28152_TIME WARNER ENT_20010801

CAMA and DREDGE AND FILL
G E N E R A L
PERM I T
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
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
Phone Number
State zip
PROJECT DESCRIPTION SKETCH
Pier (dock) Length i
Groin Length
Til
m
(SCALE:
..::, , )
number ;.
Bulkhead Length
max. distance offshore 1
a
I
Basin, channel dimensions
cubic yards
�
Boat ramp dimensions
I
Other.
E
m..
F
,
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions. Any violation of these terms
may subject the permittee to a fine, 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.
issuing date
r '
applicant's signature
I
` permit officer's signature
expiration date
` J
attachments
application fee

A74 oil LIAV�
F4CDENR-
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Mr. Don Butler
Time —Warner Cable
3809 Peachtree Avenue
Suite 102
Wilmington, NC 28406
Dear Mr. Butler:
22 August 2001
R ;; 2001
.FIED MAIL r 4
Re: Suspension of Work / Appeal of CAMA Permit Decision
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received a request
for an administrative hearing to challenge CAMA Permit 28152-C. The Third Party Hearing Request
was filed on behalf of petitioner on August 21, 2001. Under N.C.G.S. §113A-121.1 (the Coastal Area
Management Act), your CAMA permit is automatically suspended upon receipt of a hearing request and
will remain 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. You
may not undertake any development under the permit decision until further notice after Chairman
Tomlinson issues his decision.
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 September 5, 2001. 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 as soon as possible.
Sincerely,
Donna D. Moffitt
cc: Chairman Gene Tomlinson
Ryke Longest
Jessica Gill
Dave Heeter
Meme Jo Alcoke
Tere Barrett
Ted Tyndall
Charles S. Jones
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: hftp://dcm2.enr.state.nc.Lis
An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer PaPer

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State of North ("arOhna Reply to:
I i( )l' C( )( )I'1 :1 t .,Ryke Longest
Environmental Division
Iit>x 629 Tel: [phone]
I l.\LI:R it I Fax: [phone]
2 760 )3-062• )
September 4, 2001 n
Lawrence F. Baldwin
U 2001
Hollis L. Batson -
137 Stoneybrook Rd. CERTIF[ED MAIL
Wilmington, NC 28411 RETURN RECEIPT REQUESTED
Re: Third party Hearing Request for Coastal Area Management Act General Permit No.
28152 to Time Warner Entertainment Company
Dear Mr. Baldwin and Mr. Batson:
The Chairman of the Coastal Resources Commission has decided to deny the hearing
request which you submitted concerning Coastal Area Management Act General Permit No.
28152 to Time Warner Entertainment Company. Enclosed please find a copy of the order,
signed by the Chairman of the Coastal Resources Commission, denying your request. You may
appeal the Commission's decision by filing a petition for judicial review in superior court within
thirty days after receiving the order. A copy of the judicial review petition must also be served
on the Coastal Resources Commission's agent for service of process at the following address:
Daniel C. Oakley, General Counsel
Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, NC 27611
Enclosure
cc: Dave Heeter
✓6arles Jones
Donna Moffitt
Sincerely,
ke Longest
Special Deputy Attorney General

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF THE THIRD )
PARTY HEARING REQUEST BY )
LAWRENCE BALDWIN AND )
HOLLIS BATSON )
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 2001-10
I. INTRODUCTION
FINAL ORDER
Pursuant to G.S. §113A -121.1(b), Lawrence Baldwin and Hollis Batson have filed a third
party hearing request with the Coastal Resources Commission. They seek permission to
challenge the issuance of Coastal Area Management Act General Permit No. 28152-C by the
Division of Coastal Management. Permit No. 28152-C was issued to Time Warner
Entertainment Company to install an underwater fiber optical cable from the mainland to
Harkers Island.
II. STANDARD OF REVIEW
Under the Coastal Area Management Act (CAMA), a third party may file a contested case
hearing petition to challenge the issuance of a CAMA permit only if the Coastal Resources
Commission (CRC) first determines that a contested case hearing is appropriate. G.S. § 113A -
121.1(b) provides that the determination as to whether a hearing is appropriate should be based
upon a consideration of whether the Petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
2. Is directly affected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the
hearing request is not frivolous.

2
The CRC has delegated the authority to its Chairman to determine whether a third party
hearing request should be granted or denied. Rule 15A NCAC 7J .0301(b). A third party whose
hearing request is granted may file a contested case hearing petition with the Office of
Administrative Hearings. G.S. § 1 13A- 12 l (b). A third party whose request is denied may seek
judicial review. Id.
M. FINDINGS OF FACT
A. The Petitioners own a piece o`f prope ty on Harkers Island with water frontage on
the so-called Straits between the mainland and Harkers Island.
B. The N.C. Department of Transportation (DOT) has a right-of-way for the NC
Highway 1335 causeway and the two bridges between the mainland and Harkers Island.
C. The Petitioners' property abuts the south or southeast side of the right-of-way for
the causeway and the approach to the swing bridge on the way to Harkers Island.
D. The Petitioners' property corner is located about 300' south of the end of the
swing bridge.
E. Time Warner Entertainment Company sought a CAMA general permit to install a
5" fiber optic cable running under the Straits from the mainland to Harkers Island. (Attachment
A is a location map showing the crossing site which is hereby incorporated by reference.)
F. The cable would be installed by directional boring and would be located some 20
feet below the bottom under the main channel.
G. The put in point for the cable would be located above the high water line and
within the DOT right-of-way about 208' south of the end of the swing bridge. (Attachment B is a
copy of two sheets from the Plan showing the put in point which sheets are hereby incorporated

3
by reference.)
H. A 10' wide by 20' long by 8' deep pit would be dug on the shoreline before boring
horizontally under the waterbody to run the cable to Harkers Island.
I. Time Warner Cable obtained an encroachment agreement from the Department of
Transportation dated July 16, 2001, to locate the cable within the highway right-of-way.
(Attachment C is a copy of the Encroachment Agreement between the DOT and Time Warner
Entertainment which is hereby incorporated by re f�-rence.)
J. Time Warner Cable notified the Petitioners of the proposed project.
K. The Petitioners objected saying that the put in point for the cable would be on
their property because DOT's right-of-way is only 60 feet wide, not 100 feet wide, as shown on
the plan for the project. (Attachment D is a copy of the Petitioners' objection which is
incorporated herein by reference.)
L. The right-of-way is apparently 60' wide towards the swing bridge but widens to
100' at some point before the Petitioners' property.
M. The Petitioners also contended that the cable would interfere with their "riparian
and littoral rights".
N. After receiving assurances from the DOT that the project was located within the
highway right-of-way, the DCM issued CAMA General Permit No. 28152-C to Time Warner on
August 1, 2001. (Attachment E is a copy of CAMA General Permit No. 28152-C which is
incorporated herein by reference.)
O. In a letter dated August 6, 2001, Ted Tyndall, DCM's District Manager,
Morehead City, sought to address the Petitioners' objections but mistakenly referred to the

M
encroachment agreement as a right-of-way agreement. (Attachment F is a copy of the letter from
Ted Tyndall to the Petitioners dated August 6, 2001, which is incorporated herein by reference.)
P. The Petitioners sought to challenge the issuance of CAMA General permit No.
28152-C by attempting to file a third party hearing request with the Coastal Resources
Commission on August 10, 2001. (Attachment G is a copy of the Petitioners' incomplete hearing
request which is incorporated herein by reference.)
�. The DCM verbally informed them that their attempted hearing request was
incomplete and needed to be submitted on the proper form.
R. The Petitioners then filed a hearing request with the Commission on August 21,
2001. Their request was on the correct form but was filed 21 days after the permit decision.
(Attachment H is a copy of the Petitioners' second hearing request which is incorporated herein
by reference.)
or rule.
IV. CONCLUSIONS OF LAW
Petitioners have not alleged that the proposed development is contrary to statute
2. For purposes of this Request, Petitioners have demonstrated that they are directly
affected by the decision.The Petitioners own riparian property adjacent to the put in point for the
cable. Their property also abuts the highway right-of-way within which the cable will be located.
3. For the reasons set forth in the Recommendation of the Division of Coastal
Management, the Petitioners have failed to demonstrate that their hearing request is not
frivolous. Specifically, those reasons are as follows:
A. The Petitioners contend that their real property rights will be violated because the

highway right-of-way within which the cable will be located is only 60' wide, not 100' wide as
shown on the project plan. The disputed width of the highway right-of-way is a real property
issue for resolution by the General Court of Justice, not the Division of Coastal Management or
the Coastal Resources Commission. In addition, the Petitioners have raised this allegation
without any supporting evidence. Finally, the Division of Coastal Management received
assurances from the DOT in response to the Petitioners' objection that the right-of-way is 100'
wide at the Petitioners' property.
B. The Petitioners also contend that their riparian/littoral rights will be violated by
the underwater cable crossing. As the owners of riparian property, they have a right of access to
navigable water. They also have the same rights as members of the public to operate a boat,
gather shellfish, set pound nets, etc., in the waters and bottom in front of their property. The
Petitioners have made no showing that any of these rights will be affected by a cable entering the
ground above the high water line and then running underneath the bottom of the Straits.
C. The Petitioners' hearing request was not filed with the CRC within 20 days of the
permit decision, and this alone is sufficient to support a denial of their hearing request. Since
this request is untimely, it must be denied.
��
In conclusion, Petitioners have not met the criteria justifying a contested case hearing.
Petitioners have failed to timely file a request. Petitioners have not alleged facts or made legal
arguments that demonstrate that the request for the hearing is not frivolous, and thus have not
satisfied the criteria for hearing established at N.C. Gen. Stat. § 113A -121.1(b)3. Therefore,
Petitioners' request for a Third Party Hearing is hereby DENIED.

This the 44-1- day of September, 2001.
Eugene B. Tomlinson, Jr.
Chairman
Coastal Resources Commission

CERTIFICATE OF SERVICE
This is to certify that I have caused a copy of the foregoing Final Decision to be served upon
the Petitioner by depositing a copy thereof in the U.S. Postal Service with sufficient postage for
delivery by first class mail and addressed to:
Lawrence F. Baldwin
Hollis L. Batson
137 Stoneybrook Rd.
Wilmington, NC 28411
This the" day of September, 2001.
P. Longest, Jr.
eaes
. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
EP50137

Chur4s
S'rA,ri: OF NORTI I CAROLINA
COUNTY OF C'ARTERLT
IN THE MATTER OF THE THIRD )
PARTY HEARING REQUEST BY )
LAWRENCE BALDWIN AND )
HOLLIS BATSON )
131 FORE TI II: CTI
COASTAL RESOURCES COMMISSION
CMT 2001-10
RECOMMENDATION Of TIII:
DIVISION OF COASTAL NIANAGE:NIE'NT
2001
1. BAC K(AZOUND
TAA MA
IV0,1EH!
Pursuant to G.S. ti 1 13A -121.1(b), Lawrence Baldwin and 1-10111s Batson have; filed a third
party hearing request with the Coastal Resources Commission. They seek permission to challenge
the issuance of Coastal Area Management Act General Permit No. 28152-C by the Division of
Coastal Management. Permit No. 28152-C was issued to Time Warner Entertainment Company
to install all underwater fiber optical cable from the mainland to Harkers Island.
Under the Coastal Area Management Act (CAMA), a third party may file a contested case
hearing petition to challenge the Issuance of a LAMA permit only if the Coastal Resources
Commission (CRC) first determines that a contested case hearing is appropriate. G.S. § l 13A-
12 1. 1 (b)
3A-121.1(b) provides that the determination as to whether a hearing is appropriate should be based upon
a consideration of whether the Petitioner:
I. Has alleged that the decision is contrary to a statute or rule,
2. Is directly affected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the hearing
request is not frivolous.
The CRC has delegated the authority to its Chairman to determine whether a third party
hearing request should be granted or denied. Rule 15A NCAC 7J .0301(b). A third party whose

hearing request is granted may file a contested case hearing petition with the Oflice of
Administrative Hearings. G.S. § 113A -121(b). A third party whose request is denied may seek
judicial review. Id. The Division ofC'oastal Management (DCM) recommends denying the hearing
request by Lawrence Baldwin and Hollis Batson.
H. FACTS
A. The Petitioners own a piece of.property on Harkers Island with water 1rontaj�c on the
so-called Straits between the mainland and Harkers Island.
B. The N.C. Department of Transportation (DOT) has a right-of-way for the NC
Highway 1335 causeway and the two bridges between the mainland and Harkers Island.
C. The Petitioners' property abuts the South or Southeast side of Che right-of-way for the
causeway and the approach to the swing bridge on the way to Harkers Island.
bridge.
D. The Petitioners' property corner is located about 300' south of the end of the swing
E. Time Warner Entertainment Company sought a CAMA general permit to install a 5"
fiber optic cable running under the Straits from the mainland to Harkers Island. (Attachment A is
a location map showing the crossing site which is hereby incorporated by reference.)
F. The cable would be installed by directional boring and would be located some 20 feet
below the bottom under the main channel.
G. The put in point for the cable would be located above the high water line and within
the DOT right-of-way about 208' south of the end of the swing bridge. (Attachment B is a copy of
two sheets from the Plan showing the put in point which sheets are hereby incorporated by
reference.)

3
If. A 10' wide by 20' long by 8' deep pit would be; dug on the Shoreline betin-c boring
horiontally under the waterbody to run the cable to Flarkers Island.
Time Warner Cable obtained an encroachment agreement from the Department of
Transportation dated.luly 16, 2001, to locate the cable within the highway right -OC -way. (Attachment
C is a copy of the Encroachment Agreement between the DOT and Time Warner Entertainment
which is hereby incorporated by relcrencc.)
J. Time Warner Cable notified the Petitioners ol'the proposed project.
K. The Petitioners objected saying that the put in point l'or the cable would be on their
property because DOT's right-of*way is only 60 feet wide, not 100 feet wide, as shown on the plan
fa• the project. (Attachment D is n copy of the Petitioners' objection which is incorporated herein
by reference.)
L. The right-of-way is apparently 60' wide towards the swing bridge but widens to 100'
at some point before the Petitioners' property.
M. The Petitioners also contended that the cable would interfere with their "riparian and
littoral rights".
N. Atter receiving assurances from the DOT that the project was located within the
highway right-of-way, the DCM issued CAMA General Permit No. 28152-C to Time Warner on
August 1, 2001. (Attachment E is a copy of CAMA General Permit No. 28152-C which is
incorporated herein by reference.)
O. In a letter dated August 6, 2001, Ted Tyndall, DCM's District Manager, Morehead
City, sought to address the Petitioners' objections but mistakenly referred to the encroachment
agreement as a right-of-way agreement. (Attachment F is a copy of the letter from Ted Tyndall to the

4
Petitioners dated August 6, 2001, which is incorporated herein by reference.)
P. The Petitioners sought to challenge the issuance of CAMA General permit No.
28152-C by attempting to'hle a third party hearing request with the Coastal Resources C'on1111ission
on August 10, 2001. (Attachment G is a copy of the Petitioners' incomplete heal -1110 request which
is incorporated herein by reference.)
Q. The DCM verbally Informed them that their attempted hearing recluest was
incomplete and needed to be submitted on the proper form.
R. The Petitioners then tiled a hearing request With the Commission on AUgUst 2 1, 2001.
Thcir request was on the correct tbrm but was tiled 21 days atter the permit decision. (Attachment
1-1 is a copy of the Petitioners' second hearing request which is incorporated herein by reference.)
Rule?
M. DCM'S RECOMMENDATION
A. Have The Petitioners Allegecl That The Decision Is Contrary To A Statute Or
No. The Petitioners have not cited any statute or rule which was violated by the
issuance of CAMA General Permit No. 28152-C.
B. Are The Petitioners Directly Affected By The Permit Decision?
Yes. The Petitioners own riparian property adjacent to the put in point for the cable.
Their property also abuts the highway right-of-way within which the cable will be located.
C. Have The PetitionersDemonstrated That Their Hearing Request Is Not Frivolous?
No. For the following reasons, the Petitioners have failed to demonstrate that their
hearing request is not frivolous:
1. The Petitioners contend that their real property rights will be violated because the

1
highway right -of -Way within which the cable will be located is only 00' wick:, not I()()' wide as
shown on the project plan. The disputed width of the highway right -of -Way is a real property
issue for resolution by the General Court of Justice, not the Division of Coastal Management or
the Coastal Resources Commission. In addition, the Petitioners have raised this allegation
Without any supporting evidence. Finally, the Division ofCoastal Management received
assurances frons the DOT in response to the Petitioners' objection that the right-of*way is 100'
wide at the Petitioners' property.
2. Tile Petitioners also contend that their riparian/littoral rights will be violated by
the Underwater cable crossing. As the owners of'riparian property, they have a right ofaccess to
navigable water. They also have the sante rights as members of the public to operate a boat,
gather shellfish, set pound nets, etc., in the waters and bottom in front of their property. The
Petitioners have made no showing that any of these rights will be affected by a cable entering the
ground above the high water line and then running underneath the bottom of the Straits.
D. Was The Petitioners' Hearing Request Titnely File(l:'
No. The Petitioners' hearing request was not tiled with the CRC within 20 days of the
permit decision, and this alone is sufficient to support a denial of their hearing request.
IV. CONCLUSION
For the reasons given above, the Petitioners' hearing request should be denied.
This the 3 -OH, day of August, 2001.
FOR THE DIVISION OF
COASTAL MANAGEMENT

6
David (;. 1-Icctcr -- -
Assistant Attonicy Gcncral
N.C. Department Ut .lushcc
11.0. Box 629
Raleigh, NC 27602-0620
[phone]

7
('F:RTI ElCAT E 0E SE11VICF,
This is to certify that I have caused a copy of the foregollig Recom111endatloll 01' 'File
Division of'C'oastal Management to be served upon the Petitioners by cicpositing a copy thercol'in
the U.S. Postal Service with sufficient postage for delivery by first class mail and addressed to:
Lawrence F. Baldwin
Hollis L. Batson
137 Stoneybrook Rd.
Wilmington, NC 28411
This the 9066 day of August, 2001.
GP50055
David G. Fleeter
Assistant Attorney General
N.C. Department ofJustice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

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AITACHMENT C
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STATE OF NORTH CAROLIN,\
DEPARTMENT OF TRANSPORTAMN
DIVISION OF HIGHWAYS LYN Do T'PLTT
GO VER;lOR
SECRETARY
July 16, 2001
COUNTY: Carteret (1e-01-22)
SUBJECT: Encroachment Contract --- Time Warner Cable
9ruce Sheldon
Construction Supervisor
Post Office Box 999
Newport, N.C. 28570
Attached hereto, for your files, is a COPY of the Right of Way Encroachment Contract
which has been properly executed. This contract covers the following:
Installation of appro)dmately 3200 linear feet of steel casing for fiber optic cable along
SR 1335 and under The Straits via directional bore as shown on attached drawings,
APPROVEb SUBJECT Tp;
(1) Notify the District Engineer's Of`ice in New Bern [phone] prior
to beginning and upon completion of work.
(2) Workmanship and materials to conform to D.O.T. standards and
specifications,
(3) Contact the appropriate Utility Company(ies) involved and make
satisFactory arrangements to adjust the utilities in conflict with the
Proposed work prior to construction.
(4) Any pavement or drainage structure disturbed or damaged shall be
restared to its original condition as directed by the District Engineer.
�- P.O. Box 178 Greenville, NI -C, 27S35 Phone- (250830-3420 pax:

51) FM `JC `F FfIX .`IG. 2�221� �3?C
Tune VJ`arner CrAU;o _ C3ra,�at (1F 01-22}
Pane
(5) Traffic Control Devices sh,3if be in accordance with the Manual on
Uniform Tra,Fic Control Devices and amendments or supplements
therato Proper traffic control devices; signs, etc. shall be installed
to insure public safety.
(6) Trenching, bore pits, and/or other excavations shall not be tett open
or unsafe overnight.
(7) Fill areas/backfill material to be thoroughly compacted to 95% original
density. All trencrned material shaft be compacted in maximum 6"
layers by mechanical tamp or other previously approved method of
compaction. Any material removed from the trench/pit that is
contaminated or unsuitable for backfill shall be disposed of off DOT
right of way.
(8) Dress, seed and mulch all disturbed areas. This operation to be
parformed on a weekfy basis.
(9) Proper temporary and permanent measures shall be used to control
erosion and sedimentation in accordance with all focal, State and
Federaf regulations.
(10) When surface areas in excess of one acre will be disturbed, the
Encroaching Party shall submit to the District Engineer a Sediment
and Erosion Control Plan which has been approved by the appropriate
regulatory agency or authority prior to beginning any wont on the Right
of Way. Failure to provide this information shall be grounds for
suspension of operations.
(11) It shall be the responsibility or the encroaching party to remove ail
temporary erosion control measures once a satisfactory vegetative
cover has been established.
(12) Alf rO,,Uay signs are to be replaced befcre the end of the same
work day.
(13) No open cut of pavement will be permitted for this instalfation.
(14) Remain 3 feet minimum or 1 foot distance per 1 foot depth from edge
of pavement whichever is greater for shoulder installations, Remain 5
feet minimum from edge of pavement to edge of bore pit.
(15) All concrete and asphalt driveways within NCDOT sight -of -way shall
be crossed by dry bore methods_ Any deviation shall be by written
Permission of the affected property owner and shall be warranted
for 5 years to cover all damages resulting from the open cut.
L P.O. Box 1573 Greenviife, N, .C. 27835 Phone: [phone] Fax, [phone]
;ii

�T
rime 'N�rnr�r C,.b' - C .rt�ret (18-� •?2)
Parc ,
(16) Boring operations will be installed by an approved method by the Department as
outlined in the manual "Policios and Procedures for Accommodating Utilities on
Highway Rights of Way" (January 1, 1975 — Revised April 1, 1993). if these
approved methods are not being used, the encroachment will be revoked. Any
other boring operation will be approved by the Department on a case by case
basis.
(17) Strict compliance with the Policies and Procedures for Accommodating
Utilities on Highway Rights of Way Manual shall be required.
(18) In cases where less than minimum bury is necessary or where bores
are greater than 6", the fiber optic cable shall be protected with a casing.
(19) Splice boxes, pedestals, and other appurtenances shall be located at or beyond
the right of way so as not to interfere with maintenance activities.
(20) The Department of Transportation does not guarantee the right of way
on these roads, nor will it be responsible for any claim for damages
brought by any property owner by reason of the installation.
(21) Upon completion of the work, the utility owner shall submit an "as built"
set of plans to the District Englneeris Office which shall include accurate
information as to the horizontal distance to the facility from edge of main
travel way and general depth in relation to existing natural ground.
(22) No portion of the Right of Way shall be used for parking of equipment during
construction.
Sincerely,
C. E. Lassiter, Jr., P -E_
DIVISION ENGINEER
CEL, jr: rrf
Attachment
cc: Mr_ J. B, Williamson, Jr., Manager of Right of Way
Mr. A. C. Everett, District Engineer
Mr. David Livingston, County Maintenance Engineer
File
P -O. Box 1578 Greenville, N.C. 27935 Phone:25Z
{ )530-3490 Fax: [phone]

Hui) ff PROJECT �" STATE OF NORTH AROI INA
F'! /
�rt�� .. COLINrY OF
pit v,l�� - SSL+ •rte
DEPARTryENT OF TRANSPORTATION
-AND-
-
RIGHT OF WAY ENCROACHMENT AGREEMENT'
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the /Z day of C7l �c)/
by and between the Department of/ Transportation, party of the first art; an
/1 r
Par -EY of the socon part,
W I T N E S S E T H:
THAT WHEREAS, the party of the second part desires to encroach on tit right of way
Of the publI roe day gn ted as Rnute J
Y f.? Tf'/'"'J!� , located
with the COnSLrUe[i m.
yn end or crnc[jon o f•�,
WHEREAS, It Is to the ma ter IaI advantage of the party of the second part to effect
this encroachment, and the party of the First part in the exercise of authority conferred
upon It by statute, Is willing to permit the encroachment within the limits of the right
Of waY as Indicated, subject to -he conditions of this agreement;
NOW, THEREFORE, IT IS AGREEn that the party of the first part hereby grants to the
party of the second part the right and privilege to make this encroachment as shown on
attached plan sheet (s), 3pecificatlons and special proviSions which are made a part
hereof upon the following conditions, to wit;
11tet the thet Palati on, apefirson and aulntansr,oa of the above dea­3 Alcrlb•d fealllty will bo accorpllahed Sn a
C"dA... with the Partly o! the first part's lot.rt OLI
T; — on as toathonaa .t Mone and aJtendmen n there a ea Al • evF a CCC 1NG lffrLI fMAc-
AolLclss end Y n • oN
tl�e party of the first Part. Droa•dur•s aaY b• obtalnad trots the Dirt Lon Engineer or stateaUtll/ln ant o
Y n4 t
Is 11 l tYtl ntla u""d
s•te r"Irandsppfropor rscond conditioon t•.J6at ita,IIIibooQeinrarr.aa himself to install and m Lntnin the oncroachlnq
ol:e true! not antur(sre with the proper na lnisnance lRa Crof, to rolraburau with
the r sn as ogee iteral upon •aid hag hway, nor
tncurrn,J for y ropyaaLra or ranintonauco to Its ro4owaya and atructuras nocas wrYYdue to of the
the first
lnrtallat/un
lstencu °f the fec111fLe• of the Part fir the „oat
roy7lre the rernval t or ch in pity of the e.canV part, and 1[ of any time the party of the [lent part shaJ]a-
bind• hln1 ell, his euccoa■ orernend seethe lest°Lion ul tRe cald fACLlttLea, that the
to the ealtl requlroaont, wlthov qna, to TPe"Ptly meow• or alter the geld facllltloarty of the aucond tart
t any coat to the Party at the first part, in ardor to co,tlorn
altln•nrat rho party of (he •-tend Pert agrece to Provlaa during eenetruetlon and •ny suhaeryu•nt r,u iota r.o ncc
ken gnat lJgh rA ftetIGqAlGA and other w rn log tlovfcce for the protection of traffic In conformance with the latest
1�,Jor _hn•1l n�_Tr� c f`n of D�a.lc o• �proper
mut cr an to [ha nS ro ru ss and —r a� tt ons rwr.a cEt er n° gnwE�1 Lod A.andnante or
^
Past. ro,. aha Division Engineer'uppl•a•nts thereto• Infor•
71'4of the parry of the !,rat
ty
from all tdttpR7oArend f [h^ ciczntrlaatru hardy 09-04
eto iraemenfyfAnd -oro hnrmlons the party of the ileal part
ersacl.,esnt, cls Lna J lRa[ wo
ll,o lnetallatIon and malntonance of (hie on -
That the party of the nncond rvfrt hVrooa to router, all areae disturbed during Installation
to the aotlafacllon of tlta nlvle Lon Englncor of the party of the first ptrt. The party of the see ir.d
to he every rtaoonat,io end rM lntenenoa
P°llullon of rLrcr■ Prai.outlon durlLq eona[rucvlon and nalntenanco to prorcnt eroding of aail�aallLingeir
GtollutLnn of the at' stroaira, lel•.ea, rcaorvofre, other atur trPoundnnn U, ground •urfetaa or other
lvl•fan of Envlronacnt alezi hW n Ann) 17 p°?'pl lance with ar•r•l lenble rules and r•9wlatlono of the North C1rul tnA or
fegul•elone of vnrieuo eountlou ort}' Ca rcllnn Sndironte cion Control Co.enlualon, end with ortllnancoe and
control. when any inetallatlon" uru aalntensnti°aend ether nf[lctnl ageneter. ralating to pollution
the party of the aaeond n� rl arrcoa to Pr•ruticn dlcturbs the ground our(acc and the Pollution
Prarenrton and
the e•ltlafactl f )ono r• ted replace the nrl or Llha rwlae raaatnblleh th g 4reund rover,
vn vl thu Dlrlalon Cnglnr;nr of the party of the llrat part. o Vraoc corYr to hast
T1mt :hu party ej the accord f»rt -green to h&c",, lhu .dual teat of
Loa r"'c"Oe7' tY the U1 IC an Engineer ct the party, of thv "Sect pc -c,
any lnsl'+ce2lon of the tory cats U oared
trvcTh`n,tA party of the .cccnd port agrees to have evadable et the conat"ctlon alta, at all tta,ae Burin a
lira[ a voPY of this a?r earent shat lr,y cv !done, of app rural by the re rty cf the d rat
tort roaarvai tho right to ate g con -
P all vwrY un to r.e arluenee of approval can ba ahovn. Pert, 21,a td rty of the
1'r Ovidod the work ,ontil—d In this ugrecnunl le iulnq portol'rad cn a cosi
plolcd hl hva o
party of the oceond part n�rc os to ql vn written net(co ei lM U1rlaJ on Englnoer of the
vhon all tort ccnlolnod heron hna ben U y pen to first the
vrlLton notlro of cird>lct w, Unlcas els eclltcllJy rnVtto sled L !hearty of the tint part
C 4'zPl^!lits n! r:ork on h1v..vuY f•r i)aet'. under con•lrvctl en - ,II nat be requlrodf the flat part,
of thTh"t in the talo of nuwampllance with the toren t[ LRIo :,•Trsnnent by the party of the second
taoradafromatltca N htaofrte rho right In •top all wet until the. foe111C part
g Y fee Losn trough! into coa.(lpslegpotar rt- Y
�'Y t nt• cost t� lam 1%a:ty nl the fleet Tort.
ll,nl 11 lu v.Jua.; :•r L,.16 p., ttYY l; v,t lata agrronanl .hal: l.an G,.:v va;d 1[
r+Anco„piato•r nvrctn an not n•xftt11 vllnln one Ill ynnr rroe coo data or 4trrha rl teTlon L the
"I'll. written totter Se eacured },y tj1e n=lvvl conntrueLlan of taw u.lra
f>rrty of tl,e second p•trt frca the Y tarty or the n r•c pare
' Duron the Carty of the fleet part,
Ih•)eiraffir ser-fravm¢e thethte cintrorl to graecau lallo,afor itself, Its aaelgneea and euCCPoaora In lntercn2
!n[arrcr! to cGnLfatCOf-},
e• Car• ]Innen with ( LrLtcne•r ror,r i,c ;n ten e t or .li.tll "*rly with the 1?nVuIatlonr rola tiro to n,ndl zerinln_
aC on an vara Iy-u r.-aeT7'
Requlntlono, Marc ?1, tl.o ? ref eLa U, (•• Ce FNrrtnont of Tre,nzportatf un, Title 19, Cod° o! Jbd, rel
tla,,, ), which rr r,. herein lncoryuia C�eJ', 1'y 10 ilea �o t1 m4, (here,na (tor rale
°",I d` a rrart of thte read to as [hc IctVula-
con[ruct.
FORM R/W 16,1 (Rev. ,July 1, 1977)

'u:� , r, , 4`l;�� ,, 7 F :r 'r ,� �:,�N r-rjV vc. �� ,
c. •1 ' . i 4th
M •..I .glnare ,•1 Irw4,+. u, rrrA, a r """nal n4` "Jin to tai UIKtaJn and r•luAtIon of •YIJCOM
Pulp[tactor•, tncL141n� �rA<u(•■enta 4`f eletorleln and lana■ Ol noull>Mnt,l1■ centrYoter •hell net Pa(tlel-
in,1 elthdf 01r•Otty of lndlrea [ly to 1M dtaarl.l netlon prehlblted Ly .'1.Ot lona 11.3 O! the Reaulatlon•,
lnalurllnp •■plevwent pr watts•. vh•n the aontradt cnref• n praprce at forth to ,%ppaAdIX U of the Reaulgtlone,
o. .70110 one of .col. tgolu
l•n`wIy}/ �T -I-n-a-� o �lfi�.UtlL
yoipl-eaynt•
001, tract, 4`,r ••urar,.
•upplad 1`d to w ueu o�if ot nequ/wlpct e<e:nr• l oerr eevho 1D.t eMLt
[ Mtro foarl♦l e4•Under itounW•
11 L• notlflotl by the contractor of the eentr•eter'a obl� •el•n.ouwderal -UZOeetreetor of
Rbgule a on• relatlr• to nenele0rl,.lnitlnn 4`,n tho �rounda .1 race, tJSl0 GOAtteat and the
color, or national arta le.
A. ^n^wrrl: :;n .,I Orterl •, IA• .raw t4`. •,u4` ew.11
" "' •^/ {AI/.ld, Ina <n•1111 wlOr a4`, as •II.IAf01Y 1104 -114 f•p4ft{ ranulfld of the Ileylalla.{, a1 J:f •all..
1l •tttla IY ,fa fM10.1, r.<•r1<, ••tarwf•, .I\.♦ .•r r.• e! Inl•rMll•n. •we I,. fAalllll.
•1 Y1' a• J111fw1n•• ey In. )•: a11••ai el .r•^. r•rany ,n1•Ilnw • • .• nl..wy •wwlwll t/•ll •n'4• •• p•rllle.t le ete</n In COeellw[.
rlln Ir.\ a•grl•11ow1 •r Ill••. Ir.•. N.r l•rYll e. tea ..... at sl a <OAlraClef la 1• [A. •.lir{I.• ......e... e/ •n•Ih,/
`"•• (•111 or Nlrua 1• Lrnl In lel. Isle Wllan, la. Qnlfa<t•P'pall 14 ­tit,Ie 1L• ou•IIw•wl •f Tn,yern .l•w, •f lA• /.Nisi
N17�'.Y •ee1.1. 1/•IIM .1 erre; rl•1 •, aM •MII ,•{ far t1` 4`•.1 [1l•r Ia 11 nJl Olde to obt•In the IAferYllo.,
•. l.wn 1• ] ter �e�l�o. Ilaw(i; In tlw •4`.a til u• c•nIn•fu •. w. •.►I uwu ri.A In• w•n.l•an ..n•1'on Orar7u•n. •I t■11 canln•t
T• 1•J.r u.wl 1161.41.2,
,�LU.a .n•I I Lnw,. . •wtloot ,u<U on' JI It or the 4`a dant til glover .nnlnittru ,•n uy •.acral^. tw
•• •11/'•4`4` la's, InalrJ int, art r.nl Iln,lcJ Is, -.w .
(:1 rllwholJl Ap el prwta l/ :a Ina 64.14`64W vIWSP the contrJ01 uall the .e.fn<le/ elwnllu, u1/•♦
Ifl uw1•I LII«, t,4`+I w.0 on of f.ap.nllon of the'(.traet, In .1014 or in Date,
f• Iwe nrventlww wl Prs.l•lu.. t\, ...ve<t.e
I J tit PIr6.rcw.nt• or IerlJit n•II IAe1rJt tF1 7rOrlllOw/ -1 W Hilar\• "a" 4`F reJdh "/" Iw, •4`f •.aa•w.r•a{,
Ih•n to, foo ao.tneter ch 111 ane lu ua of .O VI M'•wt, v.11u .••ql by Ih• A•g.1.Il..•. or Ile<tl.•Irl eve! e•rau•nl
,A• r.e•nl I Ira A let• ,u,1` •e IIM rltn 4`•.f •{{ l0 1wy {relent nal Of pra,coftYAl At the OeOarle.nl of (If.INIn IIs.
rrOr le.1, hOwtv•r� thJt.'yAwth •fet Qr
•4`A a•ten.r.•IH a L,aw actin. L.Jrin^e.frll IAfN 10.N .1 [A. JIIIlOe[IOw awl [. J S �•� IJ<e l•f1er
CM:
. re.rlt ./ .ran rinallac, In. c.Antlar war rr.4e.at In. 01 Nrlwul el ffut4`u l.11•n a .w,•4` Iwu , w Ilu•AU on 1•
le glitch., el A•II. [•fall• •I .F ••Uel../ S••healllen, ch• d"tt"t., w.y r•gra61 Iha unit.• Il•1.1 to •wa.f Irl• 6wn II[Ip.tlon
IN WIT?IESS WH MMM, oath of the partlos to this agreement has caused the lama to
ba executed in tho day and year first above urittell.
DEPARTMENT OF TRA PORTATION
BYl
DIVISIONdjNE1JR
ATTEST 01 rJI=. s,
/'% fJ 4`i"...)• r� T-' %•S/�-CAIli
�� li✓�..t.� tee �s�
Second Party ^
J-66 /� •4`+•Z, l�?r✓Y�/`l
When FAa •p0'Icant II l cby,Ih-ll On Or . nrnlcl.•Ilty, tb lc ,gr•wet oust 1`•y the G9rp•r•ie ata: eM 1e •[[alto( Dy the
c•ar poratlm .Gregory or 6y IcI I [a0. F city oleic lel, unlcl/ a wirer or corporate teal and Me,, tell -n by tA• Aur,t.ry
r FY Ifo a•p04•ret City dff lclli II on File In he aalellh elf lc• el ch. Maw•q.r •/ Alght •/ Jay. In Ina qac• pra.lded In
lhlt a!4`.6n•ne IsI .a •ertl.n, ln• naw. •/ t1`. nrPO ration e4` eunlclpell ly abell be t►ped ebev the nave int IIt11 e/ all
per aan• a12-1-1 the .graan•nt Should be [yo.d directly a•leu th-Ir /1•n.lr1•,
Thl,
Info .9-_, 044`1{ Da ecce lip anted, In IFC rOre d( •n all's Ghw•At, by PIJAI of JI -Ing. 0•r1n1 In. fa111ving applI.W.
I. All roadwyl and fanpS
7. p17h1 df ..ay lines and rh•r, ,ppllnblo, n U......I of •ce... llnet
J. k "tldn of the chilling IWO( prcpOt'd tfefi.ehfAj
6. LanOth, 'lu and type of .Ate..c hw,•t
t. M.Ihee o/ Initlll•tl-n
b, OLenllon/ lhutln7 the dlit`nev free t1`. ._,.act._., t- .J q. of --t, inovl dere, atruct.f.e. etc,
7. teeallon 6y nipnray curry t+tion nln6ar, If tu[loncannot be ooulNd, lecatlen 'NJIJ ►• 6he..,. by JI,-
Ylatanec from IOM[ .dant I'l/ale Pettit, Such At A bel4g,. rod , Interacllun, •tee (T..plat In r+q•ratloA of the
•4 I.Igh1'••f ICalan, tn. Oepa nw.n.'a roaJr6y plane wSy le 'tut •1 Int rAlto., Mlghwy OSA lion OfflNt, e, at Sha
rte 1.1 n 1
0. Drainage 'ttvelulse e, bre du ­
If Affect" by Ane... eA,w.nt 111`04 vtrtleal and hofltontel dl-cI lone fted, 1A6rN CR•
wet t• Aur•ft f•rl of 61fve tura)
S. Mc(hod of ate+cM•At to On lea q• nrrelurea or 6rlJga..
to. Manhole d. 117n
II. on undergrounJ ytJ lit lA'
MI. the depth of 4ury redo, all lnr•I.1 IAA.{, uwrld.n, Jltd,.a, .IJ w.. r„� ,,,•
eng tn, Ili. rad type 0! •nt••wntregrfr.4.
I. e'[Ia Sol y<ancfwt,noN[lon .1 to welAnd of clotting - boring and Jaebinp, .pen tut, rrc,
erutlAt nCOU MM[)ITS
Any •11•ehr.ne to • er107• a4` -that are ln.gt Ilrretufe waft be +Py/ova 1Y the Ilea( of tVuelvr. /•a law Iw 41.1[1`
prior l0 /ubnlltlOn of aneroaehnml agreew.nt to the e1+Icl•n f.......
ell ero•.Inp IhovN 6..S our •• 4`417161• norw.l to Ire atnlcrllnc of the hlgfluay.
Ml n1^w re rel eel cl..nncal Of ov e4`nGd ulfel and cabltl sacra alI roed.,ayt 0446 con rafr to el•enncea tel cut 14
tA• Mell-n.l Clect rIA SAf.,y C.d.,
(nNllemts shell WOMI frac dllch III,. to dltth IlIt In eut aeetJa.t and S' 6cyend tae of Slopet In fel, .actlom.
All van el Inn." 1. eelmdrd [o t1`. rlgh6 0/ .ay Ile: a4` ..-tnAr,.l<• r. rr.d a
All spec .n e• . n .1 [e 4`•t.1.4l led Air- U h thell .cot the ltandifdtt Ind . peel l lcalloal f the t of n ant DapartA,Al.
j.
Any tluIrldGprovllOnl or IPlclflutlont It :a In. p{IlefNne• of IN. wrb .r ,,...thea or cAnitrrcll.n [het nay
be rein red by 11`. D.n•rtw tit Haft Y. tFea a • ISM al Iched Ia G-c,O.cIInan/ egre.rgnt provldlJ tMat
..,a, in /o 4`w+tion wnnol b. 1Ftlrn nn Olen, or drarinyt.
Th. peoartn<At'I Dlvl{t.n tng,n<<r .AorIJ 61 at+.n nallcc ay in,-ppl,e•nl 1111-1 to •ewal st"Ijov of In1tN NN on
Inelv.ed In the. fgr<ewsn r.

AI;(, -2;' 2011 MON 04:51 FM '1C D'1 ;F !;(;A:;Tr�l. MOMV'1 Fr.X `IG. 2522.17'1
CLP
llr.:rc^cL,:� �•211;'Ill.:t.r.n
pUn•.t_r RC GGrJI(.i)ai ;5dll •,vCt hdfln,• t�•r(h u!'Ut11;1 j�lrGlln�; or cnca,emC ;;j .n.ler caremea(s be alley, �Q•
Smco() wall or Spiro( 1, eld ,tar! Pi e
? �U. b. ;ac::ed c;lrourh dr: buret �►;I! t1 , iar,er th1r, thu prpc bared proer2s,iV�ly a teed
I;adinz ed;: or'hc adv r,cirt� i
P Fa s spoil rnucad o\ the au�e- oac.l' through [he lot. > ro or Ills
ne'.v se=;ion .)r th_ r,c�;zr ttt;t pine stroll be bLa-we ided plod. s, ttc Cir
oorin, occr;ic:; prugr2
:o :he stC..on ;.rcvlousl. jacked mto pl-ca. Enc�serr:� res ;i:all ex(c 1dserotrt dcia
lint ro di;c l litre In cut aCcuons. 5 b2.:onC the toe of slopes in rill s-c;lons. Ind ;' beh:r.j cars secticr.s.
of Illi SIODi
'NC E, casernz nt P!oe
C-'.1 (dr of Di:ctl
Carrier pion
.-A
11 10103 ar: cncoLon e1•!•:.r .x;Ir oL"
OCC .a(v� the erC
IJJt c.:..:' i ;d P1=e• 7r3L'.:101dS 3aal
od In, tion -`;±
.r, f ;,',d VO1�5 �11_r♦ w•Itil _ S:ZIiCG 1(; 011: 'OC Stc Oe . �!1C1idrTtd^� _
fit ;he .•. _. 1•.-• :o pr2�2r.: �t r,
seRl:;t in th- ro_d•.\ay
^t ;tn o :.; lct:„ i5 L:!Cou tcrad `
CLC _ r iurlr+y the jor:n a.1d ,cl:- (?C -2r l
ori. cape z..� ti !ems 'A ! a 1 3 o:: to ; to ,,.q,r i ro ba • ' ;:d
r0r and c2 l�at j: Qu; 1I aL. ?C;�" .: CiSL'i (0 (Ili dll b i a 1 1'' l 2 iilt Cxcoss Vii.` IS to
oiLl3 Jr ��r_ 'r'O ir.
51: � a^ '.�•�:! -� 3 :other boric, .1, i.,:2.- . ';1;.:,rs 3T0' Ch '.�_:I or
T:i: i c �cr;rry 1ndj:tz!-i. iS �s ,01:t
S:
I-
;-;
. �Qq
,1•iac:ri; i5. jpl�:ii. �rot_ct:t � cua[ir� or
wall i "
JlIt1R3. iicX",ess Or car7!!r IC2, u --
!ds, indcs� \ )r !z0% ,meatal cod_s. as 1\ell 1 P -ids, and c-chodic protecrion shzll
spdciticatic so[.h,
' Dzpa;tme,;t of Tr2r.;COr.i:;icn.
Ca3;:,h Pioe Shall beat the endo
C=;:er. - " w oravz;,t t ow;'._ .vette ar.' is f ar r„
[h2 :r1C Qt ih: (op oP(h_ pipe orca;Eno 1L'ithin riches OFwa\ jitOlrl% Orc," de nlinirnutr[
A. Lor,g>itudirni In.,s;alliltions....
8. Cros3inR; Ur,d:, Road\vays. ...,�...�.. ...,�................ �.
..............
C. Cms3iR,S Under Ditches (pa\•2 av 3' (Below Travel Surface)
vZ Unpaved)... .1•
Nreilrots C1ii ""rS tl lmmahle CO[j'Qjl�'d 1SIYc, er�e��Tl7e'd Or L •q: l�
CM;2. In [l0 CC,c. shall th- �ep(h of bl ry t)t Ie S t ,, 'la•-- -' (i$ 1r1i1t3 mLSt Cornpi Wictl &a C2. P2d2'^I and L'.:lI7J
i1Rn a5 i1dicactd a, -Ove.
Directional 13o;7e
NCDOT right of
— Directional methods have not been+
way, Under no,
gi,�en st�•cwidz approval
°or use on
Utility pipelines
condition
be a11oti�•ed � q $hall jetting
cutter head
alone or wet
boring with
water of
shall be
Directional borin T using jeltitlg with Bentonite slurry
at a
used on tht�
is approved
tip of the drill
strinv.
S' tninirlu,'11 depth below the strecim bed and a 5'
hori�orjtal
for the creek
crossings
neo n:st par. t of
any structure, win,',. X111, footnc;
Clearance from
the
or pipe
culvert.

ATTACL HENT D
DATE, June 8, 2001
SUBJECT: Planned Time Warner Cable Crossing near Harkers Island Bridge #73 Harker's
on the east side NCSR 1335 and concerns from the adjacent southeastern
riparian landowner. Located within the Straits area of Carteret County, North
Carolina.
TO: Ms. Terri Barrett Mr. Don Butler
CAMA Office Criser & Troutman Engineers
NCDE&NR Division of Coastal Management 3809 Peachtree Ave, #201
151-B NC Hwy 24W, Hestron Plaza II P.O. Box 3727
Morehead City, NC 28557 Wilmington, NC 28406-3727
cc Mr. R. Wheatly, Atty [phone]
[phone] (fx)
As adjacent riparian landowners to the southeast of the planned Time Warner Cable Crossing
we have the following concerns:
Our property corner is —300 ft south/southeast from the south end of Harker's Island bridge,
our deed (Book 872: Pg 168) includes riparian and littoral rights from this property corner,
north to the actual bridge structure or The Straits . This was agreed upon when NCDOT or
NC Highway Commission built the current road & bridge structures to Harker's Island (Book
306; Pg 499 11/01/1968). While we have no problem with constructions within the 60 ft right-
of-way, we do object to any structures outside of the 60 ft right-of-way and any direct or
indirect effects this project may have upon our riparian & littoral rights to this property.
The plans incorrectly show the NCDOT right-of-way to be 100 ft wide. The highway right-of-
way is only 60 ft wide. The cable boring according to the letter is suppose to be in the right-of-
way. If it is in the 60 ft right-of-way we have no objections. If it is outside this 60 ft right-of-way
it will likely effect our properties and/or riparian property rights.
Please check your drawings and the right-of-way width for correctness. We would like detailed
drawings of what is being planned, its location, and potnetial impacts to our properties.
Thank you.
Hollis L. Batson & Lawrence F. Baldwin
[phone]
137 Stoneybrook Rd, Wilmington, NC 28411

Project Locatlon (County, State Road, Water'sody, etc.) �'
lype of Project Activity 6..r( � ll` t -r;: >>r 1 ,_.5--
PROJECT DESCRIPTION
20,)1 116!1 04:413 FM `IC G''v )F i;i;ri Tr,L MGTI"r Ft?X V0. 25'1?17?33C
AT.r E jibs 1
-• � .
fJ
1
CAMA and DREDGE.'AND FILL
(SCALE'.
.N ,r.. E,ti:; R A �: �a
of rel..',
r Ir
r%)-
as:authorized by the State of North Carolina
Pi N (dock) .Langlh
,
;Department of Environment and Natura)'Resources'and the Coastal Resources Commission,. •
. .
in an area of environmental concer pursuant to 15 NCAC _ �i
.1, i..
,�^•(
Applicani Natnc I , r' E� t hone Num
Addre/art
Ci (�
� . �a'�,�i'� �-�:�,. state `-'f � A. I
Project Locatlon (County, State Road, Water'sody, etc.) �'
lype of Project Activity 6..r( � ll` t -r;: >>r 1 ,_.5--
PROJECT DESCRIPTION
SKETCH
---
-• � .
fJ
1
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I J I
(SCALE'.
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Pi N (dock) .Langlh
.�L,
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1
'
a.
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t
t •` �{
- ` ,I
r. .ti
,lamJ
92sU, d" mandoits
di
r
�
'sr 9
}�• ._ _
_
t
f
�
�
jj
CubIC yards _
y
Boal ramp dhnenslons '" •
othei i JI (\ (/ti - / i 1�C \
-::
�tJ�ri`
-Z-
-� -1 (
—
d
�..r•
;- ',
;'' This permitIs subJectto compliance with this application, -`site drawing
a�hd attached general and speciric' conditions. Any vlolation of these terms' `
may subject; the permittee to a .fine, imprisonment orcivil action; and
_ may cause the.permit to become null and void::"
:.
:',This permit must be'on the project site and accessible io the permit of-'
ficer'when 'the project is inspected fornce. Thi'appljcant certi- .
fes by signing this permit that 1) this project iscampli.aconsistent- •th•th 1 1 -
• • : appll an
,itofficer's signature
'••land use plan and all.local ordinances; and z) a written statem n't has 1 issuing date'lration date
been obtained from: itdjatent riparian landowners certifying that they • • _'_ l jh! . �� (1
have no I.objections to the proposed work. 3tr3chments
� '
In issuing this permit the State of North Carolina certifies that this project • ^J�
is consistent withth North Carolina Co9tal Management Program.' �r(` `� . C�
application fee
- - - - --

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Euley, Governor
Bill Ross, Secretary
Dow& D. Moffitt, Director
Augusc 6, 2001
Ms. Hollis L. Batson & Mr. Lawrence F. Baldwin
137 Stoneybrook Road
Wilmington, NC 2841 L
Dear Ms. Hollis and Mr. Baldwin:
ATTACI-HENT E
7*AA
NCDENR
This correspondence is in reference to your June 8, 2001 objection letter to the recent
cable crossing project proposed by Time Warner Cable located near the Harker's Island
bridge, on the east side of NC 1335, in Carteret County. The proposal involves the
installation, via directional boring, of 3200' of fiber optic cable within the D.O.T. right -of -
way.
It appears that your concern focuses on ensuring that the project is actually located
within the road right-of-way. As I understand the situation, a new right-of-way agreement
has been signed and dated on 7/16/01. The permit applicant has assured the Division that the
current project is within the agreed upon right-of-way. Based on this latest information, the
North Carolina Division of Coastal Management has careful reviewed your objections and
has determined that the project is consistent with the pertinent regulations of the Division.
Therefore, on August 1, 2001, the Division issued CAMA General Permit /t28152 -C to Time
Warner Enterprises for the aforementioned work.
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 or
would like to request a copy of the permit, please do not hesitate to contact Tere or me at our
Morehead City Office (252-808-2808).
Sincerely,
T-e�TICL//
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
Morehead City District, 151-B Hwy. 24, Hestron Plaza 1I Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.cu.state.nc.us/
AN EQUAL OFPOR17JNTTY 1 AFFD ATiVE ACTION EWLOYER — 5CoA RECYCLED / 10% POST CONSUNC-R PATER

ATTACFNELNT C
DATE: August 10, 2001
SUBJECT: CAMA permit and planned Time Warner Cable Crossing near Harkers Island
Bridge #73 Harker's on the east side NCSR 1335 and concerns from the
adjacent southeastern riparian landowner. Located within the Straits area of
Carteret County, North Carolina.
TO: Ms. Donna Moffitt, Director Mr. Don Butler
NCDE&NR Division of Coastal Management Criser & Troutman Engineers
1638 Mail Service Center 3809 Peachtree Ave, #201
Raleigh, NC 27699 - 1638 P.O. Box 3727
[phone] Wilmington, NC 28406-3727
cc Mr. R. Wheatly, Atty at Law [phone]
cc CAMA Morehead Office [phone] (fx)
This letter is serve as our formal objection and appeal with the NCDENR - CAMA permit
#28152-C within the 20 day allocated time period for a Time Warner cable crossing within our
riparian/littoral rights as adjacent property owners. Our main objection is the stated project is
to be within the NCDOT right-of-way which is 60 ft wide, but the project shows a 100 ft wide
right-of-way where the actual project is to take place. Thus, the cable project is not within the
NCDOT right-of-way, but within our riparian/littoral rights area. Our principle objection is
NCDOT and utility projects similar to this one, want to use the NCDOT right-of-way but
consistently and incorrectly state it is a 100 ft right-of-way, rather than 60 ft wide. Basically our
riparian and littoral rights are being infringed upon, if not completely ignored.
The CAMA letter of 08-06-2001 also states a "new" right-of-way agreement was signed and
approved on 07-16-2001. We have not been contacted and have no knowledge of any "new"
right-of-way agreement.
As previously stated in our former correspondences, our property corner is —300 ft
south/southeast from the south end of Harker's Island bridge, our deed (Book 872; Pg 168)
includes riparian and littoral riqhts from this propertv corner, north to the actual bridge structure
or "The Straits". This was agreed upon when NCDOT or NC Highway Commission built the
current road & bridge structures to Harker's Island (Book 306; Pg 499 11/01/1968). While we
have no problem with constructions within the 60 ft right-of-way, we do object to any structures
outside of the 60 ft right-of-way and any direct or indirect effects projects may have upon our
riparian & littoral rights to this property. Plans incorrectly show the NCDOT right-of-way to be
100 ft wide. The highway right-of-way is only 60 ft wide. We have not been informed or have
any knowledge of any "new" 07-16-2001 right-of-way agreement. Any project outside this 60 ft
right-of-way will effect our properties and/or our riparian/littoral property rights.
Again this letter serves as our formal objection and appeal against this project if it is outside
the recognized NCDOT 60 ft right-of-way. We are seeking legal counsel to prevent any
encroachment or loss of our riparian/littoral rights within these properties.
Thank you.
k�w ��OL
Hollis L. Batson & Lawrence F. Baldwin
[phone]
137 Stoneybrook Rd, Wilmington, NC 28411

AUi;. -? ID l 17E 1 1 I - 1- DEHNR COSTAL k,101T
P12B5706.BMP
DCM FORM i
L4wrrltce � G,;H
PETIT'IONER'S NAME fi p /l, G. 4 lar Q ti
COUNTY C v f se - e t
FILE NUMBER
{PCtidoner leave this line blank)
TEL:[phone]
ATTACHMENT f [
RECEIVED
AUG ?- 1 2001
COASTAL MANAGEMENT
THIRD PARTY HEARING
UQ[1EST ON
CAMA PERMIT D13CISION
PLEASE TAKE NOTE that the undersigned, a perwn affected by the decision of (check enc):
a LOCA Fwmit Officer acting on a CAMA Minor Develoymi Permit
appucation; or
the Division of Coutal MAnagirnent, Department of Environment and
Natural Resources, acting on a CAMA Major Dovolopn=t Permit
applicadon or LAMA OcncrM Permit applica ioa
litrcby requests permission from the Coastal Rwources Comalinsion to file an appeal pursuant to
N.C. Glen. Stet. § 113A -121,1(b) and N.C. Admin. Codo tit. 15A, r. 710300 (Plaare artach a
copy ofthe permit appllmlon der -004 1fyou cannot obtain a copy ofA& permit tpplicatton
decision, please provide the name of the permittee, the project location and rhe permirnmunber.)
Requests are reviewed by the Chapman of the Coastal Resources Corrwm scion to determine
whether a hearing should be granted. The dete�minxtion of whathar to grant a ldag is is the
sole discretion of the Chairman. N.C. Admin, code dL i SA, r. 71.0101(b).
For this application to be totaplctc, the Pctitionor must address oath factor Iistcd below on a
separate sheet of paper. You moat address these factors before your rrqumt will be reviewed.
The Chairman's decision to giant a haa64 will be based on whether the Petitioner.
(1) Haw alleged that the decision is cwt-ary to a s=e or wle (N.C, Geri. Stat. �
113A -121.1(b)(01;
(Please cite the statute or regulrnion allegedly violated by the permit dacisivn. )
(2) Is di,rrctly aff ctad by tho decision [N.C, Gen. Stat. § 113A -121.1(b)(2)1; and
(pleare dirseribe haw you are directly qffeetad by the permit dectsion-
Persoat directly el fecred by a dec%rion include, bur ars not hmited to:
(a) am owner of real property in the vicinity of thea property to
be drmloped who eon Thaw 0wr the prppored development
it 11k3ly to have a significant adverse ipTjct on the value
and enjoyment of his property; and
(b) aqV p,raon who crm dei"o,6s ore a hirlory of subsrnmial
use ofpublle resources In the area directly affected by tho
P 00?

AUf; - 21' 01 M,EI I I - I - DEHNR USTAL ';1017
P1285442.BMP
TEL:[phone] P 003
davelopmfnt when lha dew/opwont fs wirhln or roaches
upon an wva Mjecr to the public tram.)
(3) Hw allegod facts at made legal erg=== that demona mto that the requast for
the bearing is not (}ivolnus [N.C. Ocu. Stat. 6 113A -121.1(b)(3)].
(Plaase summarise the evUrnce or argvmentr you will presser at a
hearing in ,rapport Qf yow appeal.)
Band on the attached ruponseo to the above factors, the undersigned hereby requests a third
piny herlring.
9' -~ / 9
Date jpaturo of Petitioner or Attomey
Ce /,C- Al /Wt,
Noma of�Petitionay�or Attorne
y
/ L �1
12
Address
City Stato Zip
Teiephoue Number
NOTES: This request rnwt bo served on the Director, Division of Coastal Management, at
the addrem shown on the attached Cexti&MC of Service Form, within twenty (20)
days of the diegutedpermit decision. N.C. Cion_ Stitt. § 113A -121.1(b). Failure to
do so consii ft= waiver of the right to requwt a hearing. A copy should also be
scat to the Attomry 0mral's OfEm Environmental Aivision4 at the addmsses
jhoW]% ori the &tWU4 Cmtifieitte of Service Form.
Approval of a Third Party Hearing Request allows a petitioner to ale ti coatcd*d
case petition with the Office of Adminimt vt Bearings within twenty (20) days
of rcccipt of tho Chairmen's Order, N.C. G n. Stat. § 113A -121.1(b).
Dcnial of a Third Party Hearing Request is a final agency decision which may be
appealed to t1t4 Superior Court in the county when the property Is located under
N,C- Oren. Stat. § 113A -121,1(b) and Chapter 1508, Article 4.

al!r,. -21 01 ITI;EI I1 ; 1- DEHNR CUST�L M(INIT TEL;919 1495 P. 004
P1284152.BMP
CERTIFICATE OF SPAVICE
I hereby ceatify that this "Third Party Hearing Request hes been sawed on dw Sate
agencies named below by deposidq copies of it with the United States Postal Service with
sufficient postage fm delivery by mail or by personally debverinq copies to the named
agoncioa. �-
brlginal served = Dircctnr
Divisiou of Coww Muraganutt
1631 Mai Service Center
Meigh, NC 27 699-1 63 9
and a copy served an: Attorney (}atter N Office
Environmental Division
P.O. Box 679
Mc,ig% NC 27602-0629
This the 2-6 6day of
Stgnut = of Petitioner or Attorney
LTF/30110/rrp
tlpdmcd: July rd, 1999

AUG. -21' U i71 -'EI I1 - lDEHNR DOSTIL MMMT TEL:[phone] P 00
1'Lzmztlnu.bmt
North Carolina
Depmmant of EnvironmcM urd Natural Rcsourres
Division of Coastal Managemant
Michad F. 94sky, Gavereor
Bill Rasp, Secretary
Donca D. Moffitt, Virrtdr
August 6, 2001
Ms. Hollis L. Batson & Mr. Lawrence P. Baldwin
137 Stoneybrook Road
Wilmington, NC 28411
Dear Ms. Hollis and Mr. Baldwin:
��n
NCDENR
This correspondence is in reference ro your June 8, 2001 objection letter to the recent
cable crossing project pmposcd by Tirnr Warner Cable located near the Harker's Island
bridge, on the east side of NC 1335, in Carteret County. "Ile proposal involves the
installation, via dir mional boring, of 3200' of fiber opric cable within the D.D.T. right -of -
,way.
It appears rU your co=rn focuses on ensuring that the prvjoct is actually located
within the road right-of-way. As I understand the situation, a now right-of-way agreernent
hae been signod and dated on 7/16/01. The permit applicut has assured the Division that the
current project is within the agreed upon right-of-way. Based on this latest information, the
Nortb Carolina Division of Coastal Management has careful reviewed your objections and
has determined that the project is consistent with the pertinent regulations of the Division.
Therefore. on August 1, 2001, the Division is6uod CAMA General Permit #28152-C to Time
Warner Enterprises for tt aformen4oned worn.
If you wish to appeal this potmit decision, you may file a request with the Director of
the Division of Coastal Management, Deparunent of Environment and Natural Rcsoumc6
within 20 days of the permit decision. If you have aay questions regarding this matter or
would lilm to request a copy of the permit, please do not hesitate to contact Tere or me at our
Morehead City Office (252-608-2806).
Sincerely,
M, TO Tyndall
Distrlet Manager
cc: Charles Jones - Assistant Director, DCM
Tere Aarretl - Field Repmentativc. DCM
Morahead City pistric t; 151.14 Hwy- 24, Hestron Plaza q Morcfread City, North Cm-alina 28537
Phone: [phone] FAX [phone] Internet: http:/JdCM2.em-state.ne.ys/
AN �
P4UAL OMRTTv `/�}�,}„!, 7M ACT}UN FMPLOYER - io% RECy=1 105'1 POST CON3UNER PAPER

AUG. -'-1' O1 ITI;EI 11:18 DEHNR COST:IL KNIT TEL.919 -33 I495
DATE: August 10, 2001
SUBJECT: CAMA permit and planned Time Warner Cable Crossing near Markers Island
Bridge 473 Harker's on the east side NCSR 1335 and concems from the
adjacent southeastern riparian landowner. Located within the Straits area of
Carteret County, North Carolina.
TO: Ms. Donna Moffrtt, Director Mr_ Don Butler
NCDE&NR Division of Coastal Management Criser & Troutman Engineers
1638 Mail Service Center 3809 Peachtree Ave, #201
Raleigh, NC 27699 - 1638 P.O. Box 3727
[phone] Wilmington, NC 28406-3727
cc Mr. R. Wheatly, Atty at Law [phone]
cc CAMA Morehead Office [phone] (fx)
This letter is serve as our formal objection and appeal with the NCDENR - CAMA permit
#28152-C within the 20 day allocated time period for a Time Warner cable crossing within our
riparian/littoral rights as adjacent property owners. Our main objection is the stated project is
to be within the NCQOT right-of-way which is 60 ft wide, but the project shows a 100 ft wide
right-of-way where the actual project is to take place. Thus, the cable project is not within the
NCDOT right-of-way, but within our riparian/littoral rights area. Our principle objection is
NCDOT and utility projects similar to this one, want to use the NCDOT right-of-way but
consistently and incorrectly state it is a 100 ft right-of-way, rather than 60 ft wide. Basically our
riparian and littoral rights are being infringed upon, if not completely ignored.
The CAMA letter of 08-06-2001 also states a "new' right-of-way agreement was signed and
approved on 07-16-2001. We have not been contacted and have no knowledge of any "new"
right-of-way agreement.
As previously stated in our former correspondences, our property comer is -300 ft
south/southeast from the south end of Harkers Island bridge, our deed (Book 872 Pq 168)
includes riparian and littoral rights from this property corner north to the actual bridae structure
or "The Straits". This was agreed upon when NCDOT or NC Highway Commission built the
current road & bridge structures to Harkers Island (Book 306; Pg 499 11/01/1968). While we
have no problem with constructions within the 60 ft nght-of-way, we- do object to any structures
outside of the 60 ft ripht-of-wav and any direct or indirect effects projects may have upon our
riparian & littoral rights to this oronerty. Plans incorrectly show the NCDOT right-of-way to be
100 ft wide. The highway right-of-way is only 60 ft wide. We have not been informed or have
any knowledge of any -new" 07-16-2001 right-of-way agreement, Any project outside this 60 ft
right-of-way will effect our properties and/or our riparian/littoral property rights.
Again this letter serves as our formal objection and appeal against this project if 4 is outside
the recognized NCDOT 60 ft right-of-way. We are seeking legal counsel to prevent any
encroachment or loss of our riparian/littoral rights within these properties,
Thank you.
P. 006
Hollis L. Batson & Lawrence F. Baldwin
[phone]
137 Stoneybrook Rd, Wilmington, NC 28411

AUG. -21' 01 ITLEI 11.18 DEHNR GOSTIL ,41G,117 TEL:[phone] P IN-
DATFz
June 8, 2001
SUBJECT: Planned Time Warner Cable Crossing near Harkers Island Bridge 973 Harkers
on the east side NCSR 1335 and concerns from the adjacent southeastern
riparian landowner. Located within the Straits area of Carteret County, North
Carolina.
TO: Ms. Tern Barrett Mr. Don Butler
CAMA Office Criser & Troutman Engineers
NCDE&NR Division of Ceastal Management 3809 Peachtree Ave, #201
151-B NC Hwy 24W, Hestron Plaza II P.O. Box 3727
Morehead City, NC 28557 Wilmington, NC 28406-3727
cc Mr. R. Wheatly, Atty [phone]
[phone] (fx)
As adjacent riparian landowners to the southeast of the planned Time Wamer Cable Crossing
we have the following concerns:
Our property corner is -300 ft south/southeast from the south end of Markers Island bridge,
our dogd, Book 872- Pg 166) includes riparian and littoral rights from this proosqy corner,
north to the actual bridge structure or "The Straits". This was agreed upon when NCDOT or
NC Highway Commission built the current road & bridge structures to Harkees Island (Book
306; Pg 499 11/01/1968). While we have no problem with constructions within the 60 ft right-
of-way, we do object to anv structures outside of the 60 ft right-of-way and anv direct or
Indirept effcts this prgLect_ a have upon our riparian & littoral rights to thjs roe .
The plans incorrectty show the NCDOT right-of-way to be 100 ft wide. The highway right -0
way is only 60 ft wide. The cable boring according to the letter is suppose to be in the right-of-
way. If it is in the 60 ft right-of-way we have no objections. If it is outside this 60 ft right-of-way
it will likely effect our properties and/or riparian property rights.
Please check your drawings and the right-of-way width for correctness. We would like detailed
drawings of what is being planned, its location, and potnetial impacts to our properties,
Thank you.
Hollis L. Batson & Lawrence F. Baldwin
[phone]
137 Stoneybrook Rd, Wilmington, NC 28411

MEMORANDUM
Stille (A North ("imolhid
l)('T)iiri wilt O1 Jttsti('c-
li;\I_la( it i
2760:2-06:25)
TO: Eugene Tomlinson, Chairman, CR(-'
Donna Moffitt, DCM, Raleigh
Charles .tones, DCN/1, Morehead (_'itv
Ted Tyndall, DCM, Morehead City
Terre Barrett, DCM, Morehead City
Ryke Longest, DOJ
FROM: David [-Teeter -Df�
DATE: August 24, 2001
Reply (o:
Ua�nl( Ilecter
limiruumental Dnlsum
I el: t9I ))?16-(,954
Fav (1)19) -Io.n'o'
dlwi el Y(;ilwl. n1s,:,w1v,I1C.
A'uG 31 2001
AD
RE: Third Party Hearing Request by Lawrence Baldwin and Hollis Batson, Carteret
County
Lawrence Baldwin and Hollis Batson seeks permission to challenge a CAMA permit
issued to Time Warner Cable for a cable crossing near Harker's Island bridge. Thev allege that
the crossing is outside the Department of Transportation's right-of-way and within their zone of
riparian access. A copy oftheir hearing request is attached.
I need a copy of the permit application, site drawings, CAMA permit, and anything else
You believe will be helpful. In addition, I need the Division's comments on their hearing request.
Chairman Tomlinson will have to make a decision by September 5. Please provide me with these
iiwelials and your comments by August 30 to avoid any conflict with the upcoming holiday.
EP50003

'7
Aga
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management Al
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Mr. Don Butler
Time –Warner Cable
3809 Peachtree Avenue
Suite 102
Wilmington, NC 28406
Dear Mr. Butler:
22 August 2001 —�
AUG 3 , 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Suspension of Work / Appeal of CAMA Permit Decision
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received a request
for an administrative hearing to challenge CAMA Permit 28152-C. The Third Party Hearing Request
was filed on behalf of petitioner on August 21, 2001. Under N.C.G.S. § 113A-121.1 (the Coastal Area
Management Act), your CAMA permit is automatically suspended upon receipt of a hearing request and
will remain 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. You
may not undertake any development under the permit decision until further notice after Chairman
Tomlinson issues his decision.
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 September 5, 2001. 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 as soon as possible.
Sincerely,
Donna D. Moffitt
cc: Chairman Gene Tomlinson
Ryke Longest
Jessica Gill
Dave Heeter
Meme Jo Alcoke
Tere Barrett
Ted Tyndall
Charles S. Jones
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

DATE: August 10, 2001 AUG 13 2001 A
9
SUBJECT: CAMA permit and planned Time Warner Cable Cros'ingi�)eA—qj d
Bridge #73 Harker's on the east side NCSR 1335 an _s
adjacent southeastern riparian landowner. Located within the Straits area of
Carteret County, North Carolina.
TO: Ms. Donna Moffitt, Director Mr. Don Butler
NCDE&NR Division of Coastal Management Criser & Troutman Engineers
1638 Mail Service Center 3809 Peachtree Ave, #201
Raleigh, NC 27699 - 1638 P.O. Box 3727
[phone] Wilmington, NC 28406-3727
cc Mr. R. Wheatly, Atty at Law [phone]
cc CAMA Morehead Office [phone] (fx)
This letter is serve as our formal objection and appeal with the NCDENR - CAMA permit
#28152-C within the 20 day allocated time period for a Time Warner cable crossing within our
riparian/littoral rights as adjacent property owners. Our main objection is the stated project is
to be within the NCDOT right-of-way which is 60 ft wide, but the project shows a 100 ft wide
right-of-way where the actual project is to take place. Thus, the cable project is not within the
NCDOT right-of-way, but within our riparian/littoral rights area. Our principle objection is
NCDOT and utility projects similar to this one, want to use the NCDOT right-of-way but
consistently and incorrectly state it is a 100 ft right-of-way, rather than 60 ft wide. Basically our
riparian and littoral rights are being infringed upon, if not completely ignored.
The CAMA letter of 08-06-2001 also states a "new" right-of-way agreement was signed and
approved on 07-16-2001. We have not been contacted and have no knowledge of any "new"
right-of-way agreement.
As previously stated in our former correspondences, our property corner is —300 ft
south/southeast from the south end of Harker's Island bridge, our deed (Book 872: Pg 168)
includes riparian and littoral riahts from this propertv corner. north to the actual bridoe structure
or "The Straits". This was agreed upon when NCDOT or NC Highway Commission built the
current road & bridge structures to Harker's Island (Book 306; Pg 499 11/01/1968). While we
have no problem with constructions within the 60 ft right-of-way, we do object to any structures
outside of the 60 ft right-of-way and any direct or indirect effects projects may have upon our
riparian & littoral rights to this propertv. Plans incorrectly show the NCDOT right-of-way to be
100 ft wide. The highway right-of-way is only 60 ft wide. We have not been informed or have
any knowledge of any "new" 07-16-2001 right-of-way agreement. Any project outside this 60 ft
right-of-way will effect our properties and/or our riparian/littoral property rights.
Again this letter serves as our formal objection and appeal against this project if it is outside
the recognized NCDOT 60 ft right-of-way. We are seeking legal counsel to prevent any
encroachment or loss of our riparian/littoral rights within these properties.
Thank you.
CIL
Hollis L. Batson & Lawrence F. Baldwin
[phone]
137 Stoneybrook Rd, Wilmington, NC 28411

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TIME WARNER ENTERTAINMENT COMPANY ADVANC�rrr4,111=WHOUSE NO. 0061545
160 INVERNESS DRIVE WESI - P.O 81>X (ry)
ENGLEWOOD, COLOnA00 80155 1.659
(103) 7144 1200
PAY ONE HUNDRED DOLLARS AND
TO DEHNR
I A'(ABLE I111I000I I
MEL LUN BANK, NA.
P11 I SBURGFI. PA 15259-0001
60 1601433
N01100 =_ - ------- _------_--_-_-- --- _---------- ----
NO F M ID AF fEI i 161 l
I�AfE AMOUNT
DAYS rRonn.umt r1r I^Sur 1 5/ 4/ 0.1 laoo. 00
THE MOREHEAD CITY REGIONAL OFFICE
ORDER
151-B HIGHWAY 24 - - OF HESTRON PLAZA #2
L MOREHEAD CITY NC 28557(Sa
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11'000006154511' 1:0433016011: 0931118040111

North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
Bill Ross, Secretary
Donna D. Moffitt, Director
August 6, 2001
Ms. Hollis L. Batson & Mr. Lawrence F. Baldwin
137 Stoneybrook Road
Wilmington, NC 28411
Dear Ms. Hollis and Mr. Baldwin:
�4n
NCDENR
�1�
This correspondence is in reference to your June 8, 2001 objection letter to the recent
cable crossing project proposed by Time Warner Cable located near the Harker's Island
bridge, on the east side of NC 1335, in Carteret County. The proposal involves the
installation, via directional boring, of 3200' of fiber optic cable within the D.O.T. right -of -
way .
It appears that your concern focuses on ensuring that the project is actually located
within the road right-of-way. As I understand the situation, a new right-of-way agreement
has been signed and dated on 7/16/01. The permit applicant has assured the Division that the
current project is within the agreed upon right-of-way. Based on this latest information, the
North Carolina Division of Coastal Management has careful reviewed your objections and
has determined that the project is consistent with the pertinent regulations of the Division.
Therefore, on August 1, 2001, the Division issued CAMA General Permit #28152-C to Time
Warner Enterprises for the aforementioned work.
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 or
would like to request a copy of the permit, please do not hesitate to contact Tere or me at our
Morehead City Office (252-808-2808).
Sincerely,
�Ci
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
Morehead City District, 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 2_�2-808-2808 \ FAX: [phone] \ Internet: http://dcm2.enr.state,nc.us/
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DATE: June 8, 2001
' JUN 12 200':
COASTAL MMF/I EJv0E
x,.^Zry Carr r, r
SUBJECT: Planned Time Warner Cable Crossing near Harkers Island Bridge #73 Harker's
on the east side NCSR 1335 and concerns from the adjacent southeastern
riparian landowner. Located within the Straits area of Carteret County, North
Carolina.
TO: Ms. Terri Barrett Mr. Don Butler
CAMA Office Criser & Troutman Engineers
NCDE&NR Division of Coastal Management 3809 Peachtree Ave, #201
151-B NC Hwy 24W, Hestron Plaza II P.O. Box 3727
Morehead City, NC 28557 Wilmington, NC 28406-3727
cc Mr. R. Wheatly, Atty [phone]
[phone] (fx)
As adjacent riparian landowners to the southeast of the planned Time Warner Cable Crossing
we have the following concerns:
Our property corner is —300 ft south/southeast from the south end of Harker's Island bridge,
our deed (Book 872: Pa 168) includes riparian and littoral riahts from this prooertv corner.
north to the actual bridge structure or "The Straits". This was agreed upon when NCDOT or
NC Highway Commission built the current road & bridge structures to Harker's Island (Book
306; Pg 499 11/01/1968). While we have no problem with constructions within the 60 ft right-
of-way, we do object to any structures outside of the 60 ft right-of-way and any direct or
indirect effects this project may have upon our riparian & littoral rights to this property.
The plans incorrectly show the NCDOT right-of-way to be 100 ft wide. The highway right-of-
way is only 60 ft wide. The cable boring according to the letter is suppose to be in the right-of-
way. If it is in the 60 ft right-of-way we have no objections. If it is outside this 60 ft right -of -wad
it will likely effect our properties and/or riparian property rights.
Please check your drawings and the right-of-way width for correctness. We would like detailed
drawings of what is being planned, its location, and potnetial impacts to our properties.
Thank you.
Hollis L. Batson & Lawrence F. Baldwin
[phone]
137 Stoneybrook Rd, Wilmington, NC 28411

CAMA andE GE AND FILL N? 28152-(
G E NR A L ��
;PE I T
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coast I Resources Commission
in an area of environmentaLconcer pursuant to 15 NCACApplicant Name . 't Phone Number 10
Address a P
City tint Q 4-r- , State zip
Pr'ect Location (County, State Road, Water Body, etc.)�� _6A , 54- —F-4' s (� V,
I f'\ I . I 1, t t --
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions. Any violation of these terms
ant's sign tune
may subject the permittee to a fine, imprisonment or civil action; and
4.:,appl
may cause the permit to become null and void.
L
This permit must be on the project site and accessible to the permit of-
pe mit office s signature
15
ficer when the project is inspected for compliance. The applicant certi-
1110i 410(
fies by signing this permit that 1) this project is consistent with the local
Issuing d to a piration date
land use plan and all local ordinances, and 2) a written statement has
/1
been obtained from adjacent riparian landowners certifying that they
- �J
have no objections to the proposed work.
3ttachments
In issuing this permit the State of North Carolina certifies that this project
( (� CU �� �C
is consistent with the North Carolina Coastal Management Program.
application fee

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS
GovERvoR
July 16, 2001
COUNTY: Carteret (16-01-22)
SUBJECT: Encroachment Contract --- Time Warner Cable
Bruce Sheldon
Construction Supervisor
Post Office Box 999
Newport, N.C. 28570
LYNDo TIPPETT
SECRET.-',RY
Attached hereto, for your files, is a copy of the Right of Way Encroachment Contract
which has been properly executed. This contract covers the following:
Installation of approximately 3200 linear feet of steel casing for fiber optic cable along
SR 1335 and under The Straits via directional bore as shown on attached drawings.
APPROVED SUBJECT TO:
(1) Notify the District Engineer's Office in New Bern [phone] prior
to beginning and upon completion of work.
(2) Workmanship and materials to conform to D.O.T. standards and
specifications.
(3) Contact the appropriate Utility Company(ies) involved and make
satisfactory arrangements to adjust the utilities in conflict with the
proposed work prior to construction.
(4) Any pavement or drainage structure disturbed or damaged shall be
restored to its original condition as directed by the District Engineer.
1� P.O. Box 1578 Greenville, N.C. 27835 Phone: [phone] Fax: [phone]

Time Warner Cable — Carteret (16-01-22)
Pale 2
(5) Traffic Control Devices shall be in accordance with the Manual on
Uniform Traffic Control Devices and amendments or supplements
thereto. Proper traffic control devices; signs, etc. shall be installed
to insure public safety.
(6) Trenching, bore pits, and/or other excavations shall not be left open
or unsafe overnight.
(7) Fill areas/backfill material to be thoroughly compacted to 95% original
density. All trenched material shall be compacted in maximum 6"
layers by mechanical tamp or other previously approved method of
compaction. Any material removed from the trench/pit that is
contaminated or unsuitable for backfill shall be disposed of off DOT
right of way.
(8) Dress, seed and mulch all disturbed areas. This operation to be
performed on a weekly basis.
(9) Proper temporary and permanent measures shall be used to control
erosion and sedimentation in accordance with all local, State and
Federal regulations.
(10) When surface areas in excess of one acre will be disturbed, the
Encroaching Party shall submit to the District Engineer a Sediment
and Erosion Control Plan which has been approved by the appropriate
regulatory agency or authority prior to beginning any work on the Right
of Way. Failure to provide this information shall be grounds for
suspension of operations.
(11) It shall be the responsibility of the encroaching party to remove all
temporary erosion control measures once a satisfactory vegetative
cover has been established.
(12) All roadway signs are to be replaced before the end of the same
work day.
(13) No open cut of pavement will be permitted for this installation,
(14) Remain 3 feet minimum or 1 foot distance per 1 foot depth from edge
of pavement whichever is greater for shoulder installations. Remain 5
feet minimum from edge of pavement to edge of bore pit.
(15) All concrete and asphalt driveways within NCDOT right-of-way shall
be crossed by dry bore methods. Any deviation shall be by written
permission of the affected property owner and shall be warranted
for 5 years to cover all damages resulting from the open cut.
1� P.O. Box 1578 Greenville, N.C. 27835 Phone: [phone] Fax: [phone]

Time Warner Cable — Carteret (16-01-22)
Page 3
(16) Boring operations will be installed by an approved method by the Department as
outlined in the manual "Policies and Procedures for Accommodating Utilities on
Highway Rights of Way" (January 1, 1975 — Revised April 1, 1993). If these
approved methods are not being used, the encroachment will be revoked. Any
other boring operation will be approved by the Department on a case by case
basis.
(17) Strict compliance with the Policies and Procedures for Accommodating
Utilities on Highway Rights of Way Manual shall be required.
,(18) In cases where less than minimum bury is necessary or where bores
are greater than 6", the fiber optic cable shall be protected with a casing.
(19) Splice boxes, pedestals, and other appurtenances shall be located at or beyond
the right of way so as not to interfere with maintenance activities.
(20) The Department of Transportation does not guarantee the right of way
on these roads, nor will it be responsible for any claim for damages
brought by any property owner by reason of the installation.
(21) Upon completion of the work, the utility owner shall submit an "as built"
set of plans to the District Engineer's Office which shall include accurate
information as to the horizontal distance to the facility from edge of main
travel way and general depth in relation to existing natural ground.
(22) No portion of the Right of Way shall be used for parking of equipment during
construction.
Sincerely,
C. E. Lassiter, Jr., P.E.
DIVISION ENGINEER
CEL, jr: rrf
Attachment
cc: Mr. J. B. Williamson, Jr., Manager of Right of Way
Mr. A. C. Everett, District Engineer
Mr. David Livingston, County Maintenance Engineer
File
U P.O. Box 1578 Greenville, N.C. 27835 Phone: [phone] Fax: [phone]

ROUTE J;f�.� PROJECT /1-'5ZL f" �/
DEPARTMENT OF TRANSPORTATION
-AND-
_ �'� C' %��y,�'.✓t'� C ��
STATE OF NORTARO�I NA
COUNTY OF
RIGHT OF WAY ENCROACHMENT AGREEMENT'
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the /2 day of
by and between the Department of Transportation, party of the first part; an �9--
"'� ���/ party of the second part,
W I T N E S S E T H:
THAT WHEREAS, the party of the second part desires to encroach on the right of way
of the publ i roag dey'gn ted as/Route T-F'is'3f' located
with the construct io�rl -and/or erection o
WHEREAS, it is to the material advantage of the party of the second part to effect
this encroachment, and the party of the first part in the exercise of authority conferred
upon it by statute, is willing to permit the encroachment within the limits of the right
of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the
party of the second part the right and privilege to make this encroachment as shown on
attached plan sheet (s), specifications and special provisions which are made a part
hereof upon the following conditions, to wit:
That the installation, operation, and maintenance of the above described facility will be accomplished in ac-
cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY
RIGHTS-OF-WAY, and such revisions and amendments there o as may e n e ec a e e o e agreemen n_
orma on as to these policies and procedures may be obtained from the Division Engineer or State Utility the party of the first part. g y Agent of
That the said party of the second part binds and obligates himself to install and maintain the encroaching
facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor
obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost
incurred for any repairs or maintenance to its roadways and structures necesaary due to the installation and ex -
re require
a of the f8cof the party of in the I the second part, and if at any time the party of the first part shall
ocathe
binds
tremoval of or dshimself, hissuccessorsnges and assigns, totion Promptlyhremove ore said calter ethethat saidtfacilities, inoorder tosecond
to the said requirement, without any cost to the party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper
signs nigral lights, flagmen and other warning devices for the protection of traffic in conformance with the latest
Manuai on Uniform Traffic Control Devices for .streets and Hi hwa a and Amendments or Supplements thereto, Infor-
ms on as oLite eve ru es an rogtr aliens May 013talned from the Division Engineer of the party of the first
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part
from all dnmdges and claims for damage that may arise by reason of the installation and maintenance of this en-
croachment.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance
to the oatisfaction of the Divis;.on Engineer of the party of the first part. The party of the second part <tgreea
to exercise every reasonable prec:autfon during constructionand maintenance to prevent eroding of soil; silting or
Pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property- or
Pollution of the air. There sha)l be compliancewith applicable rules and regulations of the North C u olina
Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordindnces and
regulations of various counties, muni•_ipnlities and other official agencies relating to pollution prevention and
control. When any installation or maintenarwe operation disturbs the ground surface and the existing ground cover,
the party of the second part agrees to remove and rel,lace the sod or otherwise reestablish the grace cover to meet
the satisfaction of the Division Engineer of the party of the first part.
That the party of the second pert agrees to the actual cost of any inspection of the work consioered to
be necessary by the; Division Engineer of the party of the first pert.
That the party of the second part agrees to have available at the construction site, at all times during con-
struction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the
first part reserves the right to atop all work unless evidence of approval can be chows.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the
Party of tale second part agrees to glue written notice to the Division Engineer of tha party of the first part
When all work contained herein has been co;..pleted. Unless speclfically rerniente i },. th., p rty ,f tt,a rst art,
written notice r,f ccmnlc•t r. _ •_• .• r,,�1 a uysur conatructlon will not be required. Y
hat in
ase of
ith
he
of the first pahrtcreservesothemrlghtctowatoptalltwork_ untils of ithe-facilityreement biashbeeenrty of broughthintoccompliancetor petty
moved from the right of way at no cost to the party of the first part.
Tiwt it io uyreeu ;,y Loth o11tiea that this agreemrnt B"'! Lecol" vo;d if netual construction of tied work
contumpiateu nerein rs not negun wltnrn one (1) year rrom the aate or authorization by the party oz the rizet part
unless written waiver is secured by the party. of ttie second part from the party of the first part.
During the performance of thin contract, the second party, for itself, its assignees and successors in interest
(hereinafter referred to as the ^contractor"), agree6 as follows:
e. Com>].iance with Pc• dations: The contractor shall comply with the Regulations relative to nondlscrimin-
a ion in e er�Zq-.,:,sin a r,rogr;,r.s ct t} -.e U. Department of Transportdtion, Title 49, Code of Federal
Ruyulatic Part 21, as they may Le amended from time to time, (hereinafter reterred to as the Regula-
tions), which are herein incorporated ),y reference and made a part of this contract.
FORM R/W 16.1 (Rev. July 1, 1977)

cusczi—ActEe on Lite gzuuttus Lir zcce, color, or national origin in the selection and retention of subcon-
tractors, including procurements of materials and leases of equipment. The contractor shall not partici-
pate either directly or indirectly in the discrimination prohibited by Section 21,5 of the Regulations,
including employment practices when the contract covers a progrcm set forth in Appendix B of the Regulations.
c. Solicitations for Subcontracts Includin Procurements of Materials and E i menta In all solicitations
e er y comps i ive i ung or nego is on ma e y e con roc or or aor o e
contract, including procurements of materials or leases of equipment, each Performed under o ettb-
supplier shall be notified by the contractor of the contractr'oblgationsounder athis contractoand rthe
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Resorts: The rnntractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Deva: tment of Transportatirn or the Federal Highway Administration to be pertinent to ascertain compliance
with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal
Highway Administration as appro;,riate, and shall set forth what efforts it has made to obtain the information.
e. Sanctions for Noncom I'ance: Ir the event of the contractor's noncompliance with the nondiscrimination provisions of this contract
the Dep>rtment o Transportatitn ;hall impose such contract sanctions as it or the federal Highway Administration may determine to
be appropriate, including, but riot limited to,
(;) withholding of payments to the contractor under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
f. Inc_ orporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f" In every subcontract,
including procurements o materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation
or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that, in the event a contractor becotras involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the conractor may request the Department of Transportation to enter into such litigation to
protect the interests of the State, and, in addition, the contractor may request the United States to enter Into such litigation
to protect the Interests of the United States.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to
be executed in the day and year first above written.
ATTEST OR WITNESS:
J
DEPARTMENT OF TRA SPORTATION
BY: a
DIVISION ENGINEER
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate sea; amd be attested by the
corporation secretary or by the empowered city official, unless a waiver or corporate seal and attestation by the secretary
or by the empowered City off lclaI Is on fl le In he Raleigh office of the Manager of Right of Way. In the space provided In
this agreement for execution, the name of the corporation or municipality shall be typed above the name and title of all
persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, In the form of an attachment, by plans or drawings showing the following applicable
information:
I. All roadways and ramps
2. Right of way Imes and where applicable, the control of access Imes
3. Location of the existing and/or proposed encroachment
4. Length, size and type of encroachment
5. Method of Installation
6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, structures, etc.
1. Location by highway survey station number. If station number cannot be obtained, location should be shown by dis-
distance from some Identifiable point, such as a bridge, road, Intersection, etc. (To assist in preparation of the
encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the
Raleigh office,)
8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroach-
ment to nearest part of structure)
9. Method of attachment to drainage structures or bridges.
10. Manhole design
H. On underground ut!lir!�s t dept.': of bury code, ali traveled lanes, shoulders, ditches, sidewalks, etc.
12. Length, size and type of encasement where required.
13. On underground crossings, notation a5 to method of crossing - boring and jacking, open cut, etc.
14. Location of vents
GENERAL REQUIREMENTS
Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design In Raleigh
prior to submission of encroachment agreement to the Division Engineer.
All crossings should be as near as possible normal to the centerline of the highway.
Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out In
the National Electric Safety Code.
Encasements shall extend from ditch line to ditch line In cut sections and 5' beyond toe of slopes In fill sections.
All vents should be extended to the right of way line or as otherwise required by the Department.
All pipe encasements as to material and strength shall meet the standards and specifications of the Department.
Any special provisions or specifications as to the performance of the work or the method of construction that may
be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that
such Information cannot be shown on plans or drawings.
The Department's Division Engineer should be given notice by the applicant prior to actual starting of Installation
included in this agreement.

SPECIAL PROVISIONS
ATTACEMENT 92
Untrenched Coristruction
Under no conditions shall jetting or wet boring, with «iter, of utili". pipelines or encasement; under pavements be alloyed.
Boring and lacking
Smooth wall or spiral %veld steel pipe may by jacked through dr,; bores slightly lamer than the pipe bored progressively ahead of the
leading Mdse of the advancing pipe as spoil is mucled by [he auger back through the pipe. As the dr,,,boring oeeracion progresses, each
new section of the encasement pipe shall be butt -welded to the section previouslyjacked into place. Encas
line to ditch line in cut sections, S beyond the roe oi-slopes in fill sections. and;' behind curb sections. ements shall extend iiom disci
;' Beyond Toe of Fill Slope
'rC r
"n c a s em. ens Pipe
Center of Ditch
Carrier Pipe
If voids are encO:.-e-ed or occur 0 [sine Ch,
c'nCaSe ^e^[ DI^�. ZMUZ e101eS hall be
ins.-
foot ce...-rs and the vo1C5 Riled tylth 1:3 p In Ce^ enC JrOI;C aI =-: `� to the r0. ;eCtton Or :he e.n.Caseme^r n;Le at iU
or.�n _ C;'^,t pressure to preve.^,C SeElleIt-1lent to the roadwa':.
In the _'.'C.^.0 an 0 =t: 1: i! is encour:[er,'d durinv rhe bor:ng a ;a '
CLC Ort'Ca^peg. .^G :il!el ':L'ir p - _ :`� j C :: operation the auszer -`"'I ` , exec
h 1. or:la nr is ro be :yi.,, ra`.: a^ the ;s is to '
n; ceme . _-,out at �` be
pressure to hll all golds before moving anocher _ -
Size Cr—' %va"! 1iCk:i eSs 0" SiT,00[h wail or spina! :el"...-
^:Ca e.,.e:,. ! rot: borl:^.o and jack:.^._
P;pe Sizes (O. D.
16" - n4..
�3.
1S3
NIateria!s. joints, protecti% e coating. Qrou[in-z. wall thickness ofcar ler pipe. welds, and can`todic protection shat( in accor:a^ce :`; ith
applicable ir,du;t or go`:er mental codes. as well as t` e specifications or :he Dzpa,, Hent of Transporation.
Cas;n2 pipe shall be sea!ed at the ends to prevent and _.ebrls f-om entering Che annular space be^.veen the casln
car2
carrier.-
The grade ofthe rop o`Me pipe or casing tivithin righ[s ofwav should provide minimum bury as follows:
A. Longicudina! installations ........................................ ,.
B. Crossings under Roadways ................................... 3' (Below Travel Surface)
C. Crossings Under Ditches (Paved & Unpaved)... ?
Pipelines ca„yin2 `iammable. corrosive. expansive, energized or unstable r-ansmittants must comply with State. Federal and
Codes. It'. no case. shall the depth of bury be less than as indicated a�ove.
Directional Bore — Directional methods have not been given statewide approval for use on
NCDOT right of way. Under no condition shall jetting alone or wet boring with water of
utility pipelines be allowed. A cutter head shall be used on the tip of the drill string.
Directional boring using jetting with Bentonite slurry is approved for the creek crossings
at a 5' minimum depth below the stream bed and a 5' horizontal clearance from the
nearest part of an structure
J , wingwall, footing or pipe culvert.

CRISER & TROUTMAN
Ad CONSULTING ENGINEERS
11mw- 3809 F ELn m u AVENUE, SURT 102
WILMINGTON, NORM CAROLINA 28403
(91 D) 397-2929 FAx [phone]
COs NMF-- TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
3ESCRIPTION:
DIRECTIONAL BORE CABLE CROSSING
El

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CRISER& TROUTMAN
CONSULTING ENGINEERS
.." 3809 PEACHMEE AvcNuE. Sun 102
WILMINGTON, %RM CAROLINA 28403
[phone] FAx [phone]
FOR PROFILE SEE
SHEET 5
1. ALL ELEVATIONS ARE BASED ON NGVD 29 DATUM.
2. NO BOUNDARY SURVEY WAS PERFORMED AT THIS TIME.
NORTH IS ASSUMED ON THIS DRAWING.
JOB N""E- TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIPTION:
DIRECTIONAL BORE CABLE CROSSING
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CRISER & TROUTMAN
CONSULTING ENGINEERS
3609 PEACHTREE AVENUE; SUITE 102
WILMINGTON, NOrrtH CAROLINA 28403
[phone] FAx [phone]
ELAN
SCALE: 1"=l 00'
,013 MME TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
FOR PROFILE SEE
SHEET 6
DESCMFMON:
DIRECTIONAL BORE CABLE CROSSING
DESIGN:
DR8 5 1 Ot
DRAW -N JOB NO
C1J0 5010
SHEET:
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LICRISER& TROUTMAN
KCONSULTING ENGINEERS
3809 PFAWMEE AVENUE; SUfTE 102
lqww=--o WILMINGTON, NORTH CAROLINA 28403
— [phone] FAx [phone]
FOR PROFILE SEE
SHEET 7
JOB KWF-- TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIPTION:
I DIRECTIONAL BORE CABLE CROSSING
' DESIGN:
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LICRISER& TROUTMAN
KCONSULTING ENGINEERS
3809 PFAWMEE AVENUE; SUfTE 102
lqww=--o WILMINGTON, NORTH CAROLINA 28403
— [phone] FAx [phone]
FOR PROFILE SEE
SHEET 7
JOB KWF-- TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIPTION:
I DIRECTIONAL BORE CABLE CROSSING
' DESIGN:
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CRISER & TROUTMAN
CONSULTING ENGINEERS
3809 PEAcKmEE A 'NUE; SurrE 102
WILUINGTON, NbRni ',AROUNA 28403
[phone] - kx [phone]
ASSUMED NORTH
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SCALE: 1"=100'
JOB MME: TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIPWN:
I DIRECTIONAL BORE CABLE CROSSING
DESIGN.-
--
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4
"Ad �
■■■■■■■■.-
■■■■.-
CRISER & TROUTMAN CONSULTING ENGINEERS
DENR, Morehead City Regional Office u u MAY 1 11 ZOO'
151-B Hwy. 24, Hestron Plaza II
Morehead City, NC 28557 COASTALMMAGEM
Attn: Tere Barrett
Ref Time Warner Directional Bore
Harkers Isle, NC
Dear Ms. Barrett,
jime Warner Cable wants to install a 5" cable across the sound from the mainland to
Har elf rs Island. It will be by directional bore and be located 20 feet deep when it crosses under
fige main channel. The put in point will be on the island side, above the high water line and in the
ht of way for NC DOT. The take out point is on the mainland side approximately 20 feet from
thigh water line. It is not in the marsh grasses at either point.
Enclosed are two copies of the application and the check for $100.00.
Sincerely,
Don Butler, P E
QrJv l
V A
� �t5
5010
P.O. BOX 3727 • 3809 PEACHTREE AVENUE, SUITE 102 • WILMINGTON, N.C. 28406 • [phone] • FAX [phone]

Form DCM-MP-1
APPLICATION, u MAY 14 2001
COASTAL MANAGEMENT
(To be completed by all applicants) MOREHEAD
b. City, town, community or landmark
1 APPLICANT L��r�<��s /s'/•� ,�
a. Landowner: /
Name M e W ?FrN or �Nffr�A: NPP/
Address Pd LK '2 q
City Al p Gt" State 4/ G
Zip2,?s 70 Day Phone �S2-.ZZ3-3i2�
Fax
b. Authorized Agent:
Name
Address
City
Zip Day Phone
Fax _
State
c. Project name (if any) l //iv e �Jll! P,- -
rA U, Crosc�vo(- ltf?t�erc /S /If Nd
NOTE: Permit will be issued in Pane of landowmer(i), and/or
project Pomo.
2. LOCATION OF PROPOSED
PROJECT
a. County —CA r ei eT
Revised 03195
c. Street address or secondary road number
SSS /�3
d. Is proposed work within city limits or planning
jurisdiction? Yes _' No
e. Name of body of waterest project (e. river,
creek, sound, bay) T� / " -
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
N rte-„
/ /o,r
b. Is the proposed activity maintenance f an existing
project, new work, or both?
c. Will the project be for public private or commercial
use? COM MP0';A l
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
2 0 �X /O K 8
P /7t1� ✓C (Ac..t/A 7oRt
Pa / /

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract .00414 RcYla x
b. Size of individual lot(s) tl A
c. Approximate elevation of tract above MHW or
NWL !T
d. Soil type(s) and texture(s) of tract
BridIled sloje-
e. Vegetation on tract W eed c - A 4h_ L/e .
4lt,% rA c
f. Man-made features now on tract Er : de, P_
r rocS1 Aq
g. What is the CAMA Lancs Use Plan land
classification of the site? (consuir the Coca kwd we p1m.)
Conservation Transitional
✓ Developed Community
Rural Other
h. How is the tract zoned by local government?
k/A
i. Is the proposed roject consistent with the applicable
zoning? Yes No
(Attach Loring co-lD i—-rrificate, if apphcable)
j. Has a professional archaeological assessment
done for the tract? Yes No ^/ A
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ✓ No
1. Are there wetlands on the site? Zyes —No
Coastal (marsh) ✓ Other «
If yes, has a delineation been conducted? n/ D
(Attach &cwwntation, if available)
H w L A ms 6,eo ,4",,)
RevWd 03195
MAY 1 2001
COASTAL MANAGEMENT
m. Describe existing wastewateatrient facilities.
n.. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industriallcommercial effluent, "wash
down" and residential discharges.)
NR
o. Describe existing drinking water supply source.
At
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims tide, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an & 112' by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name N C �)a r
Address
Phone
Name ll1 C 2),n/.
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
AJ
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03/95
MAY 14 2001
s
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. 'Ile project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the �day of
Print Names
Signature
Ursdo*wr or Axthorka Agew
Please indicate attachments pertaining to your proposed
project.
_ DCM MP -2
Excavation and Fill Information
— DCM MP -3
Upland Development
_ DCM MP4
Structures Information
_ DCM MP -5
Bridges and Culverts
DCM MP -6
Marina Development
NOTE: Please sign and date each attachment In the
space provided at the bottom of each form.

CRISER & TROUTM[AN CONSULTING ENGINEERS
POST OFFICE sox 3727 13809 PEACHTREE AvENUE j WILMINGTON, NC 28406
(990) 3972929 FAX [phone]
MEMORANDU
BATE: 7/10/01
TO: Tere Barrett
FROM: Don Butler
SUBJECT: Time Warner Cable Crossing-Harkers Island
Tere,
Enclosed are the certified receipts for the notification at Harkers Island. The fee was submitted earlier.
Time Warner has obtained an encroachment agreement from NC DOT and they will forward you a copy. The
USA COE has issued their permit. The state property office has this project on the Agenda for August 7. If you
need more data, please contact us.
cc ,Joe Green

June 7, 2001
Lawrence Baldwin
Hollis Batson
137 Stoneybrook Rd.
Wilmington, NC 28411
Ref, Time Warner Cable Crossing
Gentlemen;
JUL 11 2001
Time Warner Cable wants to install a fiber optic cable from the mainland side to Harkers
Island. It will start in the NC Department of Transportation right-of-way on the mainland
side and come up in the NC Department of Transportation right-of-way on the island side
and will be buried twenty feet below the bay bottom. We are obtaining all the required
permits. The Division of Coastal Management requires that the adjacent property owners
:_.__ ...:_._ proposed
be notified of the project. We have enclosed a sit �� u.�,...,,�o� ,.����.,.o �.•�
location. if you have any objections, a self addressed stamped envelope is included for
your reply.
Sincerely,
Don Butler
cc Joe Green

Kk
CRISER & TROUTMAN CONSULTING ENGINEERS
■ ums -
June 18, 2001
Lawrence Baldwin
Hollis Batson
137 Stoneybrook Rd,
Wilmington, NC 28411
Ref: Time Warner Cable Crossing
Gentlemen;
We were able to obtain a copy of the property map that you referred to in your letter of
June 8, 2001. You are correct in that your property starts about 300 feet south of the end
of the bridge. The insertion point of the proposed cable is 208 feet from the end of the
bridge which is outside of your property and on the property stated "Now or Formerly
N.C.D.O.T. Marsh and Spoils" on your property map. The cable will be bored toward the
mainland. The project ends before it gets to your property, therefore your property lines
are not shown on the drawing. We have copied a portion of the map of your property and
indicated the point on the NC DOT property in which the cable will be installed.
If this installation meets with your approval, it would be appreciated if you could drop us
a letter to that effect. If you need more data, please contact us.
Sincerely,
1��
Don Butler
cc Joe Green
P.O. BOX 3727 • 3809 PEACHTREE AVENUE, SUITE 102 • WILMINGTON, N.C. 28406 • [phone] • FAX [phone]

"PUT -IN" POINT - EXCAVATE
APPROXIMATELY 10' X 20' X 8'
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JUN 0 6 2001
6 CIOP.STAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAVTR`FORM
Name of Individual Applying for Permit: Time Warner Cable
Address of Property: The Straits between the mainland and Harkers Island
I hereby certify that I own property adjacent to the above referenced property. The
individual applying for this permit has described to me as shown on the attached drawing
the development they are proposing. A description or drawing, with dimensions was
provided with this letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, Morehead City Regional Office, 151-B Hwy. 24, Hestron Plaza, Morehead
City, NC, 28557, or call 252-808-2808. No response is considered the same as no
objection if you have been notified by Certified Mail.
An self addressed stamped envelop has been enclosed for your reply.

Jun -04-01 01:44P Criser & Troutman 910-397-2971
CRISER & TROUTMAN CONSULTING ENGINEERS
POST OFFICE Box 3727 13809 PEACHTREE AVENUE I O M1NaTON, NC 28406
[phone] FAx [phone]
Date: 06/04101
To: Tere Barrett
From: Don Butler
Ref: Time Warner Cable crossing
Fax #: [phone]
Tere,
0 Page(s) Follow
C&T Project No.: 5010
We called NC DOT and the four names they gave us at the bridge to Harkers are,-
Eric
re:
Eric Flannagan in Henderson, NC
Elaine Jones in Kensington, MD
Fannie Watson in Cary, NC
HTB Assoc in Wilson, NC
We have sent certified mai) to them.
Also, the NC Property control said they have to have a copy of the CAiMA permit before they issue their
approval.
I

Aug -14-01 01:59P Criser & Troutman 910-397-2971 P.01
CRISER & TROUTMAN CONSULTING ENGINEERS
POST OFFICE SOX 3777 13809 PEACHTREE AVENUE I WILMINGTON, NC 28408
[phone] FAX [phone]
Date: 08//14101
To: Tere Barrett
From: Don Butler
Ref: Time Warner Cable crossing-Bakldwin
Fax #: [phone]
Tere,
0 Page(s) Follow
C&T Project No.: 5010
Mr. Baldwin sent us a copy of the letter that was sent to Ms. Moffitt, It lodged his formal objection and appeal.
What is the next step? A copy was sent to your office.
cc Joe Green 252-223-3208

.Jd �
K now
June 1, 2001
CRISER & TROUTMAN CONSULTING ENGINEERS
Mr. Eric Flannigan In
115 Young St.
Henderson, NC 27536 JUL 11 2001
Ref: Time Warner Cable Crossing
Dear Mr. Flannigan,
Time Warner Cable wants to install a fiber optic cable from the mainland side to Harkers
Island. It will start in the NC Department of Transportation right-of-way on the mainland
side and come up in the NC Department of Transportation right-of-way on the island side
and will be buried twenty feet below the bay bottom. We are obtaining all the required
permits. The Division of Coastal Management requires that the adjacent property owners
be notified of the project. We have enclosed a set of drawings showing the proposed
location. If you have any objections, a self addressed stamped envelope is included for
your reply.
Sincerely,
Don Butler
cc Joe Green
v�
1 I / X11 �C�J f
r _ , - r -7L---,: /;
P.O. Box 3727 • 3809 PEACHTREE AVENUE, SUITE 102 • WILMINGTON, N.C. 28406 • (91 J) 397-2929 • FAX [phone]

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NOTES:
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CRISER & TROUTMAN
CONSULTING ENGINEERS
�
H 3809 PEACHTREE AVENUE, SURE 102
�41WIIAIINGTON, WHIII CAROUNA 28403
�[phone] FAx [phone]
FOR PROFILE SEE
SHEET 5
1. ALL ELEVATIONS ARE BASED ON NGVD 29 DATUM.
2. NO BOUNDARY SURVEY WAS PERFORMED AT THIS
NORTH IS ASSUMED ON THIS DRAWING.
JOB N"YE: TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIPTION:
DIRECTIONAL BORE CABLE CROSSING
nESICH: rE
DRB 5 1 01
DRA1�N: J08 N
CYC/5010
SHEET:
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CRISER & TROUTMAN
CONSULTING ENGINEERS
,,dJ6, 3909 PEA iTREE AVENUE. SUITE 102
WILMINGTON, NORTH CAROLINA 28403
[phone] FAX [phone]
.PLAN
SCALE: 1"=100'
JOB MUE TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
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DESCRIPTION:
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CRISER & TROUTMAN
CONSULTING ENGINEERS
,,dJ6, 3909 PEA iTREE AVENUE. SUITE 102
WILMINGTON, NORTH CAROLINA 28403
[phone] FAX [phone]
.PLAN
SCALE: 1"=100'
JOB MUE TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
FOR PROFILE S'
SHEET 6'
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DESCRIPTION:
DIRECTIONAL BORE CABLE CROSSING
DESIGN:
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�& CRISER & TPOUTMAN
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nw, 3809 PEAofrREE AVENUE, SUITE 102
qwo"—e WiLUMIGN, mvi CARouto, 28403
Npm �b(910) 397-2929 FAx [phone]
0
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FOR PROFILE SEE
SHEET 7
JOB f"F- TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIPTION:
DIRECTIONAL BORE CABLE CROSSING
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3809 PEAOHTREE AVENUE, SUriE 102
WILMINGTON, NDRTH CAROLINA' 28403
[phone] FAx [phone]
PLAN
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SHEET 8
SCALE: 1"=100'
JOB NAME TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
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CRISER & TROUTMAN
CONSULTING ENGINEERS
r•r.���r 3809 PEACTrma AVENUE, SurTE 1 D2
WILMINGTON, WRT11 CAROUNA. 28403
[phone] FAx [phone]
PROFILE
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FOR PLAN SEE
SHEET 1
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JOB W1NE TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIMN:
DIRECTIONAL BORE CABLE CROSSING
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PROFILE
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CRISER& TROUTMAN
CONSULTING ENGINEERS
3809 PEAQITREE AVENUE, SURE 102
W1LMINGTON, NORTHNORTHCAROLINA - 28403
(910), 397-2929 FAx [phone]
20+00 21+00 22+00
FOR PLAN SEE
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HORIZ.: 1"=100'
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CRISER& TROUTMAN
CONSULTING ENGINEERS
3809 PEAQITREE AVENUE, SURE 102
W1LMINGTON, NORTHNORTHCAROLINA - 28403
(910), 397-2929 FAx [phone]
20+00 21+00 22+00
FOR PLAN SEE
SHEET 2 kz
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JOB MMF-- TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCMPMN:
DIRECTIONAL BORE CABLE CROSSING
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FOR PLAN SEE
SHEET 3
CRISER & TROUTMAN
ICONSULTING ENGINEERS
3808 PEACHTREE AVENUE, SURE 102
WRNINOTON, NORTH CAROLINA 28403
(9 10) 397-2929 `Ax [phone]
PROFILE
HORIZ.: 1 "=100'
VERTICAL: 1"=10'
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3 INNERDUCTS FOR
FIBER OPTIC CABLE m
ti
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JOB NIWE TIME WARNER CABLE
HARKERS ISLAND, NORTH CAROLINA
DESCRIPTION:
DIRECTIONAL BORE CABLE CROSSING
15+00
GN: TE:
u pRe 5 1 01
r" --N
CidC 5010
SHEET:
7

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PROFILE 8(
FOR PLAN 5EEHORIZ.: 1"=100' KDf A
SHEET 4 VERTICAL: 1"=10' or
-
VERTICAL:
NAME
CRISER & TROUTMAN
CONSULTING ENGINEERS
'nip. 3809 PH EE AVENUE, SUITE 102 RIPIION:
_r
WILMINGTON, P40KTN CAROLINA. 28403
[phone] FAx [phone]
TIME WARNER CABLE m� �o B
HARKERS ISLAND, NORTH CAROLINA - °R" _1OB "
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SHEEP:
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\1 MHNI:1" clitNlat.\I-
NIENIORANDUNI
Sti'Ite Ot North ('im litm
l)(•I)ilrlriwiit OI.ltltiti(v
P. (). lips 622
RM-1:1(il 1
2760 2-0629
TO: Eugene Tomlinson, C.'hairman, C'RC
Donna Mot'titt, DCVI, Raicigh
Charles Jones, DCM, Morehead City
Ted Tyndall, DCM, Morehead City
Terre Barrett, DCM, Morehead City
lZyke Longest, DOJ
FROM: David I -lector D�
DATE: August 24, 2001
Reply lo:
W% ul l i. I lecier
I'.m irunmental I)i%i,um
710-(.,).i4
dlx,cierra mad ILI, ,l:uc nr il,
I
3 1 2001
RE: Third Party Hearing Request by Lawrence Baldwin and Hollis Batson, Carteret
County
Lawrence Baldwin and Hollis Batson seeks permission to challenge a LAMA permit
issued to Time Warner Cable for a cable crossing near Harker's Island bridge. They allege that
the crossing is outside the Department of Transportation's right-of-way and within their zone of
riparian access. A copy oftheir hearing request is attached.
I need a copy of the permit application, site drawings, CAMA permit, and anything else
you believe will be helpful. In addition, I need the Division's comments on their hearing request.
Chairman Tomlinson will have to make a decision by September 5. Please provide me with these
materials and your comments by August 30 to avoid any conflict with the upcoming holiday.
EP50003

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
22 August 2001 i u
2'
Mr. Don Butler
A;; * 3 2001
Time —Warner Cable
3809 Peachtree Avenue COASTAL f,riA,1 a -EMENT
Mo', '-irA.>
Suite 102
Wilmington, NC 28406
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Suspension of Work / Appeal of CAMA Permit Decision
Dear Mr. Butler:
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received a request
for an administrative hearing to challenge CAMA Permit 28152-C. The Third Party Hearing Request
was filed on behalf of petitioner on August 21, 2001. Under N.C.G.S. § 113A-121.1 (the Coastal Area
Management Act), your CAMA permit is automatically suspended upon receipt of a hearing request and
will remain 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. You
may not undertake any development under the permit decision until further notice after Chairman
Tomlinson issues his decision.
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 September 5, 2001. 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 as soon as possible.
Sincerely,
Donna D. Moffitt
cc: Chairman Gene Tomlinson
Ryke Longest
Jessica Gill
Dave Heeter
Merrie Jo Alcoke
Tere Barrett
Ted Tyndall
Charles S. Jones
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

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'NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET):
CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE:io
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If COUNTY OF CARTERET CMT 2001-10
OF
-IN THE MATTER OF THE THIRD) RECOMMENDATION OF THE
PARTY HEARING REQUEST BY DIVISION OF COASTAL MANAGEMENT
:LA —NCE Md. DWIN AND )
-Alp -
•<. _ -
y ;:. STATE OF NORTH CAROLINA
BEFORE THE CHAIRMAN
p a:.:' ••
COASTAL RESOURCES COMMISSION
If COUNTY OF CARTERET CMT 2001-10
21.1(b) provides that the determination as to whether a hearing is appropriate should be based upon
-IN THE MATTER OF THE THIRD) RECOMMENDATION OF THE
PARTY HEARING REQUEST BY DIVISION OF COASTAL MANAGEMENT
:LA —NCE Md. DWIN AND )
'1'IOLLIS-BATSON )
x
2. Is directly affected by the decision; and
=-N
�..' I. BACKGROUND
t.
3. Has alleged facts or made legal arguments that demonstrate that the hearing
Pursuant to G.S. §113A -121.1(b), Lawrence Baldwin and Hollis Batson have filed a third
request is not frivolous.
JY;
party hearing request with the Coastal Resources Commission. They seek permission to challenge
'
`
m : '�the issuance of Coastal Area Management Act General Permit No- 28152-C by the Division of
Coastal Management. Permit No. 28152-C was issued to Time Warner Entertainment Company
' - to install an underwater fiber optical cable from the mainland to Harkers Island.
�'.
Under the Coastal Area Management Act (CAMA), a third party may file a contested case
Bearing petition to challenge the issuance of a CAMA permit only if the Coastal Resources
``.Commission (CRC) first determines that a contested case hearing is appropriate. G.S. §I13A-
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21.1(b) provides that the determination as to whether a hearing is appropriate should be based upon
Y==�.a consideration of whether the Petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
x
2. Is directly affected by the decision; and
=-N
3. Has alleged facts or made legal arguments that demonstrate that the hearing
request is not frivolous.
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'
`
The CRC has delegated the authority to its Chairman to determine whether a third party
hearing request should be granted or denied. Rule 15A NCAC 7,1 .0301(b), A third party whose
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2
request is granted may file a contested case hearing petition with the Office of
Hearings. G. S. § 113A -121(b). A third party whose request is denied may seek
review. Id. The Division of Coastal Management (DCM) recommends denying the hearing
Lawrence Baldwin and Hollis Batson.
11. FACTS
" " A. The Petitioners owri a piece of property on Harkers Island with water frontage on the
-called Straits between the mainland and .Markers Island.
B. The N.C. Department of Transportation (DOT) has a right-of-way for NC Highway
='1335 and the bridgd)to Barkers Island.
C. The Petitioners' property abuts the east side of the right-of-way for the highway and
- L
dge approach. a�`�
�:�,,,.''��' • ':a'
D. The Petitioners' property comer is located about 300' from the bridge.
�ry E. Time Warner Entertainment Company sought a C AMA general permit to install a5
fiber optic cable running under the Straits from the mainland to Harkers Island. (Attachment A is
location map showing the crossing site which is hereby incorporated by reference.)
F. The cable would be installed by directional boring and would be located some 20 feet
` below the bottom under the main channel.
G. The put in point for the cable wguld be located above the high water line and within.
the DOT right-of-way about 208 hof theVridge. (Attachment B is a copy of two sheets from the
r....
lan showing the put in point which sheets are hereby incorporated by reference.)
H. A 10' wide by 20' long by 8' deep pit would be dug on the shoreline befoze boring
horizontally under the waterbody to run the cable to Harkers Island.
20'd 60: OT I0. 6Z End Z9z9-9tiZ-6%: Xe �d1N3WN0K_A, N, 3
M

is a copy of the Encroachment Agreement between the DOT and Time Warner Entertainment
EYU%ri`
°M. hich ishereby incorporated by reference.)
w
J. Time Warner Cable notified the Petitioners of the proposed project.
I. The Petitioners objected saying that the put in point for the cable would be on their
' property because DOT's right-of-way is only 60 feet wide, not 100 feet wide, as shown on the plan
for the project. (Attachment D is a copy of the Petitioners' objection which is incorporated herein
by reference.)
3
a�
T. Time Warner Cable obtained an encroachment agreement from the Department of
.n
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".., ,I, .'i+�'
K. After receiving assurances from the DOT that the project was located within the
-.
'transportation dated July 16, 2001, to locate the cable within the highway right-of-way- (Attachment
is a copy of the Encroachment Agreement between the DOT and Time Warner Entertainment
EYU%ri`
°M. hich ishereby incorporated by reference.)
w
J. Time Warner Cable notified the Petitioners of the proposed project.
I. The Petitioners objected saying that the put in point for the cable would be on their
' property because DOT's right-of-way is only 60 feet wide, not 100 feet wide, as shown on the plan
for the project. (Attachment D is a copy of the Petitioners' objection which is incorporated herein
by reference.)
J. They also contended that the cable would interfere with their "riparian and littoral
z",.. L'''ip: ':.• ..
".., ,I, .'i+�'
K. After receiving assurances from the DOT that the project was located within the
-.
;;� ghway right-of-way, the DCM issued CAMA General Permit No. 28152-C to Time Warner on
a.
Just,,.. :• ;
nt E is a co of LAMA General Permit No. 28152-C which is
August 1, 2001. (Attachment copy
i in reference.
.. ;•. ,- incorporated here by )
„Yw�.,
L. In a letter dated August 6, 2001, Ted Tyndall, DCM's District Manager, Morehead
k City, sought to address the Petitioners' objections but mistakenly referred to the encroachment
.µ..= agreement as a right-of-way agreement.(Attachment F is a copy of the letter from Ted Tyndall to the
Petitioners dated August 6, 2001, which is incorporated herein by reference.)
icy
y.
M. The Petitioners sought to challenge the issuance of CAMA General permit No.
28152-C by attempting to file a third party hearing request With the Coastal Resources Commission
August 10, 2001. (Attachment G is a copy of the Petitioners incomplete hearing request which
874 7d
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4
incorporated herein by reference.)
N. The DCM verbally informed them that their attempted hearing request was
c 11 lete and needed to be submitted on the proper form.
Mp
-
O. The Petitioners then filed a hearing request with the Commission on August 21, 2001.
Their request was on the correct form but was filed 21 days after the permit decision. (Attachment
H iS a copy of the Petitioners' second hearing request which is incorporated herein by reference.)
III. DCMIS RECOMMENDATION
A. Have The Petitioners Alleged That The Decision Is Contrary To A Statute Or
Rule.
No. The Petitioners have not cited any statute or rule which was violated by the
it
'issuanceof CAMA General Permit No- 28152-C.
B. Are The Petitioners Directly Affected By The Permit Decision?
Yes. The Petitioners own riparian property adjacent to the put in point for the cable.
their property also abuts the highway right-of-way within which the cable will be located.
41,
C Have The.PetitionersDemonstrated That Their Hearing Request Is Not Frivolous?
No. for the following reasons, the Petitioners have failed to demonstrate that their
hearing. -request is not frivolous:
'14:
1. The Petitioners contend that their real property rights will be violated because the
hi hway right-of-way within which the cable will be located is only 60' wide, not 100' wide as
9
shown on the project plan. The disputed width of the highway right-of-way is a real property
issue for resolution by the General Court of Justice, not the Division of Coastal Management or
the Coastal Resources Commission. In addition, the Petitioners have raised this allegation
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s' #'without any supporting evidence. Finally, the Division of Coastal Management received
<:4.assuraz�ces from the DOT in response to the Petitioners' objection that the right-of-way is 100'
M:'
2. The Petitioners also contend that their riparian/littoral rights will be violated by
- o;;,Ahe underwater cable crossing- As the owners of riparian property, they have a right of access to
a
navigable water. They also have the same rights as members of the public to operate a boat,
,,gather shellfish, set pound nets, etc., in the waters and bottorn in front of their property. The
b' e•
Petitioners
have made no showing that any of these rights will be affected by a cable entering the
ground above the high water line and then running underneath the bottom to Harkers Island.
`
1`` T
D. Was The Petitioners' Hearing Request Timely Filed?
'
No. The Petitioners' hearing request was not filed with the CRC within 20 days of the
_;permit decision, and this alone is sufficient to support a denial of their hearing request.
IV. CONCLUSION
;
''.
For the reasons given above, the Petitioners' hearing request should be denied.
At
This the day of August, 2001.
FOR THE DIVISION OF
COASTAL MANAGEMENT
t-
David G. Heeter„
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
-
'?t :
[phone]
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0
2
CERTIFICATE OF SERVI
1
P50055
T
David G. Heeter
Assistant Attorney General
N.C, Department of Justice
P.O. Box 629
Raleigh, NC 27602.0629
[phone]
ZO'd TT:OT To, 6z 6nu 66-9TZ-6T6:xP3
�UiN3WNOKAN3
This is to certify that I have caused a copy of the foregoing Recommendation Of The
"Division of Coastal Management to be served upon the Petitioners by depositing a copy thereof in
-the U.S. Postal Service with sufficient postage for delivery by first class mail and addressed to:
�j
Lawrence F. Baldwin
Hollis L. Batson
137 Stoneybrook Rd.
Wilmington, NC 28411
This the day of August, 2 00 1.
1
P50055
T
David G. Heeter
Assistant Attorney General
N.C, Department of Justice
P.O. Box 629
Raleigh, NC 27602.0629
[phone]
ZO'd TT:OT To, 6z 6nu 66-9TZ-6T6:xP3
�UiN3WNOKAN3

-13 '
MONITORING & COMPLETION REPORT
[CAMA Major Development & State Dredge & Fill Permits]
PERMITTEE' S NAME: PERMIT #
LOCATION:
FIELD REP.
PHONE: DATE REPORTEDLY COMPLETE: (�
DATE OF INSPECTION 0
1) Do th easured dimensions of the development differ from those indicated in the permit and workplat?
YES NO [circle one].
COMMENT:
2) SEDIMENTATI EROSION CONTROL: Has Permittee seeded, grassed, or otherwise stabilized all
disturbed areas? /NO [circle one]
COMMENT:
3) FUTURE MOIWTORINQ & ENFORCEMENT ACTION: Is further investigation or enforcement action
needed? YES O [circle one].
COMMENT:

SENDER:
■ Complate items 1 and/or 2 for additional services.
I also wish to receive the
■Complete items 3, 4a, and 4b.
following services (for an
■Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not
1. ❑ Addressee's Address
permit.
Write 'Return Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery
■The Return Receipt will show to whom the article was delivered and the date
delivered.
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3. Article Addressed to:
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5. Received By: (Print Name) 18.
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Form 3811, December 1994 Domestic Return

UNITED STATES POSTAL SERVICE First -Class Mail
Postage &Fees Paid
USPS
R Permit No. G-10
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'50
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Consulting Engineers
P. 0. Box 3727
Wilmington, North CBroft 2M
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CRISER & TROUTMAN JUN ? 2001
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following services (for an
■ Print your name and address on the reverse of this form so that we can return this
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card to you.
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1. ❑ Addressee's Address
permit.
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UNITED STATES POSTAL SERVIPermit o. -- ;
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CRISER 8 i'U`ilANo +_
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P. O. Box 3727
Wilmington, North Carolina 28406 s2
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CRISER & TROUTMAN
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W"ngton, North CaM ina 28400
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