4 a Od o SCALE: 1 " 461 Arx F�ooSE &t� 36' m .1rS•J0 l�(Axrr w �C� ri '�'� a aisl 2.5 _ .o eta IAPX #414 APX g 1 1 t I . 8,o AL*) Z 4 10 EaaQ V aEDG►14C�l T« t?a E')asT` taco CAA446I-. PREPARED BY: DARIAN CHAD KIMES, PE 104 NEWTON ROAD HAMPSTEAD, NC 28443 910-470-4494 40 VMCj jq OtTr 04 57' o Ct'mT*L' UETLMI�) CA !►STAL- 04LA?41)3 *** This is a plan sheet and not a survey. Measurements were made in the field, Existing Surveys, and GIS. DARIAN CHAD KIMES, PE DALE SIGMAN Page _ Z of X ENGINEERING SERVICES PLAN SHEET CAl~wLA-V7®a Z��00��TMIFS (2�1 c)) / 2-7 .311 c tJ 350 c- ol=WA ppt,pose-D or4 AveP-AGr 0. b I op DmP614 G *1� �lzl VPEDGO�) �'T41 d 5 1 of C"ks-mu q"40 SCALE: PREPARED BY: DARIAN CHAD KIMES, PE 104 NEWTON ROAD HAMPSTEAD, NC 28443 910-470-4494 *** This is a plan sheet and not a survey. Measurements were made in, the field, Existing Surveys, and GIS. _ o x r C3 A 6U C3 E3 C3 Y iE1tie3rsw?{YF ru nl m ar PC Box Na 74" *?Cr3 et 7JAi.. jTj 06 o grt �1 aa} £ .e 1C3 _ t �q Deiiv8 y Fea [ ru N LT lio+ o Y1'1.c,�JSi Sloa�►rnirsk4.. E �A 1� L suttle V,) - 2�O'-Z %Al 4 � 0\v F RECENED 1 JUN 21 2011 DCM-MHD CITY Dale Sigman From: Sent: To: Subject: Hey Mr. Sigman, dckimes@charter.net Monday, July 11, 2011 7:20 PM Dale Sigman RECEIVED DENR CHECK -Update t `JUL 14 2011 I need you you to send a $400.00 check made out to NC DENR to the following address: NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Please send this check as soon as possible so they can process the Permit for dredging. DCM-MHD CITY There is one small issue that CAMA is dealing with. One of the adjacent property owners is not happy with the proposal. The commet was: The canal has been allowed to slowly and naturally fill with sediment over the years and in their opinion, the dredging would allow a larger volume of tidal water to ingress and egress daily, creating additional erosion of the canal's banks, which over time, would adversely affect their property." They are also concerned with "the disposal area becoming an offensive problem as far as sight and smell and an environmental problem with runoff and leaching." The CAMA supervisor is reviewing this and will let me know of their decision very soon. They do not think this will be an issue. Please let me know when you mail the check so I can make sure when they get it. Hope you are doing well!! / �j Thanks! �—�� c Chad Darian Chad Kimes, PE Engineering Services 910-470-4494 1 1140 Fallbrook Lane Lewisville, NC 27023-8667 July 1, 2011 Division of Coastal Management Attn: Ms. Heather Styron 400 Commerce Ave Morehead City, NC 28557 RE: Adjacent Riparian Property Owner Notification for a dredging application at Cedar Point, NC Dear Sir/Madam, RECEIVED JUL 0 6 2011 DCM-MHD CITY This second letter is in addition to the letter, dated June 24, 2011, previously mailed to you, concerning an application for dredging a canal belonging to Dale Sigman of 133 Palmeto Drive, Cedar Point, NC. I have asked my brother, who is an engineer, to review the dredging diagrams submitted for this project. In his professional judgment, the planned dredging diagrams show a significant 3,000 square foot area for on -site disposal of the dredged material, which could become both an offensive problem, in terms of sight and smell, and an environmental problem, with runoff and leaching. The undersigned property owner, of the adjacent property at 137 Palmetto Drive, Cedar Point, NC, continues to object to the proposed dredging. You should already have on file the current Power of Attorney document for Maggie A. Slominski, which was enclosed with my previous letter of June 24, 2011. Sincerely, Maggie A. Slominski For Maggie A. Slominski - �%� /. Martin W. Slominski POA for Maggie A. Slominski 1140 Fallbrook Lane Lewisville, NC 27023-8667 June 24, 2011 �cEr��y Division of Coastal Management Attn: Ms. Heather Styron JUN 2 S 400 Commerce Ave Morehead City, NC 28557 DCM-MHDCITY RE: Adjacent Riparian Property Owner Notification for property at Cedar Point, NC Dear Sir/Madam- Regarding an application for dredging a canal belonging to Dale Sigman of 133 Palmetto Drive, Cedar Point, NC, the below named property owner of the adjacent property, located at 137 Palmetto Drive, Cedar Point, NC, objects to the proposed dredging. The canal on the property of Mr. Sigman is not an original feature, and was dug after I purchased my property. To the best of my knowledge, that canal has never been used for the transit of any watercraft, and instead has been allowed to slowly and naturally fill with sediment over the years. In my opinion, dredging the canal would permit a larger volume of tidal water to ingress and egress daily, creating additional erosion of the canal's banks, which over time, would adversely affect my own property. Thank you for consideration of the objections to this proposed project. Sincerely, Maggie A. Slominski signed for Maggie A. Slominski: Martin W. Slominski P.O.A. for Maggie A. Slominski r4 FOR REGISTRATION REGISTER OF DEEDS Judy D. Martin Moore County, NC January 25, 2010 10:02:57 AM Book 3680 Page 440-447 FEE: $35.00 INSTRUMENT # 2010000995 Prepared by: J. Stephen Gaydica, III, Attorney at Law STATE OF NORTH CAROLINA COUNTY OF MOORE a^,M,om. GENERAL AND DURABLE POWER OF ATTORNEY ARTICLE I Appointment of Attorney -in -Fact A. Original Attorney -in -Fact. I, MAGGIE SLOMINSKI, Principal, whose full name is Maggie Adele Gould Slominski, appoint my husband, MARTIN J. SLOMINSKI, my attorney -in -fact, for the purposes set out below. B. Successor Attorney -in -Fact. If my husband predeceases me, fails or ceases to act as my attorney -in -fact for any reason, I appoint my son, MARTIN WALTER SLOMINSKI, as my attorney -in -fact, for the purposes set out below. If my husband and son predecease me, fail or cease to act as my attorney -in -fact for any reason, I appoint my son, GREGORY ERIC SLOMINSKI, as my attorney -in -fact, for the purposes set out below. ARTICLE II General Grant of Powers To Attorney -in -Fact I grant to my attorney -in -fact the power to do and perform in a fiduciary capacity as my attorney -in -fact may deem advisable anything of any character which I might do or perform for myself if personally present and acting, including, but not limited to, the specific powers set forth below in Articles III, IV and V, but excluding those matters which my attorney -in -fact is not permitted to do as expressly provided in this Power of Attorney or as provided by law. ARTICLE III Specific Powers Relating to Property My attorney -in -fact may exercise the following powers relating to property or interest in property which I now own or may hereafter acquire: Page 1 of 8 A ItEaNED , JUN 2 g 2011 A. Collection of Property. The power to demand, sue for or use other lawful rb to obtain, collect, and take possession and control of any sums of money, debts, chec s, CITY accounts, interest, dividends, annuities, rents,. goods, chattels, inheritances, insurance benefits, social security benefits, unemployment benefits, veteran's benefits and any other claims and rights whatsoever which are now or may hereafter become due, owing, payable or belonging to me, and to compromise, settle, arbitrate, abandon or otherwise deal with any such claims; B. Sale or Other Disposition of Property. The power to sell, exchange, quitclaim, convert, partition, grant an option on, abandon or otherwise dispose of all or any part of my real or personal property or my interest in such property, including, but not limited to, automobiles, stocks, bonds, and real estate owned by me individually, as a tenant in common, tenant by the entirety or otherwise, upon any terms and conditions; C. Acquisition and Retention of Investments. The power to acquire and retain for any period of time as investments, without diversification as to kind or amount, any real or personal property, or interest in such property (including an undivided, temporary or remainder interest), income or non -income producing, located within or outside the United States, and including, but not limited to, notes, U.S. Treasury Bonds redeemable at par in payment of federal estate tax, any other bonds, debentures, mortgages and other obligations, secured or unsecured, common and preferred stocks, mutual funds, legal and discretionary trust funds, general and limited partnership interests, leases and securities of any corporate attorney -in -fact or any corporation owning stock of the corporate attorney -in -fact or of any subsidiary or affiliate of or successor to such corporation; D. Management of Property. The power to take possession, custody, control and otherwise manage any of my real or personal property, or my interest in such property, including, but not limited, to the power (i) to protect, develop, subdivide and consolidate such property, (ii) to lease such property upon any terms and conditions including options to renew or purchase and for any period or periods of time and to modify, renew or extend any existing leases, (iii) to erect, repair, or make improvements to any building or other property and to remove existing structures, (iv) to establish and maintain reserves for the maintenance, protection and improvements of such property and for other purposes, (v) to initiate or continue farming, mining, or timber operations on such property, (vi) to purchase and carry casualty and liability insurance, (vii) to grant or release easements with respect to such property, (viii) to dedicate or withdraw from dedication such property from public use, and (ix) to join with co -owners in exercising any such powers; E. Business Interests. The power to continue to own, or to form initially, and operate any business interest, whether in the form of a proprietorship, corporation, limited liability company, general or limited partnership, joint venture or other organization, including, but not limited to, the power (i) to effect incorporation, dissolution or other change in the form of the organization of such business interest, (ii) to dispose of any part of such business interest or acquire the interest of others, (iii) to continue, enter into, modify or terminate any agreements relating to any such business interest, and (iv) to invest capital or additional capital in or lend money to such business interest; F. Borrowing Money. The power (i) to borrow money for my benefit from my Page 2 of 8 ftc4v attorney -in -fact, individually, or from others, upon any terms and conditions, (ii) to ecureNt4?@Q ?01, payment of any amount so borrowed by mortgaging, pledging or otherwise encumbering any of my real or personal property, or my interest in such property, and (iii) to modify, renew &c d the time for payment of any obligation, secured or unsecured, payable by me for any periioo OPi, periods of time and upon any terms and conditions; G. Lending Money. The power (i) to lend money to any person upon any terms and conditions, (ii) to modify, renew or extend the time for payment of any obligation, secured or unsecured, payable to me for any period or periods of time and upon any terms and conditions, and (iii) to foreclose as an incident to the collection of any obligation, any deed of trust or other lien securing such obligation, to bid on the property at such foreclosure sale, or otherwise acquire the property without foreclosure and to retain the property so obtained; H. Holding Property in Nominee Form. The power to register and hold any securities or other property in the name of a nominee or in any other form without disclosure of the agency relationship, or to hold the same in such form that they will pass by delivery; I. Exercise of Security Rights. With regard to securities of mine, including stocks, bonds and any evidence of indebtedness, the power (i) to vote any such securities in person or by special, limited or general proxy at any shareholders' meeting, (ii) to consent to or participate in any contract, lease, mortgage, foreclosure, voting trust, purchase, sale or other action by any corporation, company or association, iii) to consent to or participate in, facilitate and implement any plan of incorporation, reincorporation, reorganization, consolidation, merger, liquidation, readjustment or other similar plan with respect to any such corporation, company or association, and (iv) to exercise all options, rights and privileges, including the exercise or sale of conversion, subscription or other rights of whatever nature pertaining to any such securities and to subscribe for additional securities or other property; J. Transfer of Property to and Withdrawal of Property from Revocable Trust. The power to assign, transfer and convey all or any part of my real or personal property, or my interest in such property, to, and withdraw such property from, (i) any revocable trust established by me during my lifetime, or (ii) any revocable trust established by my attorney -in -fact during my lifetime which directs the trustee or trustees to administer the trust for my benefit and to distribute the trust property to my estate upon my death; K. Gifts. The power to make gifts of my real or personal property or my interest in such property, or to join in gifts of my spouse's property, to my spouse, children and grandchildren, including any spouse, children and grandchildren who may be acting as my attorney -in -fact, including, but not limited to, outright gifts, gifts in trust, or gifts to a custodian under a uniform gifts or transfers to minors act. In carrying out the provisions of this paragraph, my attorney -in -fact may make a gift to the named attorney -in -fact and the power to make gifts of my real and personal property to religious, charitable and educational organizations in accordance with the principal's personal history of making or joining in the making of lifetime gifts. L. Renunciations. The power to renounce or disclaim in whole or in part the right of succession to any real or personal property or interest in such property passing to me as an heir or beneficiary under a will or otherwise when in the opinion of my attorney -in -fact a renunciation or Page 3 of 8 disclaimer is advisable for tax purposes; M. insurance. The power to exercise any right with regard to any life, disabilit or �Q other insurance contract or annuity contract owned by me or acquired by my attorney -in -fact my behalf, including, but not limited to, the right (i) to change coverages of any such contract, (ii to borrow upon any such contract, (iii) to select options with respect to any such contract, and (iv) to make or change the beneficiary designation of any such contract, except that my attorney -in - fact cannot be designated as beneficiary unless my attorney -in -fact is my spouse or a child or grandchild of mine; and N. Retirement Plans. The power to exercise any right with regard to any retirement plan I may have or entered into by my attorney -in -fact on my behalf, including, but not limited to, the power (i) to create and contribute to an individual retirement account, an employee benefit plan, or other retirement plan, (ii) to "roll over" plan benefits, (iii) to borrow money from any such plan, (iv) to select options with respect to any such plan, and (v) to make or change the beneficiary designation of any such plan, except that my attorney -in -fact cannot be designated beneficiary unless my attorney -in -fact is my spouse or a child or grandchild of mine. ARTICLE IV Specific Powers Relating to Personal Affairs My attorney -in -fact may exercise the following powers relating to personal affairs: A. Support. The power to do any acts, including the disbursing of any monies belonging to me, which, in the opinion of my attorney -in -fact, may be necessary or proper for any purpose in connection with the support and maintenance of myself, my spouse, and my dependents in accordance with our customary standard of living, including, but not limited to, provisions for housing, clothing, food, transportation, recreation, education, and the employing of any person whose services may be needed for such purposes; B. Health Care. The power to do any acts, including the disbursing of any monies belonging to me, which, in the opinion of my attorney -in -fact, may be necessary or proper for any purpose in connection with the medical, dental, surgical, psychiatric or custodial care and treatment of myself, my spouse and my dependents, including, but not limited to, the power (i) to provide for such care and treatment at any hospital, nursing home or institution or for the employing of any physician, psychiatrist, nurse or other person whose services may be needed for such care, (ii) to receive confidential medical information regarding me, to waive on my behalf any physician -patient or other privilege, and to consent to the release of medical information, and (iii) to consent to medical or psychiatric treatment, including administration of anesthesia, performance of operations and other procedures on my body by physicians and surgeons and other medical personnel, including dentists, podiatrists, technicians, assistants and nurses working under the supervision of physicians and surgeons; and C. Other Personal Affairs. The power to do any acts, including the disbursing of any monies belonging to me, which, in the opinion of my attorney -in -fact, may be necessary or proper in connection with the conduct of my other personal affairs, including, but not limited to, (i) continuation, use or termination of any charge or credit accounts, (ii) payments or contributions to Page 4 of 8 any charitable, religious or educational organizations, (iii) dealing with my mail and representing me in any matter concerning the U.S. Postal Service, (iv) continuation or discontinuation of my membership in any club or other organization, and (v) acceptance or resignation, on my behalf, from any offices or positions which I may hold including any fiduciary positions. ARTICLE V Miscellaneous Specific Powers My attorney -in -fact may exercise the following miscellaneous powers: A. Tax Matters. The power to perform any and all acts that I might perform with respect to any and all federal, state, local and foreign taxes, for prior tax years as well as for tax years ending subsequent to the date of this power of attorney, including, but not limited to, the power (i) to make, execute and file returns, amended returns, powers of attorney, and declarations of estimated tax, joint or otherwise, (ii) to represent me before any office of the Internal Revenue Service or other taxing authority with respect to any audit or other tax matter involving any tax year or period, (iii) to receive confidential information, (iv) to receive, endorse, and collect checks refunding taxes, penalties or interest, (v) to execute waivers of restrictions on assessment or collection of deficiencies in tax, (vi) to execute consents extending the statutory period for assessment or collection of taxes, (vii) to execute and prosecute protests or claims for refund or applications for correction of assessed value, (viii) to execute closing agreements, (ix) to prosecute, defend, compromise or settle any tax matter, and (x) to delegate authority to or substitute another agent or attorney respecting any such taxes or tax matters; B. Banking Transactions. The power (i) to make deposits in or withdrawals from any account of mine in any banking, trust or investment institution, whether such account is in my name or in the joint names of myself and any other person, (ii) to open any account or interest with any such institution in my name or in the name of my attorney -in -fact or in our names jointly, (iii) to endorse any checks or negotiable instruments payable to me for collection or deposit to such accounts and to sign, execute and deliver checks or drafts on such accounts, and (iv) to exercise any right, option or privilege pertaining to any account, deposit, certificate of deposit, or other interest with any such institution; C. Safe Deposits. The power (i) to have access to any safe deposit box held in my name or in the joint names of myself and any other person, (ii) to lease one or more safe deposit boxes for safekeeping of my assets, and (iii) to deal with contents of any safe deposit box, including the removal of such contents; D. Legal and Other Actions. The power to cause to be commenced, prosecuted, defended, appealed, compromised, settled, arbitrated or discontinued in my name as plaintiff or defendant, as the case may be, any legal or equitable proceedings, judicial or administrative; E. Employment of Advisors. The power to employ persons, firms and corporations to advise or assist my attorney -in -fact, including, but not limited to, agents, accountants, auditors, brokers, attorney -at -law, custodians, investment counsel, rental agents, realtors, appraisers and tax specialists; and Page 5 of 8 �� F. Legal Documents. The power to make, execute, endorse, acknowledge, and deliver any and all instruments under seal, oath, verification or otherwise, including, but not limited to, receipts, endorsements, releases, compromises, deeds, leases, mortgages, deeds of trust, security agreements, contracts, assignments, options, stock powers, proxies, promissory notes, bonds, financing statements, subordination agreements, checks, negotiable instruments and satisfactions of mortgages, deeds of trust and security agreements. G. HIPPA Powers. I intend for my attorney -in -fact to be treated as I would be with respect to my rights regarding the use and disclosure of my individually identifiable health information or other medical records. This release authority applies to any information governed by the Health Insurance Portability and Accountability Act of 1996 (aka HIPAA), 42 USC 1320d and 45 CFR 160-164. 1 authorize: • any physician, healthcare professional, dentist, health plan, hospital, clinic, laboratory, pharmacy or other covered health care provider, any insurance company and the Medical Information Bureau, Inc. or any other health care clearinghouse that has provided treatment or services to me or that has paid for or is seeking payment from me for such services • to give, disclose and release to my health care agent, without restriction, • all of my individually identifiable health information and medical records regarding my past, present or future medical or mental health condition, to include all information relating to the diagnosis and treatment of HIV/AIDS, sexually transmitted diseases, mental illness and drug or alcohol abuse. The authority given my attorney in fact shall supersede any prior agreement that I may have made with my health care providers to restrict access to or disclosure of my individually identifiable health information. The authority given my attorney in fact has no expiration dated and shall expire only in the event I revoke this authority in writing and deliver it to my health care provider. ARTICLE VI Restrictions on Exercise of Powers by Attorney -in -Fact Notwithstanding the grant of powers in this Power of Attorney, my attorney -in -fact shall have no power (i) to deal with insurance policies I may own on the life of the attorney -in -fact, or (ii) except as specifically authorized by this Power of Attorney, to cause assets to pass to my attorney -in -fact or in discharge of my attorney-in-fact's legal obligation, whether by inter vivos transfer, designation of beneficiary of any contract or in any other manner. ARTICLE VII Effect of Subsequent Disability of Principal This Power of Attorney is executed pursuant to Article 2 of Chapter 32A of the General Statutes of North Carolina and shall not be affected by my subsequent incapacity or mental incompetence. Page 6 of 8 ARTICLE Vill Administrative Provisions A. Accountings. It shall be the duty of my attorney -in -fact to keep full and accuraer,� inventories and accounts of all transactions for me as my agent. Such inventories and accounts crj� shall be made available for inspection upon request by me or by my guardian or personal representative. My attorney -in -fact shall not be required to file any inventory or accounts with any court or clerk. B. Third Party Reliance. Third parties may rely upon the representations of my attorney -in -fact as to all matters relating to any power granted to my attorney -in -fact, and no person who may act in reliance upon the representations of my attorney -in -fact or the authority granted to my attorney -in -fact shall incur any liability to me or my estate as a result of permitting my attorney -in -fact to exercise any power. C. Removal and Resignation of Attorney -in -Fact. I shall have the right to remove an attorney -in -fact at any time in a writing signed by me and acknowledged before a notary public and delivered to the attorney -in -fact. An attorney -in -fact shall have the right to resign in a writing signed by the attorney -in -fact and acknowledged before a notary public and delivered to me and to any other attorney -in -fact acting under this Power of Attorney or, if none, to the named successor attorney -in -fact, if any. D. Partial Invalidity. If any part of this Power of Attorney is declared invalid or unenforceable under applicable law, such decision shall not affect the validity of the remaining parts. E. Revocation of Prior Powers of Attorney. It is my intent by execution of this Power of Attorney to revoke any powers of attorney for any purpose which have been previously executed by me. F. Nomination of Conservator or Guardian of Estate. If proceedings are commenced after the execution of this Power of Attorney for the protection of my estate, I hereby nominate my attorney -in -fact to serve as my conservator or guardian of my estate. G. Nomination of Guardian of Person. If proceedings are commenced after the execution of this Power of Attorney for the protection of my person, I hereby nominate my attorney -in -fact to serve as guardian of my person. H. Limited Liability of Attorney -in -Fact. My attorney -in -fact shall not have an affirmative duty to act under this Power of Attorney and shall not be liable for any claim or demand arising out of acts or omissions of my attorney -in -fact, except for willful misconduct or gross negligence. I. Relation of Attorney -in -Fact to Health Care Agent. Any decision affecting my property or financial affairs, including a decision as to the disbursement of monies belonging to Page 7 of 8 me, which is made by my Health Care Agent appointed pursuant to a Health Care Power oN2 Attorney meeting the requirements of Article 3 of Chapter 32A of the General Statutes of North 8Z0 Carolina shall be superior to and binding upon my Attorney -in -Fact acting under this PowiE Attorney, and my Attorney -in -Fact acting under this General Power of Attorney shall not be required to inquire into whether any such decision is necessary to exercise powers relating to health care, or whether costs incurred by the Health Care Agent are reasonable, and shall not be liable to me, my estate, my heirs, successors and assigns and personal representatives for any acts or omissions arising from any such decision. ARTICLE IX When Powers May Be Exercised by Attorney -in -Fact This power of attorney is effective upon execution and filing in the proper North Carolina, Register of Deeds Office by the principal or the attorney -in -fact at any time following execution. I have signed and sealed this General and Durable Power of Attorney this 7th day of July, /11• ' "l EG i %C psi (SEAL) Maggie Slominski, Principal STATE OF NORTH CAROLINA COUNTY OF MOORE On this 7th day of July, 2009, personally appeared before me, MAGGIE SLOMINSKI, Principal, she acknowledged that she executed the foregoing General and Durable Power of Attorney and being duly sworn by me made oath that the statements in the foregoing instrument are true. My Commission Expires: August 7, 2012 �T I Tamara R. Mackey, Notary Public TAMARA R. MACKEY NOTARY PUBLIC MOORE COUNTY STATE OF NORTH CAROLINA Page 8 of 8 l J �1t. Styron, Heather M. From: dckimes@charter.net Sent: Tuesday, July 26, 2011 8:05 PM To: Styron, Heather M. Subject: RE: permit Hey Heather, Yes- I give Jonathan permission to pick up the permit. Thank you very much!! Chad Darian Chad Kimes, PE Engineering Services 910-470-4494 On Tue, Jul 26, 2011 at 3:32 PM, Styron, Heather M. wrote: Hey Chad it is ok for Jonathan with Coastal Dredging to pick the permit up but I need permission from you for him to do so. Thanks, Heather Heather M. Styron Field Representative, Morehead City District Office NCDENR NC Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 (252) 808-2808 ext. 216 heather. m.styron@ncdenr.gov E-Mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statue or other regulation. 1 JBrownlow, Ro From: Brownlow, Roy Sent: Friday, September 02, 2011 11:18 AM To: 'Martin Slominski' Cc: Tyndall, Ted; Styron, Heather M. Subject: RE: Dale Sigman proposed dredging Mr. Slominski, Hope this finds you doing well. Thank you for your email dated 8/23/2011 in regards to the CAMA General Permit #58170-C issued to Mr. Sigman at 133 Palmetto Drive in Cedar Point, Carteret County. I apologize for the delayed response, however, as you may be aware, Hurricane Irene impacted the NC coast and has interrupted our routine procedures. The Division carefully reviewed the proposed maintenance excavation request with Coastal Resources Commission's rules under Title 15A NCAC 7H .1500 General Permit for Excavation Within or Connecting to Existing Canals: Channels: Basins: or Ditches in Estuarine Waters: Public Trust Waters: and Estuarine Shorelines AEC's. After review of these rules and Mr. Sigman's proposal, the Division found the request consistent with 7H .1504 General Conditions and 7H .1505 Specific Conditions. The issue you raise, maintenance of a never used canal, is not a general or specific condition that is addressed in the CRC rules for this specific type of project. Otherwise, the Division found the proposed development consistent with State guidelines. You may find the Coastal Resources Commission's rules on the DCM website at- http://dcm2.enr.state.nc.us/Rules/rules.htm Specifically, subsection 7H .1500 is found at: http://dcm2.enr.state.nc.us/Rules/Text/tl5a-07h.1500.pdf I hope this information is of assistance to you. If you have any other questions, please feel free to call me at the Morehead City District Office. Best regards, Roy Brownlow Roy Brownlow Acting District Manager, Morehead City District Office & Compliance Coordinator NCDENR NC Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 (252) 808-2808 Extension 217 Rov.BrownlowOncdenngov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Martin Slominski Imailto:ms@triad.rr.coml Sent: Tuesday, August 23, 2011 8:58 PM To: Brownlow, Roy Cc: mwslominski(dmsn.com Subject: Dale Sigman proposed dredging Mr. Brownlow — I am in receipt of your letter of 27 July, indicating that the Division of Coastal Management has approved the application of my neighbor, Mr. Dale Sigman, for dredging of an heretofore unused canal on his adjacent property at 133 Palmetto Drive, Cedar Point, NC. I am not sure how this project qualifies as a "maintenance excavation", since, to the best of my knowledge, the canal in question has never been used for any purpose, and has instead been allowed to fill with normal silt and sediment over a great many years. Mr. Sigman has a separate dock, not associated with this canal, and said separate dock is used for his boats and other access to the White Oak River. Perhaps you can provide further guidance to me on the subject as to what constitutes needed "maintenance" of a never used canal. I am engaging the services of two engineers to review this decision of the Division of Coastal Management. Please provide me with access to a copy of Coastal Resources Commission rules, in 15A NCAC 07H.1500, which you cited in your letter as the applicable rule providing governance in this matter. You may either fax those rules to me, at 336-331-3504 in care of M. Slominski, or provide me with information as to how I can access that information via the internet. My e-mail address is: mwslominski(cDmsn.com Thank you for your assistance. —M. Slominski z 1140 Fallbrook Lane Lewisville, NC 27023-8667 August 11, 2011 RECEIVED Mr. James H. Gregson AUG 15 2011 Director, Division of Coastal Management 200 Commerce Avenue DCM-MHD CITY Morehead City, NC 28557 RE: CAMA General Permit #58170-C Dear Mr. Gregson, am in receipt of a letter dated July 27, 2011, from Roy Brownlow, indicating that a dredging permit has been issued to Mr. Dale Sigman of 133 Palmetto drive, Cedar Point, NC. In my letters of June 24 and July 1, 1 raised several concerns about the proposed dredging of Mr. Sigman's canal. None of those issues were addressed in Mr. Brownlow's letter to me. I continue to believe that dredging the canal in question would be detrimental for several reasons. First, deepening the canal would increase tidal water ingress and egress, and would detrimentally increase the rate of erosion of the existing banks of the canal. Such erosion would adversely affect the integrity of the property of the undersigned. Many tall pines trees along the canal, adjacent to my property, were lost several years ago, probably due to the erosion from the canal, and also from the effects of the brackish water on the roots of those trees. The remaining stumps of those trees can still be seen on the property. Further erosion and increased flow of brackish water may affect the health of the live oak trees on my property. To minimize the effect of erosion, I think that as a condition of issuance of a permit to dredge the canal, Mr. Sigman should be required to erect a retaining wall around the canal. Another issue which has not been addressed adequately is where the 188 cubic yards of sludge will be dumped. Dumping the sludge in the qpP White Oak River should not be an option, as it will choke off what remains of the existing oyster beds in that area, and it will also alter the water line. Dumping the sludge on the adjacent property should also not be an option for its disposal. Part of the reason that the canal has filled with silt and sediment during the many years of its existence is because of erosion of the adjacent wet lands. If the canal is dredged, the erosion will increase unless the wet lands adjacent to the canal are shored, with retaining walls, or similar structures. Please review my letters of June 24 and July 1, which should be on file in your office. I request that the permit for dredging the aforementioned canal be delayed or revoked until the issues that I have raised in this and in my previous two letters have been adequately addressed and resolved to all parties' satisfaction. I also request that a copy of the rules of the Coastal Resources Commission contained in 15A NCAC 07H. 1500, as referenced in Mr. Brownlow's letter, be mailed to me for review. 'hank you. Sincerely, Maggie A. Slominski For Maggie A. Slominski: Martin W. Slominski POA for Maggie A. Slominski M.W. Slominski 1140 Fallbrook Ln Ef4*S, FRONC -�REBOZA Lewisville, NC 27023 `YSUA'D:-AIZ.EA Mr. James H. Gregson Director, Division of 200 Commerce Ave Coastal Management Morehead City, NC 28557 07:10 3363313504 WINSTON SALEM DENTAL PAGE 01102 1140 Fallbrook Lane Lewisville, NC 27023-8667 August 11, 2011 Mr. James W. Gregson Director, Division of Coastal Management 200 Commerce Avenue Morehead City, NC 28557 RE: LAMA General Permit #58170-C Dear Mr. Gregson, I am in receipt of a letter dated July 27, 2011, from Roy Brownlow, indicating that a dredging permit has been issued to Mr. Dale Sigman of 133 Palmetto drive, Cedar Point, NC. In my letters of June 24 and July 1, 1 raised several concerns about the proposed dredging of Mr. Sigman's canal. None of those issues were addressed in Mr. Brownlow's letter to me. I continue to believe that dredging the canal in question would be detrimental for several reasons. First, deepening the canal would increase tidal water ingress and egress, and would detrimentally increase the rate of erosion of the existing banks of the canal. Such erosion would adversely affect the integrity of the property of the undersigned. Many tall pines trees along the canal, adjacent to my property, were lost several years ago, probably due to the erosion from the canal, and also from the effects of the brackish water on the roots of those trees. The remaining stumps of those trees can still be seen on the property. Further erosion and increased flow of brackish water may affect the health of the live oak trees on my property. To minimize the effect of erosion, I think that as a condition of issuance of a permit to dredge the canal, Mr. Sigman should be required to erect a retaining wall around the canal. Another issue which has not been addressed adequately is where the 188 cubic yards of sludge will be dumped. Dumping the sludge in the 212611 07:10 3363313504 WINSTON SALEM DENTAL PAGE 02/02 White Oak River should not be an option, as it will choke off what remains of the existing oyster beds in that area, and it will also alter the water line. Dumping the sludge on the adjacent property should also not be an option for its disposal_ Dart of the reason that the canal has filled with silt and sediment during the many years of its existence is because of erosion of the adjacent wet lands. If the canal is dredged, the erosion will increase unless the wet lands adjacent to the canal are shored, with retaining walls, or similar structures. Please review my letters of .tune 24 and July 1, which should be on file in your office. I request that the permit for dredging the aforementioned canal be delayed or revoked until the issues that I have raised in this and in my previous two letters have been adequately addressed and resolved to all parties' satisfaction. I also request that a copy of the rules of the Coastal Resources Commission contained in 15A NCAC 07H. 1500, as referenced in Mr. Brownlow's fetter, be mailed to me for review. Thank you. Sincerely, Maggie A. Slominski For Maggie A. Slominski: / Martin W. Slominski POA for Maggie A. Slominski