49006_MOORE, JEFFREY_20070607

1D4
CAMA / ❑DREDGE & FILLs�EI\IERAL PERMI�"' Previous permit #
Neal ❑Modification ❑Complete Reissue ❑Partia Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and ural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
DRules attached.
Applicant Name _i t /�' %r Project Location: County
Address f Street Address/ State Road/ Lot #(s)
City l-•1 �.j State;r,/ ( ZIP
Phone # O C Fax # O Subdivision
Authorized Agent City '1 i i ZIP-Jt;-' �)
❑ CW ❑ EW [I PTA ES PTS Phone # ( ) River Basin L I' r�
Affected
ElAEC(s): oEA ElHHF ❑ IH ElUBA ❑ N/A Adj. Wtr. Body (nat /man /unkn)
i ❑ PWS: El FC:
ORW: ves / no PNA ves / no Crit.Hab. yes / no
Closest Maj. Wtr. Body k
Type of Project/ Activity rj
Pier (dock) length
Platform(s)
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore t
max distance offshore
Basin, channel 1
cubic yards u j
Boat ramp
Boathouse/ Boatlift j
Beach Bulldozing
Other , ` l , 1 /1
Shoreline Length
SAV: not sure yes �(io
Sandbags: not sure yes ( o f
Moratorium: n/a yesiio
Photos: yes ;'no
Waiver Attached: yes no
i
A building permit may be required by:
Notes/ Special Conditions
Agent or Applicant Printed Name
X
(Scale: 1(-, T � )
Ili E
❑ See note on back regarding River Basin rules.
Permit Officer's Signature
Signature ** Please read compliance statement on back of permit **
Application Fee(s) Check #
Issuing bat Expi6tion Date
Local Planning Jurisdiction Rover File Name

i
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 1) 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
Iandowner(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:
❑ 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
Raleigh Office
Mailing Address:
1638 Mail Service Center
Raleigh, NC 27699-1638
Location:
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax:[phone]
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-888-4RCOAST
Fax: [phone]
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
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 08/09/06

VeY
Specifications for MOORE project (Revised 5-25-2007)
103 Webb Drive
Morehead City, N.C. 28557{
Jeffrey K. Moore Mi. r tj
Kyra L. Moore
General:
1) The existing dockage at the south property line of the Moore Property has been
damaged beyond repair by multiple storms. The original dock was 8 ft. wide and
80 ft. long, generally oriented along the water line. Some piles remain.
2) There is also a persistent problem of erosion of soil into the sound both with and
without storm activity that is not adequately controlled by the existing Rip -Rap
barrier.
3) The proposed improvements include a "Vinyl Seawall" Bulkhead replacing a
portion of existing Rip -Rap, an excavated boat dockage inset to existing dry land,
a Boat Lift, and excavation sufficient for these purposes.
4) The total boat dockage capacity is 2.
5) There will be no interference with existing navigation channels
Bulkhead Specifications:
1) Necessary to stop persistent erosion of soil materials into sound and to protect
property from storm damage (not currently accomplished by existing Rip -Rap).
2) Will replace existing Rip -Rap barrier at south side of property. Excess stone to be
distributed along other areas of existing similar materials.
3) Aligned along Existing water line at mean high water.
4) Constructed of treated wood or concrete pilings, Sheet Vinyl or composite
seawall, marine grade fasteners, and treated wood or concrete cap. Dead -men or
other strengthening measures will be used as needed according to best
construction practices. No seepage -through wall will be accepted.
5) Height of wall will be +8.0 ft. MLW (approx. +5.0 ft. MHW).
Boat Lift Specifications:
1) Located within excavated inset.
2) Will not interfere with existing navigation channels.
3) 12-16,000 lb. capacity aluminum construction on treated wood or concrete
pilings.

e T
Excavation/Dredging Specifications:
1) Excavation of a portion of existing Rip -Rap will be necessary to construct
Bulkhead at existing water line. Excess stone materials will be distributed along
lines of other existing Rip -Rap.
2) Backfill will be with soil from upland sources.
3) Excavation for boat dockage area to average -5.0 MLW will comprise less than
300 cubic yards of material, including existing rip -rap material at mouth of inset.
4) Excavated materials will be deposited on subject property. If from excavation of
dry land area, it will be used as backfill for current project. Rip rap will be
distributed as needed on property. If there is any incidental material that would be
considered "dredge", it will be removed off -site.

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Specifications for MOORE project (Revised 5-25-2007)
103 Webb Drive -- 5rcavlckY w► v►e—I?)c,,-�I
Morehead City, N.C. 28557
Jeffrey K. Moore
Kyra L. Moore
General:
V)v. 7i In
`SAY 0[l7
MarphPao
1) The existing dockage at the south property line of the Moore Property has been
damaged beyond repair by multiple storms. The original dock was 8 ft. wide and
80 ft. long, generally oriented along the water line. Some piles remain.
2) There is also a persistent problem of erosion of soil into the sound both with and
without storm activity that is not adequately controlled by the existing Rip -Rap
barrier.
3) The proposed improvements include a "Vinyl Seawall" Bulkhead replacing a
portion of existing Rip -Rap, an excavated boat dockage. inset to existing dry land,
a Boat Lift, and excavation sufficient for these purposes.
4) The total boat dockage capacity is 2.
5) There will be no interference with existing navigation channels
Bulkhead Specifications:
1) Necessary to stop persistent erosion of soil materials into sound and to protect
property from storm damage (not currently accomplished by existing Rip -Rap).
2) Will replace existing Rip -Rap barrier at south side of property. Excess stone to be
distributed along other areas of existing similar materials.
3) Aligned along Existing water line at mean high water.
4) Constructed of treated wood or concrete pilings, Sheet Vinyl or composite
seawall, marine grade fasteners, and treated wood or concrete cap. Dead -men or
other strengthening measures will be used as needed according to best
construction practices. No seepage through wall will be accepted.
5) Height of wall will be +8.0 ft. MLW (approx. +5.0 ft. MHW).
Boat Lift Specifications:
l) Located within excavated inset.
2) Will not interfere with existing navigation channels.
3) 12-16,000 lb. capacity aluminum construction on treated wood or concrete
pilings.

Excavation/Dredging Specifications:
1) Excavation of a portion of existing Rip -Rap will be necessary to construct
Bulkhead at existing water line. Excess stone materials will be distributed along
lines of other existing Rip -Rap.
2) Backfill will be with soil from upland sources.
3) Excavation for boat dockage area to average -5.0 MLW will comprise less than
300 cubic yards of material, including existing rip -rap material at mouth of inset.
4) Excavated materials will be deposited on subject property. If from excavation of
dry land area, it will be used as backfill for current project. Rip rap will be
distributed as needed on property. If there is any incidental material that would be
considered "dredge", it will be removed off -site.

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1
Specifications for MOORE project
103 Webb Drive
Morehead City, N.C. 28557
25 Z-ZLC>— i& z8
Jeffrey K. Moore
Kyra L. Moore
General:
M
1) The existing dockage at the south property line of the Moore Property has been
damaged beyond repair by multiple storms. The original dock was 8 ft. wide and
80 ft. long, generally oriented along the water line. Some piles remain.
2) There is also a persistent problem of erosion of soil into the sound both with and
without storm activity that is not adequately controlled by the existing Rip -Rap
barrier.
3) The proposed improvements include a "Vinyl Seawall" Bulkhead replacing a
portion of existing Rip -Rap, a Pier extending to a Floating Deck/Wave
Attenuator, a Boat Lift, and dredging/excavation sufficient for these purposes.
4) Total deck area exclusive of piers will be less than 400 sq. ft.
5) The total boat dockage capacity is 2.
6) There will be no interference with existing navigation channels
Bulkhead Specifications:
1) Necessary to stop persistent erosion of soil materials into sound and to protect
property from storm damage (not currently accomplished by existing Rip -Rap).
2) Will replace existing Rip -Rap barrier at south side of property. Excess stone to be
distributed along other areas of existing similar materials.
3) Aligned along Existing water line.
4) Constructed of treated wood or concrete pilings, Sheet Vinyl seawall, marine
grade fasteners, and treated wood or concrete cap. Dead -men or other
strengthening measures will be used as needed according to best construction
practices. No seepage through wall will be accepted.
5) Height of wall will be +8.0 ft. MLW (approx. +5.0 ft. MHW).
Pier Specifications:
1) Will allow dockage of one boat at existing pile location.
2) Will travel from property to Floating Deck/Wave Attenuator.
3) Extending from southeast corner of property from corner of new bulkhead approx.
75 ft. in length and 6 ft. in width.
4) Aligned at a perpendicular to bulkhead and existing piles.
5) Height +8.0 ft. MLW (same height as bulkhead).
t

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t
6) Constructed of treated wood or concrete pilings, treated wood stringers, and wood
or composite decking.
7) Sand control breakwater along edge of pier as integral component of pier
structure. Constructed of treated wood and Sheet Vinyl seawall. Height +4.5 ft.
MLW (same as existing Marina breakwater).
Floating Deck/Wave Attenuator Specifications:
1) Attached to piles with appropriate hardware to allow variations of tide and
maximum resistance to storm damage.
2) Accessed by ramp or ladder from Pier.
3) Width 6 ft. Length approx 50 ft.
4) Wood, composite, or concrete decking surface.
Boat Lift Specifications:
1) Accessed from southwest side of property.
2) Minimum setback of 15 ft. from adjacent riparian property line.
3) Will not interfere with existing navigation channels.
4) Accessed by pier from property edge.
5) 10-12,000 lb. capacity aluminum construction on treated wood or concrete
pilings.
Excavation/Dredging Specifications:
1) Excavation of a portion of existing Rip -Rap will be necessary to construct
Bulkhead at existing water line. Excess stone materials will be distributed along
lines of other existing Rip -Rap.
2) Backfill will be with soil from upland sources.
3) Dredging for boat dockage area to average -5.0 MLW will comprise less than 300
cubic yards of material.
4) Dredging of Floating Deck/Wave Attenuator area to average -5.0 MLW will
comprise less than 200 cubic yards of material.
5) Spoils will be initially deposited on subject property. Once dried, the material will
be transported to an upland site.

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PROPOSED
IMPROVEMENTS
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PHASE -T
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PROPOSED
IMPROVEMENTS
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EXCAVATION
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DIN-I51UN OF COASTAL NNI N GEMENT
AI),IAf;'L T RTI'AR1A_'ti PEOl''Ll 'I"Y OWNER NOTIFICAf10stiA'irAB1—,R
FORM
Narne of individual applying for permit;,__
Address of property-,.
(Iot or stm;.et #, suers or roar!)
��or
(City & aunt
I hereby certify that Town property. adjacent to the above'referenced property. The
individual applying for this permit has described to me (as shown on the attached
drawing) the development they are -proposing. A description or drawing, with
dimensions, should be provided with this letter.
I have no objections to this proposal.
1f you have objections to what is being proposed, please write the Division of Coastal
Management, 400 Commerce Ave., Morehead City, NC 28557 or call (252) $08-2808
within 10 days of receipt of this notice. No response is considered the same as no
objection ifyou have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags
must be set back a minimum distance of 15' from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
'. 61.1 Ll L-wl� `--,,�, :) - &
Print Name
Telephone Number with Area Code

S �
�..•t',t\ 1l lt' 1�'..Ll lrt..`i.t.L, — twt', 1 tJ.C�! Y ltt;�..t,1x t ,['1.J',�lJLt7 t �:..lr
OIVISTOti OF COASTAL MA`; AGEV NT
ADJ ACE'T RIPARIAN PROPERTY OWNER NOTII:ICATIONAVAIVISR
I: OR-M
Pr I
`lame of individual applying for permit: ,� _ L 1` , Wit-._________
Address of property:103 \)Jgk✓_
(tot or str-..et 4, street or road)
1 hereby cerfify that I own property_ adjacent to the above'referenced property. The
individual applying for this permit has described to me (as shown on tiie attached
drawing) the development they are proposing. A description or drawing, with
dimensions, should be provided with this letter.
I have no obje tionsrr to this oposal.
If you have objections to what is being proposed, pp ease write the Di sion of Coastal
Management, 400 Commerce Ave., Morehead City, NC 28557 or call [phone]
within 10 days of receipt of this notice. No response is considered the same as no
objection if you have been notified.by Certified Mail,
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags
must be set back a minimum distance of 15' from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Signatures ) Date M
l� �t L
Print Name
Telephone Number With Area Code
1. d.:;?ii;'il Aa�t1i C<i+li'tl CC�:!"t�• r'='.�'.:t�C:LN�'d*i�:l�:-:1. c:r:1C':;:�

DI' SIO N CAE COASTAL INIAN AGE —ME T
,tWJ .C,E,NT RIPARIAN 1'ROUR�"1(�'�CpCylWNER i'�t�TIFICATIOtii'4`S�Az`�`1 R
FORM
Name of individual applying for permit;,'
Address of property.�� � �? _ ���!
oot or stre�Iet c street or roast)
LJr A
(City & coufltj
I hereby certify that Iown property. adjacent to the above *referenced property. The
individual applying for this permit has described to me (as shown on the attached
drawing) the development they are -proposing. A description or drawing, with
dimensions, should be provided with this letter.
t have no objections to this proposal.
Xf you have objections to what is being proposed, please write the Division of Coastal
Management, 400 Commerce Ave., Morehead City, NC 28557 or call [phone]
within XD days of receipt of this notice. No response is considered the same as no
objection if you have been notified by Certified Mail,
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags
roust be set back a minimum distance of 15' from my area of riparian access unless
waived by me. (If you wish to waive the setback, you roust initial the appropriate blank
below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Signature f Date
Print Name
)5-), )Ll-1- s�-IL
Telephone Number With Area Code

Specifications for MOORE project
103 Webb Drive
Morehead City, N.C. 28557
Jeffrey K. Moore
Kyra L. Moore
General:
&q-
IThe existing dockage at the south property line of the Moore Property has been
damaged beyond repair by multiple storms. The original dock was 8 ft. wide and
80 ft. long, generally oriented along the water line. Some piles remain.
2) There is also a persistent problem of erosion of soil into the sound both with and
without storm activity that is not adequately controlled by the existing Rip -Rap
barrier.
3) The proposed improvements include a "Vinyl Seawall" Bulkhead replacing a
portion of existing Rip -Rap, a Pier extending to a Floating Deck/Wave
Attenuator, a Boat Lift, and dredging/excavation sufficient for these purposes.
4) Total deck area exclusive of piers will be less than 400 sq. ft.
5) The total boat dockage capacity is 2.
There will be no interference with existing navigation channels
Bul ead Specifications:
l�
1) Necessary to stop persistent erosion of soil materials into sound and to protect
\ property from storm damage (not currently accomplished by existing Rip -Rap).
J 2) Will replace existing Rip -Rap barrier at south side of property. Excess stone to be
distributed along other areas of existing similar materials.
3) Aligned along Existing water line.
4) Constructed of treated wood or concrete pilings, Sheet Vinyl seawall, marine
grade fasteners, and treated wood or concrete cap. Dead -men or other
strengthening measures will be used as needed according to best construction
practices. No seepage through wall will be accepted.
5) Height of wall will be +8.0 ft. MLW (approx. +5.0 ft. MHW).
Pier Specifications:
1) Will allow dockage of one boat at existing pile location.
2) Will travel from property to Floating Deck/Wave Attenuator.
3) Extending from southeast corner of property from corner of new bulkhead approx.
75 ft. in length and 6 ft. in width.
4) Aligned at a perpendicular to bulkhead and existing piles.
5) Height +8.0 ft. MLW (same height as bulkhead).

6) Constructed of treated wood or concrete pilings, treated wood stringers, and wood
or composit decking.
7) Sand control breakwater along edge of pier as integral component of pier
structure. Constructed of treated wood and Sheet Vinyl seawall. Height +4.5 ft.
ML (same as existing Marina breakwater).
i�g Deck/Wave Attenuator Specifications:
1) Attached to piles with appropriate hardware to allow variations of tide and
maximum resistance to storm damage.
2) Accessed by ramp or ladder from Pier.
3) Width 6 ft. Length approx 50 ft.
4) Wood, composite, or concrete decking surface.
Boat Lift S
1) Accessed fir southwe side of property.
2) Minimm usetb o 5 ft. from adjacent riparian property line.
3) Will not interfe 'th existing navigation channels.
4) Accessed b ier fro roperty edge.
5) 10-12,0 lb. capacity al 'num construction on treated wood or concrete
Excavation/Dredging Specifications:
1) Excavation of a portion of existing Rip -Rap will be necessary to construct
Bulkhead at existing water line. Excess stone materials will be distributed along
lines of other existing Rip -Rap.
2) Backfill will be with soil from upland sources.
3) Dredging for boat dockage area to average -5.0 MLW will comprise less than 300
cubic yards of material.
4) Dredging of Floating Deck/Wave Attenuator area to average -5.0 MLW will
comprise less than 200 cubic yards of material.
5) Spoils will be initially deposited on subject property. Once dried, the material will
be transported to an upland site.

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I EXCAVATION
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Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Dear Sirs:
Uzz
j
FEB X
Morehead city DD,M
Brandywine Marina Association approves of the work proposed by Jeffrey K. Moore, 103 Webb Drive
with the following exception:
We would like to withhold approval of the boat lift as there were no dimensions submitted. When we
receive the actual dimensions with riparian boundaries surveyed, we will strongly consider approving the
lift as well. We cannot determine from the drawing how far the lift will protrude into the marina basin.
Sincerely,
Don Layno, President
Brandywine Marina Association

A AT Mt,# 1VVAAJ-,J I U IS,11 JN-VA..FLAX' 1 T" PJ
DIN-ISTON OF COASTAL NNIANALEMEtNT
ADJACENT RIPARLkN PROPERTY O'Y-N-E R NOTIFICATIONAVAIVER
FORM
Name of individual applying for permit:
applying
Address of property:
I hereby certify that 1,ow'n property adjacenttothe above' referenced property. The
individual applying for this permit has described to me (as shown on the attached
drawing) the development they are -proposing. Adescrip't,ion or drawing, with
dimensions, should be provided with this letter.
I have no o - d 9
bjep ions to o os-1
Ul's ')O'sa'
Ify6u have objections ?o what is being proposed, pp ease write the Dt'on of Coastal
Management, 400 Commerce Ave., Morehead City, NC 28557 or call [phone]
within 10 days of receipt of this notice. No response is considered the saute as no
objection if you have been notifted.by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags
must be set back a minimum distance of 15' from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Signature Date
Print Name
Telephone Number With Area Code
PuA rvi)ara rt-i�vJrA r',,:ir*,,;;�

Page 1 of 1
ra Moore
From: "Jeffrey K. Moore, M.D." <[e-mail]>
To: <[e-mail]>
Cc: "'Kyra Moore"' <[e-mail]>
Sent: Sunday, May 13, 2007 10:19 PM
Attach: Riparian Boundary Arguement.doc
Subject: permit application
Dear Ms. Barrett,
My name is Jeff Moore. My wife, Kyra, and I have filed for a general permit for dockage in front of our home on
the sound in Brandywine Bay. Ryan Davenport has been out a couple of times and has been very helpful. It
appears that what we will be permitted to build hinges primarily on the interpretation of the riparian boundary
rules. He said that your first inclination was to draw the line referencing the Intracoastal Waterway rather than the
adjacent marina channel, which would effectively prevent us from getting a general permit for any useful dockage
You know much more than I do about the rules, but I would like you to consider my argument in favor of drawing
the line from the adjacent channel. My thoughts are much better organized when writing, and I am rarely free
during daytime hours, so this seems like the best opportunity. Please read the attached document on this topic
and let me know what you think.
Thanks.
Jeff Moore
5/14/2007

Argument for Riparian Boundary
Jeffrey and Kyra Moore
103 Webb Drive, MHC
May 13, 2007
The history and law regarding Riparian rights have evolved over time, but the purpose of
using the riparian concept rather than traditional property boundaries has remained the
same —to ensure littoral property owners the ability to access navigable waters in front of
their property. The concept came as a result of changing and irregular shorelines that
made the traditional boundary method inequitable.
In 1903, the North Carolina Supreme Court, in Shepard's Point Land Co. v. Atlantic
Hotel, (132 NC 517,44 SE 39,46 (1903)) listed the rights associated with the ownership
of North Carolina waterfront property as:
• The right to be and remain a littoral or riparian property owner and to enjoy the natural
advantages conferred upon the land by its adjacency to the water;
• The right of access to the water, including a right-of-way to and from the navigable
part;
• The right to build a pier or "wharf out" to the navigable water, subject to any state
regulations;
• The right to accretions to land; and
• The right to make reasonable use of the water flowing past the land.
With that being the foundation, current regulations are open to interpretation based on the
specifics of each case. The CAMA Handbook gives this rule:
"The dividing line for areas of riparian access shall be established by
drawing a line along the channel or deep water in front of the properties,
then drawing a line perpendicular to the line of the channel so that it
intersects with the shore at the point the upland property line meets the
water's edge".
This, then, leads to the question at hand regarding the riparian boundaries for our
property. Please see my application or the plat reproduced below (note: the dock
shown has been destroyed by storm and was non -compliant to existing rules).

Specifically, I am concerned about the boundary on the west margin of the
property and whether the line should be drawn from the centerline of the adjacent
channel maintained by the Brandywine Bay Marina Association or that of the
Intracoastal Waterway. The former would allow dockage on the west side of the
property, and the latter would not.
What has apparently led to the consideration that the Intracoastal Waterway
might be the most appropriate reference is the fact that some of the shoreline
was man-made (in 1928), which is why it is so irregular. Of course, both the
marina channel and the Intracoastal Waterway are man-made, but they are the
only two references available to define "deep water" in this circumstance.
In reviewing the North Carolina case law and the legislative statutes on this
subject, there appears to be no differentiation between natural and man made
shorelines and none between natural and man made navigable channels. The
regulations most often refer to "channel", and the CAMA Handbook adds the
phrase "deep water in front of the properties".
A more straight forward example of the necessary decision of which channel to
use is with properties at the mouth of a channel that leads out to the Intracoastal
Waterway —say, Spooner's Creek. The properties at the corners and a few lots
inside the creek but within sight of the Intracoastal Waterway do not have their
riparian boundaries drawn from the Waterway. Without exception, they have
been permitted for dockage at the waters edge for access to the adjacent
channel. Our property is no different in this concept.
My contention is that the most appropriate reference for drawing the
perpendicular to define the riparian boundary is the marina channel, which is
directly adjacent the property and the only accessible deep water in any
circumstance. The marina channel has us boxed in and is, in effect, the only
accessible "deep water in front of the properties" —which, by definition, is the
reference channel called for in the CAMA Handbook.
Thanks for your consideration.
(Please scroll down for picture)

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