49028_MCMURDO, JUDITH_20070615

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❑LAMA / ❑DREDGE &FILL
GENERAL PERMIT Previous permit #
❑New [-]Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural esources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
❑ Rules attached.
Applicant Name
Address
City �.
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State Nr
ZIP
Phone #
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Fax # O
Authorized Agent
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❑ CW ❑ EW ❑'ETA ❑'ES
❑ PTS
Affected
AEC(s):
❑ OEA ❑ HHF ❑ IH ❑ USA
❑ N/A
❑ PWS:
❑ FC:
ORW: yes / no PNA yes / no Crit.Hab. yes / nc
Type of Project/ Activity
Pier (dock) length
Platform(s)
Project Location: County
Street Address/ State Road/ Lot #(s)
Subdivision
City /-fit -, i " t -kl 4 ZIP - -
Phone # (�) :9 r v' t River Basin %',,�
Adj. Wtr. Body / it. t 'f` (dat /man /unkn)
Closest Maj. Wtr. Body it
(Scale:
Finger pier(s)
Groin length
number --
Bulkhead/ Riprap length_
avg distance offshor-
max distance offshore -
Basin, channel
cubic yards
Boat ramp�.��`��
Boathouse/ Boatlift --- — --- — -- -- --- --'
1
t
Beach Bulldozing —
Other ----- — Y9
Shoreline Length
SAV: not sure
yes
no - —_
Sandbags: not sure
yes
no'
Moratorium: n/a
yes
no
Photos:
yes
-
Waiver Attached:
yes
----
hno
A building permit may be required by:
Notes/ Special Conditions
Agent or Applicant Printed Name
Signature ** Please read compliance statement on back of permit"
Application Fee(s) Check #
See note on back regarding River Basin rules.
VTV//
Permit Officer's Signature 1
Issuing Date Expiration Date
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Local Planningjurisdiction 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 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
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythatthis project is consistentwith 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/ 1-888ARCOAST
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

Postal
CERTIFIEDRECEIPT
'n (Mmesuc Mail Only, No Insurance Coverage Provided)
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..anitied Fee
v Postmark alum Receipt Fee Here
-ndorsement Required) 2 .
O
Restricted Delivery Fee
0 (Endorsement Required)
Ul
r-1 Total Postage 3 Fees $-
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Street. Act. No.: I
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• 'AUG-03-2005 WED 01:46 PM NC DIV OF COASTAL MGMNT FAX NO, 4 P. 02
RT1'ARVAIq PROPERTY OWNER STAT1',,Na:iW1'
(FORA t'IERIMOORING PILINGS180A7'X,IF7'/itOATHOUSE,)
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I hurcby certify that I own prop4rty acljaeent to ' ?� ��_ lne-lnu"a 's
(Name of Property Owner)
prup-'.rty 1xatc-d at
Block, Road, etc.)
J
on...fl—SAS_T____......�._.__._�in �MP79'L-i /�l� f►U� N.C,
(WMerbody) (Town and/or County)
Tle hts.s descritxcd to tl)c, 'm shown below, the development he is proposing at that location,
anti, T have no objections to his proposal. I understand that a pier/moorinn
1111(II101VU(MtlifC/bOaillQLISZC nlllSt W s;:t back a minimum distance of fifteen feet (15') from my are;
of tiparian acccsq unl�S.S waived by' m�.
r -- I s.1.0_uQ1 wislti to w;livc tic setback roduirc�inent,
100, wish m that s::tback regUiremeni.
---------------------------•-----
DFSCRII''I'ION AND,'OR Of.- YItUPOSn) DEVF.LOI'M ENT:
(TO be filled in by individual proposint-, de-velopme,u)
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--------------------- - ------------------- ................. -- ------------------------------------------
Simon• turaTM.~ _ -._.
Print or Type Name
Telephone NurltE�z
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JAN-31-2007 12:17 From:NC DIV COASTAL hGMIT 2522473330 To:92499884 P.6'6
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F Easley, Grwernor Charles S. Jones, Director W ilori G. ROss Jr , Swrelaiy
lJate 6AIe
Applicant Name
Mailing Address
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I certify that i have authorized (agent)&88ji C�f/dekJ LOti�to act ou my
behalf, for the purpose of applying for and obtaining all CAIMA Permits necessary to
install or construct (activity) oAk4 p4 t-L__
at (location) .�i►-rrE
This ce
signatu
400 Commerce Avenue, Morehead City, North Carolina 28567
Phone: [phone] FAX: [phone] Intemet: www.nccoast.alrnanagement.net
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BOBBYCAHOON
MARINE CONSTRUCTION iND LAND DEVELOPMENT
DBA BOBBY CAHOON CONSTRUCTION, INC.
6003 NEUSE RD.
GRANTSBOFO, NC 28529
PH [phone]
PAY TO THE (� J
ORDER OF I\
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WACHOVIA BANK, NA
BAYBORO, NC 28515
66-21/530
111004003116 1:0 5 3000 2 L 91: 20000 L 7 68 48 2811'
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Ryan Davenport
Compliance and Enforcement Representative
Division of Coastal Management, NCDENR
400 Commerce Ave.
Morehead City, NC 28557
July 31, 2007
Mr. Davenport:
I am writing this letter in reference to the unauthorized dumping of a significant amount
of 'rip -rap' on the property located at 279 Wiggins Point Road, Oriental. First, I must state
that the property is held in my father, Mark Popkin's name, and that my actions in this
regard are authorized by him directly by his grant to me of power of attorney for his
health, business and other matters. A copy of the power of attorney document is enclosed
with this letter, for your reference.
I originally received a request from Gene Crow of Bobby Cahoon Construction, Inc. by a
fax dated June 15, 2007 for me to waive our riparian rights to allow for Mr. Crow to
construct a jetty on our property line, rather than observing the required 15 foot setback.
Mr. Crow was building a bulkhead, for which a permit had been issued, on the adjacent
property (291 Wiggins Point Road, owned by Ms. Judith McMurdo). Mr. Crow called
several times to receive a reply to his request and, after discussing the matter with my
father and with attorneys experienced in coastal development issues, I told Mr. Crow that
we were not inclined to waive the setback requirement. Mr. Crow was somewhat
dismayed, but was cordial, as he had been in all of our previous conversations. Mr. Crow
then told me that he had a couple of extra rocks and asked if he could drop them up on
the beach. I told him that I didn't care one way or another about a rock or two, but that I
was not interested in building up the beach in any way and was not all that happy about
the bulkhead or jetty. I am very well familiar that any kind of beach hardening measures
may be taken only after following the appropriate permitting steps, and I in no way
authorized or desired such a thing to happen either with or without a permit.
In the following two weeks, several family friends stayed in our house and told me that
there were rocks all along the length of the beach in front of the house. The rocks covered
the entire sandy beach area to such a degree that I have been told that direct access to the
beach from the yard of the house is not possible at this point. Additionally, I have been
told that the rip rap on the beach and in the sand at the water's edge would make it
impossible to walk safely along the beach, to play in the shallow water at water's edge or
to land any kind of boat on the sandy beach front portion of our property without
damaging the hull of the boat (all of which are the main activities that my father, my
children and I engage in whenever we are there).
It appears that Ms. McMurdo declined to build the jetty with the setback because it would
impede the view of the water from her house (which Mr. Crow mentioned to me might
happen if I didn't waive the setback). Unfortunately, it also appears that Mr. Crow
unloaded all the rip -rap that would have made up the jetty on the length of the beach in
front of our house. I did not authorize this to happen, and would like the property to be

returned to the condition that it was in before Mr. Crow began work on our neighbor's
property so that we may once again walk on the sand and in the water leading up to the
beach. At present, none of this is possible due to the rip rap dumped there.
The properties on Wiggins Point Road have been there for many years and have
weathered many storms without needing any kind of reinforcement of the beach. This
stretch of sandy beach is located on the mouth of the Neuse River, not front -row
oceanfront property, and judging by the size and age of the trees growing up and down
the length of the beach itself, does not appear to be moving anywhere any time soon or in
need of any beach hardening for protection of any kind.
I appreciate your assistance with this matter. I was dismayed to learn of the bulkhead and
jetty proposed and even more dismayed to find out about the rip rap on our beach. I am
proud of the strict coastal development provisions applied in our state and am very
appreciative of your efforts to ensure that this type of unpermitted development does not
happen.
Please do not hesitate to contact me if I can be of any assistance to you with this matter. I
can be reached on my personal cell phone [phone]) or at the work contact
information on the card enclosed with this letter.
Sincerely,
M. B enj amin Popkin