45215_WESTPHAL, EARL_20060510

❑LAMA / ❑ DREDGE & FILL
GENERAL PERMIT
Previous permit #
El New ❑Modification ❑Complete Reissue
El Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
_-
❑ Rules attached.
Applicant Name ° /
Project Location: County
Address
Street Address/ State Road/ Lot #(s)
'� r .� c 2 r�.-P o�ei'' Stater ' '- ZIP
City
�- 3-"-
Phone # ( ) . Fax # ( )
Subdivision
Authorized Agent
City ZIP
❑CW ❑EW ❑PTA El ES ❑PTS
Phone # ( ) River Basin
( �c
Affected ❑ OEA ElHHF ❑ IH ElUBA El N/A
AEC(s):
e
Adj. Wtr. Body/man
/unkn)
❑ PWS: ❑ FC:
> ri
Closest Maj. Wtr. Body
ORW: yes / no PNA yes / no Crit. Hab.
yes I no
`
Type of Project/ Activity
Pier (dock) length
I
Platform(s) !
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore L
i i
Basin, channel
cubic yards
Boat ramp ! ! L
t
'
-1--,
I' r
Boathouse/ Boatlift
i
Beach Bulldozing
i
Other
v
i
Shoreline Length—
SAM not sure yes no
Sandbags: not sure yes no
-
Moratorium: n/a yes no
Photos: yes no
Waiver Attached: yes no -
- -- --- - --- - -
A building permit may be required by:
Notes/ Special Conditions
I
1. MAY 1 0 2006
Agent or Applicant Printed Nape
Signature Please read compliance statement on ack o pe it
Application Fee(s) Check #
(Scale: `'✓ , / )
[See note on back regarding River Basin rules.
Permit Officer's Signature
Issuing Date
Expiration Date
Local Planning Jurisdiction
Rover File Name

Statement of Compliance and Consistency
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 or criminal or civil action; and may cause the permit to become
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 I) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑I Tar - Pamlico River Basin Buffer Rules ❑ Other:
Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-796-7215) for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District
Mailing Address: 1367 U.S. 17 South
1638 Mail Service Center Elizabeth City, NC 27909
Raleigh, NC 27699-1638 252-264-3901
Location: Fax: [phone]
Parker -Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Morehead City District
400 Commerce Ave
Morehead City, NC 28557
202-808-2808/ 1-888-4RCOAST
Fax: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 06/29/05

' INNERBANKS MARINE CONSTRUCTION INC.
�BX
PO BOX 190 ORIENTAL, NC. 28571
OFFICE [phone] FAX [phone]
EMAIL [e-mail]
www.innerbanks.biz
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(FOR A PM MOORING PHUNGS/BOAMUTBOATHOUSE)
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hereby certify that I own property adjacent to c, ,4 t_ ; j� -, �� ; s
(Name of Property Owner)
property located at - - -
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(Loi, BIock, Road, etc.)
on r26E V . N.C.
(Waterbody) (Town and/or County)
lie has des,cribed to me, as shown below, the development he is proposing at that
location, and, I have no objections to bis prnposaL I understand that a piedmooring
pilmgs/boaflit'ilboathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback req�rirement.
I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVEILOPAiM:
(To be failed in by individual proposing development)
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(FOR A PZERIMOOR17VG MUNGSBOATU BOAMOUSE)
I hereby certify that I own property adjacent to L.�.jc ,_ ; , i 's
(Name of Property Owner)
party located at
(Lot, Block, Road, etc.)
on 04QClnVV:) C(2 6t u , in , � E711� j P I , N.C.
(Waterbody) (Town and/ot' County)
He has described to me, as shown below, the development he is proposing at that
location, and, I have no objections to his proposal. I understand that a pierlmooring
pdings/boadift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOP'1i� ENM
(To be , f IIed in by individual proposing development)
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Print or Type Name
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Telephone Number
Date: %%.�- 2

Henry S. Cowell, III
P O BOX 884
1148 Orchard Creek Road
Oriental, NC 28571
[phone]
Date: November 6, 2005
Mr. Stephen Lane
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Via Certified US Mail
Dear Stephen,
,")A
NOV 0 8 2005
Morehead City DCM
Thank you for taking my call this morning regarding objections to the Westphal's plans for
construction of a pier adjacent to the above property. As promised, I am following up our
conversation with a letter, both in compliance with Rule 15A NCAC 07H .1202.
My fiance, Carolyn E. Dressler and I stridently object to the proposed construction of a pier on
the property adjacent to ours. On Saturday, October 29, 2005, we received via certified mail,
notification by IBX on behalf of Mr. and Mrs. Westphal of 309 Peninsula Drive, Oriental, NC
28571, of their intention to construct a lengthy pier over an existing marsh and into the water in
front of the marsh, on the south side of their property. We object to the project, as proposed, for
numerous reasons and request denial of a permit. Our opposition falls into three general
categories, administrative (rules), environmental, and safety and are not personal in nature. They
include but are not limited to the following, which are listed in no particular order:
Administrative:
1). The plan is partially illegible and incomplete, preventing us from determining just exactly what
is proposed or what will be constructed and therefore not in compliance with Rule 15A NCAC
07H..1202 (a). Dimensions are missing and there are no reference points from which
measurements were made. Please see the enclosed notice. � G `
2). IBX, as agents for the Westphals, has not complied with Rule 15 NCAC 07H.1202 (b), (1) in
that they have not obtained confirmation that they have received a written statement signed by the
adjacent riparian property owners indicating that we have no objections. We do object to the
project and do not waive the set back requirement.
3). Likewise, IBX has not complied, as an alternative to part (b), (1) of the above rule, with part
(b), (2), in that they have not provided instructions for us to make comments on the proposed
developments in writing, nor have they supplied any contact information. b
4). We believe the proposed pier violates the "pier line" set forth in Rule 15A NCAC 07H .1205
(b), given existing adjacent piers. The lack of clarity in the drawing provided by IBX, makes it
impossible to determine compliance or lack thereof. 0

HSC/CAMA (cont.)
Page 2
5). We have plans to do one of three things to our existing dock which is located on the south
side of our property. Two alternatives would effect the length of the pier proposed by IBX for
the Westphalls. Our preferred option, is to remove our pier entirely and replace it with a new
wood piling/concrete decking pier on the east side of our property. Doing this would shorten the
"pier line", thus shortening the allowable length of the Westphall's proposed pier, in keeping with
the rule in item 4 above. Our second alternative is to extend our existing pier which would allow
some increase in the pier line, and again impact the Westphal's design. Extension is not as
desirable as relocation, for environmental, navigation, and safety reasons. Our final option is to
do nothing with our existing pier, which is least likely or desirable. Of course, we would notify
our neighboring property owners as required and submit plans to your agency for approval.
6). On a small matter, we believe the proposed pier, as is ours, is located on Brite's creek, not on
Orchard Creek as stated in the notice.
Environmental:
7). The proposed 120 foot crossing of a sensitive marsh is contradictory to what we perceive as
the intent of the mission of the Division of Coastal Management and other organizations chartered
to protect our waters and wet lands.
8). Our objection is particularly applicable because there is a viable alternative which would
reduce the distance traversed over marsh lands by ninety (90) percent, eliminate all but a very
short crossing of marsh lands, provide equal access on stable high ground, and reduce exposure of
treated timbers to sensitive waters. Simply put, there is no need to build across this marsh, when
there is an environmentally and safety conscious alternative.
9). Because we are sensitive to environmental and safety needs, and because we don't know the
best methods to provide for our needs in concert with our desires to protect our surroundings, we
have sought technical expertise, design assistance and discussed grant assistance from the North
Carolina Coastal Federation. We will need your help also. We want to make several
improvements to the water front. One improvement is the pier relocation to the east side of our
property, mentioned above. We believe this plan would reduce the impact on the environment
and provide more resistance to storm damage as the width of Brite's Creek at that point is only
about 400 ft with mature woods on the far side. Not much fetch, not much wave height.
Additionally, after speaking with members of the North Carolina Coastal Federation, we learned
that installing rip rap instead of replacing/repairing the south facing bulkhead, would offer more
effective resistance against storm damage and allow for specie migration. We also want to
eliminate erosion, restore lost marsh land, nurture existing ones, and encourage water fowl and
avian life. In conjunction with the efforts of the Oyster Gardner folks to improve the quality of
coastal waters, we hope to cultivate an oyster nursery.
10). We have lived here for only two years, yet have seen the nearby marshes play a pivotal role in
the protection of marine species, spawning of shell fish, and provision of sheltered nesting sites for
several types of birds. We believe that any intrusion into this area would be harmful to marine and
avian life, especially given a.k20 foot crossing.

. HSC/CAMA (cont.)
Page 3
Safety:
11). During the short time we have lived here, and according to the former owners Mr. and Mrs.
Fred May who lived here for twenty three years, the marshes have provided protection during
hurricanes to this house, as well as the lot now owned by the Westphals, and the adjoining
property to the south west. The two most recent hurricanes, Isabel and Ophelia, flooded homes
and property throughout this area. As flood waters receded, we could see that areas of the water
front that were not protected by marsh grass suffered significant erosion and damage. The areas
in front of the marshes, however, did not.
We believe that the construction of the Westphal's pier, as proposed, would be a direct threat to
the health of the marsh, shoreline erosion, marine life, avian life, and the protection of at least
three properties, and as such would violate Rule 15A NCAC 07H .1204 (d).
Therefore, we respectfully request that you disallow the proposed project and further issue an
injunction for 180 days to allow us to get expert advice in developing project plans that would
benefit the marshlands and public water ways, the outcome of which may effect the design of the
Westphal's pier project.
We look forward to a favorable response. Thank you for your consideration.
Sincere ,
enry S. owell, III
Carolyn . Dressler

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P.O. BOX 190 PH. 252 249 1429
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66-30/531
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Ai-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, director William G. Ross Jr., Secretary
Mr. Henry S. Cowell, III May 12, 2006
PO Box 884
Oriental, NC 28571
Dear Mr. Cowell:
This coirrespondence is in reference.to your November 6, 2005 letter of objection to the pier
proposal of Mr. Earl Westphail, adjacent to Bright Creek, located at 309 Peninsula Drive;
Oriental, Pamlico..County, NC. The applicant's proposal was for a 120' pier to a 9' x 31' dock,
with 5 mooring pilings.
My understanding is that Stephen Lane has relieved your concerns regarding items 1-6 of your
letter. It appears that the remainder of your concerns, items 7-11, deal with the environmental
impacts of the proposed development. The General Permit process that allows for the type of
development proposed by Mr. Westphail is predicated upon the environmental impacts being
insignificant to the point that the review agencies have "pre -approved" this permit process. Any
proposal with more impacts than allowed under the General Permit process must undergo the
review of 14 federal and state agencies.
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 #45215-C to
Mr. Earl Westphail on May 10, 2006, authorizing the pier and dock as proposed. Relocation of
the pier as you requested would have had the added impact of necessitating the removal of trees,
possibly destabilizing the shoreline, and impacting the adjacent property owner to the west.
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. Charles S. Jones, 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
Stephen Lane, Field Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper