27905_GERRANS, BILL_20010420

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CAMA and DREDGE AND FILL r
' G E N E R A L u`� �7�t�`'
PERMIT
as authorized by the State of North Carolina a`> i►3j9�
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC
Applicant Name Phone Number
Address
City State zip
Project Location (County, State Road, Water Body, etc.)
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Type of Project Activity i �..�. it 41V lip , A''a, i �� r 15: f i ; , k '
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PROJECT DESCRIPTION SKETCH
Pier (dock) Length
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Groin Length
Bulkhead Length
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max. distance offshore
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Basin, channel dimensions
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cubic yards
Boat ramp dimensions
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Other
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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.
applicant's signature
r r r
permit officer's signature
issuing date expiration date
attachments
application fee

HUMPHREY BUILDERS LLC
PH [phone]
3205 HWY 24
NEWPORT, NC 28570
1989
Date 66-30/342
Pay to the
Order of Q �� I $
/00,
Dotlars..
RRST CITIZENS 3Q
BANK
N1I FirstCitizans Bank 8 Trust Company
j��t l� Capa Certorat, N.C. 28584
For4�X[-y- -6C4,tic
1:0531003001:0034L2291921ii' 01989
•OC'larke Amerman
GUAFOIAt SAFETY YELLOW OEYE

Apr-16-01 09:23A Lee Hancock&Lasitter 919 638 1376 P_01
LEE, HANCOCK AND LASITTER, P. A.
A(turneys at Law
Yost Office 13ux 356
Now Bern, North Carolina 28563
301 South Front Street, #5
W. H. Lee (IAR7-1979)
C. R. Hancock, Jr. (1920-199(5)
Moses D. I,osittcr
Apn l 16, 2001
Mr, Brad Shaver. Field Representative
NCDF.NR
I-lcstron Plaza 11
151 13 Hwy 24
Morehead C'ity, Nt:' 28557
RE: Lot 49 J. W. Pearson Subdivision
Michael Wieczerak
Dear Mr. Shaver:
7cleplionr (252) 63R-1 10.4
f acsimilc [phone]
Via Facsimile Only 247 3330
Mr. Wieczerak has asked that I write to you regarding the proposed pier and bulkheading of Lot
50 of the J, W. Pearson Subdivision owned by Bill Gerrans. Mr. Wieczerak is quite concerned
that ifthc bulkheading and dredging is permitted on Lot 50 that the spoil from the dredge and
bulklicading wit l force water onto his lot which will potentially create drainage as well as septic
Lank problems. Both of these lots are relatively low and any change in the elevation of either will
greatly effect the adjoining lot.
It is with a sense of great urgency that any approval that you might give for the bulkheading and
d"dg"ng of Lot 50 that you will keep in mind and consider the adverse effects that it may
,potenially have on 49_
Sitt,Ecrely Ivviu
MDL:ji
cc: Mr_ Michael Wieczerak
104 Crystal Lake Drive
Havelock, NC

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04/17/2001 06:58 2524446239 HBR PAGE 01
LEE, HANCOCK AND LAS=R, P. A.
Attorneys at Law
Post Office Box 356
Ncw Bern, North Carolina 28563
101 South Front Street, #5
W. H. Lee (1887-1979)
C, E, Hancock, Jr. (1920-1996)
Moses D. t.asitter
.April 16, 2001
Mr. Brad Shaver, Field Representative
NCDENR
Hestron Plaza II
151 B Hwy 24
Morehead City, NC 28557
R,E: Lot 49 J. W. Pearson Subdivision
Michael Wieczerak
Dear Mr. Shaver:
Telephone [phone]
Facsimile (Z52) 638-1376
Via Facsimile Only 247 3330
Mr. Wieczerak has asked that I write to you regarding the proposed pier and bulkheading of Lot
50 of the J. W. Pearson Subdivision owned by Bill Gerrans. Mr. Wieczerak is quite concerned
that if the bulkheading and dredging is permitted on Lot 50 that the spoil ;from the dredge and
bulkheading will force water onto his lot which will potentially create drainage as well as septic
tank problems. Both of these lots are relatively low and any change in the elevation of either will
greatly effect the adjoining lot.
It is with a sense of great urgency that any approval that you might give for the bulkheading and
dred g of Lot 50 that you will keep in mind and consider the adverse effects that it may
p6itentially have on P6i149.
tter
MDL_ji
cc: Mr. Michael Wieczerak
104 Crystal Lake Drive
Havelock, NC

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Print your name, address and ZIP Code
M the space below.
• Complete items 1, 2.3, and 4 on the
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• Attach to front of article if apace
permits, otherwise affix to back of
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U.S.MAIL
�O
PENALTY FOR PRIVATE
USE, $300
RETURN Print Sender's name, address, and ZIP Code in the space baiow.
TO
Ale

•SENDER: Complete items 1 and 2 when additional services are desired, and complete items
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Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
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1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
/O Y L.r 4r /0,_
#-1 v e �c, 4 t NC a 3 5-3-'-
5. Signature — g/8dres��
6. Signature — Agent
X -M. I C ('il'L W, F_ C Z/11-51/2 z -
7. Date of Deliver
2y-ol
Type of Service:
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Always obtain signature of addressee
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PS Form 3811, Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN REUMPI
0
I

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to G� t s
(Namne. of Property Owner)
property located at
(Lot, Block, Road, etc.)
on . �-Lo-a , in C�a� N.C.
�--r
(Waterbody) (Town and/or County)
He has described to me as shown below, the development he is proposing at that location,
and, I have no objections to his proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To be filled in by individual proposing development)
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Telephone umber

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Humphrey Builders
3205 Hwy. 24
Newport, N.C. 28570
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LEE, HANCOCK AND LASITTER, P.A.
ATTORNEYS AT LAW
POST OFFICE BOX 356
NEW BERN, NORTH CAROLINA 28563
TELEPHONE
W.H.LEE (1887-1979)
301 SOUTH FRONT STREET, TYS
C. E. HANCOCK, JR. (1920-1996) (252) 103
MOSES D. LASITTER FAX [phone]
5 April 2001
Humphrey Builders
3205 Hwy 24
Newport, NC 28570
Re: Lot 49 J.W.Pearson Subdivision
Owner: Michael Wieczerak
Dear Sir:
I have been advised that you are constructing a pier and bulkhead facility on Lot 50 of the J. W-
Pearson subdivision currently owned by Bill Gerrans. I understand that you have recently driven
onto a portion of Lot 49 to access the waterfront of Lot 50. You are directed, that henceforth,
neither you nor any of your employees, agents, sub -contractors, or anyone working with you are
to go onto the premises of Lot 49. Any encroachment onto Lot 49 will be dealt with as a trespass
and rq.hedies at law will be pursued accordingly.
Moses
MDL-ji
cc: Mr. Michael Wieczerak
104 Crystal Lake Drive
Havelock, NC 28532

Re: Lot 50 Pearson S/D construction
Subject: Re: Lot 50 Pearson S/D construction
Date: Mon, 16 Apr 2001 16:04:55 -0400
From: Brad Shaver <Brad. [e-mail]>
Organization: NC DENR DCM
To: michael wieczerzak <[e-mail]>
Mr. Wieczerak,
I still have not received the letter from your lawyer. I have not had the
time to call your lawyer so if you would please have him at least fax me a
copy of the letter to 252-247-3330. I will take your comments and discuss
the project with my superviosr before any decision is made. Once again you
should receive a letter if the permit is issued regarding any type of third
party appeal. This letter will come from my supervisor only if the permit is
issued over your objection. With your suggestions we might be able to find
some common ground between you and your adjacent property owner.
If you have any questions I will be in the office all day on Wednesday.
Brad Shaver
michael wieczerzak wrote:
> Dear Mr. Shaver:
> I trust that you received a letter from my attorney addressing my
> concerns regarding the proposed bulkheading and dredging on lot 50.
> May I point out that there is already a bulkhead on the other side of
> lot 49 which, combined with the one proposed on lot 50 „ would create a
> funnel effect directing excessive high tides and rain to lot 49 causing
> severe waterfront erosion as well as septic system degredation.
> Also, please note that the approximate 6' strip of land between the pond
> on lot 49 and Broad Creek is already eroding. this is probably due to
> the fact that the pond overflow was sealed off when the bulkhead on lot
> 1 was constructed by Humphrey Builders. It won't take much more erosion
> for that thin strip of land to break through.
> I certainly do not wish to deny the owners of lot 50 their right to
> maximum enjoyment of their property. So my suggestion is this:
> Consider dis allowing only that portion of the bulkhead labled 40' which
> lies along the shore of Broad Creek, and require any landscaping to not
> allow water to run off onto lot 49.
> Thank you for your concern.
> Michael Wieczerzak
> 104 Crystal Lake Dr.
> Havelock NC
> 252 447 4060
1 of 1 4/16/01 4:06 PM

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