45456_HEYDER, JESSICA_20060807 (2)

:GENERAL
AMA /-DREDGE & FILL u,
PERMIT Previous permit #
ew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
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 I SA NCAC_
ules attached
Applicant Name �$51C)q )4tft'ex
Address P®
City Pd W J� LL5 M 1N J State h)C, ZIP- 6
Thone # ( Fax # (_)
Authorized Agent F i52nU:�50N
Affected ❑ CW *EW *PTA .*S ❑ PTS
AEC(s): ❑ OEA ❑ HHF ❑ lH ❑ UBA ❑ N/A
❑ PWS: ❑FC:
ORW: yes / ry PNA yes /
Type of Project/ Activity
Pier (dock) length
Platform(s)
Finger pfer(s)
Groin length
number A
ulkhea iZprap length
avg distance offshore
max distance offshore _
Basin, channel
cubic yards_
Boat ramp
Boathouse/ Boatlift
1,
Beach Bulldozing
Other
+
Shoreline Length
SAY. not sure
no
Sandbags: not sure
yes
Moratorium: (so
yes
no
Photos:
&
no
Waiver Attached:
yes
(
Crit. Hab. yes /
CY
Project Location: County D"45-
Street Address/ State Road/ Lot #(s)
233 WAi-R- D (oW.00 79 4111
Subdivision
Clty,�� 5�h'S ZIP
Phone # ( River Basin .h .
Adj. Wtr. Body_ CM J?k JV(';�- $elymp /man /unkn)
Closest Mal. Wtr. Body GU 1?1(? M 9AW-VAP
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A building permit may be required by: See note on back regarding River Basin rules.
Notes/ Special Conditions [� % �,� �jf G (. % � j) '20 riarr
a Cut r A �.s, i! a ki-ft rni? ra i A A- rUJW0 r", I 1 a_ I i A 1AX-) I i 1 'Md f M 1 --7 C c- wi 7`
Name
Signature Please read compliance statement on 6ac kof permit — Issuing DSte Expirhon Date

IN
�v f
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 17, 2006
Mr. Regis Burek
67 Chatham Court
Charlestown, WV 25414
Re: Objection to the Issuance of CAMA General Permit No. 45456-A
in Southern Shores, Dare County
Dear Mr. Burek:
This letter is in response to your objection as an adjacent riparian property owner to a permit
request from Mrs. Jessica Heyder to install a boathouse, pier, platform, mooring pilings, and
bulkhead at 233 North Dogwood Trail in Southern Shores, Dare County. Mr. John Cece, of the
Division of Coastal Management staff, was recently on site to evaluate the permit applicant's
request.
In the fall of2005, the permit applicant originally requested a Major Permit to install 1,000 feet
of bulkhead, an 80-foot long pier, a 400 square foot platform, mooring pilings, and a boathouse.
I lowever, the I leyders recently withdrew their Major Permit application and requested a General
Permit to install only 500-feet ofthe proposed bulkhead. They have removed the boathouse,
pier, platform, and mooring pilings from their permit request. Under the Coastal Area
Management Act (LAMA), the Coastal Resources Commission (CRC) has established Rules for
General Permits for this type of development that are found in 15A NCAC 07H .l 100.
You have notified the Division of Coastal Management of your objections to this proposed
development by a letter dated October 12, 2005. Your objections to this proposed development
related to
• Ownership of the adjacent lots,
• The distance the proposed bulkhead was to be located offshore,
• The size of the proposed boathouse,
• The distance the proposed boathouse would extend into the adjacent canal, and
• The location of the proposed mooring pilings.
Mr. Cece has reviewed your objections, along with all aspects of this development proposal for
consistency with the aforementioned Rules, which describe the CRC's standards and guidelines
for this type of development. Our review of the currently proposed development has found it to
be consistent with these Rules.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity t Affirmative Action Employer — 30% Recycled by Fiber Weight

Mr. Regis Burek
August 17, 2006
Page 2
As stated earlier, the Heyders have removed the proposed boathouse, pier, platform, and mooring
pilings from their permit request. They are now only requesting to install 500-feet of bulkhead
along the shoreline of the Currituck Sound. Mr. Cece met the Heyders and their contractor on -
site on August 3, 2006 and staked a bulkhead alignment that would meet the requirements
contained in 15A NCAC 07H .1100. This alignment restricted the Heyders to placing the
bulkhead an average of only two feet beyond normal water level and a maximum of five feet
beyond normal water level. Mr. Cece will monitor the installation of the bulkhead to ensure the
staked alignment is followed.
After having given careful consideration to your objections to this proposed development, we
have determined that it is consistent with the Rules of the CRC and the State's Coastal
Management Program, and that all pre -requisites have been satisfied. Therefore, the Division of
Coastal Management issued General Permit No. 45456-A on August 8, 2006 (copy attached) for
the proposed development.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request Form
with the Director of the Division of Coastal Management within 20 days of the permit issuance
date. If you choose to pursue an appeal, please contact this office so that we can provide you
with the appropriate forms and addresses.
It' you have any further questions regarding this matter, please do not hesitate to contact Mr.
Cece, or me, at this office.
Sincerely,
Ted Tyndall
Assistant Director
Division of Coastal Management
Morehead City
JC
cc: John Cece, Division of Coastal Management, Elizabeth City, NC
Jeff Emanuelson , (Emanuelson and Dad, Kitty Hawk, NC
Enclosure

FROM: John Cece
TO: Ted Tyndall
DATE: August 17, 2006
Morehead City DCM
Hi Ted,
Last fall a citizen in Southern Shores submitted a Major Permit application to install
1,000 feet of bulkhead, an 80-foot long pier, a 400 square foot platform, mooring pilings,
and a boathouse. After reviewing his second re -submittal I met him on -site to try to
coach him through the deficiencies in his application. During this meeting I became
convinced that we would probably never receive a "complete" application. However,
during our discussions he told me that his top priority was to get some of the bulkhead
installed. So, to make a long story short, I convinced him to withdraw the Major Permit
application and request a General permit for the 500 feet of bulkhead that he really
wanted.
Attached are copies of the pertinent portions of the revised Major Permit application, an
objection letter we received last fall from one of the adjacent property owners, a draft
letter issuing a General permit over an objection, and a copy of the General Permit I
issued last week.
I understand that you are reviewing and signing these letters until a new District Manager
is appointed.
Thanks for all your help. If you have any questions, comments, or need additional
information you know where you can reach me.
Thanks again.

To: Division of Coastal Management
1367 US 17 South
Elizabeth City NC, 27909
Subject: Jessica Penson-Heyder Bulkhead Proposal
This application as submitted is flawed by incorrect or incomplete information and we
are forced to object to the proposal as written for the following reasons:
Mr. Krasnicki no longer owns Lot # 3. Lot #3 is owned by Regis & Lynda Burek
67 Chatham Court Charles Town WV, 25414. who also own Lots 1 & 2 which
also abutts the canal in question.
2. The Plan View Sheet A does not supply enough dimensional information to assess
potential impact of their plan for reclaiming "lost" shoreline. What official map
or plat are they planning to use to determine where the line is to be drawn. Do we
go back 5 or 50 years to establish where the shoreline was? I understand and
support they're desire to stop shoreline erosion and stabilize it where it is today. I
cannot support reclamation of "former", read undefined, shoreline.
3. There is no indication of how large the proposed boathouse is.
4. There is no indication how far into the canal the boathouse and boatli$ will
extend. By deeded agreement of November 12, 1959 all properties abutting the
canal have joint access to the canal. Without a dimensional drawing I have no
way to assess what impact this proposal might have on my access rights. Further,
the canal is very narrow at its mouth and I don't believe the applicant has taken
that into consideration.
5. There is no indication where the two mooring pilings are to be placed with
regards to the center of the canal and the navigational channel exiting Jean Guite
creek to the Cuzrituck sound. The pilings may not be an obstacle in and of
themselves, but a boat swinging on the mooring certainly could be.
Sincerely
Regis M. Burek
Property Owner of LT 1-3, Block H Southern Shores
As described in Book 271 page 17 Map Plat 2 page 28
Attachment B

-rt
OCT 1 n 2005
CO, PTA.:
�v,DmrFip;D MAIL RETURN
RECELPT RE VESTED
DIVISION OF COASTAL MANAGEMENT R FORM
RIPARIAN PROPERTY OWNER NOTIFICATION/WA E
DACE JESSICA PENSON-HEYDER
Name of Individual applying for Permit; ------
233 N. DOGWOOD TRAIL
Address of Property; SOUTHERN SHORES, N.C; 27949 Dpoe"P e00
(Lot or Street #, Street or Road, City & County)
n property adjacent to the above referenced property, The individual
the development
I hereby certify tl.at I ow p P provided with this
for this ermit has described d wme as swish doimensions attached
dd be
applying A description or drawing,
they are proposing.
letter .
proposal. iC I have objections to this proposal
Z have no objections to this p ro p Coastal
lease write th.e Division of
objections to what is being proposed, p 264-3901 within 10
if you have obj NC, 27909 or call (252) objection if you have
ManageMent, 1367 US 17 South, Elizabeth City,
eel t o this notice. No response is considered the same as no obj
days of re p Certified Mail.
been notified by
2- Leee S
Date ,( yiva G"I-e!C
Sia � A 5
Print Name ��52
Dyi� 1 o - ----
Telephone Number With Area Code

Dietrich W. Heyder, M.D., DLFAPA
Jessica Penson-Heyder, L.C.S.W.
P.O. Box 347
Powells Point, N.C. 27966
Tel: [phone]
Fax: [phone]
Nov. 13, 2005
Kimberly Hedrick
NCDENR
1367 US 17 South
Elizabeth City, NC 27909
RE: 233 Dogwood Trail
Dear Mrs. Hedrick:
.Vo p,
This is to begin the process of a major permit for a bulkhead in Southern Shores,
N.C. Thank you for your past great help. We are looking forward to further cooperation
with you or your new colleague. Another site visit can be carried out entirely at your
convenience. Foreseen problems will be addressed ASAP.
Enclosed please find the following:
MP 1
MP2
Map of bulkhead suggested
Maps of location
Schematic drawing of pier
Copy of deed
Neighbor Maturo letter
Neighbor Krasnicki letter
Neighbor Burek certified mail card
Check for $100.00
Sincerely yours,
D.4eY der, M.D., DLFAPA

Form DCM-MP-1�
APPLICATION voV IR
(To be completed by all applicants) t'OAc';,+;
b. City, tows comrnnur Sty r landmark
UTHERN1. APPLICANT
C. Street address or secondary road number
233 N. DOGWOOD TRAIL
a. Landowner:
Name JESSICA PENSON_HEYDER
Address P.O•BOX ' }3`f�
POWELLS POINT State N • C .
City
Zip 27966 Day Phone[phone]
Fax [phone]
b. Authorized Agent:
Name
Address
City
Zip Day Phone
Fax
c. Project name (if any)
State
NOTE: Pernvt wiU be issued in name of Lgnz vner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County DARE COUNTY
d. Is proposed work within city timiNor planning
jurisdiction? X Yes o
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) CURRITUCK SOUND
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.
RECONSTRUCT BULKHEAD AND BACKFILL
AND sTRu +T DTFA WITH PT ATFORM-
AN) RoATHOUSE WITH LIFT _
b, Is the proposed activity maintenance BH f an existing
project, new work, or both?
c. Will the project be for public, private or commercial
use? PRIVATE
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.
EXISTING BULKHEAD HAS BEEN DAIKAGED.SOt•T
SHORi✓LZNE HAS SIGNIFICANTLY ERODED DUI
FAILURE
J
Rerised 03/9-

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 0 lots, 3% acres
b. Size of individual lot(s)
N/A
Approximate elevation of tract above MHW -or
NWL 7 ft .
d. Soil type(s) and texture(9 of tract
,ANn): SQ r —
e. Vegetation on tract -PINE, OAK, DOGWOOD, SWT GUM
f. Man-made features now on tract- (-,nTT A(tF , PTFR
RTTT KTir..n RF-MNANTS
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land use plan.)
Conservation Transitional
X_ Developed Community
Rural Other
h. How is the tract zoned by local government?
RESIDENTIAL
i. Is the proposed project consistent with the applicable
zoning? x Yes No
(Airach zoning comp ance cerrificate, if applicable)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No -
1. Are there wetlands on the site? - x Yes No
•Coastal (marsh) x Other
If yes, has a delineation been conducted? No
(Attach docur>Yntanon, if available)
m. Describe existing wastewater treatment facilities.
.„I SFATTr. TANK
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
SURFACE RUNOFF
o. Describe existing drinking water, supply source.
WELL WATER
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 title, 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 8 1/2" 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

JESSICA.,.PENSON-HEYDER PG.3
Form DCM-MP-i
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 continents
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 Frank and Nancy MAturo
Address N. Dogwood Trl. S.SH NC27949
Phone
Name Regis and L nda B r
Address o4 Chatham Ct Charlestgr&Ya_29a14
Phone
Name R ertliand C ns
,
Address _, , , a
Phone Charleroi,PA 2
1502
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• 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
or and inlet areas.
• A statement of compliance with the N-C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
NO\I i L' }
� E iGr�.�•'s.-1 i � V� �.�
6. CERMIICAT ON AND PEgMiSSIQN
T4 ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained i i 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.
p r /
This is the j7 day of �I , 19 () .�
i
Print Name
S ignature
L=-domw' r Aiah rized Ageru
please indicate attachments pertaining to your proposed
project.
DCM M9-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 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.
Revised 03/95

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
N/A Average Fianl
Exiting FrOlect
Access
channel
(MLA or (NWL)
Canal
Bc at
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shorclinc
stabil L7 ation)
Jessica Penson—Heyder pgI
L:�;:
Nov
S,
"5
1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL NSA
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
ReVL;ed 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes XX No
f. Does the disposal include
n ludeuany area in the water?
Yes XX
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead . Riprap
b. Length 1 050'
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material. be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes ; No
If yes,
(1) Dimensions of fill area
(2) purpose of fill
c. Average distance waterward of Nfflw or NWL ,
Avera a 15 in sections ABC see m
Average 2' for remainder of B.Head 5. GENERAL
d. Maximum distance waterwaz of-MK19i a
a. How will excavated or fill material be kept on site
and erosion Controlled? Nn r •,ati nn i np sed,
e. Shoreline erosion during preceding 12 months een
s
6' on sound Y,' in canal �,..
(Source of inforr„atiors) a lieant observation
f. Type of bulkhead or riprap material wood B.Head
replacing remnants vin 1 on canal
g
Amount of fill in cubic yards to be placed below
water level
(1) Rpprap
(2) Bulkhead backfil{ . -•�et or—
h. Type of fill material
Source of fill material
4. OTHER FILL ACTIVITIES NIA
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes
b, What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
small bare h draulic ump s hand o is
c. Will wetlands be cr;,ssed in transporting equipment
to project site? Yes
If yes, explain steps that will be taken to lessen
environmental impacts. .
-essica Penson-Heyder, CCSW
P.O. Box 347
6
Applkant or Protect N'Mi 491.812E
-
SEgn.aMn j 1 i i C
Datt
Revised 03145

N
C(
W(
JESSICA PENSON-HEYDER,TRUSTEE
PLAN VIEW SHEET A
DATE:
233 N. Dogwood Trail
Southern Shores, N.C. 27949
N' 1) V 1 21 �]C 5
!TY
se
stant, remnants
prop. Boathouse
. 1,0501 linear B.H.
.yl in canal -wood on sound)
2 pooring pilings
p. p. and D.
CURRITUCK SOUND N.
Scale: 1­ = 100ft.

Jessica Penson-Heyder,trustee
233 N. Dogwood Trail
Southern Shores, NC 27949
SHEET B
_.'.'.: k
Explanations:
E.C. Existing cottage
E.P. AND D. - existing pier and deck
P.P. and D. - porposed pier (80' X 6') -pier
(20' X 201) deck'
NWL - Normal water level
P. Boathouse- broposed boat house with lift
Fill below NWL (mp- 2 3(g)
Section A- 130' X 15, X 1' deep = 1,950 sq. ft./72 cubic yds.
Section B _- 80' X 15' X 1'deep = 1200 sq ft/44 cubic yds.
Section C = 100' X 7' x 0.6' deer = 700 sq. ft/ 15 cubic yds.
TOTALS: 3,850 sq ft. / 131 cubic yds.
Other: Bulkhead= 740' X 2' X 0.6' = 1,480 sq. ft/33 cubic yds.
TOTAL 164 cubic yds. in water

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Jessica Penson-Heyder, CCSW
P 0. Box 347
POWells Point, NC 27966
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