13056_POVLICH, JOHN III_19940419

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,CAMA AND DREDGE AND FILL
GENERAL ~ 1.lw-C
PERMIT <dw
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the.Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC
Applicant Name � » �� ., 0V f Phone Number r'� y : •- _y;
Address /2-,
City j' .j State Zip .• 1_ti
Project Location (County, State Road, Water Body, Kc.)
ti Type of Project Activity
PROJECT DESCRIPTION
Pier (dock) length
.�
Coin length
SKETCH � ,,. (SCALE: , =
4
1
I
_�,.,_
� � �f`-�— 11 ` +--i---- 4:1:4
•� I �_.
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
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 be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject 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.
i
issuing date
applicant's signature
(permit
,�officer's signature
f' 1� f�
expiration date
attachments
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
i
application fee

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J.F.P. LEASING CO. 1438
120 NORTHWAY CT. 66-197/531
RALEIGH, NC 27615
PAY
TO THE
ORDER OF 'Z? /'v /f/R
DOLLARS
SOUTHERN NATIONAL
Smthem Nntionnl Bnnk of North Cnn,linn
P-,leich / Gnmer. NC
FOR —�IWA',e-Zl
1110000143811' I:053LOL972i:�0-ia1-'5--527461Ia

A Note From ... John F. Povlich, III, D.D.S., P.A.
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240 Newton Road, Suite 101 Raleigh, North Carolina 27615
[phone] Fax [phone]

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ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby - certify that I own property adjacent to
.6,"acc.4Av'c.,-,1C l� c.9�u�ir�CjtS �T�aG
's property located. at 16To-4-
� (lot, block, -road, etc.)
on in N.C.
(body of water) town and/or coffin y
The proposal has been described to me as shown below; the development, a
pier/ bulkhead structure 'and the proposed location, and I have no objections
(circle one
to the proposal. I understand that if the development is a pier, it must be
set back a minimum distance of 15 feet from my area of riparian access unless
waived by me. I do wish to waive that setback requirement.
Da9cripticn and/or drawing of prcpcsed demlepriEnt: (to be filled in by individual
prcpcsing dmelopmmt.)
(Original mast be retained in the Lnspecticn DTa tint)
Signature ,
Name (Please Print)
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,Buccaneer Bay Property Owners'
'Association, Inc.
P.O. Box 133
'Oriental, N.C. 28571
Mr. John F. Povlich III
609 Amelia Ave.
Raleigh, NC 27615
11111E h,lmh,JJI..+F:l111J.1}1llJ11,11.... Ill, I)Ml hd;fill

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to
.E3uc�i✓ee.�� � 13a.�auaerGs �.s_s�c.
's property located at Q/
y (lot,,block, road, etc.)
on , . . in ) 1 �. �w< n.; 4 ; , N.C.
(body of water) town and/or county-,
The proposal has been described to me as shown below; the development, a
pier/ bulkhead 4 structure, and the proposed location, and I have no objections
(circle one) - —
to the proposal. I understand that if the development is a pier, it must be
set back a minionum, distance of 15 feet from my area of riparian access unless
waived by me. I � ish to waive that setback requirement.
Description and/or drawing of prcpcsed developrEnt: (to be filled in by individ-zd
proposing de�elc pnEnt . )
/�AsG O(/o7�•` � e � Y'va0®SG G" .�aQ/7`/d7i.Q� Cl� cL�yr!
(Original must be retained in the Inspection Dep3rtnEnt)
Signature
` 6 V (� - . ` � �V
Name ((Please Pri t)
se c r• e f,9 R� , / 13,1 e
Olf Pr��Cn�� awxe.zs

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AWACENT RIPARIAN PROPERTY OWNER STATDOR
I hereby certify that I own property adjacent to 1,101422 /- A42:
's property located at_ / 9-dtl'
( ot, "block, road, etc.)
on -A �Rd6�t in �m /moo N.C.
(body of water) town and/or COMAY
The proposal has been described to me as shown below; the development, a
pier/ bulkhead structure and the proposed location, and I have no objections
(circle one
to the proposal. I understand that if the development is a pier, it must be
set back a minimum distance of 15 feet from my area of riparian access unless
waived by me. I do do not wish to waive that setback requirement.
Description and/or drawing of r gxxsed develq. ent-. (tp be filled in by indivi&al
prq)csing 't • )
mew .S fYt u c fit /lc
U�7711
MAh
(Original mast be xetaineci in the Inspection Depa )
V Name (Please Print) ,✓�sls A,*
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l tMAR"LyU�-
2 3 1994 E ; ` JOHN F. POVLICH,Ill
609 AMELIA AVENUE
"""'."...... -- RALEIGH, NORTH CAROLINA 276I5
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John F. Povlich, 111, D.D.S.
Gabriel J. Rich, ill, D. D. S.
Genera! Dentistry
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MAR 2 31994 fi
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.-LOWELL 6 HOLLOWELL
ATTORNEYS AT LAW
BAYBORO. N. C.
28515
Bum & 25 P1Aa M
NORTH CAROLINA
PAMLICO COUNTY
THIS DEED, made and entered into this 23rd day of
February, 1984, by and between BUCCANEER PROPERTIES, INC. a
North Carolina business corporation, hereinafter called
"grantor", and BUCCANEER BAY BOATOWNERS ASSN., INC., a North
Carolina non-profit corporation, with its principal office
located at Route 1, Box 242, Farmville, North Carolina 27828,
hereinafter called "grantee";
W I T N E S S E T H:
That grantor, for and in consideration of the sum
of ten dollars and other good and valuable considerations to
it paid, the receipt of which is hereby acknowledged, has
bargained and sold, and by these presents does bargain, sell
and convey to the said Buccaneer Bay Boatowners Assn., Inc.
and its successors and assigns, the kollowing described real
property in Number Two (2) Township, Pamlico County, North
Carolina:
The "L"-shaped PIER and the boat -slips numbered
One (1) through Eleven (11) which extend into
Smith's Creek from the PIER as shown on the map
prepared by Roy D. Franks, RLS, dated December 30,
1983 and recorded in Map Cabinet A, Slide q — i
Pamlico County Registry. Also conveyed is all
riparian rights in Smith's Creek which are
necessary to the use and enjoyment of said pier
facilities, which rights were excepted in the
deed from grantor to Sun Service Corporation by
deed dated October 18, 1983, recorded in Book 223
at page 155, Pamlico County Registry.
AS APPURTENANCES to the foregoing property, there
is conveyed herewith the following easements:
1) A perpetual non-exclusive easement for ingress,
egress, and regress to and from the PIER here-
inabove described over and along the 30-foot wide
Drive shown on the Franks map hereinabove referred
to as PIER ACCESS.
2) A perpetual non-exclusive easement for ingress,
egress, and regress to and from the PIER herein -
above described and the 30-foot wide PIER ACCESS
Drive over and along the 20' by 30' strip of land
identified on the Franks map as EASEMENT.
SAYING AND EXCEPTING from the above -described
properties the eleven (11) boat -slips numbered
One (1) through Eleven (11) which are shown on the
Franks map hereinabove referred to.
TO HAVE AND TO HOLD said real property, together
with all privileges and appurtenances thereunto belonging to
grantee and its successors and assigns, as fully and completely
as grantors are authorized by law to convey the same.

eam ??5 ? 43
And grantors, for themselves and their successors
and assigns, covenants with grantee and its successors and
assigns, that it is seized of the above -described property
and has the right to convey the same; that the same is free
and clear of encumbrances and that they will warrant and
defend the title to the same against the lawful claims of
all persons whomsoever except the State of North Carolina
and the United States.
IN TESTIMONY WHEREOF, grantor has caused this deed
to be signed in its corporate name by its president and
attested by its secretary, and sealed with its common corporate
seal, the day and year first above written.
J v
'JJ!•'J!1 ft11••'••1 j
Secretary
)WELL & HOLLOWELL
TORNEVS AT LAW
BA V BORO. N C.
285i5
BUCCANEER PROPERTIES, INC.
NORTH
COUNTY ''I
T , ', 2Cc ��ytyt«�t'?Jnn , a No�Lr Public
for s:A id county and state certify that %!�2 /� tliz A&
personally came before me this day, and being by me duly'
sworn, acknowledged thatshe is Secretary of BUCCANEER PROPERTIES,
INC., a corporation, and that by authority duly given and as
the act of corporation, the foregoing instrument was signed
in its name by its President, sealed with its corporate
seal, and attested by self as its Secretary.
Witness my hand and official seal this there.
day of1984.
Notary Public
i
My co,,WmssdA�n expires:
Z.;";
OTARy' J
�-o AVBL�G
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spec 25,E ?44
NORTH CAROLINA
PAMLICO COUNTY
The foregoing certificate o
a Notary Public in and for said county and state, is certified
to be correct. This instrument was presented for registration
this day and hour and duly recorded in the Office of the
Register of Deeds of Pamlico County, North Carolina, in
Book at page C22
This ca-;;�7jday of ���[� 1984, at
o' clock ,,Q . m.
J
gister of Deeds
BY:
Asst. Register of Deeds
l "W t l L. & HOL L O W L.LL
I I014NL'AT LAW
HA V BORU. N C
ltlS1S

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a-
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Mr. David Noble
MAILING ADDRESS:
POST OFFICE BOX 21B
BAYBORO, NC 28515
TELEPHONE:
919-745-5115
FACSIMILE:
919-745-5917
i
February 16, 1994
CAMa
P.O. Box 754
Morehead City, N.C. 28557
Re: Boatslip 11 - Buccaneer Bay
John F. Povlich, III and wife
Dear Mr. Noble:
7 �71
7
MAR 0 2 1994
This letter is in response to our telephone
conversation of several days ago in which we discussed your
denial of Mr. Povlich's application to modify his boatslip #11 at
Buccaneer Bay on Smith Creek, Oriental, North Carolina. Your
denial was based, at least in part, on the owners to the north,
Robert and Sandra Reifsnyder's objection to the modification. In
our discussion, you indicated that your office was questioning
whether Mr. Povlich or any of the other ten boatslip owners had
any riparian rights due to the manner in which the development
was originally designed. Obviously, a review of that process is
in order.
First, I should point out that these boatslips are, I
be?ieve, the first to be organized in Pamlico County. When my
firm was employed to do so, we inquired in the surrounding
coastal counties for a similar development. The only one we
found was in New Hanover County (Lee's Cut Boatowners
Association). We obtained the Declaration and modeled Buccaneer
Bay's by it. We formed a non-profit corporation to own
everything but the actual slips for liability purposes. In this
case, the developer conveyed to Buccaneer Bay Boatowners
Association by deed dated February 23, 1984 and recorded in Deed
Book 225 at page 242, Pamlico County Registry. "The L-shaped
Pier" plus "all riparian rights in Smith Creek which are
necessary to the use and enjoyment of said pier facilities...".
I believe this clearly establishes the existence of riparian
rights in the boatslip owners.

�t a�
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y� a

,
The next issue presented is whether the Reifsnyders
have a right to object to the proposed minor modifications. Lot
#23 was conveyed out in June of 1985, over sixteen months after
the boatslip association acquired its property with "all riparian
rights in Smith Creek necessary". In addition, and perhaps most
importantly, the pier was in existence when the Reifsnyders and
their grantor acquired the lot. The pier was clearly visible at
tf'_s time their considered buying their lot; and therefore I would
argue they purchased their lot subject to the rights of the
boatslip owners.
General contracts to convey land, giving a title in fee, or
free and clear of all encumbrances, or similar covenants,
are generally held not to refer to visible physical burdens
upon the land, permanent in character, known to the vendee.
In the ordinary case the vendee is presumed to have
contracted to accept the land subject to visible easements
of an open and notorious nature.....
77 Am. Jur. 2d Vendor and Purchaser, S 222 at 399 (1975).
I would also argue that the Reifsnyders are estopped
from objecting since they purchased their lot clearly knowing the
existence of the pier in its current location.
I hope you agree, having the benefit of this
information, that Mr. Povlick's request is permissible
particularly since he desires only a minor modification to the
slip.
If you have any questions or need any additional
information, please do not hesitate to call me.
Sincerely,
HOLLOWELL & HOLLOWELL
B ar H low r.
BBHjr:dth
cc: Mr. John F. Povlic , I

ATE:
do
o�
0
I DRAWN BY:
12/30/63 WILLIAM A. JONES
0
BUCCANEER BAY PIERS
3
01010 fff1f10 1to1f11 I��r�f t�rlf t ��� 1It r�i fir
1 � 1 4 1 II I I.
I 5I bI
COUNTY RECORDING & REPRODUCTIONS, INC.
r' F.O, BOX 2498, Winston- $elem }, C. 21102
'N
ItM�QRRFGI j'RACPO AT
A., ENRO'Ll_`D (y 114E . .:�1` �; R� y ---o
OF DEEDS OF FA"L1CO-
CA9INET-
&S, ASSISTAW
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J T A r -
I ROY 0. FRANKS -CERTIFY b,e# tiffs mop was drawn under my
sn.pervistoh from an actual field survey and from MAP recorded w
Soot I I ,PaQe 48 . The total error of closwe as calculated
by Let and Dep. is L. 0.01 , D. 0.02 This map was prepared
in accordance with Q. S. 47-30 as amended. WITNESS MY HAND
AND SEAL THIS 30 DAY OF DECEMBER , A. D. 1983
Reg. Srrveyer,L-1783R_F.D. 2, SNOW HILL,N. C-
NORTH CAROL INA G R E E N E COUNTY
I, ILENE W. JONES a notary Public In and for said County
and State, do hereby certify tl,ef personally appea►sd before we
this any, ROY D. FRANKS ,Registered Surveyor, and acimow-
Iwdged the due execution of the foregoing Instrument, to wit, a map
WITNESS my hand and Natcm I Seal this _30 day of
_ DECEMBER 19 83
My COmmissm
Expires. - -
1 /21 / P5 Notary Pubhc

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
avl:::-k
own roperty adjacent to%�r� ��e
I hereby certify that I o p /
%3LgGk �7CA�p ICY 1 a ec N ck •� %�
is property located. at eQ
(lot, block► road► etc.) N.C.
i n----
on town and/or county nt, a
(body of water) the development,
The proposal has been described to me as shown below; objections
pierL bU1 d L
tructure, and the proposed location, and I have no
(circle one) nt is a pier, it must be
to the proposal. I understand that if the development
area of
set bacic a minimrm distriparian access unless
ance of 15 feet frcxn "AY requirement.
waived by me. I o not wish to waive that setback
****************** (52,�CP'Ents (to be filled in by
Descriptian a -d/cr drawing of rrTcsed
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AUTACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to
' s property located at
/ Klot, bock, road, etc.) �'_=j 726
on J��i 1 /, ���_ in �s11 c Al>.4, 2 N.C.
(body of ^water) town and/or county
The proposal has been described to me as shown below; the development, a
pier/ bulkhead structur , and the proposed location, and I have no objections
(circle one)
to the proposal. I understand that if the development is a pier, it must be
set back a minimum distance of 15 feet from my area of riparian access unless
waived by me. I do do not wish to waive that setback requirement.
Lescripticn and/or drawing of RWosed da�lop� nt: (to be filled in by individ i
prcpcsug
�"'�.as'� �'a /C ��i a � A �� /lie u� �'7'Y� a c � CC /{� • /S
!�v i �ij,,,• /A&
1.4 .1
�! MAR 2 3 1994
.............................
(Original mist be retained in the Irspectirn wit)
Signature
Name (Please Print)

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