47148_NOE, MARION_20070103

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❑CAMA / ❑ 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 Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
❑ Rules attached
Applicant Name �0,� \ 0 14 1�(-) E, Project Location: County
Address QU
City c� State , ZIP
Phone # �6 Z Fax # ( )
Authorized Agent
Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS
ElOEA ElHHF ElIH ❑ UBA ElN/A
AEC(s):
❑ PWS: ❑ FC:
ORW: yes / no PNA yes / no Crit. Hab. yes / no
Street Address/ State Road/ Lot #(s)
Subdivision
City ZIP
Phone # ( ) River Basin
Adj. Wtr. Body (nat /man /unkn)
Closest Maj. Wtr. Body
Ty a of Project/ Activity
Pier (dock) length
Platform(s)
Finger pier(s)
10 to I '
C)� 0-2 4G,4-Lo,i'-4,/ �do�,A 40 6, -ROPO (Scale:
/n,e• 6,4
I I i
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore-
Basin, channel
cubic yards
Boat ramp
Boathouse/ Boatliftu
Beach Bulldozing
Other
i
;
I
i
,II
i
I _
— ILL
Shoreline Length
SAV: not sure yes no
I Sandbags: not sure yes no
Moratorium: n/a yes no i !
Photos: yes no
Waiver Attached: yes no - —
A building permit may be required by: ❑ See note on back regarding River Basin rules.
Notes/ Special Conditions
Agent or Applicant Printed Name
Signature ** Please read compliance statement on back of permit
Permit Officer's Signature
Issuing D a iratio Date
ApplicationFee(s) Check# Local Planning Jurisdiction Rover File Name

A,
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, certifythat this 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 (252-946-648 I) 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 Cif 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,
Orslow -below New River Inlet- and
Pender Counties)
Revised 06/29/05

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece
or on the front if space permits.
1. Article Addressed to:
GU /V� 1�0 te-
(V'eSF'Mepi L-L�
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A. Signatur /
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ressee
B. Received y (�ameJ C. Date of Delivery
D. Is delivery''a dress different from item 1? ❑ Yes
If YES, „enter delivery address below: ❑ No
DEC 2 0 2006
3. J(�icre Type �_
ified Mail g E� all
Registered Gj;Returnteceipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7006 0100 0006 8848 9816
(transfer from service label,
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Agent
B.L,Aeceived by Uri ted`1(lame) C. Date of Delivery
Z -Zc�'
D. Is delivery address different from item 1? 11
If YES, enter delivery address below: No
3. Service Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7006 0100 0006 8848 9823
(transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540

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drawn from an actual survey made undet my ••
supervision, that the ratio of precision as
calculated is 1:�Q��
Witness my original signature, license dumber and
seal this the y of" 2002.
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SECTION .0600 - FLOATING STRUCTURE POLICIES
15A NCAC 07M .0601 DECLARATION OF GENERAL POLICY
It is hereby declared that the general welfare and public interest require that floating structures to be used for residential or
commercial purposes not infringe upon the public trust rights nor discharge into the public trust waters of the coastal area of
North Carolina.
History Note: Authority G.S. 113A-102; 113A-107, 113A-108; 113A-118; 113A-120(a)(8);
113A-124(c) (5);
Eff. July 1, 1983.
15A NCAC 07M .0602 DEFINITIONS
(a) A boat is a vessel or watercraft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar,
or paddle or other means, which is used to travel from place to place by water.
(b) A "floating structure" is any structure, not a boat, supported by a means of flotation, designed to be used without a
permanent foundation, which is used or intended for human habitation or commerce. A structure will be considered a floating
structure when it is inhabited or used for commercial purposes for more than thirty days in any one location. A boat may be
deemed a floating structure when its means of propulsion has been removed or rendered inoperative and it contains at least
200 square feet of living space area.
History Note: Authority G.S. 113A-102; 113A-107; 113A-108; 113A-118; 113A-120(a)(8);
113A-124(c) (5);
Eff. July 1, 1983.
15A NCAC 07M .0603 POLICY STATEMENTS
(a) It is the policy of the State of North Carolina that floating structures shall not be allowed or permitted within the public
trust waters of the coastal area except in permitted marinas.
(b) Alt floating structures shall be in conformance with local regulations for onshore sewage treatment.
History Note: Authority G.S. II3A-102,
113,4-124(c) (5);
Eff. July 1, 1983.
113A-107; 113,4408; 113,4-118; 113.4-120(a)(8);
13

9—MMUMGENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND BOAT
HOUSES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS
15A NCAC 07H .1201 PURPOSE
A permit under this Section shall allow the construction of new piers, docks, and boathouses in the estuarine and public trust
waters AECs and construction of new piers and docks within coastal wetlands AECs according to the authority provided in
Subchapter 07J .1100 and according to the Rules in this Section. This permit shall not apply to oceanfront shorelines or to
waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of
the Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy, and lower
erosion rates than the adjacent Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. April 1, 2003.
15A NCAC 07H .1202 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request
approval for development. The applicant shall provide information on site location, dimensions of the project area, and his
name and address.
(b) The applicant shall provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property owners
indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. The notice shall instruct adjacent property owners to provide any comments on the proposed development in
writing for consideration by permitting officials to the Division of Coastal Management within 10 days of receipt of
the notice, and, indicate that no response will be interpreted as no objection. DCM staff shall review all comments
and determine, based on their relevance to the potential, impacts of the proposed project, if the proposed project can
be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, DCM
shall notify the applicant that he must submit an application for a major development permit.
(c) No work shall begin until an on -site meeting is held with the applicant and a Division of Coastal Management
representative to review the proposed development. Written authorization to proceed with the proposed development shall be
issued if the Division representative finds that the application meets all the requirements of this Subchapter. Construction
shall be completed within 120 days of the issuance of the general authorization or the authorization shall expire and it shall be
necessary to re-examine the proposed development to determine if the general authorization may be reissued.
(d) Any modification or addition to the authorized project shall require prior approval from the Division of Coastal
Management.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. October 1, 2007, August 1, 1998; January 1, 1990.
15A NCAC 07H .1203 PERMIT FEE
The applicant shall pay a permit fee of two hundred dollars ($200.00) by check or money order payable to the Department.
History Note: Authority G.S. 113A-107, 113A-113(b); 113A-118.1; 113A-119, 113-119.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000, March 1, 199L.
15A NCAC 07H .1204 GENERAL CONDITIONS
(a) Piers authorized by this general permit shall be for the exclusive use of the land owner, or occupant and shall not provide
either leased or rented docking space or any other commercial services. Piers designed to provide docking space for more
than two boats shall, because of their greater potential for adverse impacts, be reviewed through the major permitting process
and, therefore, are not authorized by this general permit.
(b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make
periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the authority of
this general permit is in accordance with the terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers,
docks and boat houses.
47

(d) This permit will not be applicable to proposed construction where the Department believes that the proposed activity
might unnecessarily endanger adjoining properties; significantly affect historic, cultural, scenic, conservation or recreation
values, identified in G.S. 113A-102 and G.S. 113A-113(b)(4), nor that might significantly affect the quality of the human
environment.
(e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements, AEC Guidelines, and local land
use plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to ambiguity Ef.May 19, 1994;
Amended Eff. August 1, 1998; July 1, 1994.
15A NCAC 07H .1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet waterward from the normal high
water line or the normal water level, whichever is applicable.
(b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same shoreline for similar use.
This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public such as blocking established navigation routes or interfering with access
to adjoining properties. The length of piers shall be measured from the waterward edge of any wetlands that border the water
body.
(c) Piers longer than 200 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least
one foot at each 100 foot increment of pier length longer than 200 feet, or if the additional length is necessary to span some
obstruction to navigation. Measurements to determine pier lengths shall be made from the waterward edge of any coastal
wetland vegetation, which borders the water body.
(d) Piers and docks shall be no wider thansix feet and shall be elevated at least three feet above any coastal wetland substrate
as measured from the bottom of the decking.
(e) Any portion of a pier (either fixed or floating) extending from the main structure and six feet or less in width shall be
considered either a "T" or a finger pier.
(f) Except in the case of boat houses, any portion of a structure (either fixed or floating) greater than six feet wide shall be
considered a platform or deck.
(g) "T"s, finger piers, platforms, and decks of piers on lots with shorelines 100 feet or greater in length shall not exceed a
combined total area of 400 square feet. The combined total area for lots less than 100 feet shall not exceed four square feet
per linear foot of shoreline.
(h) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands.
(i) The width requirements established in Paragraphs (d), (e), (f), (g) and (h) of this Rule shall not apply to pier structures in
existence on or before July 1, 2001 when structural modifications are needed to prevent or minimize storm damage. In these
cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than of two feet
on either side of the principal structure. These modifications may not be used to expand the floor decking of platforms and
piers.
0) Boathouses shall not exceed 400 square feet and shall have sides extending no further than one-half the height of the walls
as measured in a downward direction from the top wall plate or header and only covering the top half of the walls.
Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots
with less than 75 linear feet of shoreline.
re gegclo-'ed p5mp4i ,. e , 'WE
le$.
ieoc rs, ecks, p atforms and boat houses shall be single story. They may be roofed but shall not be designed to
allow second story use.
(m) Pier alignments along federally maintained channels must also meet Corps of Engineers regulations for pier construction
pursuant to Section 10 of the Rivers and Harbors Act.
(n) Piers, docks, and boat houses shall in no case extend more than 1/4 the width of a natural water body, human -made canal
or basin. Measurements to determine widths of the water body, human -made canals or basins shall be made from the
waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not apply
when the proposed pier is located between longer piers within 200 feet of the applicant's property. However, the proposed
pier shall not be longer than the pier head line established by the adjacent piers, nor, longer than 1/3 the width of the water
body.
(o) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent property lines extended into the water at the points that they
intersect the shoreline. The minimum setbacks provided in the rule may be waived by the written agreement of the adjacent
49

riparian owner(s), or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold before
construction of the pier commences, the applicant shall obtain a written agreement with the new owner waiving the minimum
setback and submit it to the Division of Coastal Management prior to initiating any development of the pier, dock, or boat
house. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water
in front of the property, 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. Application of this Rule may be aided by reference to the approved
diagram in Paragraph (r) of this Rule illustrating the rule as applied to various shoreline configurations. Copies of the
diagram may be obtained from the Division of Coastal Management. When shoreline configuration is such that a
perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent
practicable.
(p) Piers, and mooring facilities shall be designed to provide docking space for no more than two boats.
(q) Applicants for authorization to construct a dock or pier shall provide notice of the permit application to the owner of any
part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease
holder the opportunity to mark a navigation route from the pier to the edge of the lease.
(r) The diagram shown below illustrates the various shoreline configurations:
History Note
EXAMPLES
RIPARIAN ACCESS AREAS
PROJECT AREA
_ EDGE OF CHANNEL OR
- DEEP WATER
------ PROPERTY LINE
�—'— RIPARIAN LIMIT
MEAN HIGH WATER
Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. December 1, 1991; May 1, 1990; March 1, 1990;
RRC Objection due to ambiguity Ef'.' March 18, 1993;
Amended Eff. August 1, 1998; April 23, 1993;
Temporary Amendment Eff. December 20, 2001;
Amended Eff. April 1, 2003.
49

AT? i-IWAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
9/17/08
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Marion Noe
1909 Front St.
Beaufort, NC 28516
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #08-31 C
r M rNoe: Dear .
This letter confirms that on 9/17/08, Roy Brownlow (Compliance and Enforcement Coordinator) and I were
onsite at your property located at 1909 Front St. adjacent to Taylors Creek located in Beaufort Carteret
County North Carolina. The purpose of the visit was to investigate the unauthorize4tructure a#�ae�ed to
yoAkd`ock7and the permitted boatlift, which exceeds 4012 within Taylors Creek. A 20'X20' boatlift was
permitted under GP 47148C. I have also met with you on several occasions over the past 11 months to
discuss the definition of a "boat" and to advise you that the maximum area allowed for a boatlift is 400ft2.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
1 have information that indicates you have undertaken or are legally responsible for the construction of a
boatlift that exceeds 400ft2 and the placement of a 780ft2 (16'X52') structure on the aforementioned
property. This activity took place in Coastal Wetland, Estuarine Water and Public Trust Area that is
contiguous with Taylors Creek. Estuarine Waters and Public Trust Areas are designated as Areas of
Environmental Concern (AEC). No permit was issued to you for work in this area. Based on these findings,
I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area
Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $10,000 may be assessed against any
violator. Investigative costs shall be in addition to any civil penalty assessed. Each day that the
development described in this notice is continued or repeated may constitute a separate violation that is
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Marion Noe
h'17/08
Page 2 of 4
subject to an additional assessment of up to $10,000. An injunction or criminal penalty may also be sought
to enforce any violation (N.C,G.S. 113A-126).
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000, plus
investigative costs, against all violations of this type. This is done to recoup some of the costs of
investigating violations and/or to compensate the public for any damage to its natural resources. The
amount assessed depends on several factors, including the nature and area of the resources that were
affected and the extent of the damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, construction of a boatlift that exceeds 400ft2
and the placement of a 780ft2 structure over the Coastal Wetland, Estuarine Waters and Public Trust Area
AEC(s), is not consistent with Section 15A NCAC 07H .0208(b)(6)(1), which states that the total area
enclosed by a boat lift shall not exceed 400ft2. This activity is also not consistent with Section 15A NCAC
07H .0208(a)(1) which states that uses that are not water dependent shall not be permitted in coastal
wetlands, estuarine waters and public trust areas. Therefore, I am requesting that the boatlift be configured
such that it does not exceed 400ft2 and that the 780ft2 structure is removed. Please refer to the enclosed
Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
J. Ryan Davenport
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Marion Noe
9117/08
Page 3of4
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Brad Connell, Field Representative, DCM
ENCLOSURE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Marion Noe
90 7/08
Page 4 of 4
RESTORATION PLAN
For
Mr. Marion Noe Property
CAMA Violation No. 08-31 C
Property located at 1909 Front St., Carteret County
Taylors Creek
NTS
I, Mr. Marion Noe, agree to configure the boatlift such that it does not exceed 400ft2 and remove the
78Oft 2 structure.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
10/17/08, or provide an explanation for non-compliance and a reasonable request for time extension. When
corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a civil assessment against all violations. If restoration is not
undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require
restoration.
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

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9/15/08
N. C. Dept of Environment and Natural Resources
M. Ted Tyndall - Assistant Director for Permitting and enforcement - Div. of
Coastal Management
Ryan Davenport - Compliance Field Representative - Div. of Coastal Management
400 Commerce Drive
Morehead City, NC 28557
Re: NOE'S ARC - 1909 Front St.
Dear Sirs,
Thanks for meeting with me today to discuss the legality of the "floating
structure" on Taylor's Creek. Noe has until Sept. 29th to prove the structure is a
"boat" as defined in 15A NCAC 07M.0602. If in fact, it is only a "floating structure",
then it must be moved off public trust waters to a permitted marina or somewhere
else as defined in 15A NCAC 07M.0603.
Also, the boat lift with the framed addition is in violation of the 400 square foot
limit as defined in 15A NCAC 07H. 1205.
Looking forward to our meeting on Oct 3 to review the enforcement.
Sincerely,
Dana and Mary Smith
enclosures:
cc: Richard Stanley, Mayor of Beaufort
Terry Parker - Eakes, Town Manager
Noe's neighbors

9/15/08
Richard Stanley
Mayor of Beaufort
Terri Parker-Eakes
Town Manager of Beaufort
Town of Beaufort
215 Pollock St.
Beaufort, N. C. 28516
Re: Noe's ARC 1909 Front St.
Approximately one year ago Noe started construction on his "boat", NOES ARC.
Now is the time to take action on its removal from Taylor's creek and remove the
law allowing twelve months for temporary construction on the south side of Front St.
Thus, preventing this from ever happening again.
The Town of Beaufort's Land Use Plan gives the Town complete authority to keep
the "Vista to Rachel Carson Preserve open on the south side of Front St." We must
enforce the codes.
We need the Town to work with CAMA to prevent any reoccurrence of any
structure being allowed on the south side of Front St. as dictated in the Town's
land use plan.
Sincerely,
Dana and Mary S th
enclosures:
cc. Ted Tyndall - Assistant Director CAMA
Ryan Davenport - Field Representative - CAMA
Noe's neighbors

TOWN OF BEAUFORT
Inspections Department
215 Pollock Street, P.O. Box 390
Beaufort, N.C. 28516
[phone], [phone] fax
www.beaufortnc.org
October 25, 2007
Plans submitted and approved become a matter of public record. Anyone can come and look
over them. For any structure to be constructed, it requires a permit, which is also a matter of
public record. The definition of a structure, per Town of Beaufort zoning ordinance, is "anything
constructed or erected, the use of which requires more or less permanent location on the ground
or which is attached to something having more or less permanent location on the ground." By
definition, a boat is not classified as a structure. Boat building is not contained in the scope of
the NC Building code. Boat building does not come under the authority of the town's building
inspector. The "boat" in question is classified, as pertains to the zoning ordinance for Beaufort,
as a "temporary construction building". All temporary construction building must be completed
in no more then 12 months. The "boat" in question, based on the Town of Beaufort's zoning
ordinance, is a legal structure for 12 months. After 12 months, if the project is not complete or is
not relocated, it will be deemed an illegal structure and it will become mandatory that it be
removed immediately.
Nathan Rhue
Town of Beaufort Inspections
Nathan A. Rhue, Building Inspector/Code Enforcement Officer

Town of Beaufort Zoning Code
R-10 One- or Two -Family Residential District. Purpose: The R-10 residential district is established to
provide a medium density district in which the principal use of land is for one- or two-family dwelling units.
The R-10 residential district must be provided with public water or sewer.
R-10 MH Single -Family Residential and Manufactured Home/Travel Trailer Park District. Purpose: The R-
10 residential district is established to provide a medium density district in which the principal use of land
is for site -built single-family dwelling units and approved manufactured home parks.
R-8 Medium Density Residential District. Purpose: The R-8 residential district is established as a medium
density district in which the principle use of the land is for single-family dwelling units. The regulations of
this district are intended to provide areas of the community for those persons desiring residences in
relatively medium density. No buildings or houses or structures excepting noncommercial docks or piers
as specified in Section 7.2 of this zoning ordinance will be erected on the south side of Front Street in this
district. The R-8 medium density residential district must be provided municipal water and sewer.
R-8A Single -Family Medium Density Residential District. Purpose: The R-8A district single-family
residential district is established to provide a medium density district in which the principal use of the land
is for single-family residences together with customary accessory buildings and structures, and docks in
conformity with Section 7.2 of this zoning ordinance. This district is identified on the town's zoning map
and is confined to the existing residential portions on the south side of Front Street.
R-5 Residential Cluster Development (RC) District. Purpose: The R-5 residential cluster district is
established as a medium to high density district encouraging the practice of residential cluster
development designed to conserve land, create useable open space, reduce building and infrastructure
costs, and provide for more attractive and functional communities. The regulations of this district are
designed to provide greater open space and other amenities, while relaxing or varying lot size, minimum
yard and similar regulations that would apply to the traditional zoning district.
R-MF Multi -Family High Density Residential District. Purpose: The R-MF multi -family residential district is
established to provide a high density district in which the primary uses are multi -family residences and
duplexes. This district must be provided municipal water and sewer.
PUD Planned Unit Development. Purpose: This district is defined as an area characterized by an orderly
integration of residential, commercial (inclusive of offices and institutions), industrial, and open space land
uses which conform to the design requirements contained herein.
5.2 Business districts:
C-D Central Downtown Business District. Purpose: The purpose of this district is to allow land and
structures which provide personal services, retailing, and business services of all kinds to supply the
needs of transients and the residents, businesses, and industry of the town's entire planning jurisdiction.
This zone should be limited to the town's central business district.
Downtown Waterfront Historic Commercial. Purpose: The purpose of this district shall be to protect the
character of the commercial development along the historic waterfront of the town.
B-1 General Business District. Purpose: The B-1 general business district is established as the district in
which a wide variety of sales and service facilities may be provided to the general public. This district may
be located in appropriate locations throughout the town's planning jurisdiction.
B-2 Highway Business District. Purpose: The purpose of this district shall be to provide for the proper
grouping and development of roadside business uses which will best accommodate the needs of the
motoring public and business demanding high volume traffic. This district should be located adjacent to
major or minor thoroughfares.
As Amended 10/08/07 Page 5-2

Aquaculture Activities
Aquaculture is considered the cultivation of aquatic plants and animals under controlled
conditions. The following policies shall apply.
(a) Beaufort encourages all aquaculture activities which meet applicable federal, state and
local policies (see Aquaculture policies b) and c) and permit requirements. However,
Beaufort reserves the right to comment on all aquaculture activities which require
Division of Environmental Management permitting.
(b) Beaufort objects to any discharge of water from aquaculture activities that will degrade
in any way the receiving waters. Beaufort objects to withdrawing water from aquifers
or surface sources if such withdrawal will endanger water quality or water supply from
the aquifers or surface sources.
(c) Beaufort will support only aquaculture activities which do not alter significantly and
negatively the natural environment of conservation areas as shown on the Land
Classification Map.
Residential, Commercial, and Industrial Development Impacts on Resources
(a) Residential, commercial and industrial development should be allowed in coastal
wetlands which is consistent with 15A NCAC 7H and the policies contained in this
plan.
(b) Beaufort discourages any additional point source discharges of pollution into primary
nursery areas and shellfishing areas. In addition, Beaufort reserves the right to review
and comment on the approval of outfalls on a case -by -case basis.
(c) Residential development meeting the use standards of 15 NCAC 7H.0209 shall be
allowed in estuarine shoreline areas.
(d) Only commercial and industrial uses that are water dependent and which cannot
function elsewhere or are supportive of commercial fishing will be allowed in
conservation classified shoreline areas. Examples of such uses would include but not
necessarily be limited to commercial fishing and fish processing, marinas consistent
with the policies of this plan, boat repair and construction facilities, any business
dependent upon natural salt water as a resource, and restaurants that do not extend
into or over estuarine waters and/or public trust waters. Where zoning exists, all uses
must be consistent with established zoning.
(e) In order to preserve natural vegetation and scenic views, "no buildings or houses or
structures excepting noncommercial docks or piers will be erected on the south side
of Front Street in this (R-8) district."
Off -Road Vehicles
Beaufort opposes the utilization of off -road vehicles in any areas classified as coastal wetlands
and in the entire Rachel Carson Sanctuary.
IV-11

B. RESOURCE PROTECTION POLICY STATEMENTS psi
k
Manmade Hazards
-- Any expansion of fuel storage tank facilities on Radio Island should comply with
applicable state and federal regulations for which proper environmental safeguards have
been provided.
-- Beaufort does not object to the establishment of a closed loop system agricultural
"wash down" facility on Radio Island, if an environmental impact statement of no
significant effect on the environment has been prepared and proper environmental
safeguards are implemented. The Town of Beaufort opposes the wash down of any
equipment which has been exposed to any non-agricultural hazardous materials.
-- The Town of Beaufort supports any runway extensions or other airport expansions
which will not result in the closing of a section of N.C. 101, any permanent rerouting
of traffic presently utilizing N.C. 101, or any changes to N.C. 101 which will result in
increased traffic in the vicinity of the Beaufort Middle School. The town's preference
for the extension of Runway 8-26 is to have the runway extended to the northeast
which would require the relocation of a portion of NC 101.
-- Beaufort recognizes that it does not have any authority to regulate the area or elevation
of military flights. However, the town opposes any low level military training flights
that are not in compliance with the minimum safe altitudes for aircraft operation as
described in the Federal Aviation Regulations, Part 91.
Marina and Floating Home Development
-- The Town of Beaufort reserves the right to comment on the number of slips which are
being permitted within a marina.
-- The number of slips within a marina shall be limited to slips.
-- Beaufort opposes the location of floating structures in all marinas, public trust areas,
and estuarine waters. Floating structures are defined as any structure or vessel used,
designed, and occupied as a permanent dwelling unit, business, office, or source of any
occupation or any private or social club, which floating structure or vessel is primarily
immobile and out of navigation or which functions substantially as a land structure
while moored or docked on waters within county jurisdiction. Floating structures shall
not be used commercially or inhabited in one place for more than 15 days. The Town
of Beaufort will review and revise its local floating home ordinance to be consistent
with this policy (refer to paragraph d), page 1-30).

12A THE NEWS -TIMES Friday, April11, 2008
NOE
�'S, AR
Houseboat under construction
BY EREN TATARAGASI
total square footage of the living
NEWS -TM MS
quarters is about 1,000 square
BEAUFORT — When
feet
Marion T. Noe was 10 years
As soon as the siding is com-
old, he had a 12-foot rowboat he
pleted, which is white with green
lovingly named 'Noe's Arc. And
shutters, Mr_ Noe plans on mov-
once construction is complete
ing the houseboat onto its 20-ton
on his houseboat; he intends on.
lift where he will complete the
naming .it Noe's Arc, the third
interior.
The idea to build a house,.
The first floor will include
boat now under construction on
a living room, kitchen and full
his Front Street property along
bath with ' stair leading up to
Taylor's Creek came to Mf; Nce
the second floor consisting of
while traveling to Shackleford
two' -bedrooms, a bathroom and
Banks and .Cape Lookout on his.
a utility room,
current boat, Noe's Arc, the. sec- "
, •. He will. place, an outboard
and His small boat has a sleeper
motor on the back and controls
cabin but he wanted something
will be on the upper deck, but he
he could stay in for weeks tit a
time while' traveling.
can also use his smaller boat to
Having been around boats,
tow it around.
Mr. Nce, who. owned a service
Electricity will be provided
station and used cat, btrsess
from his dock. and heating, cool -
11 :
.st%phuniiing
in. Beaufort for .30 years, had
will=be dcin
enough knowledge to get the
like on any home.
project started.
Once completed, he hopes the
When he was 10 :he helped in.
'boat will weigh no more than
his giandfather's boatyard and
40,000 pounds:
from 1952-54_ he worked in the
Mr. Noe. is constructing the
Moreheaf City shipyard where
boat on property across the
he learned-about.buildi boats. •
street from'his 1909-A Front St.
With that%nowledge, Mr Noe
home, which he has lived in for
drew his own "Mans and has two
48 yam -
friends working, on the. boats
No building permit or any —
construction.
_thing similar was required for.
• "Several .years ago I called
construction because, Mr. NoeFort
" Macon . and Vilmington
said, "A person can build a boat
Coast Guard (stations) "to ask
anywhere.".
what I would have to �itave to
When he is not traveling 'in
make it seaworthy, even Though
the, boat, it will be docked at that
I knew, I wanted to makes.�.^
property, which is what is caus-
_I
had everything right:, Mr. f4pe
ing some stink with the neigh -
said.
bors.
And once he received the'."
`Construction be on the
appropriate state Coastal Area ,houseboat Oct. 17, 2007,'and
Management Act' permits; Mr.
�ince then neighbors have com-
Nce began construction.
prained . to the town and state
"They've been "by;; several
in iip effort to shut the project
times and whatever CAMA has dowiL
-told me, to do or not do, I've But`M Noe, who has lived in
done," Mr. Noe said. Beaufdrt for "74 years, says until
The dimensiots of the boat " they comb up v�ilh a way, to stop
are 1ti feet wide, with a 4& filox �P #end if
bottom and a 51-foot dent The`te do
y (�IIlii up with a
Marion T. Noe Is building this houseboat on the Beaufort
waterfront In hopes of spending weeks on it at a time travel.
Ing the North Carolina shore. (Dylan Ray photo)
way,- e'll just set it on its lift.
Mr. Noe _understands com-
plaints are being made because
his houseboat will disrupt the
vista. But, Mr. Noe noted the
town commissioners built a
boardwalk on Turner Street,
which also disrupts .the vista
and no one stopped it_
Because his actual home sits
facing the water, across the
street from where the house-
boat will be docked; no one's
view is being obstructed but
his own.
"A lot of these houses
weren't here when I moved
in," Mr. Noe said.
And now it's those neighbors
who built on Front Street long
after Mr. Noe had lived there,
that are complaining. And
he added that there is always
building and construction on
Front Street.
Once the boat is completed,
Mr. Noe said the houseboat will
be a great place for his family
to stay and a great boat to take
his grandchildren around in.
Mr. Noe hopes to have the
boat, which will end up costing
him about $100,000, completed
by July.

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