10880_General Permit_19920918

a
Applicant Name
Address
1,I
CAMA AND
GENERAL
DREDGE AND F1
PERMIT
SEP 3 0 192
11tTo
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources an he as'faTmesources Commission
in an area of environmental concern pursuant to 15 NCAC "-/ E/ Lam'
Phone Number 6,o3 - ?,U 3 - <�— Y'S �R
City. �-1 F" State /Veld fie,m ig, rP Zip 3"Y
Project Location (County, State Road, Water Bodx, e c.) �� 4 �t !t a r Pay/ AA11 li✓ S -
K�1S{ vtiJ rl( eei_ - r,( G P",_1
Type of Project Activity
PROJECT DESCRIPTION SKETCH (SCALE: )
/
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore
t
Basin, channel dimensions < I t
J
cubic yards
Boat ramp dimensions r c+t
Other
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.
�1
applicant's signature
permit officer's signature
g �a
issuing dateIfexpiration date
attachments
In issuing this permit the State of North Carolina certifies that 4- co
this project is consistent with the North Carolina Coastal application fee
Management Program.

SATE o
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3411 Arendell Street • Morehead City, North Carolina 28557
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary September 22, 1992 Director
Mr. John M. Brown
P. O. Box 154
Glen, NH 03838
Dear Mr. Brown:
Attached is General Permit #C-10880 to construct a pier at Lot #48, Buccaneer Bay
West, on Kershaw Creek, in Oriental, Pamlico County, NC.
In order to validate this permit, please sign all three (3) copies as indicated. Retain the
white copy for your files and return the yellow and pink signed copies to us in the enclosed,
self-addressed envelope.
Your early attention to this matter would be appreciated.
WDN/dh
Enclosures
Sincerely,
W. David Noble
Field Representative
P.O. Box 769, Morehead City North Carolina 28557 Telephone 919-72G7021
An Equal Opportunity Affirmative Action Employer

0
{
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to the Brown's
property located at Lot 48 of Buccaneer Bay West Section 2
on Kershaw Creek in Pamlico County, North Carolina. The
proposal has been described to me as shown below; the
development, a pier, and the proposed location, and I have
no objections to the proposal. I understand that if the
development is a pier, it must be set back a minimum distance
of 15 feet from my area of riparian access unless waived by me.
I do / do no j wish to waive that setback requirement.
(circ ne
***************************************************************
Description and/or drawing of proposed development:
SEE ATTACHED DRAWING DATED 22 MAY 1992
SEP 1 8 1992
***************************************************************
� 42
P,7t'opArty Owner's Signature
Property Owner's Name (please print)
ate

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to the Brown's
property located at Lot 48 of Buccaneer Bay West Section 2
on Kershaw Creek in Pamlico County, North Carolina. The
proposal has been described to me as shown below; the
development, a pier, and the proposed location, and I have
no objections to the proposal. I understand that if the
development is a pier, it must be set back a minimum distance
of 15 feet from my area of riparian access unless waived by me.
I d� / do not wish to waive that setback requirement.
(circle one)
***************************************************************
Description and/or drawing of proposed development:
SEE ATTACHED DRAWING DATED 22 MAY 1992
Property Owner's Sign ur
C" L)c-,"/ / nacan%YeV
Property Owner's Nam (pl ase print
Date
1171
LJUN 2 11992 ;1 jj�'�
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JUN 3 0 1992

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J. Mele
P.O. Box 733
Oriental , N.C. 28571
Fo J
Mai` Cassact
DAVID NOBLE
P.O. Box 769
Morehead City, N.C. 28557
I I IIIIII I I I I I I I I I I I I I I I I{ I I I I I I I III I I I I I I II II I I I I I I I I I I I I I I I I I I I I I I II

IMPORTANT
To
Date Time
WHILE YOU WERE OUT
M
of
Phone 6 03 3?3 6 ys E
AREA CODE
NUMBER EXTENSION
Message
Signed
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
�v �� Printed on Recycled Paper

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
3411 Arendell Street • Morehead City, North Carolina 28557
June 22. 1990
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. John M. Brown
P. 0. Box 154
Glen, NH 03838
Dear Mr. Brown:
George T. Everett
Director
We received your CAMA Major Permit Application on June 14, 1990. Your
application is considered incomplete. The application is incomplete for
the following reasons:
1. The existing Buccaneer Bay Marina pier should be shown on your
drawing since part of the marina pier is within your area of
riparian access.
2. In order to better locate the correct areas of riparian rights, the
drawing should also include additional shoreline upstream and
downstream of your lot, and also, locate the opposite shoreline.
The centerline of the creek (or deep water) should also be surveyed and
shown on your drawing to accurately depict your riparian rights.
As presently proposed, it appears that your project may infringe upon Mr.
Joe Mele's riparian rights. Due to this apparent encroachment, it is
unlikely that a LAMA Major Permit would be granted for construction of
the proposed pier.
Your application is considered as "incomplete" and I am returning it.
The application will not be processed until the additional information is
provided.
If you have any questions, please feel free to contact me at my Morehead
City office, 919/726-7021.
sincerely,
W. David Noble
WDN/dh Field Representative
Enclosures
cc: Bernice Nobles, Oriental Realty
Gene Broughton
Box 769, Morehead City, North Carolina 28557 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

I
/12 February'1991
Bernice Nobles
Oriental Realty
P.O. Box 464
Oriental, North
Dear Bernice:
& Associates, Inc.
Carolina 28571
FEB 2 0 1991
I have been giving the matter of John Brown's dock a lot of thought, and
have decided that I will not sign the Adjacent Riparian Property Owner
Statement, which would indicate that I have no objections to the
proposed dock location.
I am enclosing a drawing which shows my lot and house location, Mr.
Brown's lot and proposed dock location, and the Buccaneer Bay West
community park and boat dock. As you know, riparian lines for the
purpose of CAMA permits are perpendicular to the navigable channel. The
"assumed riparian lines" on the drawing are perpendicular to the
community dock, based on the assumption that the dock was built parallel
to the channel.
The drawing clearly shows that the proposed location of Mr. Brown's dock
does not respect the riparian line. CAMA requires that the dock be 15'
from the riparian line unless I waive that setback requirement. I do
not waive the setback requirement. The dashed lines on the drawing show
where Mr. Brown's dock would have to be located in order to comply with
the 15' setback requirement. The problem with this location is that Mr.
Brown's dock would interfere with the community dock.
The drawing also clearly shows that the community dock does not respect
the riparian line. In fact, if the community dock were to comply with
the 15' setback requirement, it would have to be 75' shorter. My
conclusion is that the problem Mr. Brown is having finding a suitable
location for his dock has to do with the violation by the community dock
of his riparian rights. This has nothing to do with me.
I do not want to keep Mr. Brown from having a dock at his property. As
you said, everyone on the waterfront wants a pier for his boat. However
I will not give up my rights in order for Mr. Brown to have a dock that
does not interfere with the community dock. I think you and Mr. Brown
will have to work this out between yourselves.
I have no objection to signing an Adjacent Riparian Property Owner
Statement concerning the location of Mr. Brown's house beyond the 75'
CAMA setback line. However the statement that you have sent me for my
signature indicates that the statement is for a pier as well as a
structure. If you will send a statement that is clearly for the
structure only, I will be happy to sign it.
Sincerely,
(/'cc: David Noble
John M. Brown

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kRED BY
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:VS AT LAW
]RO. N. C.
3515
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NORTH CAROLINA
PAMLICO COUNTY
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' 90 AN 10 Pik 2
JOYCE E. CARAWAN
REGISTER OF DEEDS
PAMLICI COUNTY, N. C.
THIS DEED, made and entered into this 20th day of
December, 1989, by and between DORIS H. MURPHREY, widow, and
DORIS H. MURPHREY, Executrix of the Estate of L. L. Murphrey,
deceased, hereinafter called "grantor", and JOHN M. BROWN and
wife, SANDRA J. BROWN, Post Office Box 154, Glen, New Hampshire
03838, hereinafter called "grantees";
W I T N E S S E T H:
That grantor, for and in consideration of the sum of
ten dollars and other good -and valuable considerations to her in
hand paid, the receipt of which is hereby acknowledged, has
bargained and sold, and by these presents does bargain, sell and
convey to the said John M. Brown and wife Sandra J. Brown, and
their heirs and assigns, a certain lot or parcel of land in
Number Two (2) Township, Pamlico County, North Carolina,
particularly described as follows:
Lot Numbered Forty -Eight (48) as shown on the map
entitled "BUCCANEER BAY WEST -SECTION TWO" prepared by
Herbert J. Nobles, Jr., RLS, dated October 15, 1986
and recorded in Plat Cabinet A, Slide 25-7, Pamlico
County Registry.
EXCEPTING the encroachment, if any, of the pier
located in Kershaw Creek and extending into the creek
from the lands located immediately westward of said
Lot 48, as shown on the survey map by Herbert J.
Nobles, Jr., RLS, attached hereto and incorporated
herein by reference.
Said lot is subject to Restrictive Covenants dated
December 12, 1986 and recorded in Book 243 at page
17, Pamlico County Registry.
Grantees by their acceptance of this deed acknowledge
receipt of a copy of the Restrictive Covenants
hereinabove referred to and of a copy of the
Declaration For Road Maintenance and Street
Disclosure Statement which is recorded in Book 251 at
page 612, Pamlico County Registry, and they accept
the obligation to contribute to the maintenance of
the streets in the subdivision as set forth in said
Declaration For Road Maintenance and Street
Disclosure Statement.
EXCEPTING all utility easements of record.
TO HAVE AND TO HOLD the aforesaid lot or parcel of
land, together with all privileges and appurtenances thereunto
belonging, to the said John M. Brown and wife, Sandra J. Brown,
and their heirs and assigns, in fee simple forever.
-. J

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:... ... ,,, �',.�, ..mot rK�i� �{;h t.,���; • f;;.
,,� �., .. • .i^Y /Y�� 50 ear `gyp
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BOOK 265 rnf 120
And grantor, for herself, her executors and adminis-
trators, covenants with grantees and their heirs and assigns,
that she is seized of said premises in fee; that she has a
perfect right to convey the same in fee simple; that the same
are free and clear of all encumbrances whatsoever, except those
hereinabove stated; and that she will warrant and defend the
title to the same against the lawful claims of all persons
whomsoever.
IN TESTIMONY WHEREOF, grantor has hereunto set her hand
and adopted as her seal the typewritten word "SEAL" appearing
beside her name, the day and year first above written.
i «t )
ores H. Murphrey
(SEAL)
Doris H. Mur ey
Executrix of the Estate of
L. L. Murphrey, deceased
NORTH CAROLINA
COUNTY OF Cre-cn e-
rt
,tea Notary Public in
and for said county and state, ertify that DORIS H. MURPHREY,
widow, and DORIS H. MURPHREY, Executrix of the Estate of L. L.
Murphrey, deceased, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal/stamp, this -�oi-� day
of pecembcr 1989.
n
Notary Publi
My commission expires:
i
PREPARED BY
CLOWEL.L G HOLLOWELL
ATTORNEYS AT LAW
BAYBORO, N. C.
28515

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%Rm BY
G HOLLOwELL
:YS AT LAW
)RO, N. C.
351E
BOOK BUJ FACE 121 1='.
NORTH CAROLINA
PAMLICO COUNTY
The foregoing certific e of ,
a Notary Public in and for � County. North Carolina
is certified to be correct.
F- ofDeeds
BY:
Assistant Register of Deeds

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W" FALCONER, AFK-'HrMCT, P. A.
P. O. Box as
FIRST AVENUE AND NEUSE STREET
ORIENTAL, NC 28571
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RUDD FALCONER, ARCHITECT, P.A.
8 March 1990
Mr. David Noble
CAMA Officer
Division of Coastal Management
PO Box 769
Morehead City
NC 28557.
Dear Mr. Noble:
First Avenue and Neuse Street
Post Office Box 89
Oriental, North Carolina
28571
919-249-1858
E
1 31990
r.r.�..+..� wr � «wirurrrrati�lr
My client, Mr. Joel Mele, Lot 47, Buccaneer Bay West, Oriental, has received
an Adjacent Riparian Property Owner Statement from Mr. John M. Brown, his
neighbor on Lot 48. Mr. Brown has proposed the construction of a 160-foot
dock. Mr. Mele objects to the proposed dock location and length. I have
prepared the enclosed drawing which shows the dock as proposed by Mr. Brown,
and a suggested alternative location.
This drawing was sent to Mr. Brown for consideration, and is sent to CAMA
for information and reference.
Sincerely yours,
Rudd Falconer. }�
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I hereby ccrLir --.....�_--------------------
Y that x owtt property ad}acenL to
l o c o x? r L ✓O/IN Al ©ROWN
Ir [ y loc7L-ed at—1,nt ' fi 98 Bu Is
n.eer _gay W__ Section 2
Creek (lot•, bloc)c, load, elc,
(body of water) III Oriental
t'.�rllt C��t:ol.l.lta it► I)nllllico CouttL•y. '17tt, pro --
posal has beep ctes�ribed to me as sllowtt I I
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t !rr(Jt.[ut131tf tlislltttcc bl'';L'; fc�eL fran illy area of t:llr�tJ:,ifut to wulvt1ccesa
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JOEL MELE
180 SEQUAMS LANE CTR.
WEST ISLIP, NY 11795
516-587-7945
June 19, 1990
Mr. David Noble
NC Office of Coastal Management
Marine Fisheries Building
.C.O. Box 769
Morehead City, NC 29557
Dear Mr. Noble:
P.O. BOX 733
ORIENTAL, NC 28571
919-249-2344
JUN 2 9 1990
^►- -- -- . - r-N�r
Several weeks ago I received a copy of an application for a
Major CAMA Permit by Oriental Realty on behalf of landowner
John M. Brown, Lot 48 in Buccaneer Bay West. The subject of
the application is the construction of a dock toward the south
side of Lot 48, which adjoins the lot on which I have just
built a house.
I understand that, as of 14 June, the application had not been
received by your office. I also understand that your office
cannot initiate a public advertisement until the application
has been received, and that the 30-day period for submitting an
objection to the proposal does not start until the publication
of the advertisement in the Pamlico County News.
I am, however, deeply concerned about the proposal which, I
believe, would violate my riparian rights and adversely affect
the use and enjoyment of my property, since the proposed loca-
tion would place the dock directly in front of my house. For
this reason, although it may ne premature, I am writing at tills
time to record my objection to the project as proposed. I would
appreciate it if you would keep this letter on file, and advise
me and/or my architect, Mr. Rudd Falconer of Oriental, of any
further action necessary on my part to obtain full consideration
of the problem and possible alternative solutions.
Thank you for your attention to this matter.
incerely,
/oel Mele

rj
Mr. Joel Mele
180 Sequams Lane Center
West Islip
Long Island, N.Y. 11795
Mr. David Noble
Corp of Engineers
Coastal Management Marine
P.O. Box 769
Morehead City, N. C. 28557
Dear Mr. Mele and Mr. Noble:
John M. Brown
P.O. Box 154
Glen, N.H. 03838
May 1, 1992
EMA
�r7
o 5 1992
With reference to my letter of January 31, 1992, this is
to confirm my recent telephone conversation that the three
of us plan to meet:
At the Mele's home, Bucaneer Bay West, Oriental
On May 22, 1992
At 9: 30 A. M.
to discuss propoals for the location of the Brown's pier off
Lot #48.
See you then.
Sincerely,
� /ice/ • �G'J/'�r �`'1-r.�
John M. Brown
cc: Mr. Claude Spillman

# F E B 0 5 1992 '
Mr. Joel Mele
180 Sequams Lane Center
West Islip
Long Island, N.Y. 11795
Dear Mr. Joel:
John M. Brown
P.O. Box 154
Glen, N.H. 03838
January 31, 1992
I enjoyed talking with you last Monday evening.
About an hour later, I had chest pains and was rushed to the
hospital by ambulance. It turned out not to be a heart attack, but
virus in my lungs which was very painful for a couple of days. After
many tests, and some rest, I came home yesterday. There was a slight
indication of pneumonia, so I'm on medication and rest for a few days.
This explains the delay in sending my approval top your architech.
A few minutes ago I talked to Mr. David Noble, Corps of Engineers,
in regard to our getting together at the site to discuss proposals for
my pier. He thought that was a great idea and he suggested that he be
there also; and when we come up with an agreement, we can all sign
right there and thereby complete the approval process. Therefore, I
will coordinate a date for each of us early this spring.
If you don't mind waiting to build your pier, I suggest that when I
have approval, we have them both built at the same time and perhaps
save some on the constructuion costs by having two built at the same
time.
I will be in contact with you later this winter to plan a time we
can meet at the site with Mr. David Noble.
Sincerely,
John M. Brown
cc: Mr. David Noble
Mr. Claude Spillman

20 January 1992
Mr. David Noble
Division of Marine Fisheries
P.O. Box 769
Morehead City, NC
28557
Dear David:
LORENZ & FALCONER
Architects, PA.
First Avenue and Neuse Street
Post Office Box 89
Oriental, North Carolina
28571
919-249-1858
JEAN
't`
AAN 2 21992
�G ..art• 1
..�nwvrrrvrJJtliP
Enclosed is a drawing which shows a new proposed location for the Mele
dock in Buccaneer Bay West. I am sending drawings and statements to Mr.
Brown and Mrs. Murphrey today as well. I will let you know what
response I get.
Mr. Mele received a letter from Mr. BroT•m recently, proposing once again
that Joel agree to Brown's dock location in front of his (Joel's) house.
Joel does not agree to this proposal.
Sincerely,
el��
Jill Lorenz

4� DL� IS - MU2PTA �-'l
4� JoNN M, I�2ovrJ
1-nLA"iI�-IiTom' F-)Ai-)�-
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f 13o' 70 5' W47E2- DEPTH
FPO-
\ JAN 2 2 1992
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PP--oPOS E D QOC-,4 - H E LE_ POPE. -T
20 JANUAQY � qcj 2

LORENZ & FALCONER
Architects, P.A.
Pin �! , ~ First Avenue and Neuse Street
O Post Office Box 89
OCT 0 1 1991 "k Oriental, North Carolina
IL-13%Z2U U 0 MID 28571
919-249-185 8
30 September 1991
Mr. David Noble
Division of Coastal Management
P.O. Box 769
Morehead City
NC 28557
Dear David:
Here is a copy of the drawing of the proposed Mele dock, as
well as a letter I received today from Mr. Brown. He does
exist! Maybe we can get this thing worked. out.
Sincerely,
Jill Lorenz

I nl OCT 01 1991
IJUTU UUM[J Mr. and Mrs. John M. Brown
P. O. BOX 154
Glen, N.H. 03838
September 27, 1991
Ms Jill Lorenz
Lorenz & Falconer Archtects, P.A.
First Avenue And Neuse Street
Post Office Box 89
Oriental, N.C. 28571
Dear Ms Lorenz:
This is in reply to your letter of September 20, 1991 with enclosures.
We are sorry, but we cannot agree with the proposed site plan showing
the location of the Mele's pier. At his request, we have sent the form
so indicating, to Mr. Claude Spillman, Chief Building Inspector. With
it, we have stated the reasons why we cannot agree, with a suggestion
that we could agree to.
We trust that Mr. Spillman can work out an arrangement that will be
satisfactory to both the Meles and the Browns.
Sincerely,
�V
John M. rown and Sandra .J. B own
c- Mr, Claude ^I,ellnan

September 30, 1991
Division of Marine Fisheries
Cama Office, David Nobles
P O Box 769
Morehead City, NC 28557
Dear David:
OCT 0 2 1991
As the owner of Buccaneer Bay West, and lot #46 on Murphrey
Blvd, I strongly object to the location of Mr. Joel Mele's pro-
posed pier out into Kershaw Creek. With Mr. Mele having 450 ft.
of waterfront to locate a piers I don't understand why he wants
to locate the pier in front of lot #48, his neighbor John Brown.
Please keep me informed as to any action, if any I need to
take.
Sincerely,
* gp6�
Doris H. Murphrey
CC: Claude Spellman

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34CAES MINIMUM BUILDING SE,
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OWNER: DORIS MURPHRE`
---------------------- RT. R T. 1 BOX 242
FARMViLLE N• C

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Mr.and Mrs. John M. Brown
P.O. Box 154
Glen, N. H. 03838
September 27, 1991
Ms Jill Lorenz
Lorenz & Falconer Archtects, P. A.
First Avenue And Neuse Street
Post Office Box 89
Oriental, N. C. 28571
Dear Ms Lorenz:
This is in reply to your letter of September 20, 1991 with enclosures.
We are sorry, but we cannot agree with the proposed site plan showing
the location of the Mele's pier. At his request, we have sent the form
so indicating, to Mr. Claude Spillman, Chief Building Inspector. With
it, we have stated the reasons why we cannot agree, with a suggestion
that we could agree to.
We trust that Mr. Spillman can work out an arrangement that will be
satisfactory to both the Meles and the Browns.
Sincerely,
John M. Brown and Sandra J. Brown
cc: Mr. Claude Spellman

y
Mr. Claude Spillman
Chief' Building Inspector
Box 776
Court House
Bayboro, N.C. 28515
Dear Mr. ,Spillman:
Mr. and Mrs, John X, Brown
P.O. Box 154
Glen, N. H. 03838
September 27, 1991
Reference: Joel and Christine Mele's
request for our approval of
their application for a CMA
permit to build a pier.
This will comfirm our telephone conversation of this morning in which
I told you that we cannot approve the referenced application. As you
requested, I have enclosed the form, so indicating and signed by both
of us.
We cannot agree to it for the following reasons:
1. The proposed pier crosses the actual riparian line as we
understand its location in accordance with information we have
from Mr. Josh Nobles, Registered Land Surveyor. We can see no
basis for locating it as they have "assumed" its location.
2. The proposed pier crosses the extension of the property line
between the Brown's lot and the Mele's lot.
3. The proposed pier interferes with the location of our proposed
pier, which we believe can be kept on the Brown's side of the
actual riparian line and the extension of the property line, and
not interfere with the existing pier. Please see enclosed sketch
dated Sept. 10, 1990.
Regardless of restrictions, we will be willing to consider waiving any
restrictions that we are permitted to waive in order to satisfy both
the Meles and the Browns. I think you will agree that this is certain-
ly possible considering the shore line available. For instance, if the
Mele's pier is moved down stream about 50 feet, (at least at the outer
end), although it would cross the extension of our property line,
there would be space remaining for the Brown's pier without interfer-
ing with the existing pier. We could agree to such an arrangement.
Please let us know if there is anything we can do to help arrive at a
satisfactory arrangement to both the Browns and the Meles.
Sincerely,
John M. Brown and Sandra J. Brown
Enclosures
SEP 9 0 1991
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Mr. Joel Mete
180 Sequams Lane
West Islip
Long Island, N.Y.
Dear Mr. Mele:
Center
11795
F 'I
DEC 2 ig91
John M. Brown
P.O. Box 154
Glen, N.H. 03838
December 18, 1991
I recently talked to Mr. David Noble, Corps of Engineers and Mr.
Claude Spillman, Chief Building Inspector in regard to the status of
our applications for CAMA permits to build piers off our lots in
Buccaneer Bay West, Section 2. After my discussions and referring to
my suggestions of last September, it appears that our applications
could remain on dead center until the Meles and the Browns come up
with a suggestion satisfactory to both parties, themselves. This
letter is an attempt to promote such a proposal.
First, I would like to state what I understand to be the facts of the
case:
1. Unless a property owner has the approval of his neighbor, his
pier must be located within a 15 ft. set back from the riparian
line between the two properties.
2. The riparian line runs from the end of the property line at the
water's edge, into the creek perpendicular to the centerline
of the navigable channel.
3. According to Mr. Noble, no one knows the exact location of the
riparian line between our two lots. It will take several
thousand dollars for the necessary survey, and if we each hire
a surveyor, they will probably come up with two different
locations. The existing community marina may or may not be
parallel to the centerline of the channel.
4. The existing marina is legal, (although it obviously extends
over a roughly estimated riparian line on the other side of our
lot #48), since it was aproved by the required authorities.
5. I would prefer that our piers be located within the extension
of our common property line.
6. I need at least five feet in depth. To obtain this depth,
soundings taken earlier this year indicate that my pier must
extend into the creek about as far as the inside edge of the
existing marina.

Page 2.
If I start my pier at a 20' set back from our common property line and
extend it slightly beyond the PVC pipe now in the creek, and if I moor
my boat on the marina side, approximately 35' feet will be available
between the end of the marina and my mooring pile for other boats to
pass through. I believe this will satisfy Mr. Noble and Mr. Spillman
to meet the requirement that it does not obstruct navigation. Please
see enclosed sketch.
I recognize that this does not leave room for the outboard end of your
desired location; however, either by moving your pier downstream in
total, or just the outboard end, sufficient space could be provided.
In my opinion, if our piers were more nearly parallel to each other,
it would be a more attractive set up. I recognize that this arrange-
ment means that your pier will cross over the extension of our common
property line. Considering the situation, I am willing to accept this.
I will be pleased to consider any suggestions you may have. Also,
others receiving copies of this letter may have comments. Please let
us know.
S'ric ly,
21, / / =�'_----
John M. Brown
c: Mr. Claude Spillman
.Mr. David Noble
Mrs. Bernice Nobles

ASCALE,- /" = 20'
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5
Dtc2 "1991