55751_RUTZ, DONALD_20100528

2CAMA / ❑DREDGE &FILL
GE,NgRAL PERMIT Previous permit #
[]New Modification ❑Complete Reissue El Partial Reissue
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
Date previous permit issued
❑ Rules attached.
C
Applicant Name t� -' '� ,_ ��C' y )Q� . 1 `,U 1L, Project Location: County
Address !.A, itl c ll Street Address/ State Road/ Lot #(s)
City z � ' .� State 'J� zip — /
lye _
Phone # (`) -^� Fax # (�-�"'! Subdivision
Authorized Agent J " City ZIP f
Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Phone # O River Basin l..�
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 U
Type of Project/ Activity
(Scale: � % J� )
Pier i� '� : 1({i _,.
Platf
Finge
Groi
Bulkl
Basir
Boat
Boat
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avg distance offshore
max distance offshore_
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A building permit may be required by:
Notes/ Special Conditions �J/-
t
Agent or Applicant Printed Name
1 , / ( X See note on back regarding River Basin
Signature ** Please read compliance statement on back of permit
Application Fee(s) Check #
7 "
Permit Officer's, Signature ./
Issuing Date Expiration Date
Local Planning Jurisdiction "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, certifythatthis project is consistentwith 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 comply with these buffer rules.
Division of Coastal Management Offices
Raleigh Office Morehead City Headquarters
Mailing Address: 400 Commerce Ave
1638 Mail Service Center Morehead City, NC 28557
Raleigh, NC 27699-1638 252-808-2808/ 1-888ARCOAST
Location: Fax: [phone]
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Elizabeth Citv 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)
Revised 08/09/06

ADJA CE--T RIPARIA:,; PROPERTY O-;-NER STATEMENT
(F0,R ,4 PiEPii+1I00PI2'i G P-LLLVGSiBD,4TLIFTIBOATTIO TSE)
I hereby Cerf / that T o- n -cropeny adjacent to
(Name of Property Owner
property located at T� 0
�'I'il Road, etc.)
on. C� , in , N.C.
(Waterbody) (Town and/or County)
Applicant's phone #: ZS�-% Q.S�7_ Mailing Address:__
Ile has described to me, as shown below, the development he is proposing at that location, and., I
have no objections to his proposal. I understand that a pier/mooring pilings / boatlift / boathouse
must be set back a minimum distance of fifteen feet (15') from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
EM
I do not wish to waive
I do wish to waive that setback requirement.
W"I'SCIaPTION ANWOR DRANVING Off' PROPOSED DENELOPIVIENT:
(To be filled in by individual proposing development)
w/a--
�'x 31 � �"`I`'7Gl'•`'�L
(Information for Property Owner Applying (Riparian Property Owner Information)
for Permit)
Mailing Acfdress
af,�
Ciiylstat 1p
/--�S) 7aac--9qs-�
Tele hone Number
ig_n_atare late
Telephone Number
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'Connell, Brad
From: Donald Rutz [dar11 @cornell.edu]
Sent: Tuesday, May 25, 2010 1:33 PM
To: Connell, Brad
Subject: RE: Approval of our dock proposal
Good Afternoon Brad: Friday at 10 AM works great for us. See you then. Best, Don
>How about Friday morning at 10am?
>Brad
>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.
>----- Original Message -----
>From: Donald Rutz [mailto:[e-mail]]
>Sent: Monday, May 24, 2010 1:03 PM
>To: [e-mail]
>Subject: Approval of our dock proposal
>Good Afternoon Brad:
>My wife Kathy and I live in Jonaquins Landing (242 Jonaquins Drive,
>phone # [phone]) in Beaufort. We would like to add on to our existing
>dock in 7onaquins Creek to add a lift to accommodate our new boat, etc.
>I have been to your office and picked up the neighbor approval sheets
>and your current regulations. One of our neighbors has signed off on
>what we would like to do; the other opposes it and has suggested an
>alternative plan that perhaps would work for us in a modified form if
>it meets with your approval.
>I understand that the next step is for us to make an appointment with
>you to come and to look over and, hopefully, approve what we are
>proposing to do. Unfortunately, I am here in NC only this week and
>then I will be out of town until the end of June. Could you possibly
>meet with us this week? I have left a phone message at your office
>about this as well.
>Thanks in advance for your help with this.
>Best,
>Don
Donald A. Rutz, Ph.D.
Director of the NYS IPM Program &
Professor of Veterinary Entomology
IPM Program Office
NY State Agricultural Experiment Station Geneva, NY 14456-0462
1

f315) a87-2353
1Fax: [phone]
Department of Entomology
Comstock Hall
Cornell University
Ithaca, NY 14853
Telephone # [phone]
Fax: [phone]

IT
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TA,fk/
IT
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_ DJ_y CENT R PA--PJ --\ F:RO?'ERTY OWNER ST2 TEME T
! 0 - J P)
I hereby certi��,, that I own ;property adjacent to �ar4
(dame of Property owns
property located ar. v� d - qq
77, $lock, Road, etc.)
on. � CAE, , i:� N.C.
(Waterbody) (Town and/or County)
Applicant's phone 'QS"7 Mailing Address:.__C�
Iie has described to me, as shown below, the de.velopmeet. lie is proposing at that location, and, I
have no objections to his proposal. I understand that a pier/moorin- pilings / boatlift / boathouse
must be set back a minimu-n distance of fifteen feet (15') from my area of riparian access unless
waived by rrie. (If you -wish to Nvaive the setback, you must initial the appropriate blank
below.)
_� _ I do riot shish to waive
_ I do wish to waive that setback requirement•
DESCIt.IP'1 ION A1VWOR DRAWING Of' ;i'RC)PO-SEl) DE17EL0I'MI{.I'vT:
(To be filled in by individual proposing development)
30
(Information for Property Owner Applying
for Permit)
p2 4
'_Mailing A ress
C i iy/S to i� ip
/'7a�- 195- 7
Tel e bone. Number
4y,6
Signature Date
lva, OZ4�j
------------------
(Riparian Property Owner Information)
Signature
rririt or Type Narne
Telephone Number
Date:

a.
DONALD A RUTZ 1353
KATHRYN H RUTZ 66-112/531
242 JONAQUINS DR PH. [phone]
BEAUFORT,NC 28516
� v
E /V
Lo��u%om�rr< ri
BRANCH BANKING AND TRUST COMPANY IIIIIt./C000
1-80'0-BBANK
BBT � o
11:0 5 3 LO 1 L 2 Li:000 5 LO 50 3404 21110 1 3 5 3
+§au.

NC Division of Coastal Mgt. Habitat Impact Computer Sheet
Applicant: Donald Rutz
Date: May 28, 2010
General Permit #: 55751 C
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount
OW
Dredge ❑ Fill ❑ Both ❑ Other ®
1,750
1,750
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised:02/03/10

Connell, Brad
From: Donald Rutz [dar11 @cornell.edu]
Sent: Tuesday, June 22, 2010 7:37 AM
To: Connell, Brad
Subject: Re: CAMA permit
Good Morning Brad: Yes, we decided on Mike Noe to do the work. He has the entire dock and walkway
completed. He will be back next Monday to put in the boat and jet ski lift. Our neighbor, Harvey Darrah seems
to be OK with what we are doing thus far. At least that is what he has told Kathy. If more is needed, just let me
know.
Thanks again for all of your help with this.
Best,
Don
Mr. Rutz,
I hope this correspondence finds you doing well. I was just wanting to follow up with you on the
General Permit issued to you last month and see if you had decided on a contractor and if/when
you were going to start your construction.
Brad
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.
Donald A. Rutz, Ph.D.
Director of the NYS IPM Program &
Professor of Veterinary Entomology
IPM Program Office
NY State Agricultural Experiment Station
Geneva, NY 14456-0462
[phone]
Fax: [phone]
Department of Entomology
Comstock Hall
Cornell University
Ithaca, NY 14853

Telephone # [phone]
Fax: [phone]

A�xvn
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
May 28, 2010
Mr. Harvey O. Darrah
240 Jonaquin Drive
Beaufort, NC 28516
Dear Mr. Darrah:
Dee Freeman
Secretary
This letter is in response to your letter dated May 18, 2010, regarding your concerns about the proposal by
Donald Rutz to install a dock with two boatlifts located in Jonaquins Creek adjacent to 242 Jonaquin Drive near
Merrimon, Carteret County. The proposed project has been determined to comply with the Rules of the Coastal
Resources Commission (7H. 1200), and as such, a permit has been issued to authorize the development. I have
enclosed a copy of the permit, as well as the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Hearing.
The request for a hearing will be considered by the Chairman of the Coastal Resources Commission. The
hearing request must be filed with the Director, Division of Coastal Management, in writing and must be
received within twenty (20) days after the disputed permit decision is made. I have enclosed the applicable
forms and instructions that must be filed prior to that deadline. Please contact me at [phone], if you have
any questions, or if I can provide any additional information.
Cc: Brad Connell, Field Representative
HO
Sincerely,
Ted Tyndall
Assistant Director
L --
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] \ FAX: [phone] Internet: www.necoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
Nne
orthCarolina
,,lVaturalz

LXCAMA / ❑ DREDGE & 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 15A NCAC • / d
ules attache .
Applicant Name O Project Location: County �a ewe
Address a q tA 1 (liP Street Address/ State Road/ Lot #(s)
i�
City �,� �`r State ZIP
Phone #lax # ( Subdivision b G1 `^� .c. c
Authorized Agent City �.0,o ZIP
Affected �'CW �W APTA 'E�s ❑ PTS Phone # ( - --j- River Basin Ale U S e—
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body r, man unkn
❑ PWS: ❑FC: _
ORW: yes no yes PNA / no Crit.Hab. yes / jo Closest Maj. Wtr. Body � J (%
Type of Project/ Activity e-,X ,Pa d} a I (ill ;�ft cx I J t
Pier (dock) lengthrr�
Plarf.,�..,fel /J Y �, a i
Finger pier(s) D 1� Jof
Groin length
number
Bulkhead/ Riprap length_
avg distance offshore_
max distance offshore
Basin, channel
cubic yards
Boat ramp
Boathous oBoatlifq f
i
Beach Bulldozing
Other 2 y ..--•'-_ — _
Coma
Shoreline Length-
SAV: not sure yes Pho ----------_-------V�Y L� - --
Sandbags: not sure yes do
Moratorium: n/a yes no
Photos: yes
Waiver Attached: < es no ---- - --
A building permit may be required by: Z
Noes/ Special Condi ions I
.> G,JniJf� !1P Qa
-ram --------(--1
Agent o Appli ni Printed Name
Signature * Ple4p read compliance stakment on back of ermit **
�o 15 jf�-3
Application Fee(s) Check #
LY See note on back regarding Riv r Basin
f S - ��
Iss n Dat Expi tion D e
�jo' 1 000agl �
Local PlanningJurisdiction Rover File Name
i

Wr
DCM FORM 5
PETITIONER'S NAME
COUNTY
FILE NUMBER
(Petitioner leave this line blank)
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DECISION
PLEASE TAKE NOTE that the undersijned,'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 Management, Department of Environment and
Natural Resources, acting on a CAMA Major Development Permit
application or CAMA General Permit application
hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to
N.C. Gen. Stat. § 113A-121.1(b) and N.C. Admin. Code tit. 15A, r. 7J.0300 (Please attach a
copy of the permit application decision. If you cannot obtain a copy of the permit application
decision, please provide the name of the permittee, the project location and the permit number.)
Requests are reviewed by the Chairman of the Coastal Resources Commission to determine
whcthcr a 11caring should be gralacd. 1,11e determination of whctlicr to gran( a hearing is in the
sole discretion of the Chairman. N.C. Admin. Code tit. 15A, r. 7J.030I(b).
For this application to be complete, the Petitioner must address each factor listed below on a
separate sheet of paper. You must address these factors before your request will be reviewed.
The 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. Gen. Stat.
113A-121.I(b)(1)1:
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C. Gen. Stat. § 113A-121.1(b)(2)1: and
(Please describe how you are directly affected by the permit decision.
Persons directly affected by a decision include, but are not limited to:
(a) any owner of real property in the vicinity of the property to
be developed who can show that the proposed development
is likely to have a significant adverse effect on the value
and enjoyment of his property: and
(b) any person who can demonstrate a history of .substantial
use of public resources in the area directly affected br the

development when the development is within or touches
upon an area subject to the public trust.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for
the hearing is not frivolous [N.C. Gen. Stat. § 113A-121.1(b)(3)].
(Please summarize the evidence or arguments you will present at a
hearing in support of your appeal.)
Based on the attached responses to the above factors, the undersigned hereby requests a third
party hearing.
Date
Signature of Petitioner or Attorney
Name of Petitioner or Attorney
Address
City State Zip
Telephone Number
NOTI S: This rcquest Must be served on the Director, Division of'Coastal Manaacment, at
the address shown on the attached Certificate of Service Form, within twenty (20)
days of the disputed permit decision. N.C. Gen. Stat. § 113A-121.1(b). Failure to
do so constitutes waiver of the right to request a hearing. A copy should also be
sent to the Attorney General's Office, Environmental Division, at the addresses
shown on the attached Certificate of Service Form.
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 Chairman's Order. N.C. Gen. Stat. § 113A-121.1(b).
Denial of a Third Party Hearing Request is a final agency decision which may be
appealed to the Superior Court in the county where the property is located under
N.C. Gen. Stat. § 113A-121.1(b) and Chapter 150B. Article 4.

t
CERTIFICATE OF SERVICE
I hereby certify that this Third Party Hearing 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
400 Commerce Avenue
Morehead City, NC 28557
and a copy served on: Attorney General's Office
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
This the day of
Updated: June 1. 2005
Signature of Petitioner or Attorney