HomeMy WebLinkAbout23573_JONES CEMETARY HEIRS_19991026CAMA and DREDGE AND FILL
G E N E R A L,"3
PERMIT
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 15 NCAC
Applicant Name Phone Number
Address
City State Zip
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION SKETCH
Pier (dock) Length
Groin Length
number u `
Bulkhead Length A
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
Tkic narmit is citkia t t— rmml;or .:+k +4.:0 .,I:,..,+:,... :+ A
i-` E (_ - --, A C , �: �.__. (SCALE: rJ
and attached general and specific conditions. Any violation of these terms
may subject the permittee to a fine, imprisonment or civil action; and
may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
applicant's signature
permit officer's signature
issuing date expiration date
attachments
application fee
i
THE Attempted CEMETERY Land Grab
Yes: The Town of Mesic has filed with the General Court of
Justice, Superior Court Division a Declaration of TAKING (I have
a better word for taking- it starts with an 's') of approximately .41
acres or one fifth of The William Henry Jones family cemetery on
VANDEMERE CREEK.
One Church has been using this site for Baptisms for about a
century.
The Town's declared purpose is to build a wharf and to do other
cultural things.
The Town of Mesic's ownership of this property will lead to the destruction of trees,
dredging in the area, disturbance of clay and sandy soil, and siltation in the creek. It will
put a truck and trailer traffic load of about 50 equipments per day on the site. It will bring
about 70 persons per day to the area and each of them will be in area from two to eight
hours.
These people are basically good persons, but they will not treat the area as good as they
would treat their front yard. And ,The town has not stated that they will provide potable
water and sanitation facilities for the boaters and other visitors. They will need sanitary
facilities. There is other property nearby. Let us hope and pray that they will only use the
graveyard property for launching and retrieving boats.
Some callous drivers have already, due to heavy traffic in the area, resorted to driving
about 25 feet into the cemetery entrance in order to turn around and leave the area.
Should The Town win this Court Case, the quality of the water and
the life all things living in or near the water on Vandemere Creek
will be substantially degraded.
The Town of Mesic's estimated Just Compensation for this
Priceless Waterfront Property is $3,000.
What you should do .............
See page 2
FYI
Graveyard Land Grab (continued)
1 ... Discuss this issue with your neighbors and friends.
2 ... Call the first six persons below and tell them that you are
opposed to having a public water access or any other construction
on the Vandemere Creek Shoreline.
3... Call the County Health Officer, Mrs. Lassiter 745-5111, and
discuss with her the need for sanitary facilities. There should be
facilities capable of handling more than six homes. A creek can't
take the sanitation load as easily as the ocean waterfront.
4 ... Ask the environmental staff of the newspapers what they think
about the issue.
5 ... Give your elected representatives, the CAMA people, Mrs.
Moffit and Lt.Gov. Perdue your thoughts about this matter.
Telephone Numbers
Town Secretary Mrs. Wanda 011ison
7454171 and home 514 0204
Town Hall
7455445
Town's Attorney Mr. Derek Taylor
7260001
Mayor of Mesic Mr. Joe 011ison
7454937
County Commissioner Mr. Carl 011ison
7455670
County Manager Mr. Randy Beaman
7453133
Pamlico News
249 1555
New Bern Sun Journal
6388301
Senator Scott Thomas 919
7336275
Representative Alice Graham Underhill
6374174
Raleigh Office 919
7335776
Coastal Area Management Mr. Jones.
8082808
Coastal Area Management Mrs. Vinson
8082808
Dep. of Environmental Management Mrs. Moffit 919 733 2293
Lt. Gov. Beverly Perdue 919
733 7350
Prepared by Claud Carawan #249 1677
♦ Pamlico County ��2�� ��/�d jos
Mesic files to take
Lumber Landing
VIRGINIA BERGER
PAMLICO NEWS STAFF
The final act in a three-year-old
controversy concerning Lumber
Landing in Mesic is about to be
played out in court.
This month, the Town of Mesic
filed an action in Pamlico County
Superior Court against the heirs to
the Jones family cemetery, who
claim ownership of the historic
site, condemning the parcel for use
as a public park.
The town also deposited $3,000,
the amount stated in its complaint
as the land's fair market value, with
the clerk of court.
"We've been working on this for
a while," said Morehead City attor-
ney Derek Taylor, who is repre-
senting Mesic in the condemnation
proceeding.
"The process began when negoti-
ation failed but, in a case like this,
it takes some time to do research
and line up experts to value the
property."
Until mid-1998, the point of land
on Vandemere Creek at the end of
Mesic's Lumber Landing Road
was generally regarded as public
land and area residents enjoyed
unrestricted access to it.
According to local lore, the small
patch of shore has been known as
Lumber Landing since the time
when it was the site of a loading
dock from which area loggers
shipped their lumber out of the
county.
It is also said to have been a ter-
minus for a ferry that once plied the
waters between Mesic and
Vandemere.
Going back beyond living memo=
ry, the shady half -acre was also the
site where churches from Maribel
to Vandemere traditionally held
baptisms and sunrise services.
Until controversy erupted in
1998, it was the local swimming
and fishing hole and a popular
gathering place for young people.
In addition, until time and a suc-
cession of storms all but obliterated
the old loading dock, people often
tied their boats there.
Dissension was sparked when a.
small group of Mesic residents:
attempted to rebuild the loading-
dock
oadingdock and residents of an adjoining
parcel began complaining of
parked cars and noise at the site.
See LANDING, page All
Superintendent just
requested budget in
,,
VIRGINIA BERGER
PAMLICO!NEWS STAFF
In an"August-16°presentation to
the Schools -Community Advisory
Council, school superintendent
Julia Mobley offered an overview
cif the school budget.
"At this time the budget's on
everyone's mind," Mobley said.
"That's why we wanted to give you
a brief course in Budget 101."
First, she described the manner in
which the state determines allo-
eates funding.
"It's always a year behind." she
.aid. "Our enrollment last year
determiners what we get this.year."
Based on those figures, she said,
the state's basic allocation will
fund only 79 of the school's 155
.full-time and three part-time teach-
ing positions this year.
In the primary school, the state
I
one teacher for every 20
students in grades K-2, and one for
every 22.23 students in grade 3.
Fred A. Anderson Elementary
School gets one funded teacher for
every 22 students in grades 4-6.
At the middle school level, the
state allows one teacher for every
21 students in 7th and 8th ' Yrade
and one for every 24.5 students in
9th grade.
The high school gets state fund-
ing for a teacher for every 26.64
students.
The school system has been able
to do better than that because it has
been able to add more teachers
with other money it receives from
the state and federal governments.
as well as from the county.
As a result, the schools currently
employ one teacher for every 15
students in the primary school, one
for every 1 1 students at Anderson.
one for every 13 middle school stu-
dents and one for every 8 students
enrolled at the high school, for an
overall teacher -student ratio of one
teacher to 11.3 students.
The schools pay for the addition-
al teachers with such state and fed-
eral supplemental funds as a state
allowance for low -wealth schools
($208,378), special funds for at-
Lan ding
The new dock was removed by
order of the NC Division of Coastal
Management, which found too lit-
tle left of the old one to allow
rebuilding without a permit, but the
complaints continued.
At that point, the Jones family
heirs asserted ownership, claiming
that the land was included in the
tract set aside for a family cemetery
located nearby. A survey filed with
the condemnation proceeding does
label an area close to the land in
_question as "possible location of
grave sites - no headstones found."
In support of their claim, during
.the summer of 1998 the heirs post-
ed the landing and sank pilings
across its entrance, alleging that
vehicular and boat traffic were
eroding the shore.
Insisting that Lumber Landing
was public land, the town board
consulted with attorneys and
removed the barrier in November
of that year.
Before determining to take the
land, the town board tried to
resolve the stand-off by asking the
heirs to sell the 0.41 -acre piece of
land to the town. In letters written
December 1999 by attorney, Derek
Taylor of Morehead City, the town
offered the family $2,500 and also
urged each heir to look into the tax
advantages of ' donating Lumber
Landing for a public park.
When that effort failed, the board,
by resolution dated February. 8.
2000, decided to condemn the
property so that it could continue to
be used for recreation and public
access to the waterway.
According to NC General Statute
§40A -3(b)(3),. the town can take
the land under its power of eminent
domain. That power, the statute
states, gives it the right to condemn
"any property, either inside or out-
side its boundaries, for ... establish-
ing, enlarging, or improving parks,
playgrounds, and other recreational
facilities."
The heirs could dispute the
town's authority and .attempt,to
have the courts enjoin the ton
from taking the land.
Unless they -do, according to the
statute title vested in the town
when it filed the complaint and
deposited the purchase ,price with
the court.
The Jones family heirs could also
protest the $3,000 value placed on
the land, in which case the court
would set the price, based on its
value just before the condemnation
action.
The defendants have until
Ja"iT6ry 7, 2002 to, respond to the
complaint.
Cont'd from Front Page
Taylor said his firm is attempting
to serve all the heirs but will also
be publishing notice of the suit for
several week$ to assure that every-
one has been reached.
"We're being as liberal as possi-
ble because the town is very con-
cerned that anyone who may have
any interest in the property be
allowed to answer it."
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State of North Carolina
MICHAEL F. EAS'LEY I)epartment of Justice
ATTORNE_ ' GENERAL . O. BOX 629
RALEIGH
27602.0629
July 21, 2000
Jones Cemetery Heirs
c/o Claud Carawan
967 Lee Farm Road
Oriental, NC 28571
Re: Reinstatement of CAMA General Permit No. 23573-C
Dear Mr. Carawan:
��y
Reply to:
David G. Heeter
Environmental Division
Tel: (919) 716-6954
Fax: (919) 716-6767
dheeter@rnailjus,state.nc.us
mail.jus.state.nc.us
The Town of Mesic has voluntarily dismissed its request for a hearing to challenge the
issuance of CAMA General Permit No. 23573-C. This Permit is no longer suspended, and you
may proceed with the development authorized by it.
I thank you for your cooperation in this matter.
Very truly yours,
David G. Heeter
Assistant Attorney General
cc: Eugene B. Tomlinson, CRC
Donna D. Moffitt, DCM, Raleigh
harles Jones, DCM, Morehead City
Ted Tyndall, DCM, Morehead City
zol
I Il
JUL,
. �,�,.�• coasrAt
t State of North Carolina MopENEA pEMENr
MICHAEL F. EASLEY I)epartment of justice
ATTORNEY GENERAL P. 0. BOX 620 J" Reply to:
David G. Heeter
RALEIGH Environmental Division
27602-0620 Tel: (919) 716-6954
Fax: (919) 716-6767
dheeter@mailjus.state.nc.us
July 21, 2000
Jones Cemetery Heirs
c/o Claud Carawan
967 Lee Farm Road
Oriental, NC 28571
Re: Reinstatement of CAMA General Permit No. 23573-C
Dear Mr. Carawan:
The Town of Mesic has voluntarily dismissed its request for a hearing to challenge the
issuance of CAMA General Permit No. 23573-C. This Permit is no longer suspended, and you
may proceed with the development authorized by it.
I thank you for your cooperation in this matter.
Very truly yours,
.ti
David G. Heeter
Assistant Attorney General
cc: Eugene B. Tomlinson, CRC
Donna D. Moffitt, DCM, Raleigh
Charles Jones, DCM, Morehead City
ed Tyndall, DCM, Morehead City
III
m
JUN,-2010(TUE) 14 : 20
NELSON W. TAYLOR. 111
DERP)( TAYLaR
DEHNR COSTAL MGMT TEL:919 733 1495 P. 001
TAYLOR & TAYLOR
ATT0pNEr5 AND COUNSELORS AT LAW
610 AAKNOELL STREET
POST OFFICE ORAWER 30,27
MORENEA0 CITY. NORTH CAROLINA 20567
(2321 726.0001
June 9, 2000
The Honorable Sammie Chess, Jr.
Administrative Law Judge
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
RE:
Dismissal of Contested Case
Case Number - 00 EHR 0137
Torn of Nesic vs, north Carolina DeparLment
Natural Resources, Coastal Management
F,—& TfJl c CL
FACSIMILIE
1251) )2a•24311
EMAIL
lljlrinw@bmd-CI)O.com
Fyr_
Post -11* Fax Note
�- 7671 o®Te�O `20 GD P�Oe0 -7
To
Fram
ti
COJOept.
Phone #
Phone #
Fex 11
Fax M
Dear Judge Chess:
of Environment and
After several discussions with the local CAMA office and a review of
likely remedies which would be within your authority to grant should we
prevail in the above referenced matter, the Town of Mesic has determined
that further pursuit of our appeal is not cost justified. The primary
reason for our dismissal relates to the fact that the Town of. Mesic has now
determined that it will condemn the property at dispute and work with CAMA
toward removing any obstructions to the public's use of the property.
I greatly appreciate your attention to this matter. If you have any
questions, please contact me at the number above. By copy of this letter
and the attached voluntary dismissal, I am informing the North Carolina
Department of Environment and Natural Resources, Coastal Management
Division, the Attorney General's office, and the attorney representing the
permittee. Please return one of the voluntary Dismissal to our office in
the enclosed envelope after it has been properly stamped.
Sincerely yours,
��.��� � RECEIVED
Derek Taylor OFFICE OF CFP.-F.V1 COUNSEL
��' ' •� )' S 2UC0
pd t:
Enclosures
xc: Ms. Kim Hausen, Chief Hearings Clerk ENVIRONMENT HEALTH
Office of Administrative Hearings 4ND NATURAL RESOURCES
xc: Secretary William E. Holman
North Carolina Department of Environment and Natural resources,
Coastal Management Division
Attention: Daniel F, McLawhorn
xc: Mr. David G. Heeter RECEIVED
Attorney General's Office
xc: Mr, Donald S. Higley, II
Ward & Smith, P.A. JUS 2 O zOOO
COASTAL MANAGEMENT
JUN. -20' 00 (TUE) 14:20
DEHNR COSTAL MGMT
STATE OF NORTH CAROLINA
COUNTY OF PAMLICO
TOWN OF MESIC,
Petitioner,
V,
N.C. DEPARTMENT OF ENVIRONMENT
and NATURAL RESOURCES, COASTAL
MANAGEMENT,
Respondent,
TEL:919 733 1495
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0137
VOLUNTARY DISMISSAL
WITHOUT PREJUDICE
P, 002
NOW COMES the petitioner, through its undersigned counsel. of
record, and voluntarily dismisses she above captioned matter
without prejudice.
This the 9'-" day of June, 2000,
TAYLOR & TAYLOR
Attorneys at Law
By
Derek Taylor'
Attorney for Petitioner
610 Arendell Street
Post Office Drawer 3627
Morehead City, NC 28557
Telephone; (252) 72.6-0001
RECEIVE®
OFFICE OF GENERAL COUNSEL
I5 2000
ENVIRONMENT HEALTH
4ND NATURAL RESOURCES
JUN.-20100(TUE) 14:21 DEHNR COSTAL MGMT TEL:919 733 1495 P. 003
-2-
CERTIFICATE OF SERVICE
This is to certify that the foregoing Voluntary Dismissal_
Without Prejudice was this day served upon the attorney of record
.for the defendant by depositing same in the United States Mail,
postage prepaid, at Morehead City, North Carolina, addressed as
follows;
Ms. Kim Hausen
Chief Hearings Clerk
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Secretary William E. Holman
N.C. Department of Environment
and Natural Resources
Coastal. Management Division
Attention: Daniel F. McLawhorn
51.2 North Salisbury Street
Raleigh, North Carolina 27611
Mr. David G. Heeter
Assistant Attorney General
Attorney General's Office
Environmental Division
Post office Box 629
Raleigh, North Carolina 27602-0629
Mr. Donald S. Higley, 11
Ward & Smith, P.A.
Attorneys at Law
Post Office Box 8088
Greenville, North Carolina 27835-8088
This the 911' day of June, 2000.
OFFtCEROF ECENEO VSEL
. 1"\1 15 2000
ENVIRONMENT HEALTH
AND NATURAL RESOURCES
TAYLOR & TAYLOR
Attorneys at Law
By. —zLeqvo
Derek Taylo
Attorney for P titioner
MICHAEL F. EASLEY
ATTORNEY GENERAL
Jones Cemetery Heirs
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27602-0629
November 17, 1999
NOV 2 2 1999
COASTAL MANAU:GMr-Im
MOREHEAD
REPLY TO: Daniel C. Oakley
Environmental Division
doakley@mailjus.state.nc.us
us
Telephone: 919!716-6600
Fax: 919n 16-6767
CERTIFIED MAIL
c/o C. Carawan RETURN RECEIPT REQUESTED
967 Lee Farm Road
Oriental, NC 28571
RE: Suspension of CAMA General Permit No. 23573-C
Dear Mr. Carawan:
The Chairman of the Coastal Resources Commission has received a request for an
administrative hearing to challenge the issuance of CAMA General Permit No. 23573-C to the
Jones Cemetery Heirs. (A copy is enclosed.) Under N.C.G.S. § I I3A-121.1, the CAMA permit
is automatically suspended upon receipt of a hearing request and remains suspended until either:
1. the Chairman denies the hearing request (under standards set out in the statute); or 2. there is a
final Coastal Resources Commission decision on the permit appeal. As a result, no development
may be undertaken under the permit until further notice.
The Division of Coastal Management will prepare a recommendation for the Chairman on
whether to grant or deny the hearing request. The Chairman must make a decision within 15 days
after receipt of the hearing request - in this case no later than November 30, 1999. If you wish to
submit any materials for the Chairman's consideration in ruling on the request for contested case
hearing, please send them to me at the letterhead address or by FAX to (919) 716-6767 as soon
as possible.
Very truly yours,
A9 e-oup
Daniel C. Oakley
Senior Deputy Attorney General
DCO/jlb
Enclosure
cc: Eugene B. Tomlinson, Chairman
Donna D. Moff t, Director
David G. Heeter, Assistant Attorney General
Charlie Jones, Assistant Director
Ted Tyndall, District Manager
epl36644
PETITIONER'S NAME Town of Mesic THIRD PARTY
REQUEST ON
COUNTY Pamlico CAMA PERMIT DECISION
FILE NUMBER
PLEASE TAKE NOTE that the undersigned, a person affected by the
decision of (Check one):
X a Local Permit Officer acting on a CAMA Minor De-
velopment Permit application; or
the Division of Coastal Management, Department of
Environment and Natural Resources, acting on a CAMA
Major Development Permit application or CAMA Gen-
eral Permit application
hereby requests permission from the Coastal Resources Commission to
file an appeal pursuant to N.C.Gen.Stat. §113A -121.1(b) and
N.C.Admin. Code tit. 15A, r. -7J.0300. A copy of our notification
of the decision is attached hereto.
In support of this Petition the petitioner shows:
1. Pursuant to North Carolina General Statute 113A -
121.1(b)(1) the decision in this matter is contrary to statute or
rule. The Town of Mesic has for some number of months been at odds
with the `Jones Cemetery Heirs," the permittee of the above refer-
enced permit, regarding the rights of the public, by prescriptive
easement, to traverse the land of the permittee for access to the
public navigable waters of Vandemere Creek in Pamlico County. The
conflict between the two parties has escalated to the point that
the Town of Mesic has approved condemnation proceedings to acquire
the property at issue. It is our contention that the permittee
(Jones Cemetery Heirs) is placing riprap along the shoreline not to
protect the beach area but rather to create an impediment to public
access to the public trust waters. There have been a series of
activities on the,part of the Jones Cemetery Heirs to obstruct the
public's access to the water and in each case, the Town has taken
action to remove those obstructions. The Jones Cemetery Heirs
application for permit should have been denied because the area at
issue is clearly one of those "areas covered by G.S. 113A -
113(b)(5)" and the permitttees' placement of riprap along the
shoreline of Vandemere Creek "will jeopardize the public rights or
interests specified in said subdivision." North Carolina General
Statute 113A -113(b)(5) describes those public right areas as "areas
such as waterways and lands under or flowed by tidal waters or
navigable waters, to which the public may have rights of access or
public trust rights, and areas which the State of North Carolina
may be authorized to preserve, conserve, or protect under Article
XIV, Section 5 of the North Carolina Constitution." The area at
-2 -
issue in this permit is a shoreline which abuts the navigable
waters of Vandemere Creek. This shoreline has been used for over
50 years by the general public for recreational, religious, boating
and fishing purposes. The riprap now being placed upon the shore-
line is clearly an obstacle to these historical uses by the public.
2. The Town of Mesic is directly affected by the decision to
grant the permit in that it has expended resources to clean,
maintain and to provide access to the area affected. The area is
so significant for public access to public trust waters that the
Town of Mesic has begun proceedings under its authority of eminent
domain to condemn the property and establish it as a public park.
3. It is the opinion of the Town of Mesic that the permittee
desires to create obstacles to the historic public use of the
property at issue and to increase the cost to the Town of Mesic for
creating a public park providing use of and access to the navigable
waters of Vandemere Creek. The Town of Mesic can produce witnesses
and documents which confirm the continuous use of the property at
issue for a period of over 50 years. In addition, the Town can
present evidence that the permittee attended Town meetings where
discussions of the Town•'s exercise of its authority of eminent
domain were to be utilized for obtaining the property and that such
meetings occurred before the permittee applied to CAMA. Further
evidence will be presented that local CAMA representatives were
informed of the Town's prescriptive easement over the property at
issue, that the applicant/permittee has previously placed obstruc-
tions to the public access and in each case the Town has removed
those obstructions, and that recent actions on the part of the
applicant/permittee indicate a purposeful intent to thwart the
public access to the waters of Vandemere Creek.
Based on the above factors, the undersigned hereby requests a
Third Party Hearing.
This the 12th day of November, 1999.
TAYLOR & TAYLOR
Attorneys at Law
By:
Dere . Taylor
Attorney for Pe itioner
610 Arendell Street
Post Office Drawer 3627
Morehead City, North Carolina 28557
Telephone: (252) 726-0001
-3 -
CERTIFICATE OF SERVICE
I hereby certify that this Third Party Hearing Request has
been served on the State agencies named below by depositing
copies of it with the United States Postal Service with suffi-
cient postage for delivery by first class mail or by personally
delivering copies to the named agencies,
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1639
and a copy served on: Attorney General's Office
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
This the 12`h day, of November, 1999.
By:
RECEIVED
U `f 199q
N.C. ATTORNEY GENERAL
Environmental Division:
TAYLOR & TAYLOR
Attorneys at Law
Derek Taylor`
Attorney for Pet tioner
CAMA
-5 gore,—*4
November 2, 1999
Mr. James Cooper
Mayor, Town of Mesic
256 Park Avenue
Bayboro, NC 28515
Dear Mr. Cooper:
This correspondence is to notify you that the North Carolina Division of Coastal
Management issued a CAMA General Permit to the Jones Cemetery Heirs (c/o Claud Carawan)
on property located at the end of Lumber Landing Road (SR 1226), adjacent to Vandemere Creek,
in the Town of Mesic, Pamlico County. The proposed project involves the installation of
approximately 160' of rock riprap for shoreline stabilization.
The North Carolina Division of Coastal Management (DCM) is aware of the controversy
regarding the aforementioned property. Therefore, as a courtesy to the Town, we are notifying
you of our action. The DCM has consistently taken the position that a question of ownership is
an issue for resolution by the General Courts of Justice, not the Coastal Resources Commission.
Therefore, since the applicant provided this office with a document showing prima facie
ownership, the permit application was processed and the permit subsequently issued in accordance
with the rules consistent with 15A NCAC 0711.1100 -- General Permit for Construction of
Bulkheads and the Placement of Riprap for Shoreline Protection in Estuarine and Public Trust
Waters. The permit was issued on October 26, 1999.
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environment and Natural Resources within 20
days of the permit decision. If you have any questions regarding this matter, please don't hesitate
to contact me at my Morehead City Office (252--808-2808).
Sincerely,
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Scott Jones - Field Representative, DCM
North Carolina Department of Environment and Natural Resources James B. Hunt Jr., Governor • Wayne McDevitt, Secretary
Division of Coastal Management . • Donna D. Moffitt, Director
Morehead City Office • 151-B Hwy. 24 / Hestron Plaza fl Morehead City, NC 28557 • Phone 252-808-2808
CLAUD W CARAWAN JR
—
1464
—CiLrMWrCARAW`A
PH 252-249-1677 _ ..-_:_ -_
66-152/531 CC.: _ =
= 967 LEE FARM ROAD
ORIENTAL, NC 28571
n
Date 0c,
-- —
—Pay To The y --- — —
�OrderOf D�
__. _
— a
_
/V O.
Dollars e-o-i ii onati k v j' ;:
`= Wachovia Bank, N.A.—
--Nuybum, NC 28515
-1:053 L0L5291: 0781
HARD ND 1938
202917u' 1464
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
TO: Mary Penny Thompson
JAMES B. HUNTJR. Associate Attorney General
GOVERNOR
FROM: M. Ted Tyndall A
DIVISION OF COASTAL MANAGEMENT
WAYNE MCDEVITT SUBJECT: Lumber Landing Road Dispute and Request for Placement of Rock Rip
SECRETARY Along the Shoreline -- Town of Mesic, Pamlico County
DATE: March 8, 1999
DONNA O. MOFFITT This is the property ownership controversy that I mentioned to you during the
DIRECTOR regulatory staff meeting several months ago and again at the staff retreat in
Wilmington on February 24. If you recall, I gave you a packet of material at the
retreat (e.g. deeds, riparian statement, rip rap request, etc.) for your review. This
memo also serves as a follow-up to my e-mail of March 1, 1999 where I suggested
that you hold off on any opinion on the subject pending the arrival of this formal
request and associated material. Therefore, I have enclosed the attached documents
and newspaper articles as background information for your consideration.
Just to ensure that nothing had changed since the newspaper articles were written, I
spoke with a member of the Town of Mesic today and he assured me that the Town
is indeed claiming some ownership rights over the property. Therefore, if you
would, please provide me with advice in regards to how we should proceed with any
permit action for the rip rap proposal at the site. It was stated in Donna Moffitt's
December 22, 1998 letter to Mr. Wollerton (property caretaker), that clear ownership
must be evident prior to any permit action by the Division and I'm not sure that this
is the case.
So when you get a chance, let me know how and where we should proceed when you
get a chance. Thanks again for all your assistance.
ATTACHMENTS
cc: Charles S. Jones - Assistant Director
Scott Jones - Coastal Management Representative
MOREHEAD CITY OFFICE
HESTRON PLAZA II 151-B HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE 252-808-2808 FAX 252-247-3330
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10q POSTCONSUMER PAPER
�� .47
Mr. Claud W. Carawan
.� 967 Lee Farm Rd.
Oriental, NC 28571
2 February 1999
Memo to Mr. Ted Tyndall:
As you suggested, I am furnishing five (5) deeds and the appropriate " We have no
objection to the use of rip/rap form" signed by adjoining landowners.
The deeds and their purpose are:
Book #34, page 519 and 520 dated 3/12/1890
Drawn by Alexander Jones to W. H. Jones That deed conveyed substantially all
the land between A. D. Lincoln's Line and the Dowdy Lane on my hand drawn map. The
deed mentions Sanderlin's heirs. I have since heard that it was Sanderlin Jones' heirs. I
haven't been able to find any reference to Sanderlin and Sanderlin Jones in the tax and land
records, but I am not a title historian.
Book 81, page 489 and 490 dated 1/2/1925
Drawn by W. H. Jones and Lizzie as opposed to making a last will and testament.
The Third Tract in the middle of page 489 is the parcel labeled on my map "Troy Potter,
Jr." . It is nearest to NCSR 1225. That parcel has been passed around in the family about
three times. Troy, Jr. , the present owner, is my second cousin.
The Second Tract near the top of page 490 is essentially the balance of the land that was
conveyed to W. H. Jones in the earlier 1890 deed. If you switch back to page 489 you see
that this property was conveyed to Nancy Carawan. There are four reservations in this
deed. They will be discussed later.
The property in these two tracts was intended to be for all the land that W. H. Jones had
purchased from Alexander Jones in 1890.
Book 97, page 241 dated 2/2/1940.
This conveyance to C. W. Carawan by the Pamlico Chemical Company of one -
half acre was to cover the S. F. McCotter warehouse lot exception in the deed next above.
Book 98, page 536 dated 10/7/43
This Conveyance by D. C. McCotter of a one-eighth acre lot was to satisfy one of
the exceptions listed in the second deed listed above
Book 105, page 621 dated 7/23/1948
This deed by Desbor and Ruby Fodrey to C. W. Carawan and Nancy Carawan is
included to account for the total property in the quadrangle. We do not propose to do any
rip/rapping on the shoreline of the property in this specific deed. That shoreline is marsh.
I
A
The other two reservations on the deed registered in 1925 are The Alex Jones Cemetery
and the W. H. Jones Cemetery. They are marked on the map. Burials in the Alex Jones
Cemetery commenced, I believe, prior to 1890, and in the W. H. Jones Cemetery, again I
believe, prior to 1900. One of the stones in the W. H. Jones Cemetery is for a person that
died in 1902.
Concerning surveys. The Alex Jones Graveyard was surveyed in about 1933. I don' think
that markers from that survey are in place, and I don't think that the survey was registered.
The Lozcia property was surveyed by the buyer. Mr. Lozcia has said that he has a copy of
the survey. The Wollerton property has been surveyed -I suspect -several times. The places
to be rip/rapped are not near the A. D. Lincoln line nor the Dowdy Lane.
Concerning Wills: You forgot something, but if your AG is worth his salt he /she will want
to see the following:
The C. W. Caravan and/or Claud Carawan in any of these deeds was Claud W. Carawan,
Sr. Claud W. Carawan, Sr. died intestate in New Bern, Craven County.NC 1/15/1979.
His children were Claud W. Carawan, Jr. , Helen Carawan Corpeno, and Bruce B.
Carawan. The Nancy Carawan in these deeds was Nancy Jones Carawan. She died in
New Bern, Craven County, NC on 12/2/1989. Her will,among other things, provided that
all her real estate in Pamlico County would pass in equal shares to her children, Claud W.
Carawan, Jr., Helen Carawan Corpeno, and Bruce B. Carawan.
Bruce B. Carawan died in Franklin County, Florida on 5/5/1997. Section IV of his Last
Will and Testament states that he gives to his nephew, Frank W. Beach III of Arlington,
VA, his one-third interest in the Lumber Landing Tract in Mesic, N. C.
Mrs. Nancy Jones Carawan's estate was settled in Craven County. A copy of the settlement
was furnished to the Clerk of the Court of Pamlico County.
I believe that a copy of Bruce B. Carawan's last will and testament has been furnished to
Hollowell & Hollowell, Attorneys, Bayboro, NC.
I have done a title search. W. H. Jones did not convey the W. H. Jones graveyard to
anyone between 1925 and his death in 1938. The Clerk of the Court, Pamlico County,
advises that there was no settlement of any W. H. Jones' estate in the 1930'x.
The number of "no objection" forms may seem large to you, but remember you or I may
decide that rip/rap will be applied somewhere on the shoreline of both the Carawan and
W. H. Jones properties, and remember I don't want to be short of forms on the day that the
permit(s) are to be issued.
Claud W. Carawan, Jr. .
Mr. Claud W. Carawan
967 Lee Farm Rd.
Oriental, NC 28571
i
.A.
RECORD OF DEEDS: 34
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RECORD OF DEEDS 94
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RECORD OF DEEDS' 97,
E ]
STATC 0! NORTH CAROLII[A
COUM OT PAIQ.ICO
The foregoirg certificates of the fbllowiestt
Maud Talker Notary Public of Pamlico County, No Cop Rosa Caraways Notary PublU of j
Craven County, N. 6., I'veiyn Thomas, No Public of Moore County, N. C., Thomas Bray,
Nota- Public of Moore Count yy N.CT Ella b. Davis Notary Public of Carteret CountX. C. J
Nt. So Hutchanson Clark Circuit Court of City of Boyy dten, Va. Whey Goldstein, Notary
Public of Citof Norfolk Va., are adjudged to be correct. It the inetrumeat, with► this
cartificatei L registered.- 3
Witness my hand, this 10 day of Teb., 1940•
CLERK M CVUHT
Tiled for registration at 1As18 o'clock -A. No this the 10th day of Tebruary, 19409 and �
rsgiatered.
eg s er oT nce-
• o _
ssssssssssssssssssssssssssssiiisuss:ssiii:ssssssss::ssss:sestssesssssssss:,sees:::mss::ss
NORTH CAROLINA
PA)a.ICO COUNTY
KNOW ALL M BY IHSS! FMCSiT9, that PAMLICO CHEMICAL, COMPANY of BSAUPORT COtWffo
NORTH CAROLr?A, for diversgood causes and considerations us thereunto movbW and more
particularly for ?M($8.00) DOLNARS, received of C. V. CARAVAN, hkng romisea, released
and forave{ quitclaim unto the said C. W. CARAVAN and to his heirs and asst to his and
their ,only proper use and behoof torever, the following described tract of lands
mmr* at an oak on the north side of Lumber Landing Road, and running a west-
wardly com ms with a branch to Vandemere Creek; thence a BJuthwardly course down Vhndemere
.0reek to a branch beintt the dividing line between D. C. Vz:Cotter Warehouse lot and Pamlico
CY-%nical Company Lot, thence up this branch to Lumber Laming Road; thence with the road to
Oil IIMIN INO Being the warehouse Lot of Pamlico Chemical Company and containing one-half
i4re, more or leas.
C. W. CARAVAN to pay all back taxes*
i
TO HAVE AND TO HOLD the above released premises unto his, the said C. V. CARAVAN,
his heirs and assigns, to his and their only proper use and behoof forever•
IN WITNESS WHER" said PAMLICO MtWCAL COMPANY hu caused these proceedings to be
signed iq its name by its President and its Corporate seal to be hereto affixed and attest -
e4 by its 3ecretary,.all by authority of its Board of Directors duly given this the `day
of December, 1938.
BY -11 -Nr. COV411
ATTESTS PRESIDENT
SECRETARY
v
NORTH CAROLINA
B&AUirORT COUFff
THIS 8th da�r of December 1939 personally ease before sues Jack V. Bells a Notary
Public of Beaufort Connty, Z. d. ;;;4ingt2 secretary, who,, being by me duly sworn, says that
he knows the common seal of the PAMLICO CMaCAL COMPANY, and is acquainted with C. T.
Cowell, who is the president of said compwTl and that he, the said S. 0. Herdln4, is the
Secretary of said Company and that he saw the said president signs the foregoing instruunt,
and saw the Common Seal of said Company affixed to said instrument by said president, and
that he, the said S. O. Harding, signed his name in attestation to the execution of said
instrument and. in the presence of said president of said company.
WOW= my hand and .notarial seal this the Sth day of December, 1939.
(Notarial.3eal) crack (4EAL)
Nay commission expires July 14, 1941. Notary Public
NORM CAROLINA j
PAMLICO COUM '
The foregoing certificate of Jack V. Beil, a Notary Public of Beaufort County, State
of North Carolina, is adjudged to be correct. Let the instrument, with the cest.-ificate, be
registered.
Witness my hand and official seal, this the 2 day of Tabo, 1940.
I,H. Miller
CI Lar Supkmioa COURT
Tiled for registration at 11,60 o'clock A. We this the 2nd day of February, 19409 and
registarsd•
Sponegr
Register or Dee
RECORD OF DEEDS„ 81 i
�MI@IO
489 1
I
' NORTA CAROLINA, Pamlico County.
I, J. P. Woodard, Clerk Superior Court, do hereby certify that W.H. Jones and
4 wife Lizzie, personally appeared before me this day and acknowledged the due execution of
the annexed Deed of Conveyance, and the said lazzle Jones, being by me privately examined,
6 separate and apart from her said husband, touching nor voluntary execution of the same.,
doth state that she signed the same freely and volti.ntarily. without fear or compulsion
t of nor said husband, or any other person, and that she doth still voluntarily assent thereto.
Let the some, with thio certificate Be registered.
witness my hand and official seal, this the let day of January 1926.
J. P. Woodard, Clerk Superior Court.
Filed for registration at 10 o'clock A.Y. Jan. 2, 1926 and registered.
J. Alfred kayo, Register of Deeds.
:ssssttsttseer:s:istssiitssstss:::ssssstt:is:islti:tl:esti:sisssts:sssssstsssssssssstssstttt
NORTH CAROL114A, Pamlico County.
s THIS DIs'ED, Made this the blot day of December IV24, by W. Is Jones and wife Liasie,�
parties of the first part to W.H. Jones, Jr., party of the second part!
WITt1ESSE.TH: That for and in consideration of natural love and affection which the
said first parties have bargained and sold, and by these prevents do bargain, sell and convey;
to the said second party, hie heirs and assigns in fee -simple, reserving unto the said firet
parties, a life.estate for end during the period of their natural lives, in and to the
t following described tract or parcel of land, situate in No.3 Township, Pamlico County, North
Carolina, descriged as followa:
FIRST TRACT: Beginning at S.M. Jones Southweut corner, running thence with his
line North if West about lQbV feet to the Roper Soutnei.et corner, thence South 83 West with
i the Roper line to the Northwest corner of the Abbott tract, thence South 7 :Gust 103b feet, P
thence North 83 East to the beginning, containing fifty (b0) acres more or lose.
BECO14D TRACT: Beginning at the Nortneost corner of the Moses Smith tract, it
also being the Southeast corner of the Y. M. Dowdy tract, in the center of a ditch, runs
thence Eastward with the center of avid ditch to the Jumee Riggs line, thence Southw rdly
with the various courses of the s.id James Riggs line to W.K. Jones line, thence Southwardly
with W. K. Jones line to S.R. Meals' line, thence with the various courses of said Mesio'
line to the public Highway, thence Westward with said Hignway.to the Ben,). Squire line, p
thence Northwardly with the Beni. Squire line to the Moses Smith line, thence with the Moses
Smith line to the beginning, containing Yourty (40) acres more or lees.
THIRD TRACT: Beginning at the Nortnwent corner of the U. W. Daniels line, running '
thence Southwardly with the F.M. and Jesse Dowdy line to the Daniels Leading Ditcn, thence
Eastrardly with said ditch to the inter-eeetion of A.D. Linsoln's line, thence Northwurdly
with A.D. Lincoln's line to the Main Road, thence Westwardly with said Road to the beginning,`,
containing six (6) acres more or lose.
TO HAVE AND TO HOLD the said tract of land unto the said second darty, nis heirs
and assigns in fee -simple, reserving unto the said f1ret parties for and during the term of
their natural lives a life estate in and to the said land.
The said. parties of the first part covenant to and with the said second party
that they have a right to convey said land, and that the same is free and clear from all
incumbrances whatsoever, and that the said parties of the first part, reserving unto them-
selves for and during the term of their natural lives a lire estate in and to said lands,
warrant and defend the title to same against the lawful claim of all persons wnomeoever.
IN TF STIYONY WHEREOF, the said parties of the first part do hereunto eat tneir
hands and seals.
W. H. Jones SFAL
Lithe Jones SEAL;
NORTH CAROLINA, Pamlico County.
I, J. P. Woodard, Clerk of the Superior Court, do herepy certify that V. H. Jones
and wife Lizzie Jones, personally a ppearad before me this day and acknowledged the due ex-
ectitioD of the annexed Deed of Conbeyance, and the said Lizzle Jones, being by the privately
examined., separate and apart from tier said husband, touening her voluntary execution of
same, doth state that one signed the same freely and voluntarily, without fear or compulsion
of her said husband, or any other person, and that one dotn still voluntarily aseent tnereto.'l
i Let ttte cams, witn tale certificate, be registered.
Witneee my hand and official seal, this the let dµy of January 1928.
J. P. Woodard, j
Clerk Superior Court.
Filed for registration at 10 o'clock Jan. 2, 1926 and registered.
J. Alfred Mayo,
Register of Deed@.
:t::::ilii22::lS:t2Sitf:ii::ltiiii!!!ll.tfiiltt!l:itiltiti2titttt::iSli,:ifi!!l222t1tiiifittt
`NORTH
6�r
CAROLINA, Pamlico County.
I THIS I1PFD, Bade this the 31st day of December 1924, by W. H. Jones and wife
i Lizzie, parties of the first part to Nancy Carawan, party of the second part:
love and affection which
4 WIThZSSETHt That for and in consideration of natural
the said first parties have and bear to the said second party, the said first parties Rave
bargained and sold, and by these presents do bargain, sell and convey to the said second
party, her heirs and assigns in fee -simple, reserving unto the said first parties, a life
k'
J estate for and during the period of their natural lives, in and to the following described
F';
9 tract or parcel of land, situate in No. 3 Township, Pamlico County, North Carolina, dee-
x- r ��
cribed as follows:
d FIRST TRACTi Beginning at the Northeast corner'of Moses Smith land; it being the
f -1
Southeast corner of F. M. Dowdy and Northwest corner of W.H. Jones, Jr., line, runs thence
Farm Road,
y Northwurdly with the Westward side of the ditch to the Southward aide of the
Riggs land, thence Southwardly with the
thence Eaetwardly with the said Road to the James
W. H. Jones, Jr., line, thence Westwardly with the W.H. Jones Jr.,
James Riggs lane to
-,. ":S
'
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RECORD OF DEEDS 81
line to the beginning, containing Fourty (40) acres more or less. It being the intention of the'
said parties to except a right-of-way for a oart road,as now constructed in use acroue said land.
SECOND TRACT: Beginning lit W. E. Jones Jr., Southwest corner (f the Daniels and on the
Southward ulde of the Daniels Leading Ditch, running thence Southwardly with the Dowdy line to
Vandemere Creek, thence down Vandemere Creek to A.D. Lincoln's line, thence Northwardly with
A. D. Lincoln's line to W.H. Jones Jr., line, thence Westward with his line to the beginning,
containing Fifteen (15) acreu more or less.
The parties of the first part hereby reserve and except from the above described tract
the following lands, vizi
Baginning at an iron otob on the Eastward side of the Lumber Landing Road, at the
head of a Brunch, it being the Southward aide of Nancy Carawan Lot, thence with oaid Branch East.
ward to A.D. Lincoln line, thence Southward with A.D. Lincoln's line to Vandemere Creek., up said
Creek to Lumber Landing Road, thence Northwardly with said road to the beginning, containing
Two (2) acres more or lees.
The said parties of the first part hereby also reserve and except the Jones Grave Yard
and the S. F. and D.C. McCotter warehouse lots.
,/This deed of gift is intended i.s a partition of the real-estate of said first parties,
it Yeing the intention of said first parties to assign and eunvey to the said second party, the
one -Sixth interest In all the real estate now owned or hereafter to be acquired by said first
parties. It being considered by said first parties that the land described herein imbrasses
one-sixth in vale of all the real estate now owned or hereafter to be acquired by the said first
parties.
The acceptancd of this deed of gift is to be in full satisfaction and to be considered
as a waiver of the second party to ask for the assignment of any further interest in the real
estate now owned or hereafter acquired by said first parties.
TO IIAVL AND TO HOLD the said tract of land unto the said second party, her heirs and
assigns in fee -simple, reserving unto the said first parties for and during the term of their
natural Uvea a life estate in and to the said land, and the further exception reserved herein.
The said partios of the first part covenant to and with the said second party, that
they have a right to convey said land, and that the same is free and clear from all incumbrances
whatsoever, and that the said parties of the first part, reserving unto themselves for and dujring
the term of their natural lives a life estate in and to said lands, w:.rrant and defend the title
to same againut the lawful claim of all persons whomever.
IN TESTIMONY W]WItHOF, the said parties of the first part do hereunto set their hands
and seals.
W. H. Jones(SEAL)
Lizzie Jones (SEAL)
NOIiTH CAROLINA, Pamlico County.
I, J. P. Woodard, Clark of the Superior Court, do hereby certify that W. H. Jones and
wife Lizzie, personally appeared before me this day and aeknowludged the due'exacution of the
annexed Deed of Conveyance, and the said Lizzie Jones, being by me privately examined, separate
and apart from her said husband, touching her voluntary execution of the same, doth state that she
signed the sauna freely and voluntarily, without fear or compulsion of her said husband, or arty
other person, and that she doth still voluntarily assent thereto. Let the same with this certiLiate
be registered.
Witness my hand and official seal, this the let day of January 1925. ,
J. P. Woodard, Clerk Superior Court.
Filed for registration at 10 o'clock A.Y. January 2, 1925, and registered.
IJ. Alfred Mayo, Register of Deeds.
Ii:.:i,i:....:i:..:i:.,i:i:.., .:i:.......................if:ii:..........,i:........,iii:.
j NORTH CAROLINA, Pamlico County.
THIS DKED, Made this the 31st day of December 1924, by J. Y. Bland and Rosa Bland,
of Craven County, State of North Carolina, parties of the first part to A. J. Jones, of Pamlico
County, State of North Carolina, party of the second part,
WITNLSSETH: That said parties of the first ,.urt In consideration of Twelve Hundred
Fifty (,,91250.00) Dollars, to them paid by the party of the second part, the receipt of which is
hereby acknowledged, have bargained and sold, and by the.se .presents do bargain, sell and convey
to said A. J, Jones his heirs, a certain tract or parcel of land in Pamlico County,,State of
North Carolina, described as follows, viz:
Beginning at A. J. Jones Southwest corner, running thence South 82* West about 400 feet
opocite the Sixth Ditch from the Morrie Canal, thence a direct line to the center of the aaid Sixth
Ditch, thence with the center of said ditch to the Center Road, thence across said road to the
center of the Road ditch, thence Eastwardly about four feet to the inter -section of another slips
ditch, thence Northwardly with the center of said ditch to the John L. Roper Lumber Company line,
thence North 82 East about 420 feet to A. J. Jones line, thence Southwardly with said Jones line
to the beginning, containing Thirty (30) acres more or lees.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and ap-
purtenances thereto belonging to the said A. J. Jones, his heirs and assigns, to his only use and
bohoof forever.
And the said parties of the first part covenant tiA th *aid party of the second part his
heirs and suslgne, that they are seized of said promisee in fee, and have right to convey the same
in fee -simple; that the same are fees and clear from all ineumbraneee and that they will warrant
and defend the said title to the same against the claims of all persons whomsoever. Excepting
the life estate of W.H- Jones and wife Lizzie Jones.
1F u•rTpTSS unmitFOF, the Bald parties of the first part have hereunto set their hands
end seals, the day and year above written. ,
J. Y. Bland (SEAL)
r•
Yrs. Rosa Bland ((SEAL) j
NORTH CAROLINA, Pamlico County.
I, J. P. Woodard, Clerk of the Superior Court, do hereby certify that J. M. Bland
and wife Rosa Bland, personally appeared before me this day and acknowledged the due execution
of the annexed Deed of Conveyance, and the said Rosa Bland, being by me privately examined,
separate and apart from her said husband, touching her voluntary execution of the san-a, doth
state that she signed the same freely and voluntarily, without fear or compulsion of her said
husband, or any other person, and that she doth still voluntarily assent thereto. Let the same
With this certificate be registered.
Witness my hand and official seal, this the lot day of January 1925.
N
• t I ,ie•y r.yutrtv,t�Y�l,avls» ,rp,x �tiMhry 1 +(�:'ra t � tt-•YN#e9'tP�'41f�"twi.4Y+ h'M, *�H
RECORD OF DEEDS 98
� ... ,_ . �_ ,._tom..•_.
536
STATE OF NORTH CAROLINA—PAMLICO COUNTY
THIS DEED. made this-_22th -------day of___ AttkuPtl--------------- 19_/•3--, by----------------
D. C. bteCotter Sr. and wife Leona M. fie Cottor
---------- - -- -- - ----- ------------------------------------------ ------------------------------------------
ef----_-- }t$na ice --------------------------------County and Stall of ----- a39T_th_ C�ro�ine --------------------------- of the first part, to
C. if. Cnrawnn and wife lln,tcy Carawan
PnnliCD 1lnrth Carolina __________, of the second part:
wf.------------------------------------------------Conal and State of.-- --------------------------------------
WIThF.SSETH. That said ------ parti.en -0 f the r -rat part for and
! e00000000TF11 ((:10 00 000000000000eoo0oo0u
In eon,ideraeinn of ------ rr rott►!tr rO'nre IV- c!lunarrrntton8----------- --------------------------------------- Dollars, to
--------- ttcl°------------ paid by---_--i+l i d _son rtx_ of _ th e_ a econil _l;n rt -------------------------------------------------- -------
the receipt of which is hereby acknowledged, ha_ VB.._. bargained and sold, and by these presents do --------- _ bargain, sell, and convey to aN
_ pnrticn of the second part their _ ____heln, • certain tract or parcel of land la
---------------------------•------------ --------
_.-----P1LMUCO___________ ___Cmtoty, State of ----Borth- Carolina- -------------- adjsinfeg the ieads 11MI Sorjaor)j__beta
._tv Ji —!,:'_ ibtrniti! --------------------------------------------------------------------------------- and others, bounded as follows, vias
Ae�tnning
at the puhlie road (known as the Lumber Landing Road) on VandemerP Creeks running
liorthwnrdly with said Vandenere Creek 23 yards to an iron stake opposite an old dedar tree; thence
R" imo twnrdly course in a direct line with said cedar tree .to an iron stake on the Public Road
i (it:mbcr lnndtnr Road)I Thence a Tlestwardly course with said road to the Creek the beginning, contain-
inr, orr eirhth (1/9) of an sere, be the same more or lesei Being the same treat or parcel of land
cnnvr;Pd to D. Co *Cotter by Oeo. R. Daniels by deed dated August 1, 1910, the same being recorded
In the office of the Register of Deeds of Pamlico County in Book 52 page 249.
i
l
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereto belonging, to the aid ............. .
nnrtl,, s of they ;second part their
--- = - --- -- -- - ------ -- -----------------------------------------------------------------------------------------------------------
heirs and ssaigns, in tee simple forever.
And the said ari.ies of the. first part for their heirs, erenutors and adninistratore
---------------
,
----�----------•-------
covenant___.with eaid..i'_Rrtiem of the sceond_Qart their
-------------------------------
heirs and assigns, that___ theX_-are ._____seleed of sold premises In fee, and ba_Ve_.—. the right to convey the tame in fee simple; that the same
are free and clear from all eeeumbranees, and that ------ tb=------------ will warrant and defend the said title to the same against the claims of
an persons whomsoever.
------------------------------------------------------------------------------------------------------------------------------------------
iN TF,STIMONY WHEREOF, the said__partiea of t}ie firAt_�tart---------- ----------------------------------------------------
he.YP__ hereunto Net ------------------ handZ_ and eeal.- ,tithe day and year above written.
D. C. McCotter, Sr.
..------•-- ---- ------------ -- - ---------------(8441)
Attest: __ --_Leona 11. HcCotter--•_______________( )
+ NORTH CAROLINA-1-gmT4Coonty.
I ______---=!'- ;. Dunne--` T -------------------------� a----------.}tot!►r,r_ Public --- -------in and for saM County and State,
-- --------
D. C. MrCotter Sr. Leona H. flcCotter
do bereby certify that---------=-----=- --------- ---2 -------------- ---------------- and------=----------•------------.:._-- ----- ---- his wife,
personally appeared before me this day and acknowledged the dug execution of the foregoing deed of conveyance; and the said ------------------- --
- Leona 11. WCotter - - ---- ---------- g by me privately ermined
- -- --- ----- _beta pd y ,separate and apart Elam
tier Bald husband. teachin„ her volant_a" exeeu'i'm of the same, doth :.:� tt :he sign.; Me same freely and voluntarily, wlthoat fear et ceeh
palslou of her said husband or any other person, and that she doth sun voluntarily assent thereto. Let the same, with this certificate be registered.
r Witness my hall and---. ilotari al---------- seal, this -------- 1 ---------- day of___ _ SArt -___ •'---- - (bot -trial Seal) -----------
J. 0. Dunn, Jr_-- .
Aly commission #xpires_ ?? U_ of � u3,Y._ lg_ ! "laiin'ry'-Plib?ia'
NORTH CAROLINA—Pamltes County.
The foregoing certifieata of_ ---- 11.-Dttttn-gyp............... -- a Notary Pablie of --Craven —------- -----------------
Coestty, Is adjudged to be correct Let the instrument, with this certificate, be regbtwe&
Witness my tined �p�ootr�nex-a - ----------- tble_.-._ 7th ....... .day #... October--- --...... to 43--
.-
Clerk Superior Court.
na for sobbq�nt ioti5ad,et.--- A' -Y» .. ttie__.—.:-----._-..._d,1) at_: ..Oat ............. !"_3
•- .., IS.AL, and
-------------------•---T•. 3._ spencer------—
'R:rof Deeds,
?, TO HAVE AND TO HOLT) W afo»said tractor
Parcel of land cad aR privn*gM and appurtenances Wreto beleagias, to the
ri •-ti-lll_She_AQCiRt111_ir. Wit==..._._...._
t ___••--------- ---- -•
-------»_-------_-__•,•-_»_»-_-_
bele and assigns, In fa Semple forever,
i'
Aad the uld__perties _o[ the first part for-their-heirsy- elraoutors and adalniatratora
eev.aant--.. with paid ----- Rar_tX_Rr_ �bQ_eA44iLd.P4t_Si@)?:_-------------- -- - --- ------ ------
heirs and assigns, that ........ --hey. ar_sslxed --_
of ._'__-»_^----------
said premises to fee, and 633-----__ W rlght to oonv W trice is too "pie; ' � P , that W ecce
are free and clear from all b
encumrances, and that 1Or
_ •�7l lll warrant cad defend the said title to the sane against W claims
.• Persons whomsoever -------__---_----»--_-_-_-_»---
»--- w.»». --M-___- ---------------------------- »»-___- __-»---------- »»_sof all
------------- ----- __________ _
parties of the fire - -�- -
------------ ------------+v
IN TESTIMONY wHEREOP, the wid_____________ --rt car '�
---------------r'Q-------
�t} and year above writtca °
,► »------Deebor Fodre�-
Attest:---------_Ivt►_11ayo_Jonee ----`'------
NORTH CAROLINA--PAIdLICO CUU}rlY•
' •' Iva Ye;•o Jones
Notary Public
_ -w----_ -y a -----w-_--_
Deab----ta asst tar 1r1a c ,= n;
;•,,. do hnvSy certify that_ or Fodrev --- --nut)r FOQrOy
--_cad-.»---_-�'____---
wife.
personally appeared before me this day and acknowledged W due as•eutba of W foregoing deed of conveyance; and the otd_-le.v,_
-.-».'-----•----------------------------- ^- r»
_- _ being by me privately exam part trate
bey said husband, touching her voluntary a:scutioa of the same, doth state flat the s1 examined, f cot fear
and a
G signed the tame freely and voluntarily, e, be registered. fear K cewPulsioe
of her said husband or any other person, and that she doth still roluatarily aasant Wreto. Dwt the same, with this artlaes4, b. reglatered.
witness my band and --------
NOtnry 2
----------------- 3
(Notarial sal) Mal. tbl._.__--------------»-day of ------ J!q)'---------- U
My commission expirets__2z_y--Qf_XDXQMhQj- ------- 19---49 ----- __ Ira Mayo Janes --- (SM
�r~
NORTH CAROLINA--PAMLDCO COUNTY.
The foregoing certificate oI_._._�tf0_CO_s10D1d3-------._. a Noup Public ot__._._�4>!}A4R_
..------
County, is adjudged to be correct- Let the instrument, with thle-------------be rigletered.
Witness my hand ttatiC-.......................X[tbls--_-_,_____________day of ------ kgUe - --•----------
------------------ HAD at t-N..Na►sd------
�..1 Filed for regltratioa__3-t3Q--o'clock..---.2)i, oa tDe---_-
3 dq ef--------- jig - ---------- •------_ • 19_i►�, Lad ngisteved.
t----Tr
f: ..................... w..a . • � » Iiegistsx of Deeds.»!
i
RECORD OF DEEDS 105..
';.
'621
{!
STATE OP NORTH CAROLINA—PAMUCO.COUNT1/
{
71113 DEED; m}ds thla___--23Xd,__day of...._aT1Llf I
by.._.;.,.:x........;:----..--*-
----------__ Deebor Podt7� and lilt• Ruby F -.-,..._•».- .
------------ - ----- P&Xa-#QP-----4_Cow,ty and state of. __tlDxth Ga�oJ 111w_
ar.t
. ------•_3._�QFA R_A4a.K1F4_H4ngy Carat _ - »-------------^---------• of w par%to
i.
t: ,.' •
'}------------------- -Pamlio0_ ----------------•--..:�----»__..�_n�__----•.
---------- COun .NorthCaroli
-q and State Of— .t►
_-----•-....1..»_�.»-..-.-_.w-. qf flea Mcaod Pant
W[INE3sErH, a
That acid____�Oxt1Qo:_QL__tbQ_r1C4♦c_PASS.'_t9r.lVl9�------=----------».»
--:_»
to Mtuiderat OI1A_tlti0Su Q11_( +•_.�»__»--._-».T.M».r--
�4'
yy
._ --•---- _lon.-._----of•-_ '---_•_____'___-_-'---------------».» -j•- -•'".....••• .—Dallan� to
» ba __paid by--_ at,id_part_ ct_tha eeoottd-i•t ..........
the receipt of which is hereb acknowledged, bargained ; y D a
7 re4 ha _.__ D alnad ttd sold, and b wie Presents do4
f,,
.--»_.-�»_ DargaL, Mil. cad eon
...__PLlLY_.4S__3�F4_A49oAi(_k4F _the r-------------------
� tp "Id----
----------- -----
Pe�llco _County, seat. ot_ North~CArOlitia-..».---•--•»-w _lairs, a 01r�1A trwt or Parcel atltad 4
GaraxaDl •---- -
- ^-».•.. • adjoining the Vada ot8..�i._Jnnaa�aflay�»
Deebor Fodtxe_ A. J. _'............
•---"'..................................and others, bounded as tollowa, v(st
,,•..-
Beginning at the J' utotion of the old Mbfflo-flobtiuken111616y. with the Dowdy Jed` and at an iron
stake; running thenae South 50 degreea Ifest 63
.r.
poles to • Brinoh relay a Grave' yard; thence down said
branch to Vandemere Creek; thance up Vandilnere Creep to a point opposite the Dowdy Road; thence North
38.dogreea Eaet 90 Poles (being the
course of the Doirdyr Road) to the B? inni
more or lees. Be • g age containing 2} aoDvts,
Being the same land conveyed by A, J. Dowdy Lind Mollie Ives to Todrey
.".f
D. R. and wife
Ruby Fodrey by deed dated January lop 1947e and'reoorded in Hook 106, Page 1,f,6e Office of Ragiater
of Deeds of Pakllao County.
1
1
,
?, TO HAVE AND TO HOLT) W afo»said tractor
Parcel of land cad aR privn*gM and appurtenances Wreto beleagias, to the
ri •-ti-lll_She_AQCiRt111_ir. Wit==..._._...._
t ___••--------- ---- -•
-------»_-------_-__•,•-_»_»-_-_
bele and assigns, In fa Semple forever,
i'
Aad the uld__perties _o[ the first part for-their-heirsy- elraoutors and adalniatratora
eev.aant--.. with paid ----- Rar_tX_Rr_ �bQ_eA44iLd.P4t_Si@)?:_-------------- -- - --- ------ ------
heirs and assigns, that ........ --hey. ar_sslxed --_
of ._'__-»_^----------
said premises to fee, and 633-----__ W rlght to oonv W trice is too "pie; ' � P , that W ecce
are free and clear from all b
encumrances, and that 1Or
_ •�7l lll warrant cad defend the said title to the sane against W claims
.• Persons whomsoever -------__---_----»--_-_-_-_»---
»--- w.»». --M-___- ---------------------------- »»-___- __-»---------- »»_sof all
------------- ----- __________ _
parties of the fire - -�- -
------------ ------------+v
IN TESTIMONY wHEREOP, the wid_____________ --rt car '�
---------------r'Q-------
�t} and year above writtca °
,► »------Deebor Fodre�-
Attest:---------_Ivt►_11ayo_Jonee ----`'------
NORTH CAROLINA--PAIdLICO CUU}rlY•
' •' Iva Ye;•o Jones
Notary Public
_ -w----_ -y a -----w-_--_
Deab----ta asst tar 1r1a c ,= n;
;•,,. do hnvSy certify that_ or Fodrev --- --nut)r FOQrOy
--_cad-.»---_-�'____---
wife.
personally appeared before me this day and acknowledged W due as•eutba of W foregoing deed of conveyance; and the otd_-le.v,_
-.-».'-----•----------------------------- ^- r»
_- _ being by me privately exam part trate
bey said husband, touching her voluntary a:scutioa of the same, doth state flat the s1 examined, f cot fear
and a
G signed the tame freely and voluntarily, e, be registered. fear K cewPulsioe
of her said husband or any other person, and that she doth still roluatarily aasant Wreto. Dwt the same, with this artlaes4, b. reglatered.
witness my band and --------
NOtnry 2
----------------- 3
(Notarial sal) Mal. tbl._.__--------------»-day of ------ J!q)'---------- U
My commission expirets__2z_y--Qf_XDXQMhQj- ------- 19---49 ----- __ Ira Mayo Janes --- (SM
�r~
NORTH CAROLINA--PAMLDCO COUNTY.
The foregoing certificate oI_._._�tf0_CO_s10D1d3-------._. a Noup Public ot__._._�4>!}A4R_
..------
County, is adjudged to be correct- Let the instrument, with thle-------------be rigletered.
Witness my hand ttatiC-.......................X[tbls--_-_,_____________day of ------ kgUe - --•----------
------------------ HAD at t-N..Na►sd------
�..1 Filed for regltratioa__3-t3Q--o'clock..---.2)i, oa tDe---_-
3 dq ef--------- jig - ---------- •------_ • 19_i►�, Lad ngisteved.
t----Tr
f: ..................... w..a . • � » Iiegistsx of Deeds.»!
i
RECORD OF DEED9 98 l
r1
481
STATE OF NORTH CAROLINA—PAMUCO COUNTY
THIS DEED, made tkb----7th -------dal of-------------- Jul.%_-------• 19J2_ b7-=------»w__•__�__�.„
»__~»
' c o rr a d wife ureic 1tr,Cotter _
ef--------- P dico---------- ----- ----- ------County and state of---lif�eih Cnxo iva�w •__.» _»»�__
. __ _. .. e[ the drat past, to
C. 5. Carawan and wife 1lancty Carewan
of -------- —F-SOQim- ------------- -------County and stab
WITNESSETH, That wtd arties ne the_ first rart_for and
1n ceasldaratloa ef--- the eum_of ^.lrent�r. five---- _
-------------
be
e-moi by--nn� PBr of the_egcond dart, _»------M-- __..___•—»_---____--_ - Doflara. t.
W receipt of which V hereby admowledpd, be--- V e _ bargained and sold, and by taw Presents de_ ee------ bargain, w1L and wavey b "M
-42=ty..of. tha-aacand-41 rJ..theal7C_------------------------------------- -------M_yetrs, a e.rtala tract .r parcel .t lama in
»•PU! �Sf?--_-_---_- --County, state of____ 1_orth C__u_r_o_lina ------------------- __s WO�bg W Lind.
Eneline Edwiris— Freddie tthorton
---•------------------^----------------------------------------------------------------------------and eWre,.►elloded as follows. via.:
On the Northward side by Emeline Edwards land, on Tlestrmrd by County himhway on the Eastward by
Vardonere Creek and on the Southward by Freddie 11horton land this being the land (ieeled to S.
11cCotter Uro. 9y J. J. Allen Wife, described more fully in Book 37— Pa, -.e 531. Containing five acres
more or less.
TO HAVE AND TO SOLD the aforesaid tract or parcel of lead mad all prbtle m mai app:etenaaae tberete beloosing, tow sew__
.__.-Partyof •the second -dart Their ----------------- —_.......... -------- --------------
bele and "signs. In fee simple forever.
And W ,__1n_g1ea-of the first part for their heirs, -executors and administrators,
o.t____ with .aid---P_artLy of the_second. part -their— �_-M--� -----»�----r — �--~----�--"
Min and wigns, of amid premises in fee, and ha.____ W right to lOavey the a&me In fee almpL; tb"t the soar
are free and clear from all encumbrances, and that,.»__~d------------- will warrant mad defend the said title to the same &galas& the ctsise, at
allpersons whomsoever. --------------------------------------------- ------------------------- __•_----------------------------
----------------------------------- -------------------------•--------------------»•---.»»-----~----~--------------------^-------•..-
IN TESTIMONY WHEREOF, the said --- P_9rt.... of the _£irot_part
bs.!re__ hereunto set ------------------ band_!. and seal___. W day and year above written.
J. --k . llcCotter .(Seal)
----------------------------------------------------
Attest:--------------------------------------------------------~- ------ Annie 1r. llcCotter ----------------------- ~----- (soap
NORTH CAROUNA—.Pamlleo Counts-.
----------------------------- a ----Clerk Superi_or_ Court------ --~~� and for s.td C«mty ..d seas,
i .say T__�_tL:A.
co ha: ky c_: Sy ..__.__i 35 .~________________--------------------d____Tmi n �tcCotter --- . .
personally appeared before me this day and acknowledged the due execution of the foregoing deed of conveyance; and the
Annie 11c(btter
- - --------------- being by me privately examined, separate and apart from
her. &&ld numbered, touching her •oluntary •:ecution of the name, dolt stab that she signed W same freely and voluntarily, without fur or com-
pulsion of bar said husband or any other person, and that she doth still voluntarily &&sent thereto. Let the same, with this certificate, be registered
Witness my hand and ---- official __ 7 ---------day of------- Jugy ....................is_ _ �_.
Alice G. VcCotter is a0
----------------rt 6fr B ipoir-17)r'Jo—XIf6V ~---------------------
My commission azplres---~----~-------------------------- 1p-----
NORTH CAROLINA—Pamllco County.
The foregoing certificate of...................................................... a Notary Public of_.: ------------------------------------
County, is adjudged to be correct. Let the Instrument, with this certlAcats, be registered.
Witness my hand and ---------------- ......... s,4 this --------------------day of--------------------------------- 19
-----------------------------I--------------------- superior Count --
J 2H
Clerk
. c Filed for nglstratlea_ at_4 ...... clock ------- !!_M., on, the ---- --------------day of_____ AUG-------------------- 1p_.�'3_, and registered.
------------ -,_ fir. Spence;--------------------------------------
gister of Deeds.
r
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
AiLA
December 22, 1998
NCDENR
DEC 3 Q 1998
Mr. John H. Wollerton
317 Lumber Landing Road
JAMES B. HUNTJR.
Bayboro, North Carolina 28515
GOVERNOR
Dear Mr. Wollerton:
Thank you for your letter of November 27, 1998, regarding your concerns about the activities
wAYNE McDEVITT
and erosion problems at the Lumber Landing area, off SR 1226 (Lumber Landing Road),
5ECRETARY
along Vandemere Creek, in the Town of Mesic, Pamlico County. As you are aware, North
Carolina's valuable estuaries are a balance among the estuarine shoreline, coastal wetlands,
and estuarine waters. It is the objective of the Coastal Resources Commission and the North
Carolina Division of Coastal Management to conserve and manage these areas to safeguard
DONNA D. MOFFITT
and perpetuate their biological, social, economic, and aesthetic values and to ensure that
DIRECTOR
development occurring within these areas minimizes the likelihood of significant loss of private
property and public resources.
To achieve this objective, the Division regulates "development" which includes among other
activities the construction or enlargement of a structure, excavation, dredging, filling,
bulkheading, and driving of pilings. Although the Division does regulate the placement of
pilings within the waters and within 75' of the water, their removal typically does not constitute
"development." On the other hand, stabilization of the shoreline via the placement of rock rip
rap, the construction of vertical bulkhead, or the construction of marsh enhancement
breakwaters would be considered "development" and would require a permit from this
Division. -
Staff from the Morehead City Field Office investigated the site. The investigation revealed
that there is erosion at the site and that shoreline stabilization could provide a degree of
protection against further erosion. Such stabilization methods include but are not limited to
the placement of rock rip rap, construction of marsh enhancement breakwaters, and the
construction of vertical bulkheads. Any of these projects could be permitted at the site so long
as certain conditions and parameters are met.
The staff also informs me that there is some question as to the ownership of this parcel. Prior
to any permit action by this agency, clear ownership must be evident. In this particular
situation, a deed with a current survey describing the property boundaries or some other
legally binding documentation is required. In addition, either signed statements of no
objections to the proposed project or confirmation that the adjacent riparian property owners
have been notified by certified mail must be provided before a permit could be issued.
Again, thank you for your concern regarding our fragile coastal resources. I hope this explains
the Division's role regarding protection of those resources as well as sheds some light on the
need for shoreline stabilization at the site. Hopefully, this matter can be resolved in a mutually
P.O. Box 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE 919-733-2293 FAX 919-733-1495
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50 % RECYCLED/1 0% POST -CONSUMER PAPER
Mr. John Wollerton
Page 2
December 22, 1998
agreed upon manner. If you have any further questions regarding this matter, please do not hesitate to contact
Mr. Ted Tyndall, District Manager in the Morehead City Field Office, at 252/808-2808.
cc: Charles Jones - Assistant Director, DCM
Ted Tyndall - District Manager, DCM
Sincerely,
nna D. Moffitt
ti
Dear Ms. Moffitt:
COASTAL MANAGEMENT
I live adjacent to a cemetary property which has an
environmentally sensitive shoreline on Vandemere Creek.
The owners of this property, upon finding that,
trailerboaters had been causing errosion, erected pilings to
obstruct the vehicular use of the area. They did not
restrict public access for individuals wishing to bank fish,
swim, etc.
Now the municipality of Mesic has arbitrarily, and without
notice to the cemetary owners or neighboring land owners,
did destroy and remove the pilings. Now, vehicles are again
abusing the area BIG TIME....
The current owners are elderly fellows who do not live close
by, and thus are unable to control the situation. As the
immediate neighbor, it falls upon my unfortunate shoulders
to monitor the situation. I don't need the ajgravation as I
have stress related asthma and my stress level is right now
"OFF THE WALL"
Please Ms Moffitt.. Can you investigate the situation and
bring some orderly sense to this abuse of a beautiful
shoreline?
The property in question is the Jones family cemetary, and
the current owners by decendency are:
Mr. Claud Carawan
967 Lee Farm Road
Oriental, N.C. 28571
(252) 249-1677
Mr. Troy Potter
410 Main St.
Bayboro, N.C. 23515
(252) 745 4053
The Jones family cemetary is on Vandemere Creek at the base
of LumberLanding Road, SR 1226 in Pamlico County, N.C. It
is found on Pamlico County map of SR 1226, # 62.
Mrs. Moffitt, if you have any authority to help resolve this
situation, I sure would appreciate your help. The shoreline
is even today being drastically abused. Have just taken
photos the prints of which I can forward if you like.
Please help.
Sincerely,
xx-
ohn H. Wollerton
cc: file & Mr. Carawan & Mr. Potter
John H. Wollerton
t
317 Lumber
Landing Road
Bayboro,
N.C. 28515
(252) 745
- 3790 Nov. 27, 198
MS Donna
Moffitt,
Dir.
Division
of Coastal Management
RECEIVED
P.O. Box
27687
�e
Raleigh,
N.C. 27611-7687
DEC 01 ?99$
Dear Ms. Moffitt:
COASTAL MANAGEMENT
I live adjacent to a cemetary property which has an
environmentally sensitive shoreline on Vandemere Creek.
The owners of this property, upon finding that,
trailerboaters had been causing errosion, erected pilings to
obstruct the vehicular use of the area. They did not
restrict public access for individuals wishing to bank fish,
swim, etc.
Now the municipality of Mesic has arbitrarily, and without
notice to the cemetary owners or neighboring land owners,
did destroy and remove the pilings. Now, vehicles are again
abusing the area BIG TIME....
The current owners are elderly fellows who do not live close
by, and thus are unable to control the situation. As the
immediate neighbor, it falls upon my unfortunate shoulders
to monitor the situation. I don't need the ajgravation as I
have stress related asthma and my stress level is right now
"OFF THE WALL"
Please Ms Moffitt.. Can you investigate the situation and
bring some orderly sense to this abuse of a beautiful
shoreline?
The property in question is the Jones family cemetary, and
the current owners by decendency are:
Mr. Claud Carawan
967 Lee Farm Road
Oriental, N.C. 28571
(252) 249-1677
Mr. Troy Potter
410 Main St.
Bayboro, N.C. 23515
(252) 745 4053
The Jones family cemetary is on Vandemere Creek at the base
of LumberLanding Road, SR 1226 in Pamlico County, N.C. It
is found on Pamlico County map of SR 1226, # 62.
Mrs. Moffitt, if you have any authority to help resolve this
situation, I sure would appreciate your help. The shoreline
is even today being drastically abused. Have just taken
photos the prints of which I can forward if you like.
Please help.
Sincerely,
xx-
ohn H. Wollerton
cc: file & Mr. Carawan & Mr. Potter
111,DEL--07-98 04:33 PM COOPERATIVE EXT. 9196332120 P.01
December 7, 1998
Mr, John H. Wollerton
317 Lumber Landing Road
Bayboro, NC: 28515
Dear Mr. Wollerton:
North Carolina Cooperative Extension Service
College of Agriculture and Life Sciences
Craven Co. County Cenlcr
North Carolina Cooporative Exlonsion S-mWo
College of Agriculture and Lif; Scianecs
RX) Indrive
DEC 2 1 1998 Ne- Han,uatfial
N p 28562
(251) 633-1477
This is in reply to your letter to me concerning erosion in Vandcrnere Creek caused by a
bout ramp. Certainly your concerns are important. to me. The best assistance that I can
give is to direct you to an agency with regulatory authority. From that end, your best course
ofaction is to consultwith the Division of Coastal Management. I talked with Steve Benton
in their Raleigh office and he is contacting Terry Moore (919-7332293) from their
Washington regional office (252-946-6481) about your concerns. I am forwarding Mr Moore
a copy of your letter so he can contact you as his schedule perillits.
Additionally, I have contacted the Natural Resource Conservation Service, a federal agency
that works with Boit and water conservation, for their awareness. Employees of this agency
havee received a copy of your letter too.
Please let me know if I can be of further help in your concerns.
Sincerely,
David H. Hardy
Area Environmental Agent
Lower Neusc. River Basin
c. Steve. Benton, Division of Coastal Management
�crry Moore, Division of Coastal Management
Elizabeth KaTas, Natural Resource Conservation Service
Andy Melts, Natural Resource Conservation Service
Fred May, Pamlico Co, Cooperative Extcw�ion Service
di,hlcvmplaiuts/w�rlrrw�t
Ernployment and program agger tunitiy:; are offered to all people regardless of race, color; national brig' in, sex, age, nr r11!;06111ty
North Carolina State University, North Carolina AV Smu Univoisily, U.S. Dulimimp.m ur Agrimilhrre. and Intal gnvernment4 Cpnper�ting
A DEC -07-98 04:33 PM COOPERATIVE EXT. 9196332120
JOHN H. WOLLERTON
AVOCATIONAL ARCHIVIST
317 LUMBLA LANDING ROAD
BAYBORO, NORTH CAROLINA 28515
Mr. David H. Hardy
Area Environmental Agent
300 Industrial Drive
New Bern, N.C. 28562
Dear Mr. Hardy.
TELEPHONE (252745-3780 26 Nov, 198
(N.C. Cooperative Ext. Ser. )
Today's article P c-7 of the SUN JOURNAL "Investigate before ...."
was very interesting and provided many great and important addresses.
I too am concerned about the environment, having graduated with a degree in
secondary education, majoring in Georgaphy and minoring in history.
The subject of erosion, it's causes and effects are of vital interest to me.
P.02
Within the past ten years I've seen serious erosion in Bay River dnd
Uandemere Creek. Around 1990 I took some Sea Scouts to find the geodetic
survey marker "BELL" which according to the info sheet was a few yards
into the marsh. We found it about three feet into the water, photographed it,
and wrote about the finding to U.S. Power Squadron which was doing a survey at
that time. The marker was still standing. A few years later, I took a couple
of other Sea Scouts to the same location to see the effects of errosion. The
marker was now further from the shoreline and toppled. The youths got the
message. A good learning experience.
Now I am observing another serious problem of erosion. This one man made.
In Vandemere Creek, unbeknownst for many years to the owners of the Jones
family cemetary, Trailerboaters have been launching on their property. This
activity has caused serious , provable erosion. One individual was even so
brazen as to cut out the root structures which was holding the soil. This is
a bit of a long story, but you've got to see the devastation to believe it.
Mr. Hardy I'd like you to give me a call and make arrangements to visit the site
to evaluate the damage and make plans for appropriate corrective proceedures.
Thanks and reg�;rds, !' f cc:file
North Carolina Division of Coastal Management
December 8, 1998
Ted,
Please look into this situation and let me know what you determine.
Thanks!
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
.JAMES B. HUNT
:GOVERNOR
Mr. John H. Wollerton
317 Lumber Landing Road
Bayboro, North Carolina 28515
Dear Mr. Wollerton:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
December 8, 1998
I am in receipt of your November 27, 1998, letter concerning the removal
of pilings erected at the Jones family cemetery on Vandemere Creek at the base of
Lumber Landing Road, SR 1227 in Pamlico County, North Carolina. I have
forwarded your letter to Mr. Ted Tyndall, District Manager of the Division of
Coastal Management's (DCM) Morehead District Office, and asked Mr. Tyndall
to investigate this situation to determine whether or not DCM has any jurisdiction
in this matter. I will let you know the results of Mr. Tyndall's investigation.
Thank you for your concern and interest in protecting North Carolina's
valuable coastal resources.
Sincerely,
onna D. Moffitt
P.O. BOX 27687, RALEIGH, INC 27611-7687/2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE 919-733-2293 FAX 919-733-1495
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -SO RECYCLED/1 Oq POST -CONSUMER PAPER
Lo r To` 3oe,e-5
Te—A Ty /I CID, I, John H. Wollerton
317 Lumber Landing Road
Bayboro, N.C. 28515
(252) 745 - 3790 Nov. 27, 198
MS Donna Moffitt, Dir.
Division of Coastal Management RE'►���rr+EIV
P.O. Box 27687 �/G�
Raleigh, N.C. 27611-7687 DEC 01 1998
Dear M s. Moffitt: COASTAL MANAGEMENT
I live adjacent to a cemetary property which has an
environmentally sensitive shoreline on Vandemere Creek.
The owners of this property, upon finding that
trailerboaters had been causing errosion, erected pilings to
obstruct the vehicular use of the area. They did not
restrict public access for individuals wishing to bank fish,
swim, etc.
Now the municipality of Mesic has arbitrarily, and without
notice to the cemetary owners or neighboring land owners,
did destroy and remove the pilings. Now, vehicles are again
abusing the area BIG TIME....
The current owners are elderly fellows who do not live close
by, and thus are unable to control the situation. As the
immediate neighbor, it falls upon my unfortunate shoulders
to monitor the ,situation. I don't need the ajgravation as I
have stress related asthma and my stress level is right now
"OFF THE WALL"
Please Ms Moffitt.. Can you investigate the situation and
briny some orderly sense to this abuse of a beautiful
shoreline?
The property in question is the Jones family cemetary, and
the current owners by decendency are:
Mr. Claud Carawan
967 Lee Farm Road
Oriental, N.C. 28571
(252) 249-1677
Mr. Troy Potter
410 Main St.
Bayboro, N.C. 28515
(252) 745 4053
The Jones family cemetary is on Vandemere Creek at the base
of LumberLanding Road, SR 1226 in Pamlico County, N.C. It
is found on Pamlico County map of SR 1226, # 62.
Mrs. Moffitt, if you have any authority to help resolve this
situation, I sure would appreciate your help. The shoreline
is even today being drastically abused. Have just taken
photos the prints of which I can forward if you like.
Please help.
Sincerely,
ohn H. Wollerton
cc: file & Mr. Carawan & Mr. Potter
No
KC T'(- 1 1 0 r- Potter jv p f -.Yr -14,,; A u111,v
Proc,,-,ty L JcrtyS
MIL
�! o
�-bc1zA
3 )G�� SNC
�.
A) W
TO WHOM IT MAI' CONCERN
We own the residence, out buildings, and lot commonly known as 317 Lumber Landing
Road, Bayboro, RTC 28515. Said property is located in Mesic, NC on Vandemere Creek
and adjacent to and across the tidal marsh from the W. H. Jones Cemetery. We have no
objection to the managers of that cemetery installing rip -rap (stone) on the shore line of
their property providing they do so in compliance with current CAMA code.
John H. Wollerton
atli Wollerton,
(
,
AP7
200 N. Glebe Rd., Ste. 720
Arlington, VA 22203-3728
(703)812-8813
FAX (703)812-9710
URL: www.beachassociates.com
e-mail: thebeach@beachassociates.com
To Whom It May Concern
I am a co-owner with Claud W. Carawan, Jr. of approximately fifteen acres of farm land
and a few trees located between Lumber Landing Road and Popular Lane in Mesic,
NC, and adjacent to the W. H. Jones Cemetery. Said property is listed on the tax rolls
as K032-67 and was inherited. I have no objection to the managers of the W. H. Jones
Cemetery installing rip -rap (stones) along the shore line of their property providing they
do so ' accordance with current CAMA code.a.., f��
Frank Beach
Subscribed and me
this yt�d]y of 3�� a NotaryPublic in and for the Comm/o�Wealth of Virginia
Y CroryNway A F'
200 N. Glebe Rd., Ste. 720
Arlington, VA 22203-3728
(703)812-8813
FAX (703)812-9710
URL: www.beachassociates.com
e-mail: thebeach@beachassociates.com
To Whom It May Concern
As Power of Attorney for Helen Carawan Corpeno (co-owner with Claud W. Carawan,
Jr. and Frank W. Beach III) of approximately fifteen acres of farm land and a few trees
located between Lumber Landing Road and Popular Lane in Mesic, NC, and adjacent
to the W. H. Jones Cemetery, I have no objection to the managers of the W. H. Jones
Cemetery installing rip -rap (stones) along the shore line of their property providing they
do so in accordance with current CAMA code. Said owned property is listed on the tax
rolls as K032-67 and was inherited.
4
rank Beach
Subscril, a ;: r , me
this 2AT-), 9±2, a Notary
Publicnd Tor ti;e Comm wealth of Virginia
�_154pa
MY COrnmission Expim Feta y 2k ;�
TO WHOM IT MAY CONCERN
I am a co-owner with Frank W. Beach, III and Helen Carawan Corpeno of approximately
fifteen acres of farmland and a few trees located between Lumber Landing Road and
Popular Lane ( previously known as the Dowdy lane) in Mesic, NC and across the
Lumber Landing Road from the W. H. Jones Cemetery. Said property is listed on the tax
rolls as K032-67 and was inherited. I have no objection to the managers of the W. H
Jones Cemetery installing rip -rap (stones) along the shore line of their property providing
they do so in accordance with current CAMA code.
Claud W. Carawan, Jr.
967 Lee Farm Road
Oriental, NC 28571
252 249 1677
date .... ...�.`L `1.`.�.
7 L - ' ':
TO NYHOM IT MAY CONCERN
e e
I own a residence in Mesic, NC on Vandemere Creek at the end ofThe
property is just up stream and adjacent to that of Claud W. Carawan, Jr. and F. W. Beach,
III. I have no objection to the Managers of the W. H. Jones Cemetery and Claud W.
Carawan, Jr. and F. W. Beach, III installing rip -rap (stones) at the shoreline of their
properties providing they do so in accordance with current CAMA code.
J. J. Edgerton
131 Kinberb, Drive
Clinton, NC 28328
910 592 6952
date.. /.:i! Q -.Q9....
TO WHOM IT MAY CONCERN
U We own approximately seventeen acres of undeveloped waterfront property in Mesic on
Vandemere Creek That property is adjacent to and Northwest of property owned jointly
by Frank W. Beach III and Claud W. Carawan, Jr. U We have no objection to Frank W.
Beach and Claud W. Carawan, Jr. installing rip/rap (stones) on the shoreline of their
property so long as they do so in compliance with CAMA code.
Robert J. Fennema
Kimberle A. Fennema
102 Elm Street
Vandemere, NC 28587
252 745 7570
date...................................
tgan to life.
(The Pamlico News staff photo by RW Bell)
y in 1979. The company builds new
pipe organs, as well as specializing
pany in the restoration of 19th and 20th
pipe century American organs. Among
reed their current projects is the restora-
tion of a 1916 E.M. Skinner instru-
was ment for Biltmore Estate in
I in Asheville.)
,ttling into
S
uperior
Mice
Wednesday, December 9, 1998 -THE PAMLICO NEWS -Page Three
Deeds found for
Lumber'Landing
By Virginia Berger
The question of whether Mesic's
Lumber Landing is public or pri-
vate property remains unresolved.
However, Troy D. Potter, Sr.,
speaking for the Jones heirs, has
produced two deeds that he said,
support the family's claim to own-
ership.
In the first deed, signed in 1890
and recorded in 1903, Alexander
Jones conveyed to W. H. Jones, a
tract along Vandemere Creek
"beginning at a pine stump, thence
S 48 [degrees] W 65 poles to the
head of a small gut at the S.E. cor-
ner of an old field, then down said
gut to Vandemere Creek up said
Creek farenough [sic] to run in a
strait [sic] line to main road .. .
except one acre at the grave yard,
near Vandemere Creek ... [which
shall be used] for the purpose of
burying the -dead."
At the end of 1924, W. H. Jones
and his wife, Lizzie, deeded 15
acres along Vandemere Creek to
their daughter, Nancy Carawan.
From this tract, the deed excepted
a two acre parcel bounded on the
west by Lumber Landing Road
and on the south by Vandemere
Creek.
As is the case in most old deeds,
the properties in both documents
are described in terms of natural
and man-made features and neigh- ,
boring lands, rather than by metes
and bounds.
Potter, however, asserts that
Lumber Landing is encompassed
within the land conveyed in both.
Potter also asserts that Lumber
Landing Road no longer follows
its original track which, he said
curved to the west before reaching
the water, and that the county tax
map of the site, which is based on
a 1980 aerial photograph, is mis-
taken.
Pamlico County tax supervisor
Marshall Beach said, however,
that tax maps are not rendered
accurately enough to be used to
confirm precise property lines.
"You simply can't use a tax map
to figure out exact boundaries," he
said. "You need a survey for that."
Mesic officials were unable to .
comment on Potter's assertions,
as, according to Mesic town clerk
Wanda 011ison, neither the town
board nor the town's attorney has
yet seen either deed.
Training course for child care prov
A 10 -hour training course is being offered for child care providers
in Hyde County on Sat., Dec. 19 and Wed., Dec. 30 from 8 am to I
pm
Topics covered will be immunizations, health and safety issues,
Child Protective Services reporting requirements, activities planning,
parent/child interaction, and science for 3- to 4 -year olds.
There is no fee, but pre -registration is requested. Participants will
be enrolled on a first-come, first -serve basis. Classes will be held in
the Swan Quarter area, place to be announced later.
Contact the Hyde Family Center at 926-2157 to register or for more
information.
'
Paperwhites
Amaryllis,
Poinsettias J��:
��..
available
ailable
asK YOB'
4earim-'r9
-70
By Sandy Semans
IVlembers of the Southeast
�lunteer Fire District (SVFD)
''I]
go to the Pamlico County
and of Commissioners meeting
i December 7 to ask that the
hard rescind its resolution passed
November 16 which canceled
public hearing on the SVFD's
guest to become a fire service
3tnct.
he move to car.::,=:.:. .
e after Commissioner Missy
�skervill told the board that
TF members had indicated that
y were no longer interested in
coming a fire service district
J that SVFD had decided to
r,ck out other alternatives. The
tion was then made to cancel
public hearing scheduled for
luary 18.
This is just a misunderstand-
" said SVFD member Ed
n. "We do want the hearing as
,eduled. We have invested not
v time, but also money in
snaring the labels for the mail -
that is required. This can easi-
e resolved simply by the board
:inding its resolution at the
ting on the 7th. That will still
us time to get the notices in
mail within the time frame
sired by law."
:ate statute dictates that every
perty owner in the proposed
If service district be notified
weeks in advance of the pub-
_iearing. Although the hearing
first requested in September.
monumental task of searching
ty records in order to identify
property owners in the pro-
d district took county
loyees several weeks.
e request to become a fire ser -
district rather than a fire tax
ict is due in part to the fact
a vote of approval from the
d of commissioners can
lish a fire service district
ver, in order to become a fire
iistrict, a referendum must be
which in this particular case
See SVFD, page 14
She deserves her retirement."
Potter, one of eight children, is
the daughter of the late Walter and
Helen Hopkins. She was born,
reared, and still lives in Oriental.
After graduation from Oriental ele-
mentary school, she became a
member of the first graduating
class to have spent all four high
school years at Pamlico County
High School.
Potter was still attending Pamlico
Technical Institute (now better
known as Pamlico Community
maty io Hotter stands in foreground, Judge Cheryl Spencer stanc
ing in background.
(The Pamlico News staff photo by Ben Casey)
College), when she started working
part time in the clerk's office at the
courthouse in September 1968.
However, there is little job secu=
rity in elected office. "I went
"9Lurimber Landilt
dispute heats up
By Ben Casey
A confrontation between a Mesic
resident and the Mesic Town Board
over right of access to Lumber
Landing by boaters brought two vis-
its from the Pamlico County
Sheriff's office on Saturday and
Monday.
Patricia Wollerton. who lives on
property near Lumber Landing at
the end of State Road 1226 —
Lumber Landing Road in Mesic —
called deputies to the scene
Saturday morning when Mesic town
commissioners and Mesic Mayor
James Cooper arrived with rented
equipment to remove posts at the
end of the road blocking access to
trailers for the launching of boats.
Mesic town commissioner Joe
011ison, who had advised this news-
paper of the plan to remove the
posts on late Friday afternoon, pro-
vided The Pamlico News with a pre-
pared statement from the mayor and
commissioners which read as fol-
lows:
"For as long as any of us can
remember, Lumber Landing has
always been used by the public. We
have used the area for fishing,
swimming, baptism and other recre-
ational activities. Under the advice
of legal counsel, we feel the com-
munity has the right to use the prop-
erty."
Wollerton ordered the commis-
sioners not to remove the posts on
Saturday morning. 011ison and the
commissioners did not argue with
her nor did they abide by her
instructions. "We did not come here
to pick an argument with anyone,"
said 011ison.
Wollerton then called the Sheriff
and Troy Potter to the scene. The
posts had been removed and the
See LANDING
They shoot turkeys,
don't they?
By R. W. Bell
Richard Credle, president of the
Sladesville Civic Club, says the
club has been around "as long as I
can remember.
"For the history of the club, talk
to Gilbert Richards."
Richards, community role model
according to Credle, is 80 years
young and a charter member. He
remembers (after a brief research
into club records) that the club
Ruritan Club.
"We changed it to the
Sladesville Civic Club." he says.
"in the late 50s. We figured we
could use the dues [that were
being sent in as a Ruritan Club]
locallv."
Richards remembers that in
December of 1952 the club held a
big celebration when the roads in
the Scranton/Sladesville area were
paved. Referring to a program he
through a primary and a run -
before the 1982 election, but t
turned out to be the only time I
unopposed in the election."
Being clerk of court is also a v,
stressful job, according to Pot:
but the stress is relieved by
friendships that can also result.
"Sometimes people don't real
the need to treat others gently,"
said. "but. in this work, you have
deal with people one-on-one. Th
can be ver; distraught when th
come in, and you have to let the
know you're helping them, not j-
trying to find out what their bu
ness is.
"There really is no lighter side
this work. Often. you're deali
with people who've lost someor
or you're putting people out
their homes. or declaring the
incompetent.
"It's a very serious job."
See POTTER, pa-!!
The First Thanksgiving — Pecol.
in a recreation of the first Thank
all the fixin's were prepared by E
licensed day care operator with
rs
,')ment
t conrrrwmty east
r 1989 the Spring Cret
'y was developed c
;ring Creek. Sunitneri;
'reek followed in 199.
'there are only two holy
:file in Surmncrise.
on Campbell Cree
'shortly thereafter an
as seven home sites fu
newest, Windsong 11
npbell Creek has wale
Tare conducive for sail
six home sites rang
to 28 acres, report
yrs, sales and rnarketin
for Weyerhaeuser Rea
ew Bern.
iof Weyerhaeuser
Helen Sommerkamp)
m tic}.
i3tt11ti�4)11 '� .ifll
Landing
r holes were being filled in when Conunissioner Mallow Strri(h said to
-
deputies arrived, followed shortly Potter, "You say you are going to fix
s thereafter by the arrival of Potter.
this place up. -
According According to 011ison, the posts
g
"Yes," was his reply.
were installed last summer by Potter.
I Residents
`"Then let the town help you do
of the area complained
about this action then. In
this and we can work together as
a story
about that incident, Virginia Berger,
pec,ple so everybody can have
access
staff writer for The Pamlico News,
to put their boats off here,"
said Smith.
investigated details surrounding the
`Not any boats," said Potter.
issue and was unable to find records
of any deed for the
Potter indicated that he was acting
property at the
on hchalf of heirs to the Jones fami-
end ole Lumber Landing Road.
ly cemetery.
Deputy James Mitchell asked
Wollerton said that the controver-
Wollerton if she owned the property,
When she told him she did
sy started when a resident built a
not, he
then turned to 011ison's group for an
snrtll dock at the landing last sum -
mcr and left a boat tied
explanation. They recounted to the
deputy the history of public use
up there. She
argued that there was not ample
and
that the town board had voted to
parking space in the arca to support
the launching of boats.
take down the posts after having
talked with legal counsel.
The current map of the area in the
"We put the posts up to keep vehi-
Pamlico County tax otlice reflects
the property in question to be
cles out, not people," said Potter,
"We
state
right-of-way from where the
can't find a deed that any-
pave -
ment ends to the water and that the
body owns this. If it has been a
land south ol- lire right-of-way is the
community thing for over a hundred
cemetery property.
years, you should have gotten per-
No taxes are collected on either
mission to put the posts up," 011ison
told Potter.
cemetery land or state right -of way
As Deputy Mitchell listened,
011ison and Potter continued
land
Officials with the Division of
their
debate.
Highways in the District Engineer's
don't have to have pe rmis-
office, the Pamlico County Tax"We
Supervisor and the Pamlico County
Sion to put thein up on private prop-
Register of Deeds couldn't identify
erty. We have a deed." said Potter.
"Show us," said 011ison.
the owner of record for Lumber
"Well, I don't have it with me,"
Landing.
"The only way to determine own
said Potter.
At that
-
el -ship is through a title search," said
point, Deputy Mitchell
stepped in. "This is a civil dispute
Joyce Carawan, Pamlico County
Register of- Decds.
over property lines. 1 advise both
patties to seek legal advice and set-
Carawan said (fiat title searches
were not conducted by members of'
tle this in civil court," he said. her staff' but were
Potter advised the deputy and the
usually done by
allort,cys.
Mcsic couunisSioners that he
planned to restore the area and keep
"We in the tax office will be happy
to correct any map if that is neces-
it open for the public, but not for
nary
boat launching.
as a result of a title search," said
Marshall Beach, Pamlico County
He informed the group that the - Tax Supervisor.
launching of boats had caused ero-
Oflison said in a Monday inter-
sion in the area. The commissioners view
that, "Our lawyer has told us ill
countered by saying that storns had they
put the posts back, we can take
caused erosion and they had filled in them
down again," said 011ison.
eroded places with gravel them-
selves.
'Thc attorney handling the matter
for the 1()wn of Mesic could not be
The debate
untinucd as reached
forcomnu•nr
Pamlico
r1 vc_�;n t al,
PUBLIC HEARY
The Town of Oriental is propos;
Growth Management Ordinanc►
NCGS 160A-364 and 160A-381
ordinance would directly impact
within the corporate limits of Ot
on this matter will be held in tht
located at 507 Church St., on Dt
pin. Any questions or comments
Oriental Town Board by submit(
the Town Hall before the meetin
meeting in person. The mailing v
Oriental Planning Program, Tow
472, Oriental, NC 28571
Signil'icant changes may be inad,
before any filial action by the Ori
Coil Ifilissioners.
PUBLIC No'
Please be advised that the Pant
Comtitissioners have adopted a I
Resolution, whereby pursuant to cl
the North Carolina General Statute
undertake special assessments to irtu
that portio(( of llowclls Road frt•
intersection of Howells Road with
Baird's Shores Subdivision, so that fl
up to the standards of the Secondary
may become a part of the state mairtf
Therefore in accordance with N.,
Parttlico County Board of C nn,o„6cc;,
�t to him to help
'; i nate.
!s:n thing to do," he
was just too great:
:ian all year `round
holidays," I asked.
-esponded by pro-
iristian all year.
I can find him a
eally if I even want
'just didn't have the
that perhaps if he
and someone lack-
-k in the mirror.
)f wonderful efforts
ays to share with
1 certain that their
appreciated.
someone out there
ny to give, perhaps
isider pledging to
a small way each
!ar rather than just
Ys.
ve the gentleman's
it would leave a lit -
i during December
hunts" and help oth-
ng basis.
:Fnd Frieda Hudson,
ibt, her award win-
� t snowing (I know
Aly wishing for it)
to up for the lack of
and keep everyone
me good-old-fash-
3use. Picnic;' three
hot chocolate and
Bill Speas' special
,-steed to take off any
ibly low and reason-
ee is a just $25.00.
,)r this pittance, you
but two meal tick-
�ielp you find your
!.rds, our incredibly
easy to understand
Ip•
ise fails the map can
-mine if you are still
sty, on a creek, or in
it miOlt not be
,b,-. 2, 1q.98
PUBLIC ORITM
erty.
Letters and commentary from tr To quote your article, "According
to 011ison, the posts were installed
Pamlico County isn't enough, as
part of our after-Fosty celebration,
we will be drawing the winning
ticket for our magnificent and
unique handmade quilt and the four
gorgeous matching pillows that go
with it. Quilt tickets are still avail-
able at The Dragon Fly and The
Holly and The Ivy.
In case you want to invite others
to join you for the celebration and
awards "banquet," extra meal tick-
ets may be purchased for the amaz-
ingly low sum of $8.00 per person.
And that's not all! You'll be mak-
ing your checks payable to SPVFD
(Southeast Pamlico Volunteer Fire
Department) so your fee for partic-
ipating gets you a tax deduction to
boot.
Remember, the reason we're
doing this is to. give back some
small measure to those Fire
Department volunteers who come
to our aid, anytime, day or night,
when we need them. So break out
Aunt Emmie's sweater, Uncle
Jethro's long johns, and Muffie's
mittens. Put on your most out-
landish outfit (you might win a
prize) and head over to the Oriental
Wild Life Ramp for the second
annual "Fire Drill Frosty."
Start your holidays off with your
family, friends, good food, lots of
laughs, and great fun. The deadline
for entry is December 9 so reserve
your space soon.
Sincerely,
Linda Kaloski
Oriental
No surprises
Editor:
I'm not surprised that Hood L.
Richardson has written complain-
ing that Beaufort County has been
moved down the list for its
Highway 17 project. I predicted
long ago that in areas where people
were squabbling about where roads
should go, attempting to add costs
to projects (such as moving the 17
Bypass East,of Washington, result-
ing in more wetlands to be crossed,
as well as a wider river crossing)
that these would be the first pro-
jects singled out for delay by DOT.
By the way, why on earth would
anyone build a 17 bypass east of
Washington when it has been
designed to go west of Washington
to facilitate traffic from Greenville?
Mr. Richardson is one of the per-
sons who has done everything in
his power to change this schedule
from west to east, which, in my
opinion, makes no sense at all.
Now he wants to complain that
DOT has done this to Beaufort
County. He, in fact, got exactly
so why is he cry-
ing about DOT?
Additionally, the Highway 55
project has been delayed for the
same reason. Residents who want-
ed to spend $3 or $4 million dollars
more to put the road where they
wanted it, rather in the place that
made the most sense. I predicted
that and you know who these peo-
ple are. They will now probably cry
that DOT has harmed Pamlico
County. You're all doing it to your-
selves!
Another example is Jones County
which has been delayed. The
Foscue Plantation debate has
enabled DOT to put this project off
as well. With the shortage of funds,
it's easy to delay a project where
there's a dispute and spend the
money elsewhere. If you ever get
these projects done, I'll frankly be
surprised!
John M. Nichols
Another view
Dear Editor:
After reading "The Lumber
Landing Dispute Heats Up" article
in your November 25th issue of
The Pamlico News, I felt that I
must take issue on several points of
misleading, and with the kindest
words I can find, untruths written
therein.
It's my understanding, that along
with Mesic's town commissioners
and Mayor James Cooper, one of
our high ranking county officials
Chairman of the Pamlico County
Board of Commissioners Carl
011ison, was also at the scene. In
fact the rented equipment referred
to in your article is owned by Mr.
011ison and Mr. 011ison actually
participated by operating the
machinery in what I believe to be
the illegal destruction and theft of
private property and desecration of
a cemetery. That's not to mention
criminal trespassing and numerous
other illegalities.
As for the prepared statement
provided by Commissioner Joe
011ison, it is at least partially true.
By privilege the Jones' Heirs have
allowed baptisms, swimming, fish-
ing from the bank, church cookouts
and sunrise services at Easter for as
long as I can remember in my 43
years. Never have the Jones' Heirs
permitted automobile traffic on the
fragile shore of Lumber Landing.
I want to make it clear as a Jones'
Heir myself that when Mrs.
Wollerton ordered the commission-
ers not to remove the posts, she did
so at the heir's request since she
and her husband live close by and
are able to keep an eye on the prop -
last summer by Potter." This is an
absolute untruth! I know the posts
have been there for as long as I can
remember. In fact they have been ;
there since the mid 1950's when
they were put down by farm help at
the direct request of my now
deceased uncle, S.M. Jones.
However, last summer my father,
Troy Potter Sr., C.W. Carawan and
Frank Beach, who are also heirs Qf ;
the Jones' family, replaced three
poles that had (cough, cough) been
inadvertently pulled up and done
away with.
To clear up the mystery of the
ownership of this land, the Jones'
Heirs are in possession of not one ;
but two deeds providing ownership ;
of Lumber Landing. I would like to
take the opportunity to invite Mr.
Ben Casey and the Editor of The
Pamlico News to examine these
deeds at your earliest convenience. y
The heirs are also in possession of
a detailed map provided by the tax
office marked "Jones' Family
Cemetery." Both of these deeds are
old as the hills and both are regis-
tered at the Pamlico County
Register of Deeds Office. Like I i
said before, not bad boys, just hard- }
headed.
I quote your article again, "At
that point, Deputy Mitchell stepped
in. `This is a civil dispute over
property lines.' I advise both par-
ties to seek legal advice and settle
this in civil court.' " It is my under-
standing that since Deputy
Mitchell's advice, Mesic Town
Commissioners have actually been
See LET TER, next page
The Pamlico News
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Publishing Company
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(919) 249-1555
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Hyde and Beaufort Counties
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Send changes of address to:'
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Oriental, N.C.
-- _ --o to g .. , g
:rosy or more . arta, t tta7 ", con=
at those big, 4'x 6' gray boxes in your
drops back to 33.6 automatically.
IAole lot you can do about this situation.
'sot likely to change the way calls are
lines for you.
e are a lot of users out there using 14.4
'm legacy modems which is a polite way
eal old). Even if you can't get V.90, you
�ility newer modems would bring. Also,
',ned in design, making them more effi-
tured (Voice and Fax as well as data).
�e "flash" upgradable, you never know
v will allow a V.90 connection possible
stable way of communicating.
hoseprothatat
let very satisfactory
,ose speeds. There are many conditions
be met before you can achieve V.90
? Sure, why not -most V.90 modems now
100 and if you've got a 14.4 modem, hey
X11 you get 56k? That's the trick -1 call it
r
you get it, it's great. If you can't, well
t
`m. Finally, V.90 (like almost everything
a work in progress; it's constantly chang-
lour modem manufacturer's website for
,tshoppe.net
elcomOp
(formerly of Coastal P
Veterinary
of the year for some merchants.
"This is my season for business,"
Crab Pot Ceramics owner Judy
Mers said. "A lot of people give
y
ceramics for Christmas presents,
and its nice to get a hand made gift
from in the county instead of dri-
ving to New Bern for it."
Pat Ciccone, owner of the
Dragonfly in Oriental, said that the
shoppers were coming in regularly
to her store as well -
"Things "Things are going g
Ciccone said. "A lot of
people and
e are
getting things wrapped
after the good fall business we had
I'm expecting more for
Christmas."
Ciccone said that people seem to
be spending more of that hard
earned money this year as well.
"Business has actually been bet -
Thanksgiving, and did—:1,1_77-M90
Price said. "We've been doing bet-"
ter than last year."
Jones said that the store's change
of location had helped the business
pick up.
"We are more out in the open
now," Jones said. "People can see
better now, and we've
faces coming through
the store
seen more
the door."
Paula
Inland Wa
also said
Winston, owner of the
terway Treasure Co.,
that business
was doing
great.
"It's been up from last year,"
Winston said. ,We are having our
annual December Christmas sale,
so we expect it to get even better as
the holidays approach. We are
meeting projections, so that's good -
con't from v�
Letter.
Landing Better
Ed Perry, strolling
Inland Waterway Tr
new this year is the
Afternoon perforr
School Chorus dire[
of Fred Andersoi
Stephenson; memb
directed by Michae
Nicholas and Mar=
Oriental United Me
and Russell Stewar
Flo's and the Pinat:
In 1996 Spirit of
pm so those who h
older folks could e
The evening ente
pm and continue t
and some have bet
Following is the
ebration: Wednesc
Restaurant, 6 pm;
for the luminarie
December 12, pla,
welcome to panic
Town Hall.
For those wishi
Jenks at Caldwel.
Bobbie McIntosh
physically assisting with the place at Lumber
yet, why don't you ride down, take
unloading and loading of speed
Landing in what I, a look for yourself and draw your
boats at Lumber
conclusion.
lcars . Ohyes,
for lack of better words, would call own
shoulder of
ak
a wallowed out hole in marsh put p Y
the road.
there by irresponsible, uncon-
`T'W ifnot
er up, all these
TO sum this elast
cerned trespassers,
immediately 11
problems began March when
-
stopped
erode and destroy the beautiful
one of Mestc's town commission
Mahue Smith. illegally and
shore and place of many fond
hundreds of people,
ers. Mr.
without permission, built a dock in
memories of
and old alike, who have
the lagoon at Lumber Landing.
forced
young
Lumber Landing in the
Subseenjoyed
officials totlremovy. hee this dock. Itas
s
is
past years.
Your article states, "The commis-
,
an unfortunate disgrace, misuse o
malfeasance and in my
sinners countered saying that
erosion, and
public trust,
opinion, abuse of governmental
the storms had caused
filled in eroded places
power by Mr. Smith and now other
they had
with gravel themselves." The grav-
membersogovernment for nothingthe county
more than
el referred to by the commissioners
fairly large rocks which
g personal gain
their own selfish, p
our
is actually
to the hole in the marsh
with no regard for our children,
burial
is an access
where they can launch their boats
environment, the sacred
of our forefathers and the
without getting their trucks stuck.
place
beauty of Lumber Landing*
This access has in fact cut the
landing in half. It
natural
Come on fellows, after all it's
beach at Lumber
make it very painful, if not
Mesic's only decent swimming
will
ld n or any-
hole.
impossible, for our chi re
one else to walk, run and play bare-
footed on our little beach. While it
is true that the storms have caused
erosion it has been greatly acceler-
ated by automobile traffic that has
loosened the fragile sandy soil and
killed all the vegetation that would
have otherwise stabilized the soil
and prevented erosion. I hope by
now you are beginning to get a pic-
ture of what is actually taking
Troy D. Potter, Jr.
Mesic, NC
Editor's note: The Pamlico News
stands behind the facts presented
in the story. Several attempts by
The Pamlico News staff to locate a
deed to the property at the Register
of Deeds office have been unsuc-
cessful.
wants you
aboard the
May 9,
YOUP, a
• Ro
To Newport
Choice of
Entertain
and 7 Ni
Pack Pa:
Outside Cabin
Outside Cabin
Inside Cabin W
Inside Cabin W
TRAVEL SHOP
SPEC DOC
September 3, 1999
The Survey Plat made by Atlantic Survey and Design, entitled Survey of Existing Parcels,
19.467 Acres Total - William H. Jones, Ill; F. W. Beach, III; Claud W. Carawan, II;
and Troy D. Potter, II - Township #4 Pamlico County, North Carolina was delivered
to the Court House in Bayboro, N. C.: was received in the office of the Register of Deeds
at 11:33 AM on 8/31/1999 and was duly recorded that morning. It is filed under PCA SL
115-3 in the Office of the Register of Deeds.
U4 cedar 'gee m ME 510
110 inl,re at 170 DETAIL STATE OF NORTH CAROLINA - PAMLICO COUNTY CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS
�
� 101" COUNTY,
1' 50' 1 _ - REVIEW OFFICER OF PAMLICO NORTH CAROLINA, PAMLICO COUNTY
/, COUNTY, CERTIFY THAT THE PLAT TO WHICH THIS CERTIFICATION IS
`� �N 99 ;� AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. FILED FOR REGISTERATION ON _-SAY OF
AT - (AM/PM) AND DULY RECORDED IN PLAT
�44 / F CABINET _, SLIDE(s) _4
�� / N 27.20'01• W DATE REVIEW OFFICER 0 20
(70
ti62� 8. � 5 GM5 60.00" Total 321.55" 4c y 122,
635 f
Sq Q� REGISTER OF DEEDS 1225
�1 p
N V
62'39'59• E 321.48' 2
P05T L 122E
Tie: To Spike
5 09'08' E 9.5 o / END PA VEMENT �- NG 5R 1226 R/W - Lumber Landing Rd.
N / o
I cMF�,
Average High 321-40
; 321.40'
Water Line ! L OGA TION
/
Q/ 3 qa-�;:\�.ItrlF� + MAUREEN 7WOMBLY APPROXIMATE LOGATi�^•
DB. 224. PG. 806
j. J. EDGERTON PG. A. 5L. 8-9 -Access Road - _
DB. 182. PG. 755 - ✓ -- ----------------
10 : , c sore ---------- 3
---_-------------------------------------------------------
/00
__--_________ N 60'13"50" E T 246.04"
_ - 908.2 Total F
/.I +---------- -------------------------
-------------------
''1 ►� /~---------- 534.43' foi -----------------
\ / N 1 N 60'06'43• E --------- 662.19'
/ h / N 60.06'43 E IPF 324.43"
210.00' I A
_ - #
I I&Wnd GMF: = GMF
s U
N 59'56'33 E
269.84" Lf4E
CA
I l l 1.000 ACRE o �'
W CEMETERY
o / cr,DB. 34, PG. 519
kA
U COO U
Of- go3
20" EA 5EMENT O \ PREP y vt
OB. 219. PG. 430 Average High
l Water Line 11.436 A GRE5 N 0 4.802 A GRE5
\ 267.50' -
� C EXGLu51VE OF cEr>ETERr � O h� TROY D. POTTER '
Ilk- q 35 E - 5 62'40'12 • W DB. 34. FG. 519
N 53.3 DB. 268, PG. 103
y , DB. 81. Pte. 489 SECOND TRACT
V
rip` 0. DB. 97. P;. 241
tK DB. 98. FG. 536
DB. 105. PG 621
I
�
h
IPF - IRON PIN FOUND G� ,moo I
IPS - IRON PIN SET �/ ql 453.44 L
R -
CMF - CONCRETE MONUMENT FOUND �O R=45
0
CMS - CONCRETE MONUMENT SET ,y' C
co, - UTILITY POLE w/ Overhead Utilities �� 16001)\ 1 48'50'23' E
\
15125'
0
4V �.� � � 5 88'15'46
` p IP5 --- 5 62'57'11 • W 579.36
v y, GMS 321.55• -- 5 G2'S7'll' W 679.32" SPS 62.24
/ h dry ^ N 62'3_9'59' E Gf-BRA 55 GAP SET Lumber Lending Road _ N 62'57.11 E ,T�" 1313.15" Total - NG SR 122
a\. 321.48' - -----666.6z------NG2'57'11'E --GO' R/W-------- ry-BRassGaPSE-- - - - - -- NG2'57'li"E--- 646.55---------�
ti IPS 648.37 I \
GMF O fi GMF � 321.40' 653.90" IPF
'f IPF \
AREA OF :RAVE 5TONE5 tP JOHNNY + 5AMMIE LEARY2
/ q ''" ` \ �' 3 DB. 194. PG. 322 \
N 12'31'23' W - - •, v
f 235.67• 2.229 ACRES
GMF¢; GMF
N 52'57'46' W 1+ '-=` PETEA. LOZIGA /O \
stand 1 CEMETERY 4 M �. ' u
85.11' �/ DB. 81. PG. 489 �' ���. O DB. 231, PG. 912
/ 20' EASEMENT \�\`� S 011G��5WELL _ I ' rn
'�'DB. 219. PG. 430 3q o
N 75'26.53• WA511 �\ :� .� L--------�
75.90
i
5 63'33'27' W 217.35• Total
LONNIE J. PERRY
DB. 93. PG. 557
I
PATRIGiA + JOHN WOLLERTON O
O
DB. 224. PG. 806 N
SURVEY OF EXISTING PARCELS
113.4G7 AGRE5 Ctotal-)
CERTIFICATE OF SURVEY AND ACCURACY
FOR
1, JERRY R RYAN, CERTIFY THAT TW MAP WAS DRAWN UNDER MY SUPER- OO
VISION FROM AN ACTUAL SURVEY MATE UNDER MY SUPERVISION; THAT THE ••
William t1. Vol leS. F. W. Beach, 111
DEED DESCRIPTIONS SHOWN HEREON VERE USED IN PREPARATION OF THIS
i
SURVEY; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN
LINES; THAT THE RATIO OF PRECISION AS CALCULATED IS 1:15,000±, THAT
Claud W. Garewan, ll Troy D. Potter, #
THE AREA WAS COMPUTED BY COORDNATE COMPUTATIONS; THAT THIS PLAT O
I' .i .' �5
�9
\ WAS PREPARED IN ACCORDANCE WITH G.S. 47-30; THAT THIS PLAT IS A r .
A CATEGORY G.S. f -11-c-1. AN EXISING PARCEL OF LAND AND DOES NOT "� '`
\
OG
1-9
N
CREATE A NEW STREET OR CHANGE IN EXISTING STREET.
\
WITNESS MY ORIGINAL SIGNATURE ANE SEAL THIS 6th DAY OF AUGUST 1939 `i��
TOWNSHIP No. 4 PAMLICO COUNTY NORTH CAROLINA
\ O
DATE Aug. G. 1999
A tlentic Survey + Design
JOB No: 9167
302 SOUTH FRONT STREET
�-
REGISTERED U 5'R Y9R L 3302
NEW BERN, NORT)", = AROLINA C
SCALE: 1, = 100
C252-) G33- oG49