10709_General Permit_19920403

CAMA AND DREDGE AND FILL
GENERAL -* •
PERMIT
10,709
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an V `��' tI ern pursuant to 15 NCAC
Applicant Name ,Phone Number
A ci rl recc
City
Project Location. (County, State Road, Water Body, etc.)
,
Type of Project Activity
State
:S
Zip _7/
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
applicant's signature
imprisonment or civil action; and may cause the permit to be- i
come null and void.
This permit must be on the project site and accessible to the permit officer's signature
permit officer when the project is inspected for compliance. `
The applicant certifies by signing this permit thlar:1) this pro- ti
ject is consistent with the -local land -use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee
Management Program.

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AS -BUILT OOCK
HOG E'EN GUT
/l LOT NO . 3% E 19 � lAoczToN'S LANV'�'1 NCZ
L1 F EST'C LE GENERAL 0-0tvT9-ACT0R�
W. E. Matth-vs. crtlfy Shot tlN% WALF 'PLO propurW P Eip M 1T 1-4 O \ O Z O 9
I ' frcm an adtusl ne•wy by me. Lnd to tro and aocwats to
D �CD the bast of my knowledyo and hollrf.
Witness my hand and soal.tAls the
All
RatMarw : 'o i28
SEAL
L. 1282
o.
' E. MATTHEWS, R.L..S.
703 WINTERGREEN RD
COVE CITY. N.C. 28523
PHONE (919) 637-T070

LANDING SUBDIVISION
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HORTON S LANDING SUBDIVISION /
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SECTION FOUR
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•� HORTONS LANDING SUBDIVISION
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SECTION THREE
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SOUNDINGS SHOWN ARE BASED ON A WATERLEVEL 0.7'
ABOVE SEA LEVEL NGVD.
r2 5 1992
PREPARED BY
A. 11UG/1 11,4RRIS , f//?
PROFESSIONAL ENGINEER PROPOSED DOCK PLAN
REGISTERED LAND SURVEYOR
ORIENTAL , N.C.
DATE: APR. 17 , 1991 JOB NO. 984 HOG PEN GUT
SCALE: /" = 60' DR % : AD NO. 2 TOWNSHIP PAMLICO COUNTY, N. C.

WY7717FT
MAY 01 02 1!;
�"'�"'••••• • • ••.r.aaaaa�iiis
825 Field Avenue
Plainfield, NJ 07060
27 April 1992
Mr. W. David Noble
Field Representative
P.O. Box 769
Morehead City, NC 28557
Dear Mr. Noble:
This is to notify you that we are withdrawing the appeal for a contested case hearing on
general permit #C-10709 to Charles Rivenbark for a pier at Horton's Landing. Mr. David
Henderson, of Henderson, Baxter & Alford, P.A., of New Bern, NC, is no longer representing
us in this matter.
Mr. David Simpson, of David Simpson Construction Co., has kindly agreed to follow
through on obtaining the necessary approvals for a permit for our own dock on Lot 17, Sail/Loft
Development, Oriental, NC.
Thank you for the time you have expended on our behalf.
Sincerely,
'Iu4coArt
Marilyn Carpenter
cc: Mr. David Simpson

F r
0) FL
MAY 01 02
825 Field Avenue
Plainfield, NJ 07060
27 April 1992
Mr. David Simpson
David Simpson Construction Co.
Route 65, Box 384
Arapahoe, NC 28510
Dear Mr. Simpson:
This is to notify you that we are withdrawing the appeal for a contested case hearing on
general permit #C-10709 to Charles Rivenbark for a pier at Horton's Landing. Mr. David
Henderson, of Henderson, Baxter & Alford, P.A. , of New Bern, NC, is no longer representing
us in this matter.
We would appreciate it if you would proceed to obtain the necessary approvals so that
you can go ahead and put in our own dock on lot 17 in Sail/Loft.
We thank you for your time --and your patience --in dealing with this matter. We look
forward to meeting you to thank you in person the next time we can get to Oriental.
Sincerely,
Marilyn Carpenter
cc: Mr. W. David Noble /

DAVID S. HENDERSON
B. HUNT BAXTER, JR.
BENJAMIN G. ALFORD
BRIAN S. TAYLOR
HENDERSON, BAXTER & ALFORD, P.A.
ATTORNEYS AT LAW
POST OFFICE DRAWER U
NEW BERN, N.C. 28563
April 23, 1992
LAPR2
CST��
607 BROAD STREET
TELEPHONE [phone]
FACSIMILE [phone]
Chairman, Coastal Resources Commission
Department of Environment, Health, and Natural Resources
Division of Coast Management
3411 Arendell Street
Morehead City, North Carolina 28557
RE: General Permit No.: C-10709
Dear Sir:
This makes reference to your letter from W. David Noble, Field
Representative to John and Marilyn Carpenter, dated April 6, 1992.
On behalf of John and Marilyn Carpenter, adjoining owners, we
respectfully request a contested case hearing regarding this
matter.
I trust you will advise me of the date and place of hearing.
Sincerely,
HENDERSON, BAXTER & ALFORD, P.A.
David S. Henderson
DSH/meh
cc/Mr. W. David Noble✓
John and Marilyn Carpenter

e M STA7Z o
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3411 Arendell Street • Morehead City, North Carolina 28557
James G. Martin, Governor
William W. Cobey, Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John and Marilyn Carpenter
825 Field Avenue
Plainfield, NJ 07060
Dear Mr. and Mrs. Carpenter:
Roger N. Schecter
Director
April 6, 1992
Enclosed is a copy of General Permit #C-10709 which was
issued to Lifestyles General Contractors, Inc, Charles Rivenbark
on April 3, 1992 for construction of a pier on Lots #19 and #28,
at Horton's Landing, in Oriental, Pamlico County.
Our office received your objections (through David Henderson
of Henderson, Baxter & Alford) to the project on May 2, 1991 and
your concerns were considered. However, under the General Permit
Standards 7H.1201(b)(2) [copy attached], the project is still
eligible for the General Permit in our opinion.
Under 7J.0301 (see attached), you may request a contested
case hearing from the Chairman of the Coastal Resources
Commission. This request for a hearing must be made within
twenty (20) days from the date of issuance of this permit.
If you have any questions, please feel free to call me at my
Morehead City office, [phone].
Sincerely,
W. David Noble
WDN/dh Field Representative
Attachments
cc: Charles S. Jones
David Henderson
Charles Rivenbark
P.O. Box 769, Morehead City, North Carolina 28557 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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P 233 469 759
RECEIPT FOR `. ERTIF!ED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Heverse
1071
entto
ohn & Marilyn Car
pent
$ggei and
Avenue
�P.
.. State and ZIP Code
Plainfield, NJ
07060
Postage
5
Certified Fee
1. o0
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and DateDekver-Ct,
Return Receipt showing to whom,.
Date. and Address of Delivery
TOTAL Postage and Fees
Postmark or Date G /!

OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address and ZIP Code
In the space below.
• Complete Items 1, 2, 3, and 4 on the
reverse.
• Attach to front of article " space
permits, otherwise affix to beck of
article.
• Endorse article "Return Receipt
Requested" adjacent to number.
1 11 II 1
U:S. IL
PENALTY FOR PRIVATE
USE, $860',
y
RETURN Print Sender's name, address, and ZIP Code In the'space below.'
To N. C. OFFICE OF COASTAL MANAGEMENT
•r
BOX Jf)1J
MOREHEAD CITY, N. C. 28557
Q�
SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you. The return receipt fee will rovide ou the name of the person delivered
to and the date of delivery, Foradditionaltees the o ow,ng services are ava, a e. onsu t postmaster
or fees anti cheCK boxtes)for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery {
(Extra charge) (Extra charge)
3. Article Addressed to: 4. A7rticle Number —•
t h-2' .—'i69-759 �
John & Marilyn Carpenter
825 Field Avenue
Plainfield, NJ 07060
5. Signature = Address
X
x
of Delivery
PS Form 3811, Mar. 1988
❑ istered ❑ Insured
ecei
Certifi ❑ COD
Express Mail ❑ for Merchant
Always obtain signature of addressee
or agent and DATE DELIVERED.
8. Addressee's Address (ONLY ij
requested and fee paid)
* U.S.G.P.O. 1988-212-865
UumtS r ILI nc I unly nct rpr- r

Ci -T- 1'={' 1 11 FF'Of1 HEEIUER"J-11I E:H;� TEF: HLFCiRD TO 2490700 P.01
1
HENVE.RSON, $AXTIER & ALFORD, P.A.
ATTORNEYS AT LAW
POST OFFICE DRAWER U
NEW BERN, N.C. U%3
J.AI, ID 5 HENDEMON 07BROADSTREET
3 HL N 18 +\TEk.1k. TM EP14ONE [phone]
3L\) 011x G. ALFORD FACSIMILE (*IV)$37.7549
DATE: October 2 "" 1991
HB&A FAX # [phone]
r FAXED TO: 249-2?nn
NUMBER OF PAGES INCI.UDINO COVER SHEET: A
TO: _ C. A11En Qropst 7r
ATTN:
FROM: -
SUBJECT.
ADDITIONAL MESSAGE:
"It you have any problem with transmissfOn`
Please call [phone] 6,

2492700 P.02
PAGE MD.
2
DAVID
SIMPSON CONSTRUCTION CO.
A
I'll-IrBox 384
Arapahoe, N.C. 28510
i!A
Telephone [phone]
PROPOSAL SUBMITTED TO:
DATE:
September 12, 1991
I^MK:
J08 NAME-
p:
Marilyn Carpenter
h
19TRERM
STREET:
825 Field Avenue
CITY;STATE:..L.;
T.rry:
Plainfield, N. J,
07060
We hereby submit specifications and estimates for:
AO
-if
P1WL (:>.o'
+
4 1ZIL
/10
i 14 1 147
14 1
4 1 0
A.
Lot 17
x 4
,/a; S Z5 -Z1'x 9"
DOCK $447.3.00
x 4 x 4' T'ol,5 IvNele-,- �,t
7-,,- x 12 Z, P 77, 7o-j-4 0 ALT#1 OO-W
4 G usf 77/0 x 14 e, .57 P, T7
16 7-ip x /4
Alternate #1 Add 2-6"xl6' mooring piles as shown above. ..add $3.84.oq
If accepted initial and date.
?
l.' Filings to be driven where water depth will accomo �Q,-:�51)—
.�datim- barge
•
2. All wood in contact with water treated to 2.5 lbs./cu.ft. othef-'!
treated to .25 lbs./Cu/ft.
3. All oo4nections to be with galvanized nails.
4. This price 1,,eb include a buildings permit fee.
5. The pier location and direction is owners responsibility.
6. 2 x 6 cross braces on each pair of pilings where there is 3'
clearance between decking and water or ground.:(treated to 2..5,lbs-/-
cu-ft.)
CONTINUED ON PAGE 2
a Hancey PROPC'"t TO ?qR"IV" LAMOR AND MATERIALS COMPLETE IN ACCORDANCE WITH THE ASOVS SPECIFICATIONS. FOR. THE jVM or.
DOLLARS I WITH PAY"KHY TO 99 MADE AM 0`0A
upon substantial completion
L MATERIAL Is GVARANTIEKD To 09 As SPECIFIED. ALL WORK TO M9 COMPLETED IN A WORKMANLIKE MANNER ACCOPOOPM TO $T4??*A*O
ACTtCLO. ANY ALTERATION OR DEVIATION FROM ASOVE SPECIFICATIONS INVOLVING EXTRA COSTS. WILL 92 EXECUTED ONLY UPON IVTZN.
;DZR6. AND WILL OCC*MIE AN K RA CHARGE OVER AND ANOVS T"K ESTIMATES. ALL AGREEMENTSCONTINGENT U�Q'q STRIKES. 'A CFNTS
DELAYS MCYONV OUR CONTROL. OWNER TO CARRY FI.F. YOM.AVO AND OTHER NECESSARY INSURANCE. OUR WORKERS ARE FULLY YARSD
WORKMEN'* COMPENSATION INSURANCE- ..t:
Awrmoamto Sj*NATUR%4�'
ACCEPTANCE OF PROPOSAL
ie above prices, specifications and conditions are satisfactory and are hereby accepted; You are authorized to do, the
ok as specified. Payment will be mode as outlined above.
Irept*d: Signature
t. Signatu
He"Tr- TW, Pr"-"—T mr- I- 1- -11. J rl'-Cented VAlhir, irvS
- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -

11: 49 FROM HPIDERS)CIH BARTER ALFORD TO
"D 49 -27 Cl Cl P. 04
44-MP Ot- -SWE I ZOFT -SV901V1,5-1ON, AFMROZ710
IN BOOK 6, P46F JT5
OF THE XMI-X0 COVWTr

OCT-1991 11:49 FRICIM HENDERS"011 BA::::::TEF. ALFORD TFI
P. F17
David Simpson Construction Co., Inc.
Route 65, Box 384
Phone Arapahoe, North Carolina 28510 N.C. License
[phone] Commercial • Residential 9 Marine 8997
Marilyn Carpenter
Page 2
7. We maintain proper license and Workmen's Compensation Insurance-
8. There is fio warranty on any 2.5 treated material by the Wood
Preserver nor the contractor.
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$2.0'
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HORTON S LANDING SUBDI VISION
10, SECT/ON THREE
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HORTON S LANDING SUBD/V/S/ON
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♦ SOUNDINGS SHOWN ARE BASED ON A WATERLEVEL 0.7'
ABOVE SEA L EVEL NG VD.
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HENDERSON, BAXTER & ALFORD, P.A.
ATTORNEYS AT LAW
POST OFFICE DRAWER U
NEW BERN, N.C. 28563
DAVID S. HENDERSON May 2, 1991 607 BROAD STREET
B. HUNT BAXTER, JR. TELEPHONE [phone]
BENJAMIN G. ALFORD FACSIMILE [phone]
North Carolina Division of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
RE: Proposal for Dock and Pilings of Allen Propst
Our File No.: 91-H-14132
Gentlemen:
This has reference to the proposed boat dock at Horton's Landing
Subdivision. A copy of the letter from Allen Propst, Mariner
Realty, Inc., and notice is enclosed for purposes of reference.
Please be advised that I represent Mr. and Mrs. John Carpenter, 825
Field Avenue, Plainfield, New Jersey 07060. They received the
enclosed letter from Mr. Propst on April 26, 1991.
On behalf of my clients, I wish to interpose objections to the
project as presently proposed.
Mr. and Mrs. Carpenter own Lots 16 and 17 as shown on the attached
map. They believe that the proposed dock and the pilings shown
thereon interfere with the riparian rights of Lots 16 and 17 as
well as work an impediment to the access to said lots from the
water and also the dock projects substantially further than other
existing docks along this waterway.
I believe we would be willing to discuss this matter with Mr.
Propst in an effort to resolve our differences and would welcome
that opportunity.
As indicated, we are forwarding a copy of this letter to Mr.
Propst. Thank you for your attention to this matter.
Sincerely,
tE DERSON, 7TER & ALFORD, P.A.
D vid S. Henderson
DSH/�w
Enclosures
cc: Mr. Allen Propst
Mr. and Mrs. John Carpenter
Mr. Benjamin Hollowell

REALTY, INC.
Sales • Property Management • Appraisals s Development
April 22, 1991
John and Marilyn Carpenter
825 Field Avenue
P1ainiield, N.J. 07060
Dear Mr. and Mrs. Carpenter;
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
LAAv n @
Enclosed please find 2 copies of the adjacent riparian landowner agreement
for the construction of a residential boatdock with 2 boatalips on Rogs Pen Gut
in Horton's Landing Sub., Section IV, Lots #19 and #38, near Oriental, N.C.
Also enclosed is full -scaled map of this proposed boatdock.
If you have no objection to this proposed boatdock, please sign and date the
enclosed forms and return one copy back to me in the self-addressed envelope
enclosed for your convenience.
If I can be of further assistance in this matter, please call or write?
Sincerely,
ac 44�4
Allen Propst
Developers of Spinnaker Pbint Subdivision
Post Office Box 740 * Oriental, North Carolina 28571 • [phone]

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HORTONS ILANDINC
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SECTION

qP-T -N RR--� L zED
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MAY U 6 i991
Dear MR. and Mrs. Gar en sit
as an adjacent riparian landowner of
This letter is to notify You plans to construct a es dential
Mr./Mrs. C. Allen Pro st .Tr
ub— Sectlon
boatdook with 2 boatsli s for Lots and #38 Horton 's Iandr�exSnear Orientall .
#19
located at Elo s Pan Gut off Greens
on their property Sectio:x IV, Lots ��19 and 4�38. ,
in the subdivision known as H,orton's Lan_ IjC. The sketch on the reverse
ne r depicts the proposed construction•
side accurately lease Check the
the blaanks
Should You have no objections to this pn),,1, P
nt below, tementp
sign and date , p 0, Boxea
740,oriental, N•C
gtatetne C. Allen Propat, Sr.,
and return this letter to:
as soon as possible.
this proposal, please send your
Should you have objections to ement, P. 0•
NC 2$557. Written comments must be
ana
written commenheado City the NC Division of Coastalthis notice -
received
769, More
received within ten 1U days of zecei t n ten 10 da s will be
Failure to respondin
either
method With
interpreted as
no
sincerely,
a&,,, Al�
to the Project as presently
I have no objection waive that right of objection as
-J—� proposed and hereby
provided in General Statute 113-229•
I have objections to the project as presently proposed
and have enclosed comments'
Signatures
pATEs
285

NORTH CAROLINA
PAMLICO COUNTY
THIS AGREEMENT, made this day of May, 1991 by and
between C. ALLEN PROPST, JR. and wife, LORI H. PROPST,
hereinafter referred to as "the Propsts"; and JOHN A. CARPENTER
and wife, MARILYN CARPENTER, hereinafter referred to as "the
Carpenters";
W I T N E S S E T H:
WHEREAS the Propsts own Lots 19 and 38 of Horton's
Landing Subdivision and the Carpenters own Lots 16 and 17 of
Sail/Loft Subdivision, and whereas all four of the
above -described lots adjoin each other at the head of a body of
water known as "Hog Pen Gut"; and
WHEREAS it is the desire of the parties to construct
individual piers to serve the respective parties lots, however,
due to the converging and overlapping of the parties respective
riparian rights the parties desire to mutually agree among
themselves as to the type and size of dock that each party may
construct.
NOW, THEREFORE, in consideration of the above, the
parties hereby covenant and agree as follows:
1. The Carpenters do hereby agree and consent to the
construction by the Propsts of a pier and walkway of the size
and design shown on the attached map entitled "PROPOSED DOCK
PLAN", prepared by A. Hugh Harris, Jr., PE-RLS dated April 17,
1991.
2. The Propsts agree and consent to the Carpenters
constructing a pier of a similar type and design as the one
shown on the attached plan on the following conditions:
a) Upon the Carpenters agreeing on a proposed plan
they shall tender a copy of said plan to the Propsts for their
review at least 30 days in advance of the permit application.
b) That the plan will be of a similar design and type
as the Propst design and specifically it shall not extend
outward into the waters of Hog Pen Gut any further than that of
the Propsts' plan and be at least 15 feet away from the parties
common line.
IN WITNESS WHEREOF, the parties have hereunto set their
hand and adopted as their seal the typewritten word "SEAL"
appearing beside their names, the day and year first above
written.

MAII..ING ADDRESS:
POST OFFICE BOX 218
BAYBORO. NC 28515
November 21, 1991
Mr. David S. Henderson
HENDERSON, BAXTER & ALFORD, P.A.
Attorneys at Law
P. 0. Drawer U
New Bern, NC 28563
Re: Propst/Carpenter
Dear David:
TELEPHONE:
919-745-5115
FACSIMILE:
919-745-5217
As I have indicated on numerous occasions, Allen is
extremely anxious to get this matter resolved once and for all.
Allen has discussed the matter with Mr. David Simpson and David
tells him that the Carpenters are waiting for you to prepare the
appropriate documentation. If you will let me know what the
Carpenters have agreed to, I will be glad to prepare the
agreements so that Allen may at least proceed with the
construction of his pier. Please let me here from you as soon as
possible.
Sincerely,
HOLLOWELL & HOLLOWELL
iollowell, Jr.
BBHjr:jmf
cc: Mr. Allen Propst iX
r

.A.RINER
REALTY, INC.
Sales • Property Management • Appraisals • Development
April 22, 1991
John and Marilyn Carpenter
825 Field Avenue
Plainfield, N.J. 07060
Dear Mr. and Mrs. Carpenter:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Enclosed please find 2 copies of the adjacent riparian landowner agreement
for the construction of a residential boatdock with 2 boatslips on Hogs Pen Gut
in Horton's Landing Sub., Section IV, Lots #19 and #38, near Oriental, N.C.
Also enclosed is full —scaled map of this proposed boatdock.
If you have no objection to this proposed boatdock, please sign and date the
enclosed forms and return one copy back to me in the self—addressed envelope
enclosed for your convenience.
If I can be of further assistance in this matter, please call or write!
Sincerely,
Allen Propst
Developers of Spinnaker Point Subdivision
Post Office Box 740.Oriental, North Carolina 28571 • [phone]

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear Mk, and Mrs. Carpenter
This letter is to notify you as an adjacent riparian landowner of
Mr. /Mrs. C. Allen Propst, Jr. _ plans to construct a residential
boatdock with 2 boatslips for Lots #19 and #38, Horton's Landing Sub., Section IV.
on their property located at Hogs Pen Gut off Greens Creek near Oriental
in the subdivision known as Horton's Landing, Section IV, Lots #19 and #38. ,
AAX near Oriental , NC. The sketch on the reverse
side accurately depicts the proposed construction.
Should you have no objections to this proposal, please check the
statement below, sign and date the blanks below the statement,
and return this letter to.
C. Allen Propst, Jr., P.O. Box 740, Oriental, N.C. 2857I
as soon as possible.
Should you have objections to this proposal, please send your
written comments to the NC Division of Coastal Management, P. O.
Box 769, Morehead City, NC 28557. Written comments must be
received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be
interpreted as no objection.
Sincerely,
I have no objection to the project as presently
proposed al-li here,y '.:aiV- _ `_ r Pub Of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
Signature
DATE:

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HORTON'S LANDING SUBDIVISION `
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HORTONS LANDING SUBDIC
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SECT/ON FOUR
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AUOVE SEA L £VEL NGVD.
,'la lnRl 1) ter
4 f/UGf/ ,IIARR/,S , ✓R --
lnx r ' sloNAr LN61NEER PROPOSED DOCK PLAN
xt Grs n rr! v l ANU suRVF YOR
ONlll NTAL , NC. .
vt A r0 )- .u)U NO. 984 HOG PEN GU_ T
�t t 60 I.)MM tir AD N 2 /061'NSIIIP PAh11 ICO COUNTY, N.C.

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HENDERSON, BAXTER & ALFORD, P.A.
ATTORNEYS AT LAW
POST OFFICE DRAWER U
NEW BERN, N.C. 28563
DAVID S. HENDERSON May 2, 1991 607BROA1)STREFT
B. HUNT BAXTER, JR. TELEPHONE: [phone]
BENJAMIN G. ALFORD FACSIMILE [phone]
North Carolina Division of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
RE: Proposal for Dock and Pilings of Allen Propst
Our File No.: 91-H-14132
Gentlemen:
This has reference to the proposed boat dock at Horton's Landing
Subdivision. A copy of the letter from Allen Propst, Mariner
Realty, Inc., and notice is enclosed for purposes of reference.
Please be advised that I represent Mr. and Mrs. John Carpenter, 825
Field Avenue, Plainfield, New Jersey 07060. They received the
enclosed letter from Mr. Propst on April 26, 1991.
On behalf of my clients, I wish to interpose objections to the
project as presently proposed.
Mr. and Mrs. Carpenter own Lots 16 and 17 as shown on the attached
map. They believe that the proposed dock and the pilings shown
thereon interfere with the riparian rights of Lots 16 and 17 as
well as work an impediment to the access to said lots from the
water and also the dock projects substantially further than other
existing docks along this waterway.
I believe we would be willing to discuss this matter with Mr.
Propst in an effort to resolve our differences and would welcome
that opportunity.
As indicated, we are forwarding a copy of this letter to Mr.
Propst. Thank you for your attention to this matter.
Sincerely,
HENDERSON, BAXTER & ALFORD, P.A.
David S. Henderson
DSH/diw
Enclosures
cc: Mr. Allen Propst
Mr. and Mrs. John Carpenter
Mr. Benjamin Hollowell

-: 4- F12 -VUE: 1 0 _ 15G.
DAVID S. HENDERSON
B. HUNT BAXTER, JR.
BENJAMIN G. ALFORD
HENDERSON, BAXTER & ALFORD, P.A.
ATTORNEYS AT LAW
POST OFFICE DRAWER U
NEW BERN, N.C. 28563
June 18, 1991
Mr. Benjamin Hollowell
Hollowell & Hollowell
Attorneys at Law
Post Office Box 218
Bayboro, North Carolina 28515
RE: Pier Plan for Propst/Carpenter
Our File No.: 91-H-14132
Dear Ben:
F' _ 9_7 __
607 BROAD STREFT
TF,LETHONF [phone]
FAGS [Ail LF [phone]
I have received a letter from Mr. and Mrs. Carpenter regarding the
above.
First of all, with regard to the proposed agreement which you drew,
I would suggest that with respect to your paragraph 2(a), the same
should read: ". . . for construction of a dock/pier and pilings for
either Lot 17 or 16 or dock/pier and pilings for both, . . .11 I
want to keep their options open for a dock and pilings for each
lot, if it should become necessary or desirable for any reason.
Secondly, we are concerned about the 30 days notice for your
client's review in advance of the permit application. We feel it
best to go ahead and prepare a dock plan, which can be agreed to
now to avoid any argument in the future.
We shall endeavor to prepare a plan as soon as possible to submit
to you.
Sincerely,
H ON, BAXTER & ALFORD, P.A.
ON, BAXTER
David S. Henderson
DSH iyr
cc: Mr. and Mrs. John A. Carpenter

F' _ 13
HF,NDFRWN, BAXTER & ALFORD, P.A.
ATTORNEYS AT LAN
POST OFFICE DRAWER U
NEW BERN, N.C. 28563
DAVFD S. HENDERSON
B. HUNT BAXTER, JR. June 2 5 19 91 TELEPHONE 607 BROAD STREFT
LEPFFUNE [phone]
BENJAMIN C. ALFORD
FACSIMILE [phone]
Mr. Bernard B. Hollowell, Jr.
HOLLOWELL & HOLLOWELL
Attorneys at Law
Post Office Box 218
Bayboro, North Carolina 28515
RE: Propst/Carpenter
Our File No.: 91-H-14132
Dear Ben:
We are in the process of having the pier or piers designed at this
time for the Carpenters. I will have a draft to you as soon as
possible. I think it would be best to have this submitted to you
and approved by your client prior to consenting to his.
I will be in touch with you shortly to finalize it.
Sincerely,
HENDERSON, BAXTER & ALFORD, P.A.
DAVID S. HENDERSON
DSH/meh
cc/Mr. and Mrs. John A. Carpenter

REALTY, INC.
Sales • Property Management • Appraisals • Development
April 22, 1991
Richard and Linda Solby
45 Roundabout Road
Smithtown, N.Y. 11787
Dear Mr. and Mrs. Solby:
CERTIFIED MAIL
RRTURN RECEIPT REQUESTED
Enclosed please find 2 copies of the adjacent riparian landowner agreement
for the construction of a residential boatdock with 2 boatslips on Hogs Pen Gut
in Horton's Landing Sub., Section IV, Lots #19 and #38, near Oriental, N.C.
Also enclosed is a full -scaled map of this proposed boatdock.
If you have no objection to this proposed boatdock, please sign and date the
enclosed forms and return one copy back to me in the self-addressed envelope
enclosed for your convenience.
If I can be of further assistance in this matter, please call or write!
Sincerely,
au__.P_-4.4,
Allen Propst
Developers of Spinnaker Point Subdivision
Post Office Box 740 •Oriental, North Carolina 28571 9 [phone]

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear sir. and Mrs. Solby
This letter is to notify you as an adjacent riparian landowner of
Mr. /Mrs. C. Allen Propst, Jr. plans to construct a residential
boatdock with 2 boatslips for Lots #19 and #38, Horton's Landing Sub., Section IV.
on their property located at Hogs Pen Gut off Greens Creek near Oriental
in the subdivision known as horton's Landing, Section IV, Lots #19 and #38 ,
NC. The sketch on the reverse
sideaccuratelydepicts the proposed construction.
Should you have no objections to this proposal, please check the
statement below, sign and date the blanks below the statement,
and return this letter to: C. Allen Propst, Jr., P.O. Box 740, Oriental, N.C. 28571
as soon as possible.
Should you have objections to this proposal, please send your
written comments to the NC Division of Coastal Management, P. O.
Box 769, Morehead City, NC 28557. Written comments must be
received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be
interpreted as no objection.
)2- !1
Sincerely, bw I
I have no objection to the project as presently
proposed and hereby waive that right of objection as
provided in General Statute 113-229.
I have objections to the project as presently proposed
and have enclosed comments.
Signature
y !k
�1 DATE: '

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SOUNDINGS SIIOWN ARE BASED ON A WATERL EVEL 0, 7-
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t'lft t Ild t) BY
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IwOht5StONAI LN61NEER -- PROPOSED DOCK PLAN
W 6151t tIEO i 4NO SURVEYOR
URIENTAt NC_
u.ut A%',' I'r91 I./0B NO 984 - _— _HOG PEN_ GUT
Al t r 60 0HWN BY AD NO 2 7OWNSIIIP PAM.ICO COUNTY, N.C.

F07- ror

DAVID S. HENDERSON
B. HUNT BAXTER, JR.
BENJAMIN G. ALFORD
BRIAN S. TAYLOR
HENDERSON, BAXTER & ALFORD, P.A.
ATTORNEYS AT LAW
POST OFFICE DRAWER D
NEW BERN, N.C. 28563
April 23, 1992
I.; APR 2 3 1992�
607 BROAD STREET
TELEPHONIC [phone]
FACSIMILE [phone]
Chairman, Coastal Resources Commission
Department of Environment, Health, and Natural Resources
Division of Coast Management
3411 Arendell Street
Morehead City, North Carolina 28557
RE: General Permit No.: C-10709
Dear Sir:
This makes reference to your letter from W. David Noble, Field
Representative to John and Marilyn Carpenter, dated April 6, 1992.
On behalf of John and Marilyn Carpenter, adjoining owners, we
respectfully request a contested case hearing regarding this
matter.
I trust you will advise me of the date and place of hearing.
Sincerely,
HENDERSON, BAXTER & ALFORD, P.A.
David S. Henderson
DSH/meh
cc/Mr. W. David Noble
John and Marilyn Carpenter

HENDERSON, BAXTER & ALFORD, P.A.
POST OFFICE DRAWER U
NEW BERN, N.C. 28563
Chairman, Coastal Resources Commission
Department of Environment, Health, and Natural Resources
Division of Coast Management
3411 Arendell Street
Morehead City, North Carolina 28557

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MAR 2 5 1992
PROFESSIONAL ENGINEER
REGISTERED LAND SURVEYOR
ORIENTAL , NC,
DATE: APR, 17 , 199/ JUG_
SCALE : I" = 60'
PROPOSED DOCK PLAN
HOG PEN GUT
TOWNSHIP PAMLICO COUNTY, NC.

,.. • .
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER)
Ami NDm4FN� v CAn� t`��Ln'1�t 1070°(
I,hereby certify that -I own property adjacent to
CATx C, E'NT3r-)R 's Property
Name
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located at of 38 Hog-Fov's s�i�oa �vviz on
(Lot, Block, Road, etc.)
in }�' rv1L\co Coum kf X.
(Water Body) (Town and/or County)
He has described to me as shown below the development he is
objections .to his
proposing at that location and I have no
proposal. I understand that a pier must be set back a minimum
distance of fifteen feet (15') from my area of riparian access
unless waived by me.
�V vI do not wish to waive•that setback requirement.
do wish to waive that setback requirement.
(TO,
Description and/or drawing of proposed development: �,/Ynq PFI�mi
Y INDIVIDUAL PROPOSING DEVELOPMENT) AMFIYD/�NY Tv
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HORTOV'S LANDING SUBDIVISION
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SECTION FOUR
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SOUNDINGS SHOWN ARE BASED ON A WATERLEVEL Ct7'
ABOVE SEA LEVEL NGVD.
PREPARED BY
A. HUGH H,4RR/S , ✓R.
—PRoTESSIONAL ENGINEER PROPOSED DOCK PLAN
RLGIS7ERED LAND SURVEYOR
ORILNIAL , N.C.-
DATE : APR. !7: 1991 J09 NO. 9d4 HOG PEN GUT
SCALE: I• Go �DRWN BY: AD NO_ 2 TOWNSHIP PAMI_ICO COUNTY, N.C.
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:' �``•<' ',.; ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER)
AMFNDm�N1 y o CAm� R,-emit• to�o�(
I_here
by certify that•I own property adjacent to
�iUFNTanR1C 's property
Name
located at lot 38 I-vo►r's I�c�Nd�N daFouR. ,..on
(Lot, Block, Road, etc.)
vt inlmL�coC.
i �L G ry __— ---
(Water Body) (TOW11 and)or County)
He has described to me as shown below the development he is
and.I
proposing at that location have no objections to his
proposal. I understand that a pier must be set back a minimum
distance of fifteen feet (15') from my area of riparian.access
unless waived by me.
I do not wish to waive that set:)ack requirement.
' I do wish to �•;aive that setback requirement.
Description and/or drawing of proposed development:
B$:
Cf1f2A. pERm i
FILLED . IN BY INDIVIDUAL PROPOSING D of Op`r) AcFauc�E �* S LAN TeNle�v
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SEC UON FOUR I 1
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SOUNDINGS SHOWN ARE BASED ON A WATERLEVEL Q i
ABOVE SEA LEVEL NGVD.
aa'�aaauu•u Yi a�Y /
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i a. L 1425 c s'
PREPARED BY
A, NIGH HIJRR/S , ✓R.
PROFESSIONAL ENGINEER PROPOSED DOCK PLAN
REGIS ICRCO LAND SURVEYOR
OHII.NIAL , N.C. — - --�--'
DAlE : AP?. 17 , l99/ JOB NO. 904 _ HOG PEN GUT
SCALE. r" 60' iDRWN. BY: AD' NO. 2 TOWNSIrIP PAMI_ICO COUNTY, N.C.

TO:
OMNI- FAX
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
James G. Martin
A L Division of Marine Fisheries Governor
it
P.O. Box 769obev, Morehead City, N.C. 28557 William W. CSecretcr6t Jr.
ary
Phone: [phone] or 1.800-682-2632 Fax: [phone] William T.'Direarth
cgector
Dr
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OFFICE:
TELEPHONE:
FAX NUMBER: A 00,'
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TELEPHONE NUMBER:
DMF FAX NUMBER: [phone]
DATE: (p k L� /qq
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