General Permits (6822)

CERTIFICATION OF EXEMPTION
FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC Subchapter 7K .0203.
Applicant Name
Address
City
Project Location (County, State Road, Water Body, etc.)
Type and Dimensions of Project
The proposed project to be located and constructed as described
above is hereby certified as exempt from the CAMA permit re-
quirement pursuant to 15 NCAC 7K .0203. This exemption to
CAMA permit requirements does not alleviate the necessity of
your obtaining any other State, Federal, or Local authorization.
Phone Number
State Zip
This certification of exemption from requiring a CAMA permit is
valid for 90 days from the date of issuance. Following expiration,
a re-examination of the project and project site may be necessary
to continue this certification.
SKETCH (SCALE: - )
L L1
tt�5t7--'. .<
?�
sent of a CAMA official under the mistaken assumption that the
development is exempted, will be in violation of the CAMA if there
is a subsequent determination that a permit was required for the
development.
The applicant certifies by signing this exemption that (1) the ap-
plicant has read and will abide by the conditions of this exemp-
tion, and (2) a written statement has been obtained from adjacent
landowners certifying that they have no objections to the
proposed work.
Applicant's signature
CAMA Official's signature
�1
Issuing date
Expiration date
Attachment: 15 North Carolina Administrative Code 7K.0203

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER/MOORING PILINGS/BOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent toyl f' 15y l 'td -d i2 is
(Name of Property Owner)
property located at j'' ,� 14�h`' ,-� j 1-9
(Lot, Block, Road, etc.)
on 1-r , in D j'fe*-' %t�z- L , N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
I d4 wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
1`!
Signature
-T,�--) ti' E -/` Z_, Z271 -,--0A
Print or Type Name
,-;?- -?53
Telephone Number
Date: OCA

DEC -28-1999 07:52 MATHEWSON EQUIPMENT 401 231 5730 P.02/02
ARJACENT RIPARIAN pRopE -fy O'NM STATIIV EW
I hereby certify that Y own PrOPeYV awjacca to
(z=,Of Property Owner)
property located at J� /"Nt1r.✓J ,
(Lot, Block, Road, etc.)
on !✓i' �fC'r!/c'! , its i?'iGr'✓J� , N.C.
(Waterbody) (Town andlor Caunty)
He has describme
es as shownolo►
b, the "vdlopmont he is proposing -at that location,
and, I have ao obiections to his proposal.
4
DEsORrT1ON ANDIG-R-DBA; VING OF PROPOSED DEVELOPMENT
(To he,fdkd ml by iMUVWUdPraFaSkg-development)
�SivatuTe -
print or Type Name
Telephone Number
Dair. / a
lZyi
TOTAL P.02

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
December 14, 2001
Mr. David Maier
23120 Winterberry Lane
California, MD 20619
........... .:n ti
NCDENR
SUBJECT: Final Inspection — Restoration Efforts Lot #18 Dolphin Point
Pamlico County
Dear Mr. Maier:
On December 5, 2001, Tracey Wheeler— DCM Field Representative and I conducted a site
inspection on your property located adjacent to the Neuse River at Lot #18 in the Dolphin Point
subdivision off White Farm Road (NCSR1349) in Pamlico County. The purpose of this visit was
to determine whether or not you had relocated the encroaching portion of the bulkhead and
completed the steps outlined in the restoration plan previously submitted and approved.
Based upon our site visit, it was determined that all restoration previously requested by the
Division of Coastal Management has been satisfactorily completed. Over the next several
months, please monitor the areas that have been backfilled and graded. Additional backfill,
straw, and seeding may be required to permanently stabilize the area.
Thank you for your cooperation in bringing this matter to closure. Should you have any questions
or need additional assistance, please do not hesitate to contact me by phone [phone] or via
e-mail scott.iones(a ncmail.net.
Sincerely,
Cott Jones
Enforcement Coordinator
Attachments
cc: Waverly Shore
Janet Catton
Skip Lee, Pamlico Co. Inspections
Tracey Wheeler, NCDCM
Ted Tyndall, NCDCM
Morehead City District \ Hestron Plaza II, 151-B Hwy 24
Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet:
http:/ / dcm2.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER.
PAPER.

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
December 14, 2001
Mr. David Maier
23120 Winterberry Lane
California, MD 20619
_ern
NCDENR
SUBJECT: Final Inspection — Restoration Efforts Lot #18 Dolphin Point
Pamlico County
Dear Mr. Maier:
On December 5, 2001, Tracey Wheeler— DCM Field Representative and I conducted a site
inspection on your property located adjacent to the Neuse River at Lot #18 in the Dolphin Point
subdivision off White Farm Road (NCSR1349) in Pamlico County. The purpose of this visit was
to determine whether or not you had relocated the encroaching portion of the bulkhead and
completed the steps outlined in the restoration plan previously submitted and approved.
Based upon our site visit, it was determined that all restoration previously requested by the
Division of Coastal Management has been satisfactorily completed. Over the next several
months, please monitor the areas that have been backfilled and graded. Additional backfill,
straw, and seeding may be required to permanently stabilize the area.
Thank you for your cooperation in bringing this matter to closure. Should you have any questions
or need additional assistance, please do not hesitate to contact me by phone [phone] or via
e-mail scott.iones(d_)ncmail.net.
Sincerely,
4 5 c t2'�k- v1
Cott Jones
Enforcement Coordinator
Attachments
cc: Waverly Shore
Janet Catton
Skip Lee, Pamlico Co. Inspections
Tracey Wheeler, NCDCM
Ted Tyndall, NCDCM
Morehead City District \ Hestron Plaza II, 151-B Hwy 24
Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet:
http:/ / dcm2.enr.state. nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER.
PAPER.

Fw: Survey
Subject: Fw: Survey
Date: Mon, 3 Dec 2001 18:11:12 -0000
From: "Dave Maier" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
CC: "Dave Maier" <[e-mail]>, "Waverly Shore" <[e-mail]>
Scott,
I received confirmation from the surveyor that the corrections made to the
seawall now put the corner on my property. There is a new iron stake in the
corner, placed by Mark Lee, which I agreed to do for Ms. Catton.
Let me know if there is any further action needed to close this issue.
v/r
Dave
----- Original Message -----
From: <[e-mail]>
To: Dave Maier <[e-mail]>
Sent: Monday, December 03, 2001 10:45 PM
Subject: RE: Survey
> When out there Saturday morning, set a new iron at the end of the
bulkhead.
> The bulkhead is not over the line but just barely not over line.
> Will be sending you a bill.
> Mark R. Lee, PLS
> Facility Engineer - Coastal Region
> NC Wildlife Resources Commission
> Division of Engineering Services
> P.O. Box 303
> Arapahoe, NC 28510
> Phone/Fax: [phone]
> Cell: 252-670-4450
> Pager: 252-634-4970
1 of 1 12/4/01 8:49 AM

Sea Wall Modification
Subject: Sea Wall Modification
Date: Sat, 24 Nov 2001 17:59:04 -0000
From: "Dave Maier" <[e-mail]>
To: "Waverly and Linda Shore" <[e-mail]>
CC: "'Scott Jones"' <[e-mail]>
Waverly,
I want to tell you again how much I appreciate your attention to getting the sea wall modification completed. I
know you are busy with your other job.
I will notify Scott Jones from CAMA that we are complete with restoration work. The property excursion will be
verified when I get a surveyor out there to formally stake off that corner and verify that no portion of the seawall
infringes on her property. I will copy you on that message to Mark Lee.
I do believe that another load of fill dirt will be required after the existing fill settles in. The rain all last night
certainly helped but I would like to look at it again over Christmas and make a decision then. I want to avoid any
wash in that corner and perhaps more dirt with grass on it can offset some of the natural erosion from the grade of
the land and those berms.
Please send me a bill for this effort. By the way, did you happen to take any pictures after you finished yesterday.
I was on my way home today and didnt have a camera.
Again, thanks for your prompt effort.
Dave
Dave and Sue Maier
23120 Winterberry Lane
California, MD 20619
dsmaier(cDerols.com
1 of 1 It /26/01 9:46 AM

Status of Sea Wall Construction
Subject: Status of Sea Wall Construction
Date: Sat, 24 Nov 2001 18:13:25 -0000
From: "Dave Maier" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
CC: "Dave Maier" <[e-mail]>, <[e-mail]>
Scott,
Waverly finished up the restoration of the sea wall on Friday evening. I
believe that an excursion no longer exists on Ms. Catton's property.
I believe that this action on our part satisfies the encroachment issue
stated in your original letter. Additionally, I believe that an appropriate
amount of fill was replaced to make the area of concern no longer a point of
erosion caused by anything structurally wrong with the sea wall. Ms.
Catton's rip rap appears to be in a condition similar to what it was prior
to the construction.
I am going to contact Mark Lee, the surveyor who performed my property
survey back in April, and request he formally verify that the existing sea
wall border does not encroach on her property. I will ask him to stake out
the southern and eastern most corner with a marker for the record at the
earliest possible time. I would assume you will want to coordinate with him
to verify.
I plan on assessing the condition of that corner when I come down for the
Christmas holiday. As the dirt settles, it probably will be necessary for
me to place another load of fill dirt in that corner, but I'll handle that
on an "as needed" basis.
Let me know of any further actions you require or resolution measures on my
part.
Hope your holiday was good.
v/r
Dave
1 of 1 1 1/26/01 9:47 AM

Survey
Subject: Survey
Date: Sat, 24 Nov 2001 18:25:11 -0000
From: "Dave Maier" <[e-mail]>
To: <[e-mail]>
CC: "'Scott Jones"' <[e-mail]>, <[e-mail]>
Mark,
Periodically, I have contacted you about a survey you conducted on Lot 18 in
Dolphin Point, Oriental for me back in April.
I had an encroachment issue with about 6 inches of a sea wall on my
neighbors property. The contractor has since gone in and addressed that
problem by removing that portion.
However, I believe to satisfy the CAMA inspector, Mr. Scott Jones, I will
have to formally verify that by a licensed surveyor placing a marker or
stake at that northern and eastern most corner of my property adjacent to
Ms. Catton's lot (# 19).
Could you or one of your crew get to the lot in the near future and mark
that property point. There is already existing metal and wood stakes along
lot 19 but the furthest point closest to the water had to be disturbed
during the construction.
I certainly appreciate your time. Please bill me for the effort. My
address and phone number are below or you can send me an email and I'll
throw the check in the mail ... with the right postage! Hope your holiday was
good.
Dave
Dave Maier
23120 Winterberry Lane
California, MD 20619
[phone]
1 of 1 11/26/01 9:47 AM

F I: Progress
Subject: FW: Progress
Date: Tue, 13 Nov 200120:23:58 -0500
From: "Maier, David R" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
Scott,
Things are going somewhat slow but progressing. From Waverly's email below,
we should have this wrapped up with one more weekend.
My concern is that tie bars go back to a cement header about 10-12 feet
behind the wall. This is the means for retaining the shape of the wall
given back pressure from rain runoff. No mention of pouring that.
I plan on being in Oriental for Thanksgiving and will certainly find time if
he is in town to head back out there and discuss the progress.
Dave
-----Original Message -----
From: Waverly Shore [mailto:[e-mail]]
Sent: Tuesday, November 13, 2001 6:01 AM
To: Maier, David R
Subject: Re: Progress
hi david,
just wanted to bring you up to date on the wall i just got in and we have
removed the wing wall and have reinstalled it on to your side of the
property line we left the survey markers intact so that they will be no
doubt as where the property line is we still will have to install the
whaller and the inside and outside top boards as well as the top cap boards
we will finish the job at my next time off which should be in 1 1/2 to 2
weeks i dont get very much time off but will finish at my next time off
hope all of your family is doing fine and have a safe holiday we will be
praying for you in your work
waverly
----- Original Message -----
From: "Maier, David R" <[e-mail]>
To: "'Waverly Shore'" <[e-mail]>
Cc: "'Dave and Sue Maier'" <[e-mail]>
Sent: Thursday, November 08, 2001 4:44 PM
Subject: RE: Progress
> Thanks for the info. I hope Waverly stays safe.
> I will be home for Thanksgiving, probably on Wednesday, so I may be able
to
> give him a hand if he isn't finished yet.
> Let me know if there anything I can do to help out.
> Dave
> -----Original Message-----
> From: Waverly Shore [mailto:[e-mail]]
> Sent: Friday, November 09, 2001 12:54 AM
> To: Maier, David R
> Subject: Re: Progress
> Dave
> I talked with Skipp Lee today thursday and no new permit with the county
is
> required. Waverly called last night and he is now scheduled to unload
last
> in virgina friday afternoon at 4.00 pm but this could change. His plans
are
1 of 11/14/01 8:56 AM

1 Z'W: Progress
> still to start this weekend, Monday the latest. It will be nice to have
him
> home for a few days. I'll let you know how things progress.
> Linda
> ----- Original Message -----
> From: "Maier, David R" <[e-mail]>
> To: <[e-mail]>
> Cc: "'Dave Maier"' <[e-mail]>; "'Scott Jones"'
> <Scott.Jon [e-mail]>
> Sent: Friday, November 02, 2001 8:43 AM
> Subject: Progress
> > Wa verl y,
> > I received the letter of concurrence from NCDENR/Scott Jones concerning
> our
> > plan for the restoration of the seawall encroachment.
> > One point that was brought up in the letter that I did not think about
> > before is giving Ms. Catton a call prior to commencing construction.
> Since
> > we may be disturbing some of her property, I consider that a
professional
> > courtesy. I know you have had legal dealings with her in the past, so
if
> > you feel uncomfortable talking with her, let me know and I'll make the
> call.
> > Speaking of that, have you had the time to start? I know you are going
to
> > be busy during the upcoming holiday season but it is important that we
> dont
> > delay past our deadline. Let me know if there is any thing I can do to
> > support your effort.
> > Thanks for your cooperation. Stay safe on the road.
> > Dave
2 of 11114101 8:56 AM

Progress
Subject: Progress
Date: Fri, 2 Nov 200108:43:39 -0500
From: "Maier, David R" <[e-mail]>
To: [e-mail]
CC: "'Dave Maier"' <[e-mail]>, "'Scott Jones"' <[e-mail]>
Waverly,
I received the letter of concurrence from NCDENR/Scott Jones concerning our
plan for the restoration of the seawall encroachment.
One point that was brought up in the letter that I did not think about
before is giving Ms. Catton a call prior to commencing construction. Since
we may be disturbing some of her property, I consider that a professional
courtesy. I know you have had legal dealings with her in the past, so if
you feel uncomfortable talking with her, let me know and I'll make the call.
Speaking of that, have you had the time to start? I know you are going to
be busy during the upcoming holiday season but it is important that we dont
delay past our deadline. Let me know if there is any thing I can do to
support your effort.
Thanks for your cooperation. Stay safe on the road.
Dave
1 of 1 1 115101 8:12 AM

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
October 30, 2001
Mr. David Maier
23120 Winterberry Lane
California, MD 20619
NCDENR
SUBJECT: Resolution of Bulkhead Encroachment Lot#18 Dolphin Point
Pamlico County
Dear Mr. Maier:
This office received your plan for resolving the bulkhead encroachment between lots #18 and #19
in the Dolphin Point Subdivision at the terminus of NCSR 1349 near Oriental in Pamlico County
(see attachment). A review of this plan found that it is consistent with the steps discussed during
our October 8th site meeting. As a result, staff has determined that completion of this restoration
plan will satisfy the terms and conditions of the Certificate of Exemption issued to you March 16,
2000.
In general, the plan will involve the removal of the portion of the bulkhead that encroaches over
the property boundary; replacement of rock disturbed during removal; backfill of excavation
areas, and stabilization of disturbed areas consistent with pre -project conditions. Because a
portion of the work will be conducted on adjacent property, please notify the owner, Mrs. Janet
Catton, prior to initiating work. Likewise, please notify this office when restoration efforts are both
undertaken and completed. As outlined in the plan, all restoration will be completed by
November 30, 2001. If circumstances warrant, the Division of Coastal Management may extend
this deadline.
Thank you for your continued cooperation in this matter. Should you have any questions or need
additional assistance, please do not hesitate to contact me by phone [phone] or via e-mail
scott.lones(cr�ncmail. net.
Sincerely,
Scott Jones
Enforcement Coordinator
Attachments
cc: Waverly Shore
Janet Catton
Skip Lee, Pamlico Co. Inspections
Tracey Wheeler, NCDCM
/Ted Tyndall, NCDCM
I
Morehead City District \ Hestron Plaza I1, 151-B Hwy 24
Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet:
http://dcm2.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER. - 50% RECYCLED / 10% POST CONSUMER.
PAPER

SITE
NEUSE RIVER
418 To INTER
SEC
°HIN ROAD ✓4 Se�,..ION OF
"A" to W
N280 50'12"E 19.99'
Ra552.35' L=19.99'
N CA/?p�
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NOTES:
FOR REFERENCE SEE
DB 358, PG 543
PC "A", SLIDE 30-6
THE RATIO OF PRECISION WAS
CALCULATED AT 1=10,000+
ov 00 ZZ TOOZ 'ZZ AV U6p )@l2w\aaieua-20_voTO\TOOZ\
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60' R/W
Et
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EIP EIP
(DISTURBED)CN
O
18.42' SIP,
EIP - EXISTING IRON PIN STONE
SIP - SET IRON PIN RIP -RAP
THIS SURVEY IS OF AN EXISTING PARCEL
AND DOES NOT CREATE A NEW STREET
OR CHANGE AN EXISTING ONE.
RIPARIAN RIGHTS HAVE NOT BEEN DETERMINED
OR CONSIDERED BY THIS SURVEY.
THIS SURVEY IS SUBJECT TO ANY FACTS THAT
MAYBE DISCLOSED BY A FULL AND ACCURATE
TITLE SEARCH.
SURVEYED BY
MARK R. LEE
PROFESSIONAL LAND SURVEYOR
P. 0. BOX 303
ARAPAHOE, NC 28510
TELE. * (252) 249 - 0226
DATE: APRIL 21, 2001 DRAWN BY-. HWL
REVISED: UnR •:
010408
EIP
0 30'11"
NEUSE
RIVER
n
D
31P 13.99'
0 01 0 :�
.0
DAVID R. MAZER
LOT 18 - DOLPHIN POINT SUBDIVISION
ORIENTAL
TOWNSHIP 02, PAMLICO CO, NORTH CAROLINA
rn
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n
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0 01 0 :�
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DAVID R. MAZER
LOT 18 - DOLPHIN POINT SUBDIVISION
ORIENTAL
TOWNSHIP 02, PAMLICO CO, NORTH CAROLINA

Froin: David Maier
To: Scott Jones, NCDNER
01111 'j_ zoo,
Subj : Resolution of Sea Wall Encroachment, Lot 18 Dolphin Pt.
1. After obtaining a survey and visual inspection, I have confirmed
that an encroachment exists with the current installation of the
sea wall. After discussing the situation with the installing
contractor, I will facilitate the movement of the encroaching
portion (corner wall) from the adjacent property.
2. The effort to undertake this modification will start immediately,
depending on the contractor availability. The effort is planned
to terminate not later than 30 November. if an extension is
required, 1 will notify your office immediately and give an
updated estimate for completion and reason why delays were
encountered.
3. The modifications will require movement of existing rip
rap/shore protection. Every effort will be made to return the
adjacent property rip rap to the condition when the construction
started. Fill dirt will be applied to the existing erosion area.
avid R. Maier
Copy to:
Waverly Shore

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
October 30, 2001
Mr. David Maier
23120 Winterberry Lane
California, MD 20619
NCDENK
SUBJECT: Resolution of Bulkhead Encroachment Lot #18 Dolphin Point
Pamlico County
Dear Mr. Maier:
This office received your plan for resolving the bulkhead encroachment between lots #18 and #19
in the Dolphin Point Subdivision at the terminus of NCSR 1349 near Oriental in Pamlico County
(see attachment). A review of this plan found that it is consistent with the steps discussed during
our October 8`h site meeting. As a result, staff has determined that completion of this restoration
plan will satisfy the terms and conditions of the Certificate of Exemption issued to you March 16,
2000.
In general, the plan will involve the removal of the portion of the bulkhead that encroaches over
the property boundary; replacement of rock disturbed during removal; backfill of excavation
areas, and stabilization of disturbed areas consistent with pre -project conditions. Because a
portion of the work will be conducted on adjacent property, please notify the owner, Mrs. Janet
Catton, prior to initiating work. Likewise, please notify this office when restoration efforts are both
undertaken and completed. As outlined in the plan, all restoration will be completed by
November 30, 2001. If circumstances warrant, the Division of Coastal Management may extend
this deadline.
Thank you for your continued cooperation in this matter. Should you have any questions or need
additional assistance, please do not hesitate to contact me by phone [phone] or via e-mail
scott.lones(cD-ncmail. net.
Sincerely,
Scott Jones
Enforcement Coordinator
Attachments
cc: Waverly Shore
Janet Catton
Skip Lee, Pamlico Co. Inspections
Tracey Wheeler, NCDCM
Ted Tyndall, NCDCM
Morehead City District \ Hestron Plaza I1, 151-B Hwy 24
Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet:
http:/ / dcm2.enr.state. nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER. - 50% RECYCLED / 10% POST CONSUMER
PAPER.

From: David Maier
To: Scott Jones, NCDNER
ocr 2 4 2001
Subj : Resolution of Sea Wall Encroachment, Lot 18 Dolphin Pt.
1. After obtaining a survey and visual inspection, I have confirmed
that an encroachment exists with the current installation of the
sea wall. After discussing the situation with the installing
contractor, I will facilitate the movement of the encroaching
portion (corner wall) from the adjacent property.
2. The effort to undertake this modification will start immediately,
depending on the contractor availability. The effort is planned
to terminate not later than 30 November. If an extension is
required, I will notify your office immediately and give an
updated estimate for completion and reason why delays were
encountered.
3. The modifications will require movement of existing rip
rap/shore protection. Every effort will be made to return the
ad.acent property rip rap to the condition when the construction
started. Fill dirt will be applied to the existing erosion area.
avid R. Maier
Copy to:
Waverly Shore

i/
NEUSE RNER
418' To INT
ERPHIN
ROSECTION OF
'A' to "B"
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SURVEYED BY
MARK R. LEE
PROFESSIONAL LAND SURVEYOR
P. 0. BOX 303
ARAPAHOE, NC 28510
TELE. * (252) 249 - 0226
DATE: APRIL 21, 2001 DRAWN eY: HWL
REVISED: LIM •:
010408
A SURVEY FO
DAVID R. MAZER
LOT 18 - DOLPHIN POINT SUBDIVISION
ORIENTAL
TOWNSHIP *2, PAMLICO CO, NORTH CAROLINA
SIP 13.99'
NOTES:
SIP
FOR REFERENCE SEE 18 42'
DB 358, PG 543109.50'
PC "A", SLIDE 30-6
5200 30111�W
BULKHEAD
W ODEN
o
THE RATIO OF PRECISION WAS
CALCULATED AT 1:10,000+
o
EIP - EXISTING IRON PIN STONE
SIP - SET IRON PIN RIP -RAP
NEUSE
THIS SURVEY IS OF AN EXISTING PARCEL
RIVER
AND DOES NOT CREATE A NEW STREET
OR CHANGE AN EXISTING ONE.
RIPARIAN RIGHTS HAVE NOT BEEN DETERMINED
40'
0'
40' 80'
OR CONSIDERED BY THIS SURVEY.
THIS SURVEY IS SUBJECT TO ANY FACTS THAT
MAYBE DISCLOSED BY A FULL AND ACCURATE
SCALE 1"
40'
TITLE SEARCH.
SURVEYED BY
MARK R. LEE
PROFESSIONAL LAND SURVEYOR
P. 0. BOX 303
ARAPAHOE, NC 28510
TELE. * (252) 249 - 0226
DATE: APRIL 21, 2001 DRAWN eY: HWL
REVISED: LIM •:
010408
A SURVEY FO
DAVID R. MAZER
LOT 18 - DOLPHIN POINT SUBDIVISION
ORIENTAL
TOWNSHIP *2, PAMLICO CO, NORTH CAROLINA

A
P
WILLIAM F. WARD, III
October 30, 2001
WILLMM F. WARD, III, P.A.
ATTORNEY AT LAW
NOV o 1 2001
Scott Jones
Enforcement Coordinator
NCDENR
151-B Highway 24
Hestron Plaza II
Morehead City, North Carolina 28557
310 NEW STREET
POST OFFICE BOX 893
NEW BERN, N.C. 28563
Phone [phone]
Fax [phone]
E -Mail Address:
[e-mail]
Re: Construction of Bulkhead for David Maier, Lot 18 Dolphin Point Subdivision,
Pamlico County
Certificate of Exemption - March 16, 2000
Dear Scott:
Waverly Shore has brought me your notice letter with respect to this issue with Mrs.
Catton. Earlier this year, Mrs. Catton brought a lawsuit against Waverly Shore alleging
encroachment on her property and damage resulting therefrom. We appeared and
defended the action before the Pamlico County Magistrate's Court and tendered
witnesses including Skip Lee the building inspector for Pamlico County. At the
conclusion of that hearing, the action against Waverly Shore was dismissed and no
monies were recovered.
During that hearing, numerous things were discovered as to actions taken by Mrs. Catton
which specifically affected this bulkhead installation and repair. Among those were the
fact that Mrs. Catton had built a berm along her property line which diverted all of the
natural flow of water along Mr. Maier's property and adjoining property from crossing
hers. This has caused the specific washout as is shown on the photograph taken of the
northern terminus of the vinyl bulkhead. Additionally, Mrs. Catton hired Bobby Cahoon
to rework the end of her bulkhead area and rip -rap subsequent to the installation of the
vinyl bulkhead by Waverly Shore. It is unclear as to who did what and who caused what
as a problem.
Mr. Maier clearly is an out of state landowner who merely owns the lot upon which this
bulkhead was installed. He has been aware of the actions taken by Mrs. Catton with
respect to building a burm and diverting the surface waters across his property until he
was notified of such earlier this fall. I am unsure as to what his position with respect to
the same is.

Ow

1W
Scott Jones
Page 2
October 30, 2001
Nov 01 2001
I can assure you that Mr. Maier and Mr. Shore worked as closely as possible to do
everything as was accorded by the permit and was required by the permit. As you have
stated, it was unclear where the precise terminus of the property was at the time of
construction. Mr. Shore merely installed the bulkhead in the area in which he was told
and brought the dead man terminus back into the property at an angle.
Please contact me at your earliest convenience so we can discuss this situation and I can
more fully inform you of the status of the Catton complaint and what was done about the
same.
I look forward�6 working with you.
WILLIAM F. WARD, III
WFW:nhp

RE: Lot 18 Dolphin Pt
Subject: RE: Lot 18 Dolphin Pt
Date: Mon, 22 Oct 2001 10:25:01 -0400
From: "Maier, David R" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
Thanks for the reply. I was worried that the CAMA process may take up time
prior to his starting. I was in Oriental... actually Morehead City, on
Saturday for a funeral and spent the night in Oriental and he had not
started. I called and he was on the road.
I will need to watch the schedule closely. The permit came to mind as a
potential stopper prior to getting going. I am assuming that he will have to
go through the county to get a work permit... hopefully that effort has been
started.
Can you send me your phone number. I have your contact information at my
house but not here at work.
Thanks
Dave
-----Original Message -----
From: Scott Jones [mailto:[e-mail]]
Sent: Monday, October 22, 2001 10:18 AM
To: Maier, David R
Subject: Re: Lot 18 Dolphin Pt
David -
A permit will not be required to modify this portion of the wall. Scott
"Maier, David R" wrote:
> Scott,
> Just a quick update.
> I will send you the hard copy letter that details my meeting with Waverly.
> We agreed to move the wall. We targeted completion by November. I
> apologize for the delay. It should be out with today's mail.
> For my information, will Waverly have to go and get additional permits to
> work on the modification or will his original CAMA permit suffice? I
> thought there was an exception for putting in seawalls but I seem to
> remember seeing the CAMA permit for his original work... or maybe that was
a
> separate work permit.
> Thanks
> Dave
1 of 1 10/30/01 11:38 AM

Lot 18 Dolphin Pt
Subject: Lot 18 Dolphin Pt
Date: Mon, 22 Oct 2001 10:12:01 -0400
From: "Maier, David R" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
CC: [e-mail], [e-mail]
Scott,
Just a quick update.
I will send you the hard copy letter that details my meeting with Waverly.
We agreed to move the wall. We targeted completion by November. I
apologize for the delay. It should be out with today's mail.
For my information, will Waverly have to go and get additional permits to
work on the modification or will his original CAMA permit suffice? I
thought there was an exception for putting in seawalls but I seem to
remember seeing the CAMA permit for his original work ... or maybe that was a
separate work permit.
Thanks
Dave
1 of 1 10/30/01 11:38 AM

Status of Sea Wall Construction
Subject: Status of Sea Wall Construction
Date: Tue, 9 Oct 200108:28:07 -0400
From: "Maier, David R" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
CC: [e-mail], [e-mail]
Scott,
Waverly and I met that same afternoon that you came to Oriental. We
discussed a plan of action and came up with one that should meet your
requirements and fit his availability/schedule.
First, we both agreed that the only reasonable approach is to remove the
corner wall. The top cap and vinyl sheet will be removed from encroaching
on her property. The new corner wall will tie into the front wall
approximately two vinyl sheets down (approximately 3-4 feet inside the
property line).
Second, after the modifications are made, fill dirt will be place in the
existing hole and the rocks put back in place to match the existing
condition. I have taken pictures to document the approximate height and
placement of the existing rocks. Waverly may have to move a couple on her
property to make the modifications and I don't want an issue with her later
saying that we caused additional erosion to her property.
Finally, Waverly and I discussed a schedule. He is busy with his existing
job and will be able to dedicate only a small period of time consistently
over the next month or so. He anticipated that a best case scenario would
be 3-4 days total for the modification with fill dirt arriving as needed at
a later date. He would be unable to get to the job this coming weekend but
targeted the following two weekends as possible dates to get his equipment
out there and get started. We agreed to a deadline of no later than late
November for completion.
I gave Waverly permission to start whenever he has time and that the
equipment can be left on my property to facilitate him not having to move it
back and forth from his residence. I think this will flow smoothly and in a
timely manner.
If you have questions or concerns, let me know. I will follow this email up
later this week with a hard copy letter to you stating the same issues.
Thanks again for taking time off on Saturday to come down.
Dave
1 of 1 10/9/01 6:04 PM

Meeting Monday 8 Oct in Oriental at 0800
Subject: Meeting Monday 8 Oct in Oriental at 0800
Date: Wed, 26 Sep 2001 10:29:47 -0400
From: "Maier, David R" <[e-mail]>
To: "'Waverly Shore"' <[e-mail]>
CC: [e-mail], "'Scott Jones"' <[e-mail]>
Waverly,
Scott has agreed to meet with me on Monday, 8 Oct at the lot in Oriental at
0800. Any chance that you can meet with us that morning? I think it is
important for Scott to hear our plans and your assessment of the time to
complete the construction.
Thanks for your assistance. I hope your trip was safe.
Dave
-----Original Message -----
From: Scott Jones [mailto:[e-mail]
Sent: Tuesday, September 25, 2001 9:29 PM
To: Maier, David R
Cc: [e-mail]
Subject: Re: SITREP Lot 18 Dolphin Pt
Dave -
I will plan to meet you 0800 Monday 10/8 at lot 18 Dolphin Point. Once we
get
into next week, I may be able to schedule a visit during the weekend (10/6
or
10/7) so as to avoid any travel delays for you on Monday. We'll play that
by
ear. Scott Jones
"Maier, David R" wrote:
> Scott,
> I return late on the 4th of October but since my wife works, we wont be in
> Oriental until the night of the 5th. I do plan to stay through Monday the
> 8th which is a federal holiday but I don't know whether state agencies
> handle it as such.
> Can you be in Oriental on Monday the 8th? I can meet you at the lot any
> time through the morning. We would probably leave town to return to
> Maryland around noon. My phone number in Oriental is [phone].
> Even if I miss you that day, my primary goal will be to meet with Waverly
> and discuss the construction and restoration plans. I need to hear from
him
> whether he is available that weekend. The only additional piece of
> information is whether he has all the material and tools on hand to start
> construction.
> v/r
> Dave
> -----Original Message-----
• From: Scott Jones [mailto:[e-mail]]
> Sent: Monday, September 24, 2001 10:13 PM
> To: Maier, David R
> Cc: [e-mail]; [e-mail]
> Subject: Re: SITREP Lot 18 Dolphin Pt
> Dave,
> Thanks for your cooperation on this matter.
1 of 3 10/1/019:48 AM

Meeting Monday 8 Oct in Oriental at 0800
>
> I would like to meet with you while you are here 10/5 - 10/8. Your
> tentative
> plans sound fine. I will look forward to your final plan once you have
> gathered
> all of your information. It is my opinion that you're decision to
relocate
> the
> wing wall (eliminating the encroachment) is the best choice. Please be
> aware
> that restoration of the site is only being required in an effort to meet
> related
> rules/statutes. I will discuss the restoration with Ms. Caton only after
> you
> and I have agreed on a course of action and construction timeline.
> In regards to Waverly, I have overseen several projects he has undertaken
> and am
> comfortable with his ability to complete restoration. Look forward to
> hearing
> from you. Scott Jones
> "Maier, David R" wrote:
> > Scott,
> > I am in the process of gathering some final data to meet your 28 Sept
> > deadline.
> > As it stands now, Waverly Shore has his equipment and can be available
to
> > correct the encroachment. With the information I have on the survey,
you
> > have a commitment from me that we will modify the existing seawall to
> ensure
> > that it does not exceed my property line.
> > Waverly is a long haul truck driver and is on the road all this week.
> > Construction can not begin prior to 1 October. Additionally, I would
like
> > to be present and inspect my property prior to any construction
beginning.
> > I will wait to hear from Waverly but I am going to come to NC the
weekend
> of
> > the 5th -8th of October. I previously asked him whether he has all the
> > assets on hand to start the construction process.
> > If this approach is satisfactory to you/Ms. Caton, then we will proceed.
> If
> > not, please notify me and let me know what other action you would like
me
> to
> > take.
> > I watched Waverly build the seawall. There is no doubt in my mind as to
> his
> > skill and craftsmanship. The encroachment issue will be resolved and I
> will
> > confirm a date construction can begin and an estimated time it would
take
> to
> > complete once I hear back from Waverly.
> > Dave
2 of 3 10/1/01 9:48 AM

RE: SITREP Lot 18 Dolphin Pt
> I would like to meet with you while you are here 10/5 - 10/8. Your
> tentative
> plans sound fine. I will look forward to your final plan once you have
> gathered
> all of your information. It is my opinion that you're decision to
relocate
> the
> wing wall (eliminating the encroachment) is the best choice. Please be
> aware
> that restoration of the site is only being required in an effort to meet
> related
> rules/statutes. I will discuss the restoration with Ms. Caton only after
> you
> and I have agreed on a course of action and construction timeline.
> In regards to Waverly, I have overseen several projects he has undertaken
> and am
> comfortable with his ability to complete restoration. Look forward to
> hearing
> from you. Scott Jones
> "Maier, David R" wrote:
> > Scott,
> > I am in the process of gathering some final data to meet your 28 Sept
> > deadline.
> > As it stands now, Waverly Shore has his equipment and can be available
to
> > correct the encroachment. With the information I have on the survey,
you
> > have a commitment from me that we will modify the existing seawall to
> ensure
> > that it does not exceed my property line.
> > Waverly is a long haul truck driver and is on the road all this week.
> > Construction can not begin prior to 1 October. Additionally, I would
like
> > to be present and inspect my property prior to any construction
beginning.
> > I will wait to hear from Waverly but I am going to come to NC the
weekend
> of
> > the 5th -8th of October. I previously asked him whether he has all the
> > assets on hand to start the construction process.
> > If this approach is satisfactory to you/Ms. Caton, then we will proceed.
> If
> > not, please notify me and let me know what other action you would like
me
> to
> > take.
> > I watched Waverly build the seawall. There is no doubt in my mind as to
> his
> > skill and craftsmanship. The encroachment issue will be resolved and I
> will
> > confirm a date construction can begin and an estimated time it would
take
> to
> > complete once I hear back from Waverly.
> > Dave
2 of 3 10/1/019:47 AM

RE: SITREP Lot 18 Dolphin Pt
Subject: RE: SITREP Lot 18 Dolphin Pt
Date: Wed, 26 Sep 2001 10:26:49 -0400
From: "Maier, David R" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
That sounds good. I really dont want you to work on the weekend... I'm sure
you value that time off as much as I do! If you feel that is more
convenient, then I certainly will accommodate you on a weekend. And dont
worry about my travel time. Our boys hate leaving Oriental and we never get
out of there before noon.
As for now, I will meet you on Monday morning at the lot. I'll try and
contact Waverly to get him there also.
Thanks
Dave
-----Original Message -----
From: Scott Jones [mailto:[e-mail]
Sent: Tuesday, September 25, 2001 9:29 PM
To: Maier, David R
Cc: [e-mail]
Subject: Re: SITREP Lot 18 Dolphin Pt
Dave -
I will plan to meet you 0800 Monday 10/8 at lot 18 Dolphin Point. Once we
get
into next week, I may be able to schedule a visit during the weekend (10/6
or
10/7) so as to avoid any travel delays for you on Monday. We'll play that
by
ear. Scott Jones
"Maier, David R" wrote:
> Scott,
> I return late on the 4th of October but since my wife works, we wont be in
> Oriental until the night of the 5th. I do plan to stay through Monday the
> 8th which is a federal holiday but I don't know whether state agencies
> handle it as such.
> Can you be in Oriental on Monday the 8th? I can meet you at the lot any
> time through the morning. We would probably leave town to return to
> Maryland around noon. My phone number in Oriental is [phone].
> Even if I miss you that day, my primary goal will be to meet with Waverly
> and discuss the construction and restoration plans. I need to hear from
him
> whether he is available that weekend. The only additional piece of
> information is whether he has all the material and tools on hand to start
> construction.
> v/r
> Dave
> -----Original Message-----
• From: Scott Jones [mailto:[e-mail]]
> Sent: Monday, September 24, 2001 10:13 PM
> To: Maier, David R
> Cc: [e-mail]; [e-mail]
> Subject: Re: SITREP Lot 18 Dolphin Pt
> Dave,
> Thanks for your cooperation on this matter.
1 of 3 10/1/019:47 AM

Fw: Survey
Subject: Fw: Survey
Date: Thu, 20 Sep 2001 19:23:05 -0000
From: "Dave Maier" <[e-mail]>
To: <[e-mail]>
CC: "Dave Maier" <[e-mail]>, "'Scott Jones"' <[e-mail]>
Waverly,
This is an email from Mark Lee, the surveyor I hired in the spring to lay
out my lot. It appears that his professional opinion matches that of Ms.
Caton's surveyor. An encroachment has occurred.
What I need to do now is get you down to the lot and look at the portion of
the seawall that exceeds my property line. I need you to start thinking
about what it will take to remove the wood cap, and lay another sheet of PVC
along the proper line with the appropriate tie in with the existing seawall.
I do not want to take a short cut on this. If I simply appease Ms. Caton
now on the erosion, I will probably have to answer the encroachment issue
later.
As for the erosion, I will meet with Mr. Jones to discuss that. My primary
focus right now is the encroachment. According to his letter, we have
violated NC statutes for construction exemptions and need to address it.
Let me know when you want to meet and what your opinion is on how to fix the
problem. I can be in NC only after the first week in October. Again, I owe
Mr. Jones a plan of action by 28 Sept.
Thanks for your assistance. Home phone is [phone] and work is (301)
757-6385. I should be in Maryland on Friday.
Dave
----- Original Message -----
From: Mark Lee, PLS <[e-mail]>
To: Dave Maier <[e-mail]>; Dave Maier <[e-mail]>
Sent: Thursday, September 20, 2001 11:16 PM
Subject: Survey
> I went down to you lot today, lot 19 has been surveyed in the last few
> weeks. The lines are clearly marked, a nail has been set in the wood
> bulkhead on line. From what I checked out all appears to have been done
> correctly. The wood bulkhead is over on lot 19 approximately one foot,
but
> with the condition of the bulkhead I don't know why the owner of lot 19
has
> a problem with it unless he is one of (those people). Your rock bulkhead
is
> covering up the wood one and is also helping protect his lot.
1 of 1 9/21/01 8:51 AM

Bulkhead Lot 18 Dolphin Point - Pamlico Co. SITREP
Subject: Bulkhead Lot 18 Dolphin Point - Pamlico Co. SITREP
Date: Tue, 18 Sep 2001 17:50:31 -0400
From: "Maier, David R" <[e-mail]>
To: "'Scott Jones"' <[e-mail]>
CC: "'Dave and Sue Maier"' <[e-mail]>
Scott,
Just want to give you an update.
First, I contacted Waverly and got some good news. He did not sell his
equipment and is available to extract a portion of the seawall given
confirmation that an encroachment exists.
Next, I have called and emailed the surveyor that conducted my survey. I
want to meet him personally on the lot and go over the boundaries so I can
get a first hand look at the stakes and property lines. This will confirm
the encroachment. This is critical in the overall strategy and I need a
quick response from him.
Next, I have asked Waverly for a detailed description of his fill
techniques. I need this to help determine whether my seawall was actually
the source of the erosion. I took some pictures after the construction was
complete and it looked pretty darn sound to me.
I think I will need to travel to NC once I get all the information I need to
resolve the issue. I will coordinate with you prior to that trip but it
will most likely be before your 28 Sept deadline. I will keep you informed.
Dave
I of 1 9/19/01 8:38 AM

RE: second reply RE: Survey on Lot 18 Dolphin Pt
Subject: RE: second reply RE: Survey on Lot 18 Dolphin Pt
Date: Wed, 19 Sep 200108:22:12 -0400
From: "Maier, David R" <[e-mail]>
To: "'[e-mail]"' <[e-mail]>
CC: "'Scott Jones"' <[e-mail]>
That sounds great! My father-in-law lives in Oriental and I can have him go
out there and look at the property line from the wooden stakes in the lot
down to the one nearest the water. His eyesight is good enough for me if he
says the wall is clearly on my property. If it isn't, then I have some work
to do.
Let me know what $'s I owe you and I'll get it to you pronto ... using the
correct postage this time of course!
Thanks
Dave
-----Original Message -----
From: Mark Lee, PLS [mailto:[e-mail]]
Sent: Tuesday, September 18, 2001 9:53 PM
To: Dave Maier; Dave Maier
Subject: second reply RE: Survey on Lot 18 Dolphin Pt
Sorry for taking so long to return your email, been busy. I think I can have
someone out there this Saturday to put some points on the sea wall so that
the property lines can be clearly seen. I personal will not be able to
attend as to the fact that I have a out of town trip planned and will not
return until 9/24. the cost will be no more than $50.00 for this.
-----Original Message -----
From: Dave Maier [mailto:[e-mail]]
Sent: Sunday, September 16, 2001 5:35 AM
To: [e-mail]
Cc: Maier, David R; 'Scott Jones'
Subject: Survey on Lot 18 Dolphin Pt
Mark,
In April of this year, I hired you to conduct a survey on Lot #18 in Dolphin
Pt. You completed the survey and I have the lot/tract drawings.
I am in the middle of resolving a dispute with my neighbor, the owner of Lot
#19 to the north of my property. I have a seawall that was installed and
the contention is that a portion (roughly 6 inches) encroaches on to the
adjacent property.
With the stakes you have in place, I cant clearly see that as true. The
problem is that I cant see a marker for the point of my property closest to
the water and farthest north and east along lot #19.
I would like to get an estimate of the cost to hire you again to have you
come to the lot and mark the point furthest north and east along lot #19. I
need that data to tell me definitively whether an encroachment has occurred
or not.
I will most likely have to come to Oriental to help resolve the issue. The
ideal solution would be to actually meet you there and walk through the
plotting process so I have a first hand look at the property lines.
I appreciate your assistance and look forward to hearing from you. I copied
this message to Mr. Jones, the NC Division of Coastal Management agent who
is handling the dispute. I have to provide him a plan of action by 28
September and this is probably the most critical data point needed.
My home and work numbers are provided along with home and work emails.
Thanks
Dave
1 of 2 9/19/01 8:43 AM

RE: second reply RE: Survey on Lot 18 Dolphin Pt
HM: [phone]
WK: [phone]
[e-mail]
[e-mail]
2 of 2 9/19/01 8:43 AM

Survey on Lot 18 Dolphin Pt
Subject: Survey on Lot 18 Dolphin Pt
Date: Sun, 16 Sep 200109:34:36 -0000
From: "Dave Maier" <[e-mail]>
To: <[e-mail]>
CC: "Maier, David R" <[e-mail]>, "'Scott Jones"' <[e-mail]>
Mark,
In April of this year, I hired you to conduct a survey on Lot #18 in Dolphin
Pt. You completed the survey and I have the lot/tract drawings.
I am in the middle of resolving a dispute with my neighbor, the owner of Lot
#19 to the north of my property. I have a seawall that was installed and
the contention is that a portion (roughly 6 inches) encroaches on to the
adjacent property.
With the stakes you have in place, I cant clearly see that as true. The
problem is that I cant see a marker for the point of my property closest to
the water and farthest north and east along lot #19.
I would like to get an estimate of the cost to hire you again to have you
come to the lot and mark the point furthest north and east along lot #19. I
need that data to tell me definitively whether an encroachment has occurred
or not.
I will most likely have to come to Oriental to help resolve the issue. The
ideal solution would be to actually meet you there and walk through the
plotting process so I have a first hand look at the property lines.
I appreciate your assistance and look forward to hearing from you. I copied
this message to Mr. Jones, the NC Division of Coastal Management agent who
is handling the dispute. I have to provide him a plan of action by 28
September and this is probably the most critical data point needed.
My home and work numbers are provided along with home and work emails.
Thanks
Dave
HM: [phone]
WK: [phone]
[e-mail]
[e-mail]
1 of 1 9/17/01 9:57 AM

Re: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
Subject: Re: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
Date: Thu, 13 Sep 2001 14:47:32 -0400
From: Scott Jones <[e-mail]>
Organization: NC DENR DCM
To: "Maier, David R" <[e-mail]>
That will be fine. I will be looking for it next week. Best wishes on getting
home. Scott
"Maier, David R" wrote:
> Scott,
> The survey I had Mark perform was after the seawall installation. It was in
> response to Ms. Caton building those berms which were eroding that corner.
> I have a copy of the survey at home. Unfortunately, I am stranded here in
> Tucson and may not get back until early next week depending on airline
> travel schedules. Once home, I will mail it to you.
> Dave
> -----Original Message-----
• From: Scott Jones [mailto:[e-mail]]
> Sent: Thursday, September 13, 2001 1:39 PM
> To: Maier, David R
> Subject: Re: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
> Mr. Maier -
> I just received your e-mail to Waverly Shore. Was the survey Mark Lee
> performed
> after the bulkhead installation? Can I get a copy of this plat? Thanks.
> Scott
> Jones
> "Maier, David R" wrote;
> > Waverly,
> > It was good talking with you today.
> > Below is the first email I have received from Mr. Jones, who is the agent
> > handling the dispute between myself and Ms. Caton.
> > First, I had a survey conducted by Mark Lee and the staked boundaries did
> > not appear to show the seawall on her property. This directly conflicts
> > with what her surveyor has said and portrayed on the drawings. I plan on
> > contacting Mark again and having him stake out the property line bordering
> > her lot to address this confusion.
> > Second, Mr. Jones' email below seems to imply that if I address the
> erosion
> > around the northern/eastern most corner, then the dispute would be over.
> > However, his point about addressing the issue with compaction, grading and
> > maintenance seems somewhat open ended. Maintenance is my big concern.
> > Erosion along the property behind the riprap is natural... the prime
> > motivator for me installing the seawall ... and I dont want to be
> perpetually
> > responsible to maintaining her property and at a level that she
> determines.
> > After learning that she took you to court and lost and now is pursuing
> this
> > case, I dont have a high level of confidence that this is the end of the
> > matter unless I move the seawall. I need a cost estimate from you that
> > addresses the effort to remove that wall that she contends is on her
1 of 3 9/13/012:56 PM

Re: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
> > property. Also, could you give me an idea of the effort to address the
> > erosion (cost to backfill and move the riprap).
> > I now believe that I will have to come to NC to meet with Mr. Jones and
> > address this issue. It is my belief, with the information I have today,
> > that the seawall does not encroach on her property. I may be wrong but I
> > will need Mark Lee to ensure my position. I also believe that the berms
> she
> > constructed funneled the runoff toward that corner and is primarily
> > responsible for the erosion. I have pictures that show your effort to
> > backfill the area after completing the seawall. I also have pictures that
> > show her berms and the erosion marks from those berms toward my property.
> > I have until the 28th to present a plan of action to Mr. Jones. Once I
> > contact Mark Lee, I will inform you of a time that I can be in NC. Given
> > the recent events, I may be restricted to a limited time that I can leave
> my
> > duty station. I will also contact Mr. Jones and see if he is available at
> > that time.
> > Thanks for your assistance in the matter and I look forward to seeing you
> > again.
> > Dave
> > -----Original Message-----
* > From: Scott Jones [mail to: Scott. [e-mail]]
> > Sent: Monday, September 10, 2001 12:01 PM
> > To: [e-mail]; [e-mail]
> > Cc: [e-mail]
> > Subject: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
> > Importance: High
> > Mr. Maier:
> > Thank you for your prompt response to my letter. The concerns regarding
> > your bulkhead are not uncommon and can be corrected. Please be aware
> > that I am willing to meet with you, your contractor, or designee to
> > discuss the matter on-site should you determine such a meeting is
> > necessary. I understand the limitations of being an out-of-state
> > property owner and will assist you to the best of my ability. Prior to
> > initiating any corrective action, I will require a meeting with yourself
> > or your contractor to review construction plan and practices.
> > Similarly, follow-up visits will be made once work is completed to
> > monitor compliance.
> > In my last conversation with Ms. Catton, the adjacent property owner,
> > she indicated that the portion of bulkhead encroaching over the property
> > line could stay providing the seepage and erosion of backfill around the
> > wing wall can be rectified. Based on her willingness to leave the wall
> > in place, I would recommend that you concentrate your efforts to
> > restoration and prevention of the eroded areas. This work would likely
> > entail backfill, grading, compaction, stabilization (e.g. seed mat, sod,
> > etc.), and maintenance.
> > You certainly have the option to remove the encroaching portion of the
> > bulkhead and stabilize the disturbed areas. I will leave this decision
> > to you.
> > Prior to September 28, 2001, please provide me with an outline of the
> > steps you intend to take to correct this situation. This outline should
> > also include a timeline of when work is to be completed. Should
> > additional time be required to complete a restoration plan, please
2 of 3 9/13/01 2:56 PM

Re: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
> > forward an explanation of why the extension is warranted. Once your
> > plan has been reviewed and approved, I will schedule a meeting with you
> > or your contractor to discuss construction methodology.
> > Again, thank you for your cooperation in this matter. Should you have
> > any questions, please do not hesitate to contact me.
> > Scott Jones
3 of 3 9/13/01 2:56 PM

file:///Untitled
Mr. Maier:
Thank you for your prompt response to my letter. The concerns regarding your bulkhead are not
uncommon and can be corrected. Please be aware that I am willing to meet with you, your contractor, or
designee to discuss the matter on-site should you determine such a meeting is necessary. I understand
the limitations of being an out-of-state property owner and will assist you to the best of my ability. Prior
to initiating any corrective action, I will require a meeting with yourself or your contractor to review
construction plan and practices. Similarly, follow-up visits will be made once work is completed to
monitor compliance.
In my last conversation with Ms. Catton, the adjacent property owner, she indicated that the portion of
bulkhead encroaching over the property line could stay providing the seepage and erosion of backfill
around the wing wall can be rectified. Based on her willingness to leave the wall in place, I would
recommend that you concentrate your efforts to restoration and prevention of the eroded areas. This
work would likely entail backfill, grading, compaction, stabilization (e.g. seed mat, sod, etc.), and
maintenance.
You certainly have the option to remove the encroaching portion of the bulkhead and stabilize the
disturbed areas. I will leave this decision to you.
Prior to September 28, 2001, please provide me with an outline of the steps you intend to take to correct
this situation. This outline should also include a timeline of when work is to be completed. Should
additional time be required to complete a restoration plan, please forward an explanation of why the
extension is warranted. Once your plan has been reviewed and approved, I will schedule a meeting with
you or your contractor to discuss construction methodology.
Again, thank you for your cooperation in this matter. Should you have any questions, please do not
hesitate to contact me.
Scott Jones
I of 1 9/10/01 12:00 PM

Bulkhead Encroachment
Subject: Bulkhead Encroachment
Date: Sat, 8 Sep 2001 20:41:26 -0000
From: "Dave Maier" <[e-mail]>
To: <[e-mail]>
CC: "Dave Maier" <[e-mail]>
Sir,
I received notification today via certified mail that a seawall constructed on my property, Lot 18 in Dolphin Point,
Oriental NC encroaches by about one half a foot onto Ms. Caton's property, Lot 19 in the subdivision.
As such, I am apparently in violation of the exemption for construction of bulkheads because I exceeded my
property. Additionally, a violation of the construction guidelines has apparently occured due to seepage of backfill.
A copy of this letter was sent to Waverly Shore, the contractor who installed the seawall. I have contacted him
and will discuss the situation with him directly as soon as possible.
I look forward to hearing from you so that we can discuss a course of action for resolution of the situation. I am a
Navy officer stationed in Patuxent River Maryland so travel to NC will be somewhat difficult but possible given the
circumstances. I am scheduled to be gone all next week but am available via the email address in the "CC" box
above. Please info both addresses with any correspondence that you have with me. I will ensure that you and
Waverly Shore are on all my messages.
v/r
Dave Maier
Dave and Sue Maier
23120 Winterberry Lane
California, MD 20619
dsmaier(c erols.com
1 of 1 9/10/01 7:57 AM

Bulkhead Encroachment
Subject: Bulkhead Encroachment
Date: Sat, 8 Sep 200120:29:19 -0000
From: "Dave Maier" <[e-mail]>
To: "Waverly Shore" <[e-mail]>
CC: "Dave Maier" <[e-mail]>, <[e-mail]>
Waverly,
I received notification from the NC Dept of Environment and Natural Resources that the sea wall that you installed
on my property, Lot 18 Dolphin Pt, encroaches approximately one half a foot onto the adjacent property, Lot 19.
1 received notification from Mr. Jones that I must comply with procedures to rectify the violation or be held
accountable for restoration and possibly a civil assessment.
Contained in the letter was a survey of Ms. Caton's property detailing the encroachment. Additionally, due to
erosion and washout at the northern most point of the bulkhead, apparently a violation of 15A NCAC
07K.0203(b)(7) that addresses construction requirements of the bulkheads was violated. I have pictures that
document the fill effort you did after the sea wall was completed and I believe that Ms. Caton's effort to add berms
and the rip rap additions that were made were the cause of this erosion. In fact, I hired Mark Lee, a surveyor, to
survey the property so that I could determine if these berms were actually on my property. Regardless, it is part of
the notice and needs to be addressed.
I will need to talk with you about a course of action, and a timeline. I will contact Mr. Jones directly and start the
process with his office. You should have received, or will shortly receive, the same letter.
My phone number is [phone]. 1 am scheduled to leave town all next week and return to Maryland late
Friday, 14 Sept. I can always be reached at my work email which is on the "copy to" line.
Thanks for your assistance.
Dave
1 of 1 9/10/01 7:58 AM

Al0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
September 4, 2001
Mr. David Maier
23120 Winterberry Lane
California, MD 20619
SUBJECT: Bulkhead Installation Lot #18 Dolphin Point Subdivision
Pamlico County
Certificate of Exemption — March 16, 2000
Dear Mr. Maier:
In March 2000, a Certificate of Exemption was issued to you through your contractor,
Mr. Waverly Shore, for the installation of vinyl bulkhead on your property at lot #18 in
the Dolphin Point Subdivision off NCSR 1349 near Oriental, Pamlico County. Mr. Shore
subsequently completed the installation within the time limit authorized by the
Exemption.
In accordance with 15A NCAC 07K.0203 - PRIVATE BULKHEADS: RIPRAP: AND
PIERS EXEMPTED (attached), signed notification of the proposed development was
obtained from the adjacent riparian property owners. One of these adjacent property
owners, Mrs. Janet Catton (lot #19 Dolphin Point Subdivision), contacted this office
earlier this year indicating that a portion of the bulkhead had been constructed on her
property. When this concern was initially investigated, it was unclear as to the exact
location of the property line with reference to the bulkhead. In July 2001, Mrs. Catton
obtained a survey of her property showing a 0.45 ft. encroachment of the bulkhead onto
her lot. A copy of this survey is attached for your review.
Based on this finding, you have violated the terms of the Certificate of Exemption issued
to you on March 16, 2000, by exceeding your property boundaries with the
development. Additionally, due to the erosion and washout at the northern terminus of
the bulkhead, adjacent to lot #19, you have violated 15A NCAC 07K.0203(b)(7) that
specifically requires the bulkhead to "be structurally tight so as to prevent seepage of
backfill."
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. David Maier
September 4, 2001
Page 2
Please respond to this office within 15 days of receipt of this letter to determine actions
that may be taken to correct the aforementioned violations as well as a timeline for
completion. Failure to respond will be interpreted as a refusal to cooperate and will
result in the issuance of a Notice Of Violation to you. This Notice will require
appropriate restoration and impose a civil assessment.
The relevant statutes and regulations are available from this office and I am willing to
assist you in complying with the requirements of these laws. Your cooperation in this
matter is greatly appreciated. You may reach me by phone at 252-808-2808 or via e-
mail at [e-mail].
Sincerely,
Scott Jones
Enforcement Coordinator
Attachments: Certificate of Exemption issued to David Maier on March 16, 2000
15A NCAC 07K.0203 - PRIVATE BULKHEADS: RIPRAP: AND
PIERS EXEMPTED
August 7, 2001 Photo
Lot #19 Survey — July 23, 2001
cc: Waverly Shore
Janet Catton
Skip Lee, Pamlico County Inspections
Tracey Wheeler, DCM Representative
Ted Tyndall, DCM District Manager

Y
David Maier Property
Lot #18 Dolphin Point
Pamlico County
August 7, 2001
S. Jones / T. Wheeler
Close-up view of erosion and washout at the northern terminus of vinyl bulkhead adjacent to lot#19. Notice loss of
backfill that has occurred immediately landward of wall.
pyy�
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Y
David Maier Property
Lot #18 Dolphin Point
Pamlico County
August 7, 2001
S. Jones / T. Wheeler
Close-up view of erosion and washout at the northern terminus of vinyl bulkhead adjacent to lot#19. Notice loss of
backfill that has occurred immediately landward of wall.

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15A NCAC 07K.0203 PRIVATE BULKHEADS: RIPRAP: AND PIERS EXEMPTED
(a) The NC Coastal Resources Commission hereby exempts from the Coastal Area Management Act permit requirement work in
the estuarine shoreline, public trust shoreline, and public trust waters areas of environmental concern necessary to maintain,
repair, and construct private bulkheads with backfill, and to place riprap material along shorelines, and construct piers or mooring
facilities in waters of North Carolina. This exemption is subject to the following conditions and limitations:
(1) The activities exempted by this Rule shall be private, non-commercial activities conforming to the standards
and conditions contained in this Rule. This exemption does not apply to development associated with
multi -unit residential developments larger than duplexes or to marinas, commercial harbors, community or
neighborhood boat access, fish houses or similar commercial activities.
(2) This exemption is applicable only along estuarine and public trust shorelines void of wetland vegetation types
described in G. S. 113-229, or where all construction is to be accomplished landward of such vegetation, or
where the pier is elevated above said wetlands.
(3) This exemption only applies to bulkheads, riprap, and piers in non -oceanfront areas.
(4) This exemption does not eliminate the need to obtain any other required federal, state, or local authorization.
(5) Before beginning any work under this exemption the Department of Environment and Natural Resources
representative must be notified of the proposed activity to allow on-site review of the bulkhead, riprap
material, or pier alignment. Notification may be by telephone, in person, or in writing. Notification must
include:
(A) the name, address, and telephone number of landowner and location of work including county,
nearest community, and water body;
(B) the dimensions of the proposed pier, bulkhead with backfill, or the area dimensions to be covered by
placement of riprap material;
(C) confirmation that a written statement has been obtained, signed by the adjacent riparian property
owners, indicating that they have no objections to the proposed work. (These statements do not have
to be presented at the time of notification of intent to perform work, but the permittee must make it
available to CRC agents at their request.)
(6) The landowner must agree to perform the work authorized in this Rule in a manner so as to conform with
standards for development in the estuarine or public trust shoreline area of environmental concern.
(b) Bulkheads and Riprap: Conditions
(1) The permittee shall maintain structure of areas of riprap material authorized in this Rule in good condition.
(2) Bulkhead with backfill, and placement of riprap material exempted by this Rule shall be limited to a maximum
shoreline length of 200 feet.
(3) The bulkhead backfill and riprap materials must be obtained from an upland source.
(4) No excavation is exempted under this Rule except that which may be required for installation of the riprap,
bulkhead wall, deadmen, cables, or pilings.
(5) The proposed bulkhead alignment or area for placement of riprap material must be staked or flagged by the
landowner in consultation with, or approved by, a state or federal permit officer prior to any construction
activity. The bulkhead must be positioned so as not to extend more than an average distance of two feet
waterward of the normal high water line or normal water line; in no place shall the bulkhead be more than five
feet waterward of the normal high waterline or normal waterline. Construction activities must begin 90 days
after approval of the alignment or area.
(6) The bulkhead must be solid structure constructed of treated wood, concrete slabs, metal sheet piles, corrugated
asbestos sheeting, or similar materials. A structure made of organic material, tires, car bodies, or similar
materials is not considered a bulkhead.
(7) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the bulkhead.
The bulkhead must be constructed prior to any backfilling activities.
(8) Riprap material must consist of clean rock or masonry materials such as marl, brick, or broken concrete.
Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or
similar material are not considered riprap.
(c) Piers: Conditions
(1) Exemptions for pier construction along natural shorelines are available only for lots with shoreline lengths 75
feet or greater. Exemptions may be used on shorelines in human -made canals and basins regardless of
shoreline length.
(2) Piers and mooring facilities must not exceed 100 feet in total length off -shore; must not be within 150 feet of
the edge of a federally maintained channel; must not extend past the four foot normal low water contour line

(four foot depth at normal low water) of the water body; must not exceed six feet in width; must not include an
enclosed structure; and must not interfere with established navigation rights of other users of the water body
and must have a minimum setback of 15 feet between any part of the pier and the adjacent property owners'
areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line
along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the
channel so that it intersects with the shore at the point the upland property line meets the water's edge. The
four foot normal low water restriction shall not apply to piers constructed in canals and basins dredged from
areas above normal high water (NHW) or normal water level (NWL).
(3) This exemption shall not apply to docks and piers being built within shellfish franchises or leases unless the
applicant for authorization to construct can provide written confirmation of no objections to the proposal from
the lessee.
(4) Piers authorized by this exemption shall be for the exclusive use of the land owner, and shall not provide either
leased or rented docking space or any other commercial services. Piers and mooring facilities designed to
provide docking space for more than two boats shall, because of their greater potential for adverse impacts, be
reviewed through the permitting process, and, therefore, are not authorized by this exemption.
(5) Piers and docks shall in no case extend more than 1/4 the width of a natural water body, canal or basin.
Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge
of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not apply
when the proposed pier is located between longer piers within 200 feet of the applicant's property. However,
the proposed pier shall not be longer than the pier head line established by the adjacent piers, nor longer than
1/3 the width of the water body.
(6) Any portion of a pier (either fixed or floating) extending from the main structure and six feet or less in width
shall be considered either a "T" or a finger pier.
(7) Any portion of a pier (either fixed or floating) greater than six feet wide shall be considered a platform or deck.
(8) "T"s, finger piers, platforms, and decks of piers must not exceed a combined total area of 200 square feet.
(9) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands and
shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the
decking.
History Note: Authority G.S. 113A -103(5)c; 113A -118(a);
Eff. March 29, 1978;
Amended Eff. August 1, 2000; August 1, 1998; May 3, 1993; December 1, 1991; May 1, 1990; July 1, 1987.

MEUSE RIVER
w DOLPHIN RD 10 ORIENTAL
u
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5 13.1912
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APPROX. EDGE OF
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0 0,4138v
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THIS PARCEL SCALES WITHIN FLOOD HAZARD ZONE A5 ` N 94.3
AS PER F.I.R.M. NO. 370279 0002 B EFFECTIVE DATE lit (lNF.6,51 6
DECEMBER 4, 1985.
R/W
� R/W
SURVEY FOR
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EPK IN CENTERLINE
INTERSECTION OF
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THIS PARCEL SCALES WITHIN FLOOD HAZARD ZONE A5
DES PER CEMBERI�.M1985. NO. 370279 0002 H EFFECTIVE DATE TI£ NE 6 Sj f 613 83- M
R/W \ R/W
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JANET E, CATTON
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INTERSECTION OF
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LOT 19 - DOLPHIN POINT SUBDIVISION %CAR
JULY 23, 2001 SCALE 1' = 40'
JAMES C. SIMMONS, JR. - PLS # 3992 j••O� �!t
JAMES C. SIMMONS AND ASSOCIATES SEAL = V
PR❑FESSI❑NAL LAND SURVEYORS - r L_3992 -
603 WEBB BOULEVARD gy •
HAVELOCK, NC 28532 .jam %p� `
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40 0 40 80 120
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GRAPHIC SCALE - FEET

David Maier Property
Lot #18 Dolphin Point
Pamlico County
August 7, 2001
S. Jones / T. Wheeler
Close-up view of erosion and washout at the northern terminus of vinyl bulkhead adjacent to lot#19. Notice loss of
backfill that has occurred immediately landward of wall.