General Permits (8042)

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CERTIFICATION OF EXEMPTION
FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC Subchapter 7K .0203.
Applicant Name Phone Number
Address
City State
Project Location (County, State Road, Water Body, etc.)
Type and Dimensions of Project
The proposed project to be located and constructed as described
above is hereby certified as exempt from the CAMA permit re-
quirement pursuant to 15 NCAC 7K .0203. This exemption to
CAMA permit requirements does not alleviate the necessity of
your obtaining any other State, Federal, or Local authorization.
Any person who proceeds with a development without the con-
sent of a CAMA official under the mistaken assumption that the
development is exempted, will be in violation of the CAMA if there
is a subsequent determination that a permit was required for the
development.
The applicant certifies by signing this exemption that (1) the ap-
plicant has read and will abide by the conditions of this exemp-
tion, and (2) a written statement has been obtained from adjacent
landowners certifying that they have no objections to the
proposed work.
Zip
This certification of exemption from requiring a CAMA permit is
valid for 90 days from the date of issuance. Following expiration,
a re-examination of the project and project site may be necessary
to continue this certification.
Applicant's signature
CAMA Official's signature
Issuing date
Expiration date
Attachment: 15 North Carolina Administrative Code 7K .0203

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July 22, 1992
Office of Coastal Management
Morehead city, NC. 28557
Re. CAYA application for Bernie S. & Lettie W. Guthrie
Salterpath, NC.
I give my permission to Bernie S. & Lettie W. Guthrie, to
connect thier portion of bulkhead onto my bulkhead.
Located on Lot 23, section 3, Salterpath, NC.
James E. Whidden Jr.
Janice M. Whidden

July 22, 1992
Office of Coastal Management
Morehead city, NC. 28557
Re. CAMA application for Bernie S. & Lettie W. Guthrie
Salterpath, NC.
I give my permission to Bernie S. & Lettie W. Guthrie, to
connect thier portion of bulkhead onto my bulkhead.
Located on Lot 23, section 3, Salterpath, NC.

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State of North Carolina
LACY H. THORNBURG Department of Justice
ATTORNEY GENERAL P.O. BOX 629
RALEIGH
27602-0629
September 16, 1992
Mrs. Tammy Pittman Frost
Post Office Box 334
Salter Path, N.C. 28575
Re: Appeal of CAMA Bulkhead Exemption
CMT-12 - 92
Dear Mrs. Frost:
1
S E p 1 1992
ww...w........ ..............
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Enclosed please find a copy of the order issued by the Vice -Chairman of
the Coastal Resources Commission, Mr. T. Erie Haste, Jr., denying your request
for a contested case hearing concerning Mr. Bernie Guthrie's proposal to bulkhead
the shoreline on Lot 24, Section 3 in the Village of Salter Path. You may
appeal the Vice -Chairman's decision by filing a petition for judicial review in the
Superior Court under G.S. 113A-121.1 and Chapter 150B of the General Statutes
within thirty days.
Please note that neither the CAMA exemption under which Mr. Guthrie
proposes to build the bulkhead nor the Vice -Chairman's order alters any legal
rights that you may have under your deed.
Sincerely,
LACY H. THORNBURG
Attorney GeneC )=:_2 ral
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Robin W. Smith
Assistant Attorney General
cc: Bernie Guthrie
Charles Pigott t/
An Equal Opportunity/Affirmative Action Employer

STATE OF NORTH CAROLINA BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
COUNTY OF CARTERET CMT 12-92
IN THE MATTER OF )
REQUEST FOR CONTESTED )
CASE HEARING BY TAMMY ) ORDER
PITTMAN FROST )
In the absence of the Chairman and pursuant to the Internal
Operating Procedures of the Coastal Resources Commission, this
matter came on before the Vice -Chairman of the Coastal Resources
Commission pursuant to N.C.G.S. 113A-121.1(b) and 15A NCAC
7J.0301(b) as a request for a contested case hearing concerning a
CAMA exemption for an estuarine bulkhead on Bogue Sound in the
Village of Salter Path, North Carolina.
Upon consideration of the petition for contested case
hearing and the record documents, I find as follows:
1. Rules adopted by the Coastal Resources Commission at
15A NCAC 7K.0203 exempt from CAMA permit requirements all
estuarine bulkheads built to the specifications set out in that
rule.
2. Applicant Bernie S. Guthrie proposed to construct an
estuarine bulkhead of sixteen feet and four inches in length
landward of the mean high water line on Lot 24, Section 3 on
Bogue Sound in the Village of Salter Path, North Carolina.
3. On August 5, 1992, a duly authorized agent of the
Division of Coastal Management, Department of Environment, Health
and Natural Resources (hereinafter DCM) certified that the
rSEP1 8 1992

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bulkhead construction proposed by Mr. Guthrie was exempt from
CAMA permit requirements pursuant to 15A NCAC 7K.0203.
4. Petitioner Tammy Pittman Frost has alleged that
construction of the bulkhead will interfere with an easement for
water access across some portion of the shoreline on Lot 24 which
benefits her.
5. The hearing request does not document the location of
the easement or the basis for petitioner's claim of right to use
the easement. In the absence of any documentation of
petitioner's right to use an easement over Lot 24, Section 3,
petitioner has failed to demonstrate that she is directly
affected by the permit decision.
6. Petitioner has failed to allege any violation of
coastal management statutes and regulations. Specifically,
petitioner has failed to allege that the bulkhead proposed by Mr.
Guthrie does not meet the criteria for an exemption pursuant to
15A NCAC 7K.0203.
7. The only issue raised by petitioner's hearing request
is whether construction of the bulkhead will infringe on a
property interest, in the form of an easement for water access,
that petitioner claims over some portion of the shoreline on Lot
24, Section 3 in the Village of Salter Path. The nature and
extent of petitioner's easement interest, if any, in the use of
the area cannot be determined from the request for contested case

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hearing and, in any case, cannot be enforced by the Coastal
Resources Commission.
8. The certification of exemption issued by the Division
of Coastal Management notes that the CAMA permit does not
abrogate the legal rights of any person to use existing roads,
driveways or pedestrian paths.
For the reasons stated above, petitioner has failed to
allege a violation of coastal management statutes and rules or to
demonstrate a substantial likelihood of prevailing in a contested
case as required under G.S. 113A-121.1(b) and petitioner's
request for hearing is hereby DENIED.
This the 9th day of September, 1992.
_ �i
T. Erie Haste, Jr., Vic Chairman
Coastal Resources Commi sion

T. ,
S E P 1 8 1992
State of North Carolina � 0—a-lil:
LACY H. THORNBURG Department of Justice
ATTORNEY GENERAL P.O. BOX 629
RALEIGH
27602-0629
September 15, 1992
Mr. Carl L. Tilghman, Chairman
Carteret County
Board of Commissioners
Courthouse Square
Beaufort, N.C. 28516-1898
Re: Appeal of CAMA Exemption
CMT-12-92
Dear Mr. Tilghman:
I received your letter concerning Ms. Tammy Pittman Frost's request for a
contested case hearing concerning the construction of a bulkhead on Lot 24,
Section 3 in the Village of Salter Path after Coastal Resources Commission
Vice -Chairman, T. Erie Haste, Jr., had made his decision to deny the hearing
request. I hope that I can put the Vice -Chairman's decision in the appropriate
context.
The hearing request came before the Vice -Chairman under G.S. 113A-121.1
which requires the Commission to determine whether a hearing would be
appropriate based on the following criteria:
1. Whether the petitioner has alleged that the decision is contrary to a
statute or rule;
2. Whether the petitioner is directly affected by the permit decision;
and
3. Whether the petitioner has a substantial likelihood of prevailing in
the hearing.
In making that determination, the Commission must rely on the information
submitted in support of the petition and the permit record.
In this case, the bulkhead proposed by Mr. Guthrie would be constructed
under a coastal management rule that exempts bulkheads built to certain
specifications from the CAMA permit requirement. The Division of Coastal
Management staff found that the proposed bulkhead would meet all of the
exemption criteria and issued a certification of exemption. As a result of the
exemption, no CAMA permit was involved and in fact Mr. Guthrie was not
required to even obtain the certification (although it is recommended to avoid
inadvertent violations). So long as the bulkhead meets the exemption criteria, it
An Equal Opportunity/Affirmative Action Employer

Mr. Carl L. Tilghman
September 15, 1992
Page 2
can be constructed without
Management.
any authorization by
the Division of Coastal
The Vice -Chairman denied the hearing request primarily because it did not
allege a violation of coastal management statutes or rules. As an exempted
project, the exemption criteria are the only standards that apply; nothing in the
permit record or in Ms. Frost's hearing request indicates that the proposed
bulkhead does not meet the exemption criteria.
The Coastal Area Management Act directs the Coastal Resources
Commission to develop guidelines for the "protection of present common-law and
statutory public rights in the lands and waters of the coastal area"; the
Commission has adopted a number of development standards intended to do so.
In adopting rules and implementing the permit program, the Commission is
authorized only to act to protect public rights and not rights reserved to any
individual or group of individuals. Since the project at issue is exempt, the
Vice -Chairman in this case did not attempt to make any determination of
whether the easement on Lot 24 benefits the general public. In the past,
however, the Commission has looked for either dedication by subdivision plat or
evidence of long-term (20 years), customary use by the general public.
Finally, the certification of exemption notes that the CAMA exemption
does not abrogate the rights of any person or persons to continue to use existing
roads, driveways or pedestrian pathways.
I hope this is of some assistance.
Sincerely,
LACY H. THORNBURG
Attorney General
co.
Robin W. Smith
Assistant Attorney General
cc: T. Erie Haste, Jr. -
Preston Pate

OFFICE OF TIE ATTORNEY GENERAL
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❑ NOTE AND FILE ❑
PER OUR CONVERSATION
❑ NOTE AND RETURN TO ME ❑
PER YOUR REQUEST
❑ RETURN WITH MORE DETAILS ❑
FOR YOUR APPROVAL
❑ NOTE AND SEE ME ABOUT THIS AI
FOR YOUR INFORMATION
❑ PLEASE ANSWER [I
FOR YOUR COMMENTS
PREPARE REPLY FOR MY SIGNATURE ❑
SIGNATURE
❑ TAKE APPROPRIATE ACTION ❑
INVESTIGATE AND REPORT
COMMENTS:

LACY H. THORNBURG
ATTORNEY GENERAL
State of North Carolina
Department of .justice
P.O. BOX 629
RALEIGH
27602-0629
August 27, 1992
Mrs. Tammy Pittman Frost
Post Office Box 334
Salter Path, NC 28575
rP17
UG 3 1 1992
-------------- - -------------
RE: Suspension of CAMA Permit Exemption by Hearing Request,
CMT-12-92, Carteret County
Dear Mrs. Frost:
This is to notify you that your facsimile transmission of August 25, 1992
has been treated as a Third Party Hearing Request for a hearing on the issuance
of a CAMA Permit Exemption to Bernie Guthrie to construct a 16-foot, 4-inch
long bulkhead above the mean high water line on his property at Salter Path.
Your request will be filed with the Chairman of the Coastal Resources
Commission (CRC). Pursuant to G.S. 113A-121.1(b), the Chairman of the CRC
will make a decision within the next 15 days on whether or not your request
meets the requirements for granting an administrative hearing.
The Division of Coastal Management will file a Recommendation with the
Chairman within the next 15 days. If you have any questions regarding that
procedure, please contact Ms. Robin Smith, Assistant Attorney General, at
919-733-5725 or at the letterhead address. She will be advising the Chairman of
the CRC on this matter.
If I may be of assistance, please contact me at 919-733-7247.
cc: Bernie Guthrie
Roger N. Schecter
Charles O. Piggott
Robin W. Smith
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Sincerely,
LACY H. THORNBURG
Attorney eneral
Allen Jer igan
Special Depu t ney General
An Equal Opportunity/Affirmative Action Employer

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State of North Carolina
LACY H. THORNBURG Department of Justice
ATTORNEY GENERAL P.O. BOX 629
RALEIGH
27602-0629
August 27, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bernie Guthrie
Post Office Box 161
Salter Path, NC 28575
RE: Suspension of CAMA Permit Exemption by Hearing Request,
CMT-12-92, Carteret County
Dear Mr. Guthrie:
This is to notify you that Tammy Pittman Frost has filed a Third Party
Hearing Request with the Chairman of the Coastal Resources Commission (CRC)
seeking a hearing on the issuance of a CAMA Permit Exemption to construct a
16-foot, 4-inch long bulkhead above the mean high water line on your property
at Salter Path, in Carteret County, North Carolina.
Pursuant to G.S. 113A-121.1(c), the Permit Exemption (i.e., your
authorization to construct the bulkhead) is automatically suspended until the
Hearing Request is denied or the CRC makes a final decision on this matter.
During the period that the Permit Exemption is suspended, you may not
undertake any development that would be unlawful in the absence of that
exemption, or of a CAMA Permit. G.S. 113A-121.1(c). I understand that the
bulkhead may already be completed. If so, you may not alter it. If it is not
completed, or is partially completed, you may not begin or continue work on the
bulkhead.
The Division of Coastal Management will file a Recommendation with the
Chairman within the next 15 days. You may also want to file a Reply to the
Hearing Request. If so, contact Ms. Robin Smith, Assistant Attorney General, at
919-733-5725 or at the letterhead address. She will be advising the Chairman of
the CRC on this matter.
An Equal Opportunity/Affirmative Action Employer

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Should you have any questions, please contact Charles Piggott, Division of
Coastal Management, at 919-726-7021, or me at 919-733-7247.
Sincerely,
LACY H. THORNBURG
Attorney General
J. Allen Je nigan
Special Depu torney General
JAJ/sd
cc: Tammy Pittman Frost
Roger N. Schecter
Charles O. Piggott
Robin W. Smith
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DATE:
TO: SUBJECT:
From:
North Carolina Department of Environment,
Health and Natural Resources Printed on Recycled Paper
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CARTERET COUNTY COURTHOUSE
Carl L. Tilghman, Chairman
John F. Morris, V. Chairman
William A. Page, Jr.
Robert P. Proctor
David E. Yeomans,
Kenneth N. Windley, Jr., County Manager
BOARD OF COUNTY COMMISSIONERS
Courthouse Square
BEAUFORT, N.C. 28516-1898
September 8, 1992
R r
SEP181992
Ms. Robin Smith
Assistant Attorney General
N. C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
Re: Suspension of CAMA Permit
Exemption by Hearing
Request CMT-12-92
Carteret County
Dear Ms. Smith:
It has been brought to my attention that the above
captioned matter concerns a request for a permit to
construct a bulkhead across an area which has traditionally
been used for an access to Bogue Sound by the community
residents of Salter Path and the public in general. In
recent history, the identification of land ownership and
property rights including right of access to the public
waters were established by the Carteret County Superior
Court in legal action brought by the County Government to
establish ownership for the purposes of taxation.
I am requesting that the Division of Coastal Management
and the Coastal Resources Commission review this permit
request carefully to determine if this proposed bulkhead
lies within a public access and if so, will its construction
impede and prevent the traditional use of that access for
launching small boats and pedestrian use.
It is my understanding that the issue in controversy is
whether this easement area is public or private. I have
reviewed the Court Judgment and some of the deeds that were

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issued as a result, and it is my opinion that there is
nothing to indicate that this easement is not a public
access area.
While our Board has taken no official position in this
matter, I want to convey my personal concerns to the CRC and
ask that they review this permit request closely.
I will be happy to provide any additional information
you may require which will assist in evaluation of the
permit application.
CLT/nt
Sincerely,
Carl L. Tilghman
Chairman
Carteret County
Board of Commissioners