HomeMy WebLinkAbout18765_CAUSEWAY PIER_19970729O
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CAMA AND DREDGE AND FILL
GENERAL ` -
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC
Applicant Name
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION I SKETCH
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore —
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
_re
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,
imprisonment or civil action; and may cause the permit to be-
come 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) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
Phone Number
State
Zip
(SCALE:
i
1 applicant's signature
1permit officer's signature
f
issuing date expiration date
attachments(ir !�
application fee
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
Carolyn Carter
108 Old Causeway Rd.
Beaufort, North Carolina 28516
Dear Carolyn,
8/22/97
I am writing with regard to the General Permit #018765-C issued to you on 7/29/97 for bulkhead
construction around the existing pier house at the same address. As you know, there have been
concerns expressed by William Taylor regarding the termination point of the structure. By way of
this letter I am confirming our discussion and modifying the permit to terminate the bulkhead wall
at the concrete highway abutment. There is some question about your ownership of the property
beyond this point. If you have any questions about this feel free to call me at 808-2808.
Sincerely,
T. Barrett
cc: Charles Jones, DCM
Jeff Richter, COE
Larry Smith, LPO
William Taylor
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 Telephone 919-808-2808 Fax 919-247-3330
An Equal Opportunity Affirmative Action Employer 50 % Recycled / 10 % Post -Consumer Paper
July 8, 1997
Causeway Pier, Inc.
108 Old Causeway Road
Beaufort, NC 28516
RE: construction of new seawall
I have no objection for Carolyn Carter, owner of Causeway Pier, to construct a new seawall on
her property that Aoi to mine.
date
July 8, 1997
Causewav Pier. Inc_
July 8, 1997
Causeway Pier, Inc.
108 Old Causeway Road
Beaufort, NC 28516
RE: construction of new seawall
I have no objection for Carolyn Carter, owner of Causeway Pier, to construct a new seawall on
her property that adjoins to mine
signature
"M
date
North Carolina Ports Railway
August 19, 1997
Mr. Charles Jones 172
Dept. of Environment, Health & Natural Resources
Division of Coastal Management
151-B Hwy. 24, Hestron Building
Morehead City, NC 28557
Dear Mr. Jones:
'�I
OEM
L0,117.
2 5 1997
Comm LJ"J"I j`)Mj.
Confirming our conversation at 2:15 PM and 3:15 PM today; this is to advise that we did agree for
ausewa Pier/Carolyn Carter bulkhead her property up to the South side of the old highway 70
abutment, but not to the railroad trestle. This was to prevent her building from falling into the Newport
River.
The North Carolina Ports Railway owns in fee 50 feet on each side of its trackage and this property is leased
to the Beaufort & Morehead Railway, Inc.
Attached as information is a copy of the transfer documents, transferring this property from the Beaufort
and Morehead Railroad to the North Carolina Ports Railway Commission.
Atts:
CC: Roy A. Giles, Jr.
Asst. Atty. General
A. R. Leary, Jr.
BMRI
file
WCT: jb
Sincerely,
�,L�� L
William C. Taylor
William C. Taylor
General Manager
Tel.(910) 762-0916
Fax. (910) 251-8159
1717 Woodbine Street 0 Wilmington, N.C. 28401
P. r .Jrn Z X
MICHAEL F. EASLEY
ATTORNEY GENERAL
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27602d)r29
August 1, 1997
Mr. William C. Taylor
N. C. Ports Railroad Commission
1717 Woodbine
Wilmington, North Carolina 28401
Re: BMRC vs. Norfolk Southern
Transfer of Registered Estate No. 43 from
BMRC to PRC - File 97-CC-8
Dear Bill:
Reply to: Roy A. Giles, Jr.
Property Control Section
Telephone: (919) 733-7408
FAX: (919) 733-2947
l AUG 2 ; 11997 1 1 t
As I advised the PRC Board at its meeting on July 31, 1997, we have completed the transfer
of Registered Estate No. 43 from the BMRC to the PRC. In connection with that transfer, I am
enclosing herewith for your files a copy of the following documents:
1. Order of Superior Court directing issuance of a new certificate of title to replace lost
certificate.
2. The Certificate of Title of Beaufort and Morehead Railroad Company. The original
of this certificate was surrendered at the time the property was transferred from the
BMRC to PRC.
3. Copy of Transfer of Registered Estate No. 43. The original of this document will be
forwarded to the Secretary of State's Office for retention.
4. Certificate of Title of NCPRC- The original of this document will be transferred to the
Secretary of State's Office for retention as required by statute.
A copy of the transfer document and the certificate of title of PRC will also be retained in the
files of the State Property Office.
Ve ly your
Roy A. G es, Jr.
Assistant Attorney General
RAGjr/fpt
Enclosures
P.M, 1221
STATE OF NORTH CAROLINa ' IN THE GENERAL COURT OF,JUSTICE
SUPERIOR COURT DIVI�IO�f,
COUNTY OF C ARTERET"_ `_ Special Proceeding,No. 76.
BEAUFORT AND MOREIHIEA.D )
RAILROAD COMPANY, )
Pe11,tioner, )
V.
ORDE �
NOR -FOLK SOUTHERN RAILWAY
COMPANY,
Respondent,
This Special Proceeding coming on to be heard and being heard before the undersigned Clerk
of the Superior Court of Carteret County on the 3rd day of July, 1997, upon the piing of verified
Petition by Beaufort and Morehead Railroad Company, and it appearing to the Court that the
allegations contained in the verified Petition of Beaufort and Morehead Railroad Company are true.
That the Certificate of Title for the subdivided portion of Registered Estate No. 43, recorded
in Book 2, Page 62 (Registration of Land Titles 2, Pt. 1, page 62), Carteret County Registry
belonging to Beaufort and Morehead Railroad Company has been lost.
That a Notice as required by law has been duly published in "The Carteret News Times", on
the dates of May 23, 1997, May 28, 1997, June 4, 1997, and June 11, 1997, concerning the substance
and purpose of this Petition, requiring all persons having any interest in the land described in the
Petition to appear on the 3rd day of July, 1997, at 11:00 a.m., and show cause, if any they have, why
-a Certificate of Title for the subdivided portion of Registered Estate No. 45, recorded in Book 2,
Page 62 (Registration of Land Titles 2, Pt. 1, page 62), Carteret County I�szy3,should not be
issued to Beaufort and Morehead Railroad Company, replacing the `Cer of to 'of Title'to the
subdivided portion of Registered Estate No. 43 which has been lost�-
i�Py
'LIER' J31F S! -R1,Q� t0URT
_.`rior Couri --
That Respondent, Norfolk Southern Railway Company has filed a reply indicating it does not
oppose the issuance of a new certin"cate of title to petitioner as prayed for in the Petition.
That no other answer or response has been filed to the Petition duly pending in this cause and
that the time for answering has e mired and that Beaufort and Morehead Railroad Company is
entitled to the relief requested in its Petition which was duly pled on May 21, 1997.
That this court finds as a fact that the Certificate of Title for the subdivided portion of
`Registered Estate No. 43, issued to Beaufort and Morehead Railroad Company, and recorded in
Book 2, Page 62 (Registtation of Land Titles 2, Pt. 1, page 62), Carteret County Registry has been
lost
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED, that the Certificate of
Title for the subdivided portion of Registered Estate No. 43 be issued in the name of Beaufort and
Morehead Railroad Company replacing the Certificate Of Title to the subdivided portion of
Registered .Estate No. 43 as recorded in Book 2, page 62 (ReYstration of Land titles 2, Pt 1,
page 62), which has been Iost.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Beaufort and Morehead
Railroad Company pay the costs of this proceeding, including the legal adve casement that was
published in "The Carteret News Times". That a certified copy of this Order be transmitted to the
Register of Deeds of Carteret County, then by her, duly recorded.
This 3rd day of July, 1997.
Fife `or registration zt "I,
an he a o
19 , and recorded is Brok, Page 9 Offipce�a f Darlene Leonard:
the RegWpr .#Deeds, Carteret Count"!, Nnrlh C�rmli�a. Clerk of Superior Court o �Car`t et Coun
S3�a� Piper — ry
Re 'stet of De_ s •. � _- =
BY ;
Assistant, Der - ,
Prepared b and return to: /RoyA. Giles
p y Jr., Assistant Attorney General,
P. 0. Box 629, Raleigh, N. C. 27602 _
STATE OF NORTH CAROLINA
COUNTY OF CARTERET REGISTERED ESTATE NO. 43
1 rIE CERTIFICATE OF TITLE r f E
1!�
OF 'A U a N J 1917 a
BEAUFORT AND MOREHEAD RAILROAD COMPANY
I hereby certify that title is registered in the name of Beaufort and Morehead Railroad
Company, a corporation duly created, organized and existing under the laws of the State of North
Carolina, to a certain tract, lot or parcel of land lying and situated in said County of Carteret and
State of North Carolina, described as follows:
Being a subdivided part or portion of Registered Estate No. 43,
evidenced by certificate of title bearing date July 14, 1932, registered
in Book 2, Page 81, of the Register of Deeds Office in Carteret
County, North Carolina, which said title was registered and certificate
of title issued under decree of the Superior Court of Carteret County, `
in the proceeding entitled "Samuel W. Morgan and W. B. Blades,
Petitioners, vs. Norfolk Southern Railroad Company, Beaufort &
Western Railroad Company, W. L. Arrington, Julius H. Whitehurst,
Perry Heirs - C.L. Duncan, Frank D. Perry, Etta Perry, Jack D. Perry,
Joan Rumley, Mary Rumley, Daisy Hatsel, and others, Defendants",
which said subdivided portion is described as follows: A strip of land
one hundred (100) feet in width; that is to say fifty (50) feet on each
side of the centerline of Beaufort and Morehead Railroad (formerly
Norfolk Southern Railroad) as located, measured at right angles
thereto, which said strip of land measured along the centerline is
4,666 feet from the eastern end of the railroad trestle across Gallant's
Channel and is now occupied by said railroad, which strip or parcel
of land is shown upon the map or blueprint hereto attached.
Estate: Fee Simple, subject only to such unpaid taxes as may have been lawfully assessed
thereon. (<� j
B00K PACE 31?5 -
This Certificate of Title for the above described subdivided portion of said Registered Estate
No. 43, Book 2, page 81, is issued pursuant to an Order and decree of the United States District
Court for the Eastern District of Virginia, made in a cause in equity therein pending and the transfer
of said undivided portion, which transfer and order is duly recorded in the Register of Deeds Office
of Carteret County, North Carolina, in Book 2, page 327.
Registered Estate No. 43, Book 2, Page 62, Carteret County Registry.
This Certificate of Title for a subdivided portion of Registered Estate No. 43 is issued to
Beaufort and Morehead Railroad Company to replace the Certincate of Title to a subdivided portion
of Registered Estate No. 43 which has been lost. Further reference is made to an ORDER entered
by the Clerk of Superior Court of Carteret County which is of record in Book 5A, Page 374, Carteret
County Registry.
Registered Estate No. 43, Book ; t , Pagea �5' , Carteret County Registry.
Witness my hand and seal of my office, this the �a ay of July, 1997.
Register of Deeds
Carteret County
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Prepared by and return to: Roy A. Giles, Jr., Assistant Attorney General,
P. O. Box 629, Raleigh, N. C. 27602
STATE OF NORTH CAROLINA
COUNTY OF CARTERET REGISTERED ESTATE NO.43
i; '
IJ
THE CERTIFICATE OF TITLE
OF
A'U6 1P97
NORTH CAROLINA PORTS RAILWAY COMMISSION
I hereby certify that title is registered in the name of North Carolina Ports Railway
Commission, an agency of the State of North Carolina, to a certain tract, lot or parcel of land lying
and situated in said County of Carteret and State of North Carolina, described as follows:
Being a subdivided part or portion of Registered Estate No. 43,
evidenced by certificate of title bearing date July 14, 1932, registered
in Book 2, Page 81, of the Register of Deeds Office in Carteret
County, North Carolina, which said title was registered and certificate
of title issued under decree of the Superior Court of Carteret County,
in the proceeding entitled "Samuel W. Morgan and W. B. Blades,
Petitioners, vs. Norfolk Southern Railroad Company, Beaufort &
Western Railroad Company, W. L. Arrington, Julius H. Whitehurst,
Perry Heirs - C.L. Duncan, Frank D. Perry, Etta Perry, Jack D. Perry,
Joan Rumley, Mary Rumley, Daisy Hatsel, and others, Defendants",
which said subdivided portion is described as follows: A strip of land
one hundred (100) feet in width; that is to say fifty (50) feet on each
side of the centerline of Beaufort and Morehead Railroad (formerly
Norfolk Southern Railroad) as located, measured at right angles
thereto, which said strip of land measured along the centerline is
4,666 feet from the eastern end of the railroad trestle across Gallant's
Channel and is now occupied by said railroad, which strip or parcel
of land is shown upon the map or blueprint hereto attached.
Estate: Fee Simple, subject only to such unpaid taxes as may have been lawfully assessed
thereon, and the condition hereinafter set forth.
BQOK ��y� PA.GF 3�'U
CONDITION: In the event of a sale by the North Carolina Ports Railway Commission of
any portion of the property herein described, the proceeds from such sale shall be retained by the
Commission and used exclusively by it, or its successors and assigns, to promote and accomplish
the statutory purposes for which the Commission was created as set forth in Part 11, Article 10,
Chapter 143B of the General Statutes, as the same may be amended from time to time.
This certificate is issued to the owner thereof in lieu of Certificate for Registered Estate
No. 43, Book 5A, Page 375, Carteret County Registry, which has been cancelled.
Registered Estate No. 43, BookQL"i Page_, Carteret County Registry.
Witness my hand and seal of my office, this the day of July, 1997.
(OFFICIAL SEAL)
�..
No1927. � •; �� jr.
r-n
Register of Deeds
Carteret County
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Prepared by and Return to: JRoy A. Giles, Jr., Assistant Attorney General,
Post Office Box 629, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
TRANSFER OF REGISTERED ESTATE NO 43
LIn c; I!
j ;J Q�� ��
I
BY THIS TRANSFER AND DEED made this -day of July, 1997, BEAUFORT AND
MOREHEAD RAILROAD COMPANY, a North Carolina corporation, in consideration of the sum
of TEN DOLLARS AND NO100 ($10.00) and other good and valuable consideration, receipt of
which is hereby acknowledged, does hereby convey to the NORTH CAROLINA PORTS RAILWAY
COMMISSION, an agency of the State of North Carolina, the following described lands, which said
tract of lands are described in the Certificate of Title for Registered Estate No. 43, which is of record
in Book 5-A, Page No. 375, Carteret County Registry, and more particularly described as follows:
Being a subdivided part or portion of Registered Estate No. 43,
evidenced by certificate of title bearing date July 14, 1932, registered
in Book 2, Page 81, of the Register of Deeds Office in Carteret
County, North Carolina, which said title was registered and certificate
of title issued under decree of the Superior Court of Carteret County,
in the proceeding entitled "Samuel W. Morgan and W. B. Blades,
Petitioners, vs. Norfolk Southern Railroad Company, Beaufort &
Western Railroad Company, W. L. Arrington, Julius H. Whitehurst,
k Perry Heirs - C.L. Duncan, Frank D. Perry, Etta Perry, Jack D. Perry,
Joan Rumley, Mary Rumley, Daisy Hatsel, and others, Defendants",
which said subdivided portion is described as follows: A strip of land
one hundred (100) feet in width; that is to say fifty (50) feet on each
side of the centerline of Beaufort and Morehead Railroad (formerly
Norfolk Southern Railroad) as located, measured at right angles
thereto, which said strip of land measured along the centerline is
4,666 feet from the eastern end of the railroad trestle across Gallant's
Channel and is now occupied by said railroad, which strip or parcel
of land is shown upon the map or blueprint hereto attached.
Estate: Fee Simple, subject only to such unpaid taxes as may have been lawfully assessed
thereon, and the condition hereinafter set forth.
BOOK L� A PAGF 3`%5
2
THIS TRANSFER IS MADE SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS: In the event of a sale by the North Carolina Ports Railway Commission of any
portion of the property herein described, the proceeds from such sale shall be retained by the
Commission and used exclusively by it, or its successors and assigns, to promote and accomplish
the statutory purposes for which the Commission was created as set forth in Part 11, Article 10,
Chapter 143B of the General Statutes, as the same may be amended from time to time.
IN TESTIMONY WHEREOF, the said BEAUFORT AND MOREHEAD RAILROAD
COMPANY has hereunto caused this instrument to be executed in its name by its President, and
attested by its Secretary/Treasurer, and its corporate seal affixed hereto, by authority duly given.
ATTEST:
By:
— z
David D. King, Secret /Treasurer
(CORPORATE SEAL)
BEAUFORT AND MOREHEAD RAILROAD
COMPANY
B
Garland B. Garrett; Jr., President
,BO�QK ��5 PAG". 31
3
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, /Y/ • o'er a Notary Public in and for the County and
State aforesaid, do hereby certify that David D. King, personally came before me this day and
acknowledged that he is Secretary/Treasurerof Beaufort and Morehead Railroad Company, and that
by authority duly given and as an act of Beaufort and Morehead Railroad Company, the foregoing
instrument was signed by Garland B. Garrett, Jr., its President, attested by himself as
Secretary/Treasurer, and sealed with the common seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this the --,�-74ay
of July, 1997.
Notary Public43
_
C.
My Commission expires:.0
_
No. 1926 NORTH C"R^1_11A,
CARTER" if TY_
The farerTcir-;
Is (are) urtiflel "o
ire correct. This instrument was pre-
sented for rez istmtion aid recorded in this office In
Boo&"�-a
3
This day o
1993at�1 O'clockA--
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c, �`y�n
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Permittee's Namena
Location:RA Field Rep.
Phone: � ����c 1 Date of Report:
Description of Project:
Date Project Reportedly Compfete:
(1) Do the measured dimensions of the de ve ent differ f om t
indicated in the permit .and ����kp1at? es / No Have all g�zi
conditions been satisfied? IYe)/ No
COMMENT: � (��J��'t//
61,
(2) Sedimentation and Erosion Control: Has perm seeded, grassed,
or otherwise stabilized all disturbed areas: fYes k No
COMMENT: `
(3) Future Monitoring andLnforcement Ac n: Is`further investigation
or enforcement action needed? Yes / No
COMMENT: