16905_GAGNON, YVON PHIL_19961016 (2)

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Applicant Name
Address
City
CAMA AND DREDGE AND FILL
GENERAL
N9 016905-e
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 _Oz,;711, /7-00
L
Project Location (Count, State Road, Water Body, etc.)
Type of Project Activity
Phone Number /—Fold— i-72— Z'721-
State X)G Zip S%
,4 FC= e'u/ P 7',4
PROJECT DESCRIPTION
i
Pier (length :�L- )rloy
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SKETCH
tom)
(SCALE: j
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Groin length
number
Bulkhead length
max. distance offshore
✓
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
pL
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.
k
applicant's signature
/mod
permit officer's signature
96 /- /6 -97
issuing date expiration date
attachments �� I / `
In issuing this permit the State of North Carolina certifies that �,py _/ C�
this project is consistent with the North Carolina Coastal xapplication fee C
Management Program.

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YVON PHIL GAGNON
P.O. BOX 3t";L 20 7 C p
RALEIGH, NC s§@E
Z7,;�9
1269
66-1040/531
-- — - �- 18-� 11001
PAY TO THE
ORDER OF..---- - - - _ -- - -- — --.-� $
DOLLARS
Flrat ion National Bank p UI�pa ized
o/ North Carolina Barking.
Wilson, N.C. FOR-l�riYi-� G • d �U /
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1:0531101,001:106111,32 51,9311 1269

To: Margaret Boechele
366 Stratford Ave.
Collegeville, PA, 19426
From: Y. Phil Gagnon
606 Emerald Dr.
Emerald Isle, NC, 28594
Date: May 16th, 1996
Subject: Building a pier.
We want to inform you that we intend on building a pje� this.summer.
The diagram below illustrates the placement of the pier and the relationship to
existing piers.
According to Emerald Isle town code, adjoining neighbours need to be advised
and sign off that they do not wish to wave the 15' side set back. We are not
planning to encroach on the set back as the pier will be close to the centre of the
property as illustrated.
Please return this note with your signature at you earliest convenience. You can
keep a copy.
do not wave the 15' side set back.
Margaret Boechele
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SEP-12-1996 09:06 SCAPA GROUP
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RUG-21-1996 13:54
5CAPA GROUP
5400 Gianwood Avenue, Suite 2-18
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T'atepime:(9191 M1-3266
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Susan C. Buechele + .- ► 71
26 Buck Jones Road
Raleigh, NC 27606 J U L 3 0 1g96
y►'ii�4�tii�r�rUrc W ra�o�wNMri�,
July 25, 1996
Mr. Y.P. Gagnon
606 Emerald Drive
Emerald Isle, NC 28594
Dear Phil:
Thank you for your letter informing us that you intend to build a pier.
We do not wish to waive any of our property rights. Furthermore, we do not agree with the
property line you laid out. For approximately thirty years, we (as well as our neighbors) have
observed property lines that run straight from the road to the sound — not at an angle as you have
indicated. We are investigating our rights in this matter and will inform you of our findings.
Susan lives in Raleigh and handles matters concerning our house in Emerald Isle. You can reach
her at [phone] or [phone].
Best regards,
The Buechele Family

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Engineering and Land Surveying, P.A.
101 anatee Street- Cape Carteret
Swansboro, North Carolina 28584
919-393-2129 Fax [phone]

IMPORTANT
To \
Date
WHILE YOU WERE OUT
of ^� --
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
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Message_
Signed
N.C. Dept. of Environment Health, and N tural Resources
11 Y 5�t t_? _/I"
Printed on Recycled Paper
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M Resort Properties
44 Independently Owned and Operated
Paul Hemby
Owner/Broker
PO Box 4880
Emerald Isle, North Carolina 28594
Office: [phone]
Fax: [phone]
Fax Back On -Demand: [phone]
Toll Free: [phone]

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 21, 1996
Ms. Susan C. Buechele
26 Buck Jones Road
Raleigh, NC 27606
Dear Ms. Buechele:
EDEHNR
This letter is to inform you that the North Carolina Division of Coastal Management has
issued a CAMA General Permit to Mr. Yvon P. Gagnon for the construction of a 4' X 100' pier
with a 12' X 12' "T"-shaped platform on his property, adjacent Bogue Sound, at 606 Emerald
Drive in Emerald Isle, North Carolina.
From information submitted to this office, it appears that Mr. Gagnon mailed a letter via
certified mail to you in late August, but is was unclaimed and eventually returned to him. In
that letter, he indicated the surveyed property lines and the exact location of the pier. Mr.
Gagnon also provided us with an earlier letter from you whereby you were notified of his intent
to build a pier. In that letter you stated that you did not agree with the property lines as shown,
but failed to provide any such proof to support different lines. So given the information
provided, and given Mr. Gagnon's attempt to notify you via certified mail, Mr. Ted Tyndall of
this office concluded that all attempts at notification were exhausted and consequently on October
16, 1996, issued CAMA General Permit #016905-C authorizing construction of the pier.
If you wish to request an appeal of this permit decision, you may file a request for a
Third Party Hearing. Such a request must be filed within 20 days of the permit decision. If you
choose to appeal, please contact me or Mr.Ted Tyndall and the appropriate forms to make your
request will be forwarded to you.
MS' ce ly
:L .
Charles S. Jones
District Manager
CC. Preston Pate - DCM
M. Ted Tyndall - DCM
Yvon Phil Gagnon
P.O. Box 769, 3441 Arendell St., Morehead City NC 28557 I , %6 C An Equal Opportunity / Affirmative Action Employer
Voice 919-726-7021 FAX [phone] Courler l l-12-09 11 50% recycled / 10% post -consumer paper

MICHAEL F. EASLEY
ATTORNEY GENERAL
Ms. Susan C. Buechele
26 Buck Jones .Road
Raleigh, N.C. 27606
e
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27602-0629
December 3, 1996
REPLY TO: Robin W. Smith
Environmental Division
Tel. [phone]
Faz.[phone]
Q DEC 0 5 f96
WWWAIUMPI
Re: Request for Contested Case Hearing
Dear Ms. Buechele:
The Chairman of the Coastal Resources Commission had decided to deny your request
for a contested case hearing concerning CAMA General Permit No. 016905-C issued to Mr.
Yvon Phil Gagnon. You will receive an order, signed by the Chairman, setting out the grounds
for his decision.
You may appeal the Chairman's decision by filing a petition for judicial review in the
superior court pursuant to N.C.G.S. §§ 113A-123(a) and 150B-45 within thirty (30) days after
you receive the Chairman's order. Once the Chairman has denied a hearing request, the permit
again becomes active and the applicant may begin construction as authorized under the permit at
any time.
Please call if you have any questions.
cc: Yvon Phil Gagno
Charles Jones
Amy Gillespie
Very Truly ou ,
Robin W. Smith
Assistant Attorney General
An Equal opportunity / Affirmative Action Employer

'fig i i i
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL P. 0. BOX 629
RALEIGH
27602-0629
November 14, 1996
Mr. Yvon Phil Gagnon
606 Emerald Drive
Emerald Isle, N.C. 28594
Re: CAMA General Permit No. 016905-C
Dear Mr. Gagnon:
REPLY TO: Amy R. Gillespie
Euvironmenlal Division
Tel. [phone]
Fa:.[phone]
J 1
NOV 1 8 19%
�wwl►�„�r.�•.�wwr.�:
Susan c. Buechele has requested a contested case hearing to appeal the issuance of
CAMA General Permit No. 016905-C. Under North Carolina General Statute 113A-121.1, your
permit is suspended until: 1. the Chairman of the Coastal Resources Commission denies the
hearing request under standards set out in the statute; or 2. there is a final decision on the permit
appeal (if the hearing request is granted). I have enclosed a copy of the statute.
As a result, no development may be undertaken under the permit until further notice. The
Division of Coastal Management will prepare a recommendation for the Chairman on whether to
grant or deny the hearing request. The Chairman must make a decision within 15 days after
submission of the hearing request- in this case no later than November 21, 1996. If you wish to
submit any materials for the Chairman's consideration in ruling on the request for contested case
hearing, please send them to Assistant Attorney General Robin Smith at the letterhead address or
by FAX to [phone] as soon as possible.
If the Chairman grants the hearing request, the permit will remain suspended until there
has been a hearing conducted by the Office of Administrative Hearings and then a final decision
by the Coastal Resources Commission based on the evidence presented in the hearing.
0�
An Equal Opportunity / Affirmative Action Employer
�

Yvon Phil Gagnon
November 14, 1996
Page 2
Please call if you have any questions.
Ve Truly Yours,
11
Amy R. Gillespie
Assistant Attorney General
cc: M. Ted Tyndall
Susan Buechele

§113A-121.1 1995 CUMULATIVE SUPPLEMENT §113A-121.1
§ 113A-121.1. Administrative review of permit de-
cisions.
(a) An applicant for a minor or major development permit who is
dissatisfied with the decision on his application may file a petition
for a contested case hearing under G.S. 150B-23 within 20 days after
the decision is made. When a local official makes a decision to grant
or deny a minor development permit and the Secretary is dissatis-
fied with the decision, the Secretary may file a petition for a
contested case within 20 days after the decision is made.
(b) A person other than a permit applicant or the Secretary who
is dissatisfied with a decision to deny or grant a minor or major
development permit may file a petition for a contested case hearing
only if the Commission determines that a hearing is appropriate. A
request for a determination of the appropriateness of a contested
case hearing shall be made in writing and received by the Commis-
sion within 20 days after the disputed permit decision is made. A
determination of the appropriateness of a contested case shall be
made within 15 days after a request for a determination is received
and shall be based on whether the person seeking to commence a
contested case:
(1) Has alleged that the decision is contrary to a statute or rule;
(2) Is directly affected by the decision; and
(3) Has alleged facts or made legal arguments that demon-
strate that the request for the hearing is not frivolous.
If the Commission determines a contested case is appropriate, the
petition for a contested case shall be filed within 20 days after the
Commission makes its determination. A determination that a per-
son may not commence a contested case is a final agency decision
and is subject to judicial review under Article 4 of Chapter 150B of
the General Statutes. If, on judicial review, the court determines
that the Commission erred in determining that a contested case
would not be appropriate, the court shall remand the matter for a
contested case hearing under G.S. 150B-23 and final Commission
decision on the permit pursuant to G.S. 113A-122. Decisions in such
i cases shall be rendered pursuant to those rules, regulations, and
other applicable laws in effect at the time of the commencement of
the contested case.
g (c) A permit is suspended from the time a person seeks adminis-
trative review of the decision concerning the permit until the
Commission determines that the person seeking the review cannot
commence a contested case or the Commission makes a final
decision in a contested case, as appropriate, and no action may be
taken during that time that would be unlawful in the absence of a
permit. (1981, c. 913, s. 3; 1983, c. 400, ss. 1, 2; 1987, c. 827, s. 139;
t 1995, c. 409, s. 1.)
,r
Effect of Amendments, — The 1996 and added the last two sentences of the
amendment, effective October 1, 1995, in subsection.
subsection (b) rewrote subdivision (3),
CASE NoTEs
Section 150B-43 provides no au- tion because by enacting the provisions
thority for permitting plaintiff to by. for administrative review of rules, the
Pass the requirements of this sec- legislature wisely determined that the
48