51033_CATALIOTTI, ANTHONY_20070830

XCAMA / ❑ DREDGE & FILL
GENERAL PERMIT
New ❑Modification [-]Complete Reissue El Partial Rei
As authorized by the State of North Carolina, Department of Environment and
and the Coastal Resources Commission in an area of environmental concern pu
Applicant Name k k,�h
Address 0o Wir'L j �cl e_ L OaV\-
City tState KC ZIP Z8S 32.
Phone#4-151/ Fax#( )
Authorized Agent.
Affected ❑ CW 51EW R PTA ❑ ES ❑ PTS
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
❑ PWS: ❑ FC:
ORW: yes / no PNA yes /- Crit.Hab. yes / no
f Type of Project/ Activity
Z9-3L
76
Other(j) moo'`-r, yyovN
Shoreline Length
SAV: not sure yes o
Sandbags: not sure yes n
Moratorium: n/a yes o
Photos: yes no
Waiver Attached: es no
N° 51033
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Previous permit #
ssue ' Date previous permit issued
Natura es rces / � f .2 7 p D
rsuant to 3 NCAC / 7
g,Rules attached.
Project Location;: County Q-ZOLQQ-vim
Street Address/ State Road/ Lot #(s) 1 D O
Subdivision VA-,
City zIP,2 a53 z
Phone # () River Basin r�et'4lL
Adj. Wtr. Body M.kc,�.e,t� �`��/=_ nat /man /unkn)
Closest Maj. Wtr. BodyO ter—
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A building permit may be required by: (11C eve v\ d, Y See note on back regarding River Basin rules.
Notes/ Special Conditions (:I) a.rA-- ye_sseA S"'kk\ moo} W; � N"l
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Agent or Applicant Printed Name
Signature ** Please read compliance statement on back of permit
;-o D
k S.,A
POmitOfficer's Signature
g- 30-01 //-3o- e %
Issuing Date Expiration Date
0t C 0.v-C-v\ C-O • L- O g Z 31-7n
Application Fee(s) Check # Local Planning Jurisdiction Rover File Name

Mark R and Mary Jo Eichinger
#80901865
PO Box 809
Mendham, New Jersey 07945-0809
Division of Coastal Management
400 Commerce Avenue,
Morehead City, NC 28557 ' z 6 -L Z1 U
July 29, 2006
Re: Adjacent Riparian Property owner notice (attached)
Misf as c--,,ad City DCM
Just for context, I am. an expatriate on foreign assignment in Shanghai, China and a
property owner of lot 'A in Mitchell Harbor as shown on the attached. - I work for Eaton
Corporation in Cleveland Ohio. I did not receive this notice until Friday, July 28 h as my
mail is sent to a mail forwarder used by the'corporation and then bulk shipped to China --
if you do not receive this within the 10-day response period that is the reason. If this
arrives past the 10-day window, I am asking you to waive the 10-day notice.
I do object to granting a permit for the mooring as requested in the attached, and, for
several reasons:
• The 25 property owners in Mitchell Harbor purchased property in this boating
community with a waterfront view that is unobstructed and pristine. I would
think that the M.H. property owners association should have input .to this.
• The mooring will in a small way obstruct the waterway and could cause a hazard
after dark
• If the permit is granted and others want to do the same, it is possible we would
have a sufficient number of moorings that would clearly obstruct marine traffic in
and out of the established shore dockages.
• If this permit were granted it would make it extremely difficult to deny other
permits.
I am a boat owner and can understand the Van Der Biezen's desire to have additional
flexibility in dockage and boat anchorage. However, I firmly believe that this should be
submitted to the Mitchell Harbor Property Owners as it does in some way, impact them
all.
S' cerely,
Mark d M Jo Eichinger
Copy: Karen Vanderbiezen, 108 Windtide Lane, Havelock, NC 28532-8675, [phone]
Dwayne Mercer, 160 N. Mitchell Way, Havelock, NC 28532-8675 (for purposes of MHPOA
communications). (252 447-4148

A.a
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of CoasIal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
From: Wiler, Neal
Sent: Friday, July 07, 2006 3:13 PM
To: '[e-mail]'
Subject: ANTHONY CATALIOTTI @ 100 WINDTIDE LANE-200 #MUSHROOM ANCHOR
AHOY STEVE:
Attached is the picture of the 27 ft. Pearson on a boat lift, that we just spoke about. The 32 ft. Pearson is
astern in this photo and by now, my friend has had the lift modified so that it will hold the larger boat, as
this picture was taken last summer in Florida.
After you visit Tony next week and have looked at both his dock and ours (on adjacent Lot D), please give
me a call at my office: 303.376.6914 (b) or on my cell phone [phone], If you need to snail -mail me
something, my address is:
Neal W iler
17809 E. Baker Place
Aurora, CO 80013-5901
As we discussed, as long as Tony's anchor is fully flush with the Mitchell Creek bottom, there won't be an
issue with having a hazard to navigation created. The question remains as to how the swing of his boat
(once it's on the mooring tackle from the proposed mushroom anchor) might affect my future ability to add
a boat lift for my sailboat to our existing dock on Lot D?
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Subject: FW: ANTHONY CATALIOTTI @ 100 WINDTIDE LANE/LOT 9-STATUS AND
POLLUTION PROBLEM
From: "Wiler, Neal" <[e-mail]>
Date: Tue, 28 Aug 2007 13:32:39 -0600
To: <[e-mail]>
From: Wiler, Neal
Sent: Tuesday, August 22, 2006 3:26 PM
To: '[e-mail]'
Cc: '[e-mail]'; '[e-mail]'; '[e-mail]'; 'BMERCER'
Subject: ANTHONY CATALIOTTI @ 100 WINDTIDE LANE/LOT 9-STATUS AND POLLUTION PROBLEM
STEPHEN:
I'm writing you regarding two questions with respect to Tony's lot/CAMA request at 100 Windtide Lane in Mitchell
Harbour.
The first question is, what is the status of Tony's request to place a two hundred pound "hurricane mooring" in
Mitchell Creek? I know that Wray Simpson has sent you an e-mail indicating that he was not in favor of waiving
the fifteen ft. requirement (he's co-owner with me, as Tenant in Common, of the adjacent Lot D). After thinking
about it, I'm also not in favor of waiving the fifteen ft. requirement regarding Tony's CAMA request.
The second question regards whether or not CAMA would have jurisdiction on a sedimentation/erosion issue
regarding sheet flow across Lot D? The source of the sedimentation and run-off causing this erosion is Tony's
100 Windtide Lane/Lot 9, as chance would have it. The resulting erosion on Lot D appears to physically be within
the uphill boundary of the 75 ft. CAMA AEC & PCZ Line. That line is, itself, uphill from the Wetland demarcation
line on Mitchell Creek, for both Lot D and Lot 9.
The source of the run-off/sheet flow causing this new erosion is Tony's lot, now that it's been re -contoured in the
course of completing the construction of his new home. The sedimentation on Lot D is building up against a
small earthen dam that was constructed by the developer at the edge of the Wetland and within the CAMA Zone,
as discussed above.
Wray and I are both concerned that unless the source of this run-off/sheet flow is mitigated, that further serious
erosion and sedimentation into Mitchell Creek and through the adjacent wetlands will continue to occur. This
erosion and sedimentation condition did not occur until Tony's house was built, so we are convinced that an error
was made by his contractor in the final grading of Lot 9 that has caused this condition.
Stephen, is your office the correct one to address this problem of wetlands and stream pollution? If not, please
point me in the correct direction.
Unless this existing erosion/sedimentation problem is eliminated, we believe that serious damage to Lot D will
continue to occur and that pollution and sedimentation of the wetlands and of Mitchell Creek will also continue
unabated.
Any input you can provide would be appreciated.
Regards,
Neal Wiler
303.376.6914 (b)
1 of 1 8/30/2007 1:59 PM

31 06 02:26p 52 447-5596 p.1
Mr. Charles Jones, July 31, 2006
Director — CAMA
400 Commerce Ave
Morehead City, NC 28557 -
r
160 N Mitchell Way
Havelock, NC 28532
Dear Mr. Jones,
I am a boater and resident of Mitchell Harbour, located on Mitchell Creek in Craven
County. Our community consists of 25 building lots, each with its own dock or boat slip.
It has recently come to my attention that Mr. Maarten van der Biezen, 108 Wind Tide
Lane and Anthony Cataliotti, 100 Wind Tide Lane, both in Havelock, NC 28532 and both
residents of Mitchell Harbour, have applied for CAMA permits to install permanent
moorings in Mitchell Creek. I respectfully request that you deny both applications for the
following reasons.
• Both Mr. van der Biezen and Mr. Cataliotti already have their own docks and
boat slip, therefore they do not require a mooring.
• Installation of the moorings would interfere with access to navigable waters of
Mitchell Creek. At the present time we are able to freely navigate these waters
unobstructed. The moorings would obstruct our ability to fish and transit those
areas safely.
• During night time navigation, the moorings, unlike docks and shorelines
would be difficult to see and therefore represent a safety hazard.
• Boats transiting through our area into the headwaters of Mitchell Creek would
be especially vulnerable to collision because of their unfamiliarity with the
new obstructions.
• It is common for water skiers to use the calm waters of this part of Mitchell
Creek. Again, the presence of moorings will represent a safety issue for those
using the creek.
• Since prior to Hurricane Ophelia, there has been a sail boat at anchor in our
area of Mitchell Creek. It does not move or represent a threat to navigation, so
these applicants could easily anchor out when the need arises rather than
obstruct our creek on a peananent basis.
• As mentioned above, our development consists of 25 lots with each lot having
a dock or boat slip. Should most of us decide we would like our own personal

t:26p
252 447-5596 p.2
mooring; this end of the creek would be cluttered with moorings. Fortunately
since we all have docks or boat slips, there should not be a need for our oven
individual mooring.
During hurricane season, our end of Mitchell Creek is used as a safe
anchorage by many boats since we are so well protected. Permanent moorings
would deny anchorage protection to those most in need during a storm.
Thank you for your attention to and consideration of this matter.
Sincerely
Ar6�
Dwayne Mercer
252 447-4148
bmercer Rec.rr.com

• moorings at Mitchell Harbour
Subject: moorings at Mitchell Harbour
From: "Gene" <[e-mail]>
Date: Fri, 4 Aug 2006 10:01:30 -0400
To: <[e-mail]>
Dear Stephen
I am a member at Mitchell Harbor sub division and it has been brought to my attention that a request has
been made to you for moorings.
I am contacting you to let you know I oppose these moorings for a couple of reasons.
1. Mitchell Creek is a North and South Creek. When a north wind blows in,Maarten van der Biezen's boat
will be literally into our slips. If the wind blows from the south Tony Cataliotti's boat will impede our
navigation in and out of our slips.
2. If they are allowed to have moorings 200ft off of their docks the mooring floats will be in the path of
approach to our slips.
3. If they are allowed to have moorings then others will want them as well.
The lay out of all of our docks are very close together and if moorings would be allowed I do believe the
congestion would be dangerous for navigation.
I pray that the request for these moorings will be denied.
Sincerely
Gene Wenninger
1 of 1 8/7/2006 8:37 a.

.���
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
Mr. Gene Wenninger August 31, 2007
[e-mail]
Dear Mr. Wenninger:
This correspondence is in reference to your August 04, 2006 letter of objection to the mooring
piling proposal of Mr. Anthony Cataliotti, within Mitchell Creek, located at 100 Wind Tide Lane
in Havelock, Craven County, NC.
The DCM reviewed the application along with the pertinent rules of the Coastal Resources
Commission in conjunction with your objections and determined that the project is consistent
with the Commission's rules. Therefore, the DCM issued CAMA General Permit #51033-C to
Mr. Cataliotti on August 30, 2007, authorizing the mooring as proposed.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the
Director of the Division of Coastal Management, Mr. James Gregson, Department of
Environment and Natural Resources, within 20 days of the permit decision. A copy must also be
sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please
contact me and I can forward you the pertinent forms. And if you have any questions about this
matter, please don't hesitate to contact me at (252-808-2808).
Sincerely,
Tere Barrett
District Manager, MHC
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Jonathan Howell, Field Representative, DCM
400 Commerce Avenue, 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

A7x;A
i
RCDENR
North Caroling Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
Mr. Mark R. and Mary Jo Eichinger
#80901865
PO Box 809
Mendham, New Jersey 07945-0809
Dear Mr. and Mrs. Eichinger:
August 31, 2007
b�
This correspondence is in reference to your July 29, 2006 letter of objection to the mooring
piling proposal of Mr. Anthony Cataliotti, within Mitchell Creek, located at 100 Wind Tide Lane
in Havelock, Craven County, NC.
The DCM reviewed the application along with the pertinent rules of the Coastal Resources
Commission in conjunction with your objections and determined that the project is consistent
with the Commission's rules. Therefore, the DCM issued CAMA General Permit 451033-C to
Mr. Cataliotti on August 30, 2007, authorizing the mooring as proposed.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the
Director of the Division of Coastal Management, Mr. James Gregson, Department of
Environment and Natural Resources, within 20 days of the permit decision. A copy must also be
sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please
contact me and I can forward you the pertinent forms. And if you have any questions about this
matter, please don't hesitate to contact me at (252-808-2808).
Sincerely,
Tere Barrett
District Manager, MHC
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Jonathan Howell, Field Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

North Carolina Department of Environment and Natural resources
Division of Coastal Management
Michael F. Easley, Governor James Fi. Cregson, Director William G. Ross Jr., Secretary
Mr. Neil Wiler ,/lAugust 31, 2007
17809 E. Baker Place
Aurora, Co. 80013-5901
Dear Mr. Wiler:
This correspondence is in reference to your July 07, 2006 letter of objection to the mooring
piling proposal of Mr. Anthony Cataliotti, within Mitchell Creek, located at 100 Wind Tide Lane
in Havelock, Craven County, NC.
The DCM reviewed the application along with the pertinent rules of the Coastal Resources
Commission in conjunction with your objections and determined that the project is consistent
with the Commission's rules. Therefore, the DCM issued CAMA General Permit #51033-C to
Mr. Cataliotti on August 30, 2007, authorizing the mooring as proposed.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the
Director of the Division of Coastal Management, Mr. James Gregson, Department of
Environment and Natural Resources, within 20 days of the permit decision. A copy must also be
sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please
contact me and I can forward you the pertinent forms. And if you have any questions about this
matter, please don't hesitate to contact me at (252-808-2808).
Sincerely,
. tL
Tere Barrett
District Manager, MHC
Enclosure
cc: Ted Tyndall, Assistant Director, DCM
Jonathan Howell, Field Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper