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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." Get 2 Hours FREE On 600 Yard Gun Range with purchase of BLACK POWDER RIFLE A ►A ►i PROPOSED LAW ENFORCEMENT CENTER County of Pamlico North Carolina D 3 D TEN 'NARCOTIC i k WOMEN'S VEND%-Ev DETECTtvE 1 DETECIVE DETECTIVE DETECTIVE DEPUTY DEPUTY LOCKERS Si.tAYuW LELECZIRICAk i SHERR6T' ADMEN. CORRIDOR NTERR. ROOM T AIUL1 EXCERCISE R ROOM ROOM ROW/ LAB LAUNDRY SO� CO . f ROOM EHD£NCE P RWM 9tt MAIL / ER STOIL COPY PLAINT ' STUPAG£ MEWS MEN' MEN'S CELL CELLS ISSUE ASSR. LOCKERS S£C. EL REST- . J VEST JAIL CORRIDOR �H. M COVERED. $E ED. RECEPTION t fANCEO �-- KITCHEN Ni 800XING WAITING 'E AREA MAGISTRATE L SE sT. . RES I SECURED VEtRCE£ SECURTIY TIBULE VEST. AREA D SALLY PORI TEL./ IN10X. SECUR. ROOM 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 �✓Z,� �u-� /Le a, / O, S- S �/ 1 �, �� �'Gc2.cr� �Lta-t.�j,�� � v` %•�. Y -- Jet -llw ,o—w•---�- rf ' �u--�..t�- .gyp.-��cv�-�f,, .r �ia-,,,s� ,� �j� - � /i-�-e'er-�-� � U- �-�•�.,'� �+�.- �-vz-� . � ,�(/l -� �-�-. � - 0�-- A—.^..� �-vr "�,G,y— �-�-,,....P �t.a=.� ���✓1� a•.r°�. (-f�rr ,�,_.., a..-.�_ '1,' a. o,t�-lp..�......_ "fiL.�►..�-/ .-- .1�.��.A- •l-- (��..-fly.. At �� —,.9 CA / n s / l✓ �i3 /1-�^ - cam Q . Or :�/ % r/�., ci �`tt , ! r.!✓i • /�'%',--� r` Vit^ ('.< . �y � �t�� .( J1 �-� ii�� rfl t � .�... o f 1 / ' v// • D / / lila- / I! cc_•-..,J�� Gtl �LY� -tCu� �-�j�-rl,J�-o�-.�.�. �%tL+�1 �?' Ile �' ✓? a, = , 0-1 • (rir -v ��t.a�' fait . ,rte.. ,4-P� �. �_ u� ,�o�-<:.-( ILI,,�./ � D / (3,u�.. .f/,Z, ./lit .�. o�-v.M ���Q.I� D <l.o-.-...._ ��L.. /L vim_ C.�t.�t,.,.► RECORD OF DEEDS 94 .>>0 �1',.,..-��( �= 1�.c�t�,,,-� ��✓7a��lir.-Ci'c.,A o�Lt. ' � -- I f-�-�/i—i3��-_�_/<`.���-y� GC�Y//'�.�/M �v1+� /1/�-��_ �'�+•1 /�'l/��i:�l.nl�j-�C.J 074 Q .. � moi( '`'Zwr / :Z.. �-�• a.�.a � o- _ / ��-�l/•� � �p ell G-�. /l.� n-�� �l,-,�• .S f��A c / ��/ Dom, s ra. ,� "6��t: v -1 w' i� . r^ �-.i(-A.4•^.•a tom(` Gw Q� � /.1��.a,,t- ��/LfJ.� (�C,�.�/� /y (f.. ' � �J�ta,fl�j �t_t.�� �l�-�L�.%FJ. .��(.�+✓�1.��({ ,!L•ct��-r.� �/� �..(�i 74. oil A- /��c�tr-c.-,�..--Lt�..._ �!/.`-� �0�! (/��,�_ , (�.. •�r �'_t 1�-��- /�tl,,.%/ ' Int—�-•-vC. 1 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 ' i ,.,^, ;^^.f17f+1f�F:.'T„yv,•.t, :itis .y..!. N. ,. ..-.v.,.,y.':. *`.R-', �. 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 USPS 782-460 Published 51 times a year The Pamlico News Publishing Company 406 Broad St., Oriental, NC (919) 249-1555 (919) 249-0857, fax Subscription Rates` $17.50 per year in Pamlico, - Hyde and Beaufort Counties $32.00 per year in NC ' $40.50 per year outside NC, Send changes of address to:' The Pamlico News , P.O. Box 510 Oriental, NC 28571 Second Class Postage Paid 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