General Permits (6823)

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�: t, "CERTIFICATION -OF EXEMPTION=�,�t�u
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 r d h"( t, 1 Phone Number L'Df 1'5 "1 W(-,
Address (' 'U !A r ' i c t ? K Y t_A � F .
City _,A i a r:- TJ Ire State N l�_) Zip %dC�IG
Project Location (County, State Road, Water Body, etc.)=I4,iuO/ -7U Z';-Ik r,) P'l0i )L
0 s,,t,N
Type and Dimensions of Project i N ` r+-ALk- a + g� V f;�'/L, A u t- A,Jtk,a sett_ D
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.
SKETCH
Any person who proceeds with a development without the con-
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.
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.
C - &_-s
(SCALE:
tr &. v
ApplcE nt's signature
,J II'
C MA Official's signature
Issuing dater
Expiration date
Attachment: 15 North Carolina Administrative Code 7K .0203

DEC-28-1999 07:52 MATHEWSON EQUIPMENT 401 231 5730 P.02i02
ADJACENT -PROPERTY i#WJ. M STATOJENr
/rll,�/11J1�' 's
I hereby certify that 1 own prope y (N=M of Prperty Owner)
property located at aL /"Hsi✓ f errs
(Lot, Block, Road, etc.)
on 1✓4ICr�!/' , in N.C.
{Waterbady) (Town andlar County)
He has described to me as shown below,_ the &velopm�t i�c is proposing at that location,
and, I have uo objections to his Proposal -
DESCRIPTION ANwmMRAMING OF PROPOSED DEVELOPMENT
(To bejtfiect in by ���7�P�-�eveloPmerxt)
sigmdum
Prig -or Type Name
-fit
'Eelo� Number
. / a q
TOTAL P.02

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIERIMOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to A'('///%' /yl / �yi2 is
(Name of Property Owner)
property located at P' z ,4/ ' —' /
(Lot, Block, Road, etc.)
on ��t�vf ��/G�c , in
(Waterbody)
(Town and/or County)
, N.C.
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/boadift/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 �4 wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
Signature
-T �-) A) L
Print or Type Name
.:Z y 5'.�;L3j 7
Telephone Number
Date: s- C�C�

RE: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
Subject: RE: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
Date: Tue, 11 Sep 2001 00:38:23 -0400
From: "Maier, David R" <[e-mail]>
To: "'Scott Jones"' <Scott. Jones@ncmail. net>
CC: [e-mail], [e-mail]
Scott,
Your message was encouraging and very positive.
I have a survey conducted by Mark Lee of Pamlico County. Pictures taken
after the survey by my father-in-law who lives in Oriental reveal a somewhat
confusing layout. Given the placement of the stakes, I don't believe my
seawall encroaches on Ms. Caton's property, as her survey contends. It is
hard to judge whether a picture has the granularity more so than a survey.
I think I need to be on site with Mr. Lee to get a better feel for the
layout.
As for the erosion, that is a sore spot for me. Ms. Caton chose to have a
local contractor come in and place fill and additional rip rap on her
waterfront. Additionally, she built berms along her property line that
tended to funnel rain and seawater down toward the seawall and away from her
property. My survey was in response to building of these berms ... I wanted
to make sure they were on her property. Waverly did a good job of
backfilling the seawall. I have post construction pictures that verify his
work.
My next action will be to talk with Waverly. While the easy thing may be to
simply address the erosion, what is to prevent this same discussion a year
down the road where feelings have changed and removal/adjustment of the
seawall is the course of action. I need to get a feel from him about the
scope of effort to make the adjustments. I also want to talk with him about
a course of action to address the erosion, obviously the most economical and
neighbor -friendly approach.
I will advise you of the progress on these discussions prior to the 28th of
September. As of today, I have not heard from Waverly. He sold the
construction company that installed the seawall and is now a commercial
fisherman.
Thanks again for your assistance.
Dave
-----original Message -----
From: Scott Jones [mailto:[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.
1 of 2 9/11/01 8:33 AM

RE: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
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
2 of 2 9/11/01 8:33 AM

RE: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
Subject: RE: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
Date: Tue, 11 Sep 2001 08:22:33 -0400
From: "Maier, David R" <[e-mail]>
To: [e-mail]
CC: "'Scott Jones"' <Scott. Jones@ncmail. net>, [e-mail]
Waverly,
I need to talk with you concerning the seawall on my lot, #18 in Dolphin Pt
in oriental.
I sent you an email on Sunday discussing the initial letter I received from
Scott Jones. A copy was provided to you also. The basis of this letter is
an encroachment on Lot 19 by the farthest north and east corner of the
seawall.
I am currently in Tucson Arizona and can be most easily reached via email.
I will return Friday night to my home and can be reached at [phone].
The email below from Mr. Jones was very positive and may provide insight
into the real issue at hand. I have until the 28th to present a plan of
action to Mr. Jones department so time is becoming somewhat critical.
Thanks for your assistance.
Dave
-----original Message -----
From: Scott Jones [mailto:[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
forward an explanation of why the extension is warranted. Once your
plan has been reviewed and approved, I will schedule a meeting with you
1 of 2 9/11/01 8:33 AM

RE: Bulkhead Lot 18 Dolphin Point - Pamlico Co.
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
2 of 2 9/11/01 8:33 AM

ALTEIAAA
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."
151-13 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,
560 -10�- l�
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
Td
acey Wheeler, DCM Representative
Tyndall, DCM District Manager