21066_MATHEWS, WILBUR AND MIKE NOE_19981103

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 Phone Number
Address
City State Zip
Project Location (County, State Road, Water Body, etc.)
1021066-- �. _
6�
Type of Project Activity
PROJECT DESCRIPTION SKETCH ,-•�._: (SCALE: F )
Pier (dock) length Ii
Groin length Z
number i:T.:�
Bulkhead length
max. distance offshore
i
i
Basin, channel dimensions _ k {A
cubic yards
Boat ramp dimensions
Other
t
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.
attachments
v
applicant's signature
I �
permit officer's signature
issuing date expiration date
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application feed ( i
Management Program.

MIKE NOE CONSTRUCTION 0671
PH 919-728-3828
PO BOX 586 66-152/531
BEAUFORT, NC 28516 dF
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LSXAIJL" T JLM
v
Wachovia Bank, N.A. 5w (
Beaufort, NC 28516
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1:0 S 3 LO L 5 2 91: 5461, L9 7 L8 Llim DG 7 L

c, �: fy !' V I own property adjacent to 1Q �,A � /�,(� etv-!�;
(Name of Property Owner)
-
(Ut, dock, Road, etc,)
5puvv -�
Ll�
(Wverbody) (Town And/or Cauz:ty)
He *as dts�:ribed to me, as shown below, the development he is proposing at tha(
: xatior , a^.. ; have nc objections to his propoSa? 1 understand that spier/uncovered boat ij
must be se: ba, k a r•:nimurn dist Act of fifteen feet (15') from my area of riparian access ur-es:
waved by rrc.
14_1_Ul wish to Waive the scrback requirement.
I d.n wish to waive that setback requirement.
DF'KPRL !-,ON A.ti-D/OR D&A WLNG OF PROPOSED DFVFL•OP
"% be ffid in by fndividua! prapo's�ng dey"Lopm,ent)
If
f
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------ ___.------
Signa:�:re
Print or Type Name
- /S 9
Telephone Number
Date:Zs�y ���

Si2p - ;' 3 - 9L? 0+ : i c`3- A AMt R I CAN DRYWALL COMPANY 919 787 3322
(FUR A FIEWUNCOVERED BOA 7-L M
I lr�erehy ct--vfy dA ai I own property adjaautt to
(I` tLs a of Properly Owucr`
/ M14LU��
(Lot, Block, Roikd, etc.) /J�
N . C
(Waterbody) (Town and/or County)
He has describe+ to me, as sltokrt below, the development hit is prnpsir-.g v tJ.�
loeA?a oo, and, I have no objections to his proposa:. I wtide`srand chat 1 g:e1/uncc-erc4 bc7,c b'
mU3, b� .V; bock a riinimlim di5w= of Rftmn fxt (IS) ftm my area of riparian acce..cs U tress
at��d by me.
I ifta-m wish to wjivc the sctbac:k requirement.
____ i �o w:<� tv w�vs mat setback :cgt�ireme»t.
DF..5CRIFITON A s-DIOR DRAWLNG OF FJtQM5ZD DES' N
I�r fTo be jWid in by rndi►adi4l prrposing drvoLptr ew'
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Sigi
Ppx.- or Type Name
Telephone Number
Dice.. f

AJOILIAN
NCDENit
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
Wilbur Matthews
1705 Fort Macon Rd.
Atlantic Beach, NC 28512
JAMES B. HUNT JR. CERTIFIED MAIL
GOVERNOR RETURN RECEIPT REQUESTED
WAYNE MCDEVITT
SECRETARY
DONNA D. MOFFITT
DIRECTOR
November 23, 1998
Dear Mr. Matthews,
I am writing to you with regard to the General Permit issued in your name and the name of
your contractor, Mike Noe. This permit, #021066-C was issued on 11/03/98, for the
construction of a boatlift into an artificially created canal. The issuance of a General Permit
is predicated on the assumption of ownership of the waterfront property by the applicant,
which affords him "riparian rights", or that the applicant is acting as the authorized agent of
the riparian property owner. The Attorney General's office has advised our division that
riparian property rights are afforded to the property owner, and cannot be transferred. Recent
information has come to light that indicates that you are not the riparian property owner, and
were not acting as agent for the property owner in fact. I have corresponded with you on
two occasions since this information was brought to my attention, and with your contractor
once. You have admitted to having no title to the property, but rather, easement rights. As
such, you are not afforded the right to construct into the public trust area adjacent to the
property. The General Permit was issued to you based on your property lines intersecting
the bulkhead, as represented on the submitted plat. As stated on the face of the permit, any
violation of the "application, site drawing and attached general and specifir
conditions ...... may cause the permit to be null and void." The misrepresentation of th6
property lines and ownership in this case negates the validity of this permit. As such, State
Permit #02I066-C is hereby considered NULL and VOID, and any development
accomplished under the permit is not legal.
Whether the boatlift will be allowed to remain in place will depend upon the property owner
and his permit for development within the affected basin. If the current owner chooses to
request a modification to his permit, #52-93, the request will be considered. If the
development is considered to be inconsistent with the appropriate use standards or the
conditions of his permit, or if he decides not to pursue a modification to the permit, then the
newly constructed boatlift will have to be removed.
If you have any questions, please feel free to call me.
Sincerely,
U�,
T. Barrett
MOREHEAD CITY OFFICE
HESTRON PLAZA II 151-9 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
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Permit No. G-10
• Print your name, address, and ZIP Code in this box •
NC DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA II, 151-B, HWY. 24
MOREHEAD CITY, NC 28557
[phone]

Coastal Management Representative
tjb
cc: Charles Jones, DCM
Ted Tyndall, DCM
Lloyd Wood, LPO
Jeff Richter, COE
Mike Noe
Robert Youngblood