26175_BAILEY, JAMES A SR_20000717

CAMA and DREDGE AND FILL 26175_- C
G E N E R A L
PERMIT
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 15 NCAC
Applicant Name
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION SKETCH
Pier (dock) Length _r L
Groin Length
number
Bulkhead Length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
State
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 permitta to a fine, imprisonment or civil action; and
may cause the permit to become null and void.
This permit must be on he 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 N rth Carolina Coastal Management Program.
Phone Number
zip
✓, _.. ; (SCALE:.; 2 )
applicant's signature
permit officer's signature
issuing date expiration date
attachments
application fee

L. A. DOWNEY & SON, INC.
P.O. BOX 190 252-223-3171
NEWPORT, NC 28570
PAY
TO THE
ORDER OF.
02301 MI
T4408ENDELL S7REE7
MOREHEZZAD CITY, NC 28557
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PS Form 3811, Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT

UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
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Print your nerve, address and ZIP Code
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PENALTY FOR PRIVATE
USE, $300
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
1 ewp&C4. JAC �35-7ON

•SINDER: 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 provide ou the name of the person delivered
to and the date of delivery. Fore one teas efollowing services are evil a e. onsu t postmaster
or tees an c c ec ox es for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
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Type of Service:
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for Merchandise
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agent and DATE DELIVERED.
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8. Addressee's Address (ONLY if
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requested and fee paid)
6. Si re, A ant
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7. Dee of Delivery -
PS Form 3811, Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT

UNITED STATES POSTAL SERVICE''77/;,_,
OFFICIAL BUSINESS if
SENDER INSTRUCTIONS
Print your name, address and ZIP Code
M the spaoa below.
• Ccraplsb items 1, 2, 3, and 4 on the
revoss.
• Attach to from of article If space
psrrnite, otherwise attic to back of
ertlele.
• Endures ertk b "Return Receipt
Requested" adjacent to number.
i
tLS�ML
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PENALTY FOR PRIVATE
USE, $300
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO _
M� t�tf►c'� 1��1 v�IC'�
R `gin ,Inc
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ADJACEN *r RIPARIAN PROPERTY OWNER sTATEmENT
(FOR A PIERIMOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to 's
(Name of Property weer)
property located at
(Lot, Block Road, etc.)
on Q 2 , in uc�/� �� , N.C.
(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. I understand that a pier/mooring
pilings/boatliftlboathouse 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 the setback requirement.
I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
.Z Z(To he filled in by individual proposing development)
�fbx
Signature
�C/C'��� � "• ���� /� �,?/O� jam- �G��
Print or Type Name
Telephone Number
Date: S-1012.D© 0

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CONC ,SEA- _
S 79020 S 65o EPK IN WOOD
22. $85 „E `�2 4g N SEAWALL
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MAG NAIL SET n
IN OLD CHISEL MARK Z
ON CONC. SEAWALL
q,7 7 ACRES
ADDRESS: 204' OAKLEAF DRIVE, PINE KNOLL SHORES 24
23
EIP— EXISTING IRON PIPE 25 w
IRS— IRON ROD SET - 4' chain link lance
EPK— EXISTING "P.K." NAIL g m
R/'W— RIGHT OF WAY In F,Y lbm?"A
CONC.— CONCRETE
rfi (eve.{
EOP— EDGE OF PAVEMENT
�— CENTERLINE z yI
k°. &92'
2 STORY
" SPLIT LEVEL a0'
REFERENCE: k,.
Io.50, -
LOT 24, BLK. W, PINE KNOLL SHORES, CONC.
MAP BOOK 6, PAGE (j Q) DRIVE
[, (?.U,L 3
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EPK CENTERLINE INTERSECTION
/OAKLEH`r DRIVE & HAWiiiORNE DRIVE
O
(TIE LINE) U oNc.
OAKLFAF 247.90' `' RIVE
9038'36 "
IRS
8E — — 100.66' -
DRIVE N 82045'00,,W EIP
-----60R,,,W
EOP
60 0 60 120 180
GRAPHIC SCALE — FEET
MAP PREPARED FOR:
JAMES A. BAILEY, SR.
I, a W. COLLIE�L, PROFFESSIONAL LAND SURVEYOR, CERTIFY THAT THIS MAP WAS
DRAWN UNDER MY 6WECT SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY FILE TYPE OF SURVEY PHYSICAL
DIRECT SUPERVISION FROM INFORMATION FOUND IN DEED BOOK �g y� PAGE 1 pKS2040L THAT THE RATIO OF PRECISION AS CALCULATED BY COORDINATE I§ S GREATER 1N -
I: 10,000,: THAT THIS MAP WAS PREPARED IN ACCORDANCE WLTTi G.S. 47-30 AS
AMENDED. ,,uu��II��''''''
I FURTHER I �{qI 1jW MORE OF THE FOLLOWING: SCALE 6O'
6, Y WHICH CREATES A SUBDIVUSION OF LAND IN
-T� d�'IPAL.ITY THAT HAS AN ORDINANCE THAT REGLLATES DATE TOilli W.
/ti/:1 / rL7D
-� THA FLAT Is 1 Ex 0 PARCEL OF LAND FEB 27, 2000 Y Qj� li(JJ,aIMR
T4% S PLAT IS A ` iLEY OE' -MOTHER CATEGORY, NAMELY TOWNSHIP PROFYSSTOXLL LAND SURVXYVR LISCNNSZ L-891
��•'"_'�SEA 1 C �"�' ,�- PINE KNOLL
1> 'N -N A 0 THIS SURVEYOR IS SUCH THAT TO THE BES
Fp Mr. Ebs AB NTAINED �•AM TO MAKE A DETERMINATION AS TO THE SHORES 408 dRBNDSLL ST./P.O. BOX 9480
�?k (� U�U COUNTY
w 1 CARTERET YORFE�D NOJtTfI CdRQLINl Sefifi7
�i 0.��\ '— - ---- -- -- STATE PHONE: [phone]
35 AL LAND SUR OR, P. L. S. N L-641 NORTH CAROLINA
D

L. A. DOWNEY & SON, INC. "SINCE 1945"
GENERAL COMRACT ORS
May 8, 2000
Mr. R. J. Babuin
Post Office Box 31708
Raleigh, North Carolina 27622
RE: Proposed Bulkhead Repairs and New
Dock Facilities for Mr. James Bailey at
204 Oak Leaf Drive, Pine Knoll Shores, NC
Dear Mr. Babuin:
NEWPORT DIVISION
I am enclosing a sketch of the proposed improvements for Mr. Bailey's existing bulkhead
and the proposed new dock and boat lift. I am also enclosing a copy of the plot plan for
Lot 24 (Mr. Bailey's lot) and a form to be completed and returned to me (Mr. Bailey's
contractor/agent) in order for us to obtain our required CAMA permit.
Your cooperation and response is appreciated.
Sincerely,
C��
Patrick P. Joyce
Executive Vice President
PPJ/vl
Enclosures
HIGHWAY 70 BYPASS • P.O. BOX 190 • NEWPORT, NORTH CAROLINA 28570
TELEPHONE [phone] • FAX [phone]

Mr. Patrick Joyce
L. A. Downey & Son, Inc.
May 18, 2000
Page 2
revised for more specificity to limit its application to this particular project, I'm sure that my client
would consider signing such a document.
Yours v truly,
Arey W. Grady, II
AWGIIIVjj
Cc: Ray J. Babuin

. i
RAYMOND E. SUMRELL+
JAMES R. SUGG
FRED M. CARMICHAEL
JIMMIE B. HICKS, JR.
SCOTT C. HART
JILL QUATTLEBAUM BYRUM:
AREY W. GRADY, III
DAVID A. BOHMt
• Of Counsel
:Licensed also in South Carolina
tLicensed also in Kansas
SUMRELL, SUGG, CARMICHAEL, HICKS & HART, P.A.
ATTORNEYS AT LAW
Mr. Patrick Joyce
L. A. Downey & Son, Inc.
Post Office Box 190
Newport, North Carolina 28570
310 Broad Street
New Bern, North Carolina 28560
www.nclawyers.com
P.O. DRAWER 889
NEW BERN, NC 28563
[phone]
FACSIMILE
[phone]
May 18, 2000 E-MAIL ADDRESS
[e-mail]
RE: Adjacent Riparian Property Owner Statement
Our Client: Ray J. Babuin
Our File No.: 3162.02
Dear Patrick:
I am in receipt of your correspondence dated May 8, 2000 to Mr. Babuin concerning
contemplated seawall, boat lift, and pier construction for property owned by James A. Bailey, 204
Oakleaf Drive, Pine Knoll Shores, North Carolina.
Initially, my client has no objections to the proposed construction project. However, the
nature of the permit that you have asked my client to sign is unacceptable. The language of the
adjacent riparian property owner statement says that my client will waive the setback requirement
without tying that waiver to a specific project. I assume that the waiver is only for the particular
project at issue, but the permit's language on that point is unclear. Again, my client will consent
to the current project, but my client will not be willing to waive his rights indefinitely.
Furthermore, my client has serious concerns that the proposed construction may impact
my client's property. Please let this correspondence serve as notice that any trespass on or use of
my client's property will result in immediate legal action. Please advise your employees and
subcontractors to pay particular attention to the property line dividing my client's property from
Mr. Bailey's property. I hope that this warning will serve to prevent any trespass of any nature
whatsoever onto my client's property.
Thank you for your attention to these matters. If you have any questions or comments,
please feel free to contact me at your convenience. Similarly, if your required permit can be

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