84-0024_Hutson, Thomas_19840316 (2)

nwasiralm
IcIPPUCATION
FOR
� AMA
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d" hen�n
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in oceanfront.
are by thoset1'
rleral Assembly
C„�mmissiSrikto
which minimize
nAe applicant.
e�lop enter-
t 4 ssin"s
ct�entt3,tlle z.
k �iE5lgneGl tQ e '; 'P
�d rrmore time r
n tie applicant �. N,.
what 1 t { atiorl_nE-=.sne-neeos.
AMA r u a ions the minor permit
ed wit days once a complete
in han en less time is needed ,
ect is si p e The process generally
it 18 d "s You can help speed the
rocess king certain that your
is comp c and signed, that your
ieetts thee, a ifications given inside
� your it cation fee is attached. ,
permits a s imetimes required for
lent in thyd stal area. While. these
kMA-re. .kwe.uree you to check
w+a+►+ � �..r �w�a" ... e�. �, , li.�Jn tF.LG4C3[111 l!x
j of these
you rria ��need ,4 iist,ng
in
clud4 ge&othe folder
4 'We appreciate your cooperation with the
North Carolina coastal management program
and your willingness to build in a way which
protects the resources of our beautiful and
productive coast . .
.-, pro
-,,..
'Coastal Resources Commission
'
Of is e of Coastal Management
- _

GENERAL INFORMATION
1. LAND OWNER
Name
5
Address eQ :-R 23 0 k &8
City Ajr- cO State Zip 1 z Phone �% Q3115_31 ✓
2. AUTHORIZED AGENT
Name
Address /mod-
/A
k 7a s A
7i 7
City , I!V! S drE�2 State Af, C Zip Phone
3. LOCATION/DESCRIPTION OF PROJECT
7V ki Al S y in d49�1f�;_ coalfJ 5-N d !-c ,
4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by Local Permit Officer prior to completing application.)
—X_ Ocean Hazard Estuarine Shoreline - Other
5. PROPOSED USE
—. Residential Commerical/Industrial Other
6. SIZE OF BUILDING IN SQUARE FEET:
7. SIZE OF SITE IN SQUARE FEET: i 9 y
This application includes: general information (this This the �,Z�day of
form), a site drawing as described on the back of this 19
application, the ownership statement, the AEC hazard i
notice where necessary, a check for $25.00 made payable
to the locality, and any information as may be 147—
vided orally by the applicant. The details of the applica- Applic is signa ure (or aut rize agent)
tion as described by these sources are incorporated
without reference in ,any permit which may be issued. Indicate below address and phone if not shown above.
Deviation from these details will constitute a violation
of any permit. Any person developing in an AEC without
a CAMA permit is subject to civil, criminal and admini-
strative action.
OTHER PERMITS MAY BE REQUIRED...
The activity which you are planning may require permits other than the CAMA minor permit you are applying
for here. As a service we have compiled a listing of the kinds of permits which might be required. We suggest that
you check over this list with your Local Permit Officer to determine which, if any, of these may apply to your
project. This is not a requirement of CAMA, only a suggestion to help you complete your project as quickly as
possible.
zoning ... drinking water well ... septic tank (or other sanitary waste treatment system)...
burning. :. electrical ... plumbing ... heating and air conditioning ... insulation and energy
conservation ... FIA certification ... sand dune ... sediment control ... subdivision approval
...mobile home park approval. ..highway connection ... others:

BEFORE YOU BUILD ...
Setting Back for Safety: A Guide to Wise Development Along the Oceanfront
When you build along the oceanfront you take a calcu-
lated risk. Natural forces of water and wind collide with tons
of force, even on calm days.
There are no man-made structures guaranteed to survive
the force of a hurricane. Long-term erosion (or barrier
island migration) takes from two to ten feet of the beach
each year and, sooner or later, will threaten oceanfront
structures.
These are the facts of life for oceanfront property owners.
THE RULES
When you build along the oceanfront, coastal manage-
ment rules require that the structure be sited to fit safely
into the beach environment. Specifically, a structure along
the oceanfront must be: (1) behind the frontal dune; and,
(2) landward of the crest of the primary dune; and (3) set
back from the first line of stable vegetation a distance equal
to 30 times the annual erosion rate or 60 feet, whichever is
greater.
The Coastal Resources Commission has adopted rules
for building along the oceanfront. The rules are intended to
avoid an unreasonable risk to life and property and to limit
public and private losses from both storms and long-term
erosion. These rules do not eliminate —but only lessen —the
element of risk in oceanfront development.
As you consider building along the oceanfront, the CRC
wants you to understand the rules and the risks. With this
knowledge you can make a more informed decision about
where and how to build in the coastal area.
THE REASONS
The beachfront is an ever -changing landform. The beach
and the dunes are nature's "shock absorbers", taking the
beatings of the wind and waves and protecting the inland
areas. By setting back 30 times the annual long-term erosion
rate, you have a good chance of enjoying the full life of the
PERMITTED
STRUCTURE;
ADEQUATE
SETBACK
I SETBACK I FIRST LINE OF
I0 STABLENATURAL
30xANNUAL VEGETATION
I AVERAGE I
EROSION
RATE
.4
structure. At first glance, it seems very inviting to build
your dream house as close to the beach as possible but in
five years you could find the dream has become a night-
mare as high tides and storms threaten your investment.
PRE -PERMIT STRUCTURE; INADEQUATE SETBACK
PRE -STORM BEACH PROFILE
i POST -STORM BEACH PROFILE
ONE YEAR AFTER STORM/BEACH REBUILDING
After the storm, the house on the dune will be gone. The other has a much greater chance of survival.
THE EXCEPTION
The Coastal Resources Commission recognized thatthese
rules, passed in June of 1979, might prove a hardship for a
small group of property owners. So there was an exemption
established for lots which cannot meet the setback require-
ments of 30 times the annual erosion rate. The exemption
allows building in front of the setback line under certain
conditions. These are:
(1) the lot must have been platted as of June 1, 1979,
and not capable of being enlarged by combining
with adjoining land under the same ownership; and
(2) development be as far back on the property as possible
and in no case less than 60 feet landward of the
vegetation line; and,
(3) no development can take place on the frontal dune;
and,
(4) special construction standards on piling depth and
square footage must be followed; and,
(5) all other CAMA, State and local regulations must also
be met.
The exemption is not available in the Inlet Hazard Area's
which are especially dynamic.
In seeking this exemption the Local Permit Officer will make these measurements and observations:
required setback from vegetation line max. allowable square footage on lowest floor
exception setback (maximum feasible)
rear property line setback
lot area as calculated from vegetation line
piling length necessary to extend 4 feet below MSL

YOUR PROJECT IS IN AN:
OCEAN ERODIBLE AREA
AEC HAZARD NOTICE
HIGH HAZARD FLOOD AREA
This notice is intended to make you, the appli-
cant, aware of the special risks and conditions
associated with development in this area, which is
subject to natural hazards such as storms, erosion
or currents. The rules of the Coastal Resources
Commission require that you receive an AEC
hazard notice and acknowledge that notice in
writing before any permit for development in this
area can be issued.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration are
designed to minimize, but not totally eliminate,
property losses from the hazards. By granting
permits, the Coastal Resources Commission does
not guarantee the safety of the development and
assumes no liability for future damage to the
development.
The best available information, as accepted by
the Coastal Resources Co' sion, indicates that
uu .�
/ `]2 mmx
Date
RE EKED
MAR 2 0'84
oum •Ec
IN 1_14t-_OAQ-A_Ra:��k EA
the annual ocean erosion rate for the area where
your property is located is '-*'—�' feet per year.
This figure was established by careful analysis of
aerial photographs of the coastline taken over the
past 30 to 40 years.
Studies also ind'cate that the shoreline could
move as much as feet landward in a major
storm.
The flood waters in a major storm are predicted
to be about feet deep in this area.
Shoreline erosion control structures (excluding
beach nourishment and berm projects) are not
allowed to be built to protect development built
after June 1, 1979. Limited pushing up of beach
sand is, allowed to protect new structures when
they are threatened, but bulkheads, groins, or
jetties may not be used to prote bu' i ut in
after June 1, 1979.
The applicant must acknowledge receipt of this information by signing this notice in the
the proper signature, the application will not be complete.
)licant's Signature
above. Without
SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and
erosion. Permits issued in this area expire in six (6) months. To continue your work past that date you must contact'
the local permit .officer before the expiration date for a six month permit extension. This is granted if there is no
change in the project site or if you have made "substantial progress" on your project. Normally a permit can be
extended five (5) times fora total project life of three (3) years. If the site has changed and you have not made progress,
the LPO will 'determine the new vegetation line and apply the earlier setback distance to show you the 'new setback for
your project. IT IS IMPORTANT TO UNDERSTAND THAT YOU MUST RECEIVE OFFICIAL APPROVAL' TO
CONTINUE YOUR WORK AFTER THE EXPIRATION ,DATE ON .YOUR PERMIT. IT IS UNLAWFUL TO
CONTINUE WITHOUT THIS APPROVAL.
FOR MORE INFORMATION, CONTACT:: P
LOCAL PERMIT OFFICER:
ADDRESS:
LOCALITY: ADA g E-
PHONE:
SC/Rev. 6183

SHEAHIN & ARCH13ELL
ATTon EYS' AT LAW
SOUTHERN SHORES LAW BUILDINo
NORMAN W. SIIEARIN, JR
Roy A. ARcxsEzz, JI;TZy HA�YS, NOI?TZi CiAROLZNA
TrAXPRONE [phone]
March 19, 1984
Mr. Russell E. Twiford
Twiford & Lamb
Attorneys at Law
P. 0. Box 99
Elizabeth City, NC 27909
LMAR 2 2'84 J
MAILING ADDRESS:
POST Ozrrlcn Box gas
KITTY BAwx. NC 27040
Re: Lot 1, Sea Hawk South
Subdivision - Thomas H.
Hutson et ux
Dear Russell:
This law firm has been retained by Thomas H. and Cynthia G.
Hutson in connection with the matters that you make reference to
in your letter of March 5, 1984. Please be advised that the
construction of the Hutson cottage was done icconformity
with the
designated setback area as located by the appropriate
officials.
If you have any further questions in regard to this
situation, please contact me.
Yours sincerely,
IS/ ROY A. ARCHBEL4 1R.
Roy A. Archbell, Jr.
RAAjr/r b
cc: r. Nelson G. Paul
Mr. Walter Gregory
Mr. Dwight H. Wheless
Mr. T. Ray Hassell
Dr. Parker Chesson
Mr. David Owens
Mr. Donald E. Chapman
Mr. Thomas C. Holian
Mr. Christopher L. Seawell
Mr. & Mrs. Thomas H. Hutson

OFFICE OF
' North Carolina Department off Natural COASTAL MANAGEMENT
s
- Resources &Community Development °avidwoOwe
or
�. •^••�' • James B. Hunt, Jr., Governor James A. Summers, Secretary Telephone [phone]
Field Services
108 South Water Street
Elizabeth City, N. C. 27909
[phone]
March 16, 1984
Mr. Russell E. Twiford
Twiford & Derrick
Attorneys at Law
203 North Road Street
P. 0. Box 99
Elizabeth City, North Carolina 27909 .
Dear Mr. Twiford:
This is to duly inform you that, as of this date, we have issued
a CAMA Minor Development Permit to Mr. and Mrs. Thomas Hutson for
development on an oceanfront lot on Lot 1 at the Sea Hawk South Sub-
division in Dare County.
Your client, Mr. T. Ray Hassell, III, will be interested in
obtaining this information. If you have any questions concerning this,
or any other related matter, please feel free to contact me at my
Elizabeth City office.
Cordially yours,
Nelson G. Paul/"
Field Consultant
NGP/fob
Enclosures: CAMA Permit
Plat
cc: Preston Pate
teal ter regory w/atts pennit/plat/app.
File 1
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

} Q OFFICE OF
e g� North
tl 1 Carolina Department of
Natural COASTAL MANAGEMENT
= Resources & Community Development David oOwens
. °„,d• James B. Hunt, Jr., Governor James A. Summers, Secretary Telephone [phone]
Field Services
108 South Water Street
Elizabeth City,*N. C. 27909
[phone]
March 16, 1984
Mr. T. Ray Hassell, III
505 Cumberland Avenue
Portsmouth, Virginia 23707
Reference: On -going Residential Development at Lot 2 of the Sea
Hawk South Subdivision near Duck in Dare County
Dear Mr. Hassell:
This letter will confirm our March 14, 1984 meeting at the site of
the above -mentioned property in Dare County. You will recall from this
discussion that information provided by you indicates that your Dare
County Building Permit was obtained on 11/2/83. On 11/1/83, regulations
increasing the size of the ocean hazard area of environmental concern
became effective. At your property, this area was increased .from
95 feet to 155 feet, measured landward from the first line of stable,
natural vegetation. Your house is placed up to 105 feet of the indi-
cated vegetation line and approximately 50 feet inside the area of
environmental concern.
You were provided at this meeting with CAMA Minor Development
Permit application forms and given instructions on how these should be
filled out and what additional information is required. These should be.
submitted to this office as soon as possible in order to be processed.
If.you have any questions concerning this, or any other related
matter, please feel free to contact me at my Elizabeth City office.
Cordially yours,
Nelson G. Pau19
Field Consultalht
NGP/fob
cc: Mr. Russell E. Twiford
teal ter Gregory
File
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer - =

Dare County/(DNRCD) 84-0024
Local Government - Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT Y
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issued to Mr. and Mrs. Thomas Hutson
authorizing developmentin Duck at Lot 1, Sea Hawk South Sub-
division as requested in the permittee's application dated February 24, 1984
This permit, issued on March 16, 1984 , is subject to compliance with the application and site drawing
(where consistent with. the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these
terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
_1. All development will be in accordance with attached application
and plats.
2. Applicant, or applicant's authorized agent, is required to sign
the enclosed AEC Hazard Notice and return this to this office
as soon as possible.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing NelsP
date. From the date of an appeal, any work conducted under this u
permit must cease until the appeal is resolved. Office of Coas al ManaggMQftrmit Officer (signature)
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance. —108 South Water Street
Any maintenance work or project modifications not covered Elizabeth City, North Carolina 27909 name
under this permit require further written permit approval.: [phone]
All work must cease when this permit , expires on
September 15, 1984 address
In issuing this permit it is agreed that this project is consis
tent with the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
the written approval of the Office of Coastal Management. Permitee (signature required if special conditions above apply to permit)

to
l � u
WE ARCHITECTS' STANDARD FORM
c'

AEC HAZARD NOTICE
YOUR PROJECT IS IN AN:
OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA INLET HAZARD AREA
This notice is intended to make you, the appli- the annual ocean erosion rate for the area where
cant, aware of the special risks and conditions your property is located is �. feet per year.
associated with development in this area, which is This figure was established by careful analysis of
subject to natural hazards such as storms, erosion aerial photographs of the coastline taken over the
or. currents. The rules of the Coastal Resources past 30 to 40 years.
Commission require that you receive an AEC
hazard notice and acknowledge that notice in
writing before any permit for development in this
area can be issued.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration are
designed to minimize, but not totally eliminate,
property losses from the hazards. By granting
permits, the Coastal Resources Commission does
not guarantee the safety of the development and
assumes no liability for future damage to the
development.
The best available information, as accepted by
the Coastal Resources Commission, indicates that
Studies also ind'cate that the shoreline could
move as much as feet landward in a major
storm.
The flood waters in a major storm are predicted
to be about feet deep in this area.
Shoreline erosion control structures (excluding
beach nourishment and berm projects) are not
allowed to be built to protect development built
after June 1, 1979. Limited pushing up of beach
sand is allowed to protect new structures when
they are threatened, but bulkheads, groins, or
jetties may not be used to protect buildings put in
after J u ne 1, 1979.
Date Applicant's Signature
The applicant must acknowledge receipt of this information by signing this notice in the space above. Without
the proper signature, the application will not be complete.
SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and,niassive storms and
erosion.' Permits issued in this area expire in six (6) months. To continue your work past that date youmust contact
fft he' local permit ocer'befow the expiration date for a six month permit extension, This is granted'
, if.there is no.
change, in the pro*
ect,site or. if you:have made "substantial -progress" on your, project.' Normally`a permit can be,
extended five (5) times for a total project life of three (3) years: If, the site has changed and you have not made progress,-
LPd. ' 111 "determine the new vegetation line and apply the earllet setback distance to show you the new setback
:for.,
your project..;.1T" IS IMPORTANT. TO. UNDERSTAND THAT, YOU' MUST-RECEIVEt"OFFICIAL`:1PPROVAL TO',
CONTINUE YOUR .WORK IAFTER 'THE EXPIRATION DATE ,ON YOUR PERMIT "1T IS UNLAWFUL'TO`
;CONTINUE WITHOUT THIS APPROVAL
FOR MORE INFORMATION, CONTACT: P �"
LOCAL PERMIT OFFICER: �'L.So 1 q 1—
ADDRESS: I A TOUZ r=E't-
�d�
LOCALITY:
PHONE:
SC/Rev. 6/83

North Carolina Department of Natural
. p
Resources &Community Development
Q a,%. ;®• James B. Hunt, Jr., Governor James A. Summers, Secretary
OFFICE OF
COASTAL MANAGEMENT
David W. Owens
Director
Telephone [phone]
Field Services
108 South Water Street
Elizabeth City, N. C. 27909
[phone]
March 14, 1984
Mr. Russell E. Twiford
Twiford & Derrick
Attorneys at Law
203 North Road Street
P. 0. Box 99
Elizabeth City, North Carolina 27909
Subject: Oceanfront Residential Development by Mr. Thomas H. Hutson
at Lot 1, Sea Hawk Subdivision, south of Duck in Dare
County
Dear Mr. Twiford:
This office received your letter of March 5, 1984, in regards to the
above -mentioned project on behalf of your client, Mr. T. Ray Hassell, III,
of Portsmouth, Virginia. As a matter of record, Mr. Hassell is the adja-
.cent riparian.property owner south of the Hutson property, owning Lot 2 of
the Sea Hawk Subdivision. This residential development of Mr. Hutson's
is currently being reviewed under an after -the -fact CAMA Minor Development
permit application that was submitted to this office on March 2, 1984.' On -
site visits have indicated the proposed residential structure meets the
setback requirements of this office.
The CAMA oceanfront setback for residential structures such as are
being built by Mr. Hutson and Mr. Hassell in this area is measured back
from the first line of stable, natural vegetation landward 60 feet. This
setback has been in effect for this area since establishment by the Coastal
Resources Commission in 1979. Currently, the Hutson structure is measured
to be 90 feet landward of the first line of stable, natural vegetation.
The line shown on Sea Hawk South Subdivision plats and referred to in
the Sea Hawk South Subdivision Protective.Covenant was never, and is not
presently, a CAMA setback line. This line apparently represents the total
ocean hazard area of environmental concern as it existed prior to March 1983.
This 105-foot setback line from the first line of stable, natural vegetation
was apparently obtained by combining our'60-foot setback measurement with
the then -existing 45-foot storm erodible area measurement. Prior to March
of 1983, a property owner could have built without a CAMA permit provided
his structure was aligned so that it would be landward of this 105-foot area.
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

Mr. Russell E. Twiford
Page 2
In March of 1983_this 45-foot storm erodible zone was reduced to
35 feet in this area in association with other changes to the CAMA
erosion rates that were made by the Coastal Resources Commission. This
reduced the previously totalled 105-foot area of environmental concern to
95 feet. After this change, a property owner could have built up to this
point without CAMA permits. This area was again changed in November of
1983 when other rules changes made by the Commission came into effect.
These rules exist to the present; and now any development within 155 feet
of the vegetation line requires CAMA permit authorization, but still with
a CAMA permit, the owner of such property can build a single-family
residential structure up to 60 feet of the first line of stable, natural
vegetation.
As you can see, the line shown.on the Sea Hawk South Subdivision plat,
and referred to in the Sea Hawk South Subdivision Protective Covenants,
relates in no way to our present CAMA permit jurisdiction or to CAMA set-
backs that have ever been in effect at this property. This office has no
requirements or obligations to recognize subdivision deed covenants, nor
do we have any authority to deny permits based on such restrictions. As
you probably well know, such restrictions are characteristically enforce-
able through civil remedies available to the other property owners of the
subdivision.
Since this structure is located in accordance with CRC standards, we
expect to issue a permit for this development when the required public
notice period expires. If. your client desires to attempt an appeal of the
expected positive permit decision of this office, he should contact
Miss Robin .Smith of the Office of Coastal Management Raleigh office at
733-2293 for forms and other information on how this should be requested.
If you have any questions concerning this, or any other related matter,
please feel free to contact me at my Elizabeth City office.
Cordially yours,
h 641"t
Nelson G. Paul
Field Consultant
NGP/fob
cc: Preston Pate, Ch/FSS/OCM
Walter Gregory, Building Inspector/Dare Co.
Robin Smith, Raleigh Office
B.C. Hutson, Route #2, Box 88B, New Freedom, Penn. 17349
File �%

.
6
M 0 6'84
TWIFORD Sc DERRICK
ATTORNEYS AT LAW
OUA - EC
203 N. ROAD STREET
P. O. BOX 99
ELIZABETH CITY, N. C. 27909
RUSSELL E. TWIFORD March 5, 1984
AREA CODE 919
" -
JACK H. DERRICK
TELEPHONE 338-41S1
GARY M. UNDERHILL, JR.
MANTEO. N. C. OFFICE
JOSEPH T. LAMB,. 111 _
-
108 SIR WALTER RALEIGH AVE.
P. O. BOX 48S
MANTEO, N. C. 27954
TELEPHONE [phone]
Mr. Nelson G. Paul
Local Permit Officer
Office of Coastal Management
108 South Water Street
Elizabeth City, N. C. 27909
Mr. Walter Gregory
Dare County Building Inspector
Manteo, N. C. 27954
In Re: Lot 1, Sea Hawk South Subdivision
Plat Cabinet B, Slides 168-169
Deed Book 350, Page 738
Dare County, North Carolina
Thomas H. & Cynthia G. Hutson
R,D. 2, Box 88B (70
New Freedom, Pennsylvania 17349
Gentlemen:
I would appreciate you forwarding to my office
a copy of the
Building Permit and CAMA Permit issued to Thomas H.
and Cynthia G.
Hutson for the construction of a dwelling on Lot 1,
Sea Hawk South
Subdivision.
I have been retained to represent Mr. T. Ray Hassell, III, of
Portsmouth, Virginia who owns the contiguous property to the South,
Lot 2 of Sea Hawk South Subdivision.
Mr. Hassell advised me that construction on the Hutson dwelling
was commenced on or about November 28, 1983 and,.based on the .
information furnished him and his private investigation, 'that said -
Hutson dwelling is being constructed in violation of existing CAMA
regulation set back lines and the Protective Covenants on said
subdivision dated June 7, 1983 and recorded:in Deed Book 346 on
Page 980 in the Office of the'Register of -.Deeds of Dare County which
are by reference incorporated and made apart hereof as if herein
copied word for word.
That the dwelling is constructed over the authorized CAMA set
back line, which was in existence at the time the construction began
and in violation of the set back line on the Sea Hawk South Subidivision
plat and Protective Covenants.

Messrs. Paul & Gregory
March 5, 1984
Page 2
That immediately upon being made aware that the Hutson dwelling
was being illegally and improperly constructed, he notified the
contractor, Mr. Thomas G. Holian; Mr, Donald E. Chapman, General
Partner of Sea Hawk South; Mr. Paul G, Nelson and Mr, Walter Gregory.
That in spite of his best efforts to prevent said construction
of the Hutson house in violation of the CAMA set back line and the
restrictive covenants on the property, construction continued and
has still continued on said dwelling, resulting in an obstruction
of Mr. Hassell's view; requiring architectural changes and dditional
expense and, in his opinion, has substantially effected the -alue
and use of his property because of the present location of le Hutson
dwelling.
Mr, Hassell has furnished me with documentary proof ofl ,he
existing CAMA set back regulations; the restrictive covenant running
with the title to the Hutson and Hassell properties and coAA !s of
correspondence where both his attorney and he have placed N and
Mrs. Thomas H. Hutson; the building contractor, Mr. Thomas Holian;
Mr. Donald E. Chapman of Sea Hawk South and your respectiv offices
on notice of the illegal and improperlocation in which th"Hutson
dwelling was being constructed,
I respectfully request that you make an immediate investigation
concerning Mr. T, Ray Hassell III's complaint and advise me of your
findings as to both the CAMA and Sea Hawk South Protective Covenants.
Mr. Hassell wants the Hutson house brought into conformity with
the existing CAMA laws and the protective covenant building restrictions
immediately, otherwise, he has instructed me to institute appropriate
legal action, which I trust may be avoided.
I will offer my entire file concerning this matter for your
inspection and verification,
I am, under separate cover, forwarding a copy of this letter
to all interested and affected parties for their advance notice and
consideration.
Your usual prompt attention is requested and.would be appreciated.
Please acknowledge and advise me of your findings.
:UUSMSSELL
rs sin
oil A
E. TWIFORD
RET/rws
CC: Mr. T. Ray Hassell, III
505 Cumberland Ave.
Portsmouth, VA 23707

Me9srs. Paul & Gregory
March 5, 1984
Page 3
CC: Dr. Parker Chesson, Chairman
N.C. Coastal Resources Commission
Elizabeth City, N. C. 27909
Mr. David Owens, Director
Office of Coastal Management
P.O Box.27687
Raleigh, N. C. 27611
Mr. & Mrs. Thomas H, Hutson
R.D. 2, Box 88B
New Freedom, Pennsylvania 17349
Mr. Donald E. Chapman, General Partner
Sea Hawk South
420 Bute Street
Norfolk, VA 23510
Mr. Thomas G. Holian
Building Contractor
Kill Devil Hills, N. C, 27948
Mr. Christopher L. Seawell
Aldridge, Seawell & Khoury
Virginia Dare Road, P.O, Box 339
Manteo, N. C. 27954

t P FICA_ OF THE
it �AF(D OF COMMISSIONEI\.•
Ft ;; 0 16 V OWENS. JR.. NAGS HLAD
CHAIRMAN
H R. L.ANGLEY. MANNS HARBOR
VICE CHAIRMAN
T, B GRAY. BUXTON
JOC. LAMB. JR.. KIT rY HAWK
)kMAN L_ MANN. WANCHESE
COUNTY OF DARE
MANTEO, NORTH CAROLINA 27954
March 8, 1984
MAR 12'84
OCM - EC
P. O. BOX 1000
PHONE [phone]
SANDRA W. GAMIEL
SECRETARY AND CLERK
TO THE BOARD
DWIGHT H. WHEIrESS
COUNTY ATTORNEY
Mr. Russell E. Twiford
Twiford & Derrick
Attorneys at Law
203 N. Road Street
P. 0. Box 99
Elizabeth City, North Carolina27909
Re: Your letter dated March 5, 1984 - Thomas H. Hutson
Dear Russell:
Your letter of March 5, 1984 to the Dare County Building Inspector
has been referred to me for response.
You cite a purported violation of CAMA regulations. Dare County
is not involved in the enforcement of CAMA regulations and you will
want to take that issue up with the appropriate officials.
You cite a violation of protective covenants and Dare County is
not in the business of enforcing protective covenants which are private
property rights between those interested.
There having been no violation of zoning nor subdivision regula-
tions apearing to us or' cited in your letter, we see no need to
comment further.
I have asked the Building Inspector to forward to you a copy
of the building permit issued and the same will..be enclosed in this
letter if I receive it in time.
Very truly yours,
<- Dwight H. Wheless
DN.W:g County Attorney
cc: Walter Gregory, Building Inspector
t-Prelson G. PauXANP OF BEGINNINGS
A Mr. T. Ray Hassell

Mr. Twiford
Page -2-
March 8, 1984
cc: Dr. Parker Chesson
Mr. David Owens
Mr. and Mrs. Thomas H. Hutson
Dr. Donald E. Chapman
Mr. Thomas G. Holian
Mr. Christopher L. Seawell

t
}h } + f Natural
Carolina Department
OFFICE OF
North 1 of i atural -COASTAL
MANAGEMENT
Resou & Community Development
David W.
rces
Dirrecec tor
James B. Hunt, Jr., Governor James A. Summers, Secretary
Telephone [phone]
Field Services
108 South Water Street
Elizabeth City, N. C. 27909
[phone].
March 5, 1984
The Coastland Times
P. 0. Box 428
Manteo, North Carolina 27954
Gentlemen:
Please include the enclosed Notice(s) of Filing in the Public
Notice section of the Thurs. March 8, 1984 edition of your newspaper.
If it will not be possible to include these notices in that edition, or
if you should have any questions about these notices, please call me as
soon as possible at 338-1558.
The State Office of Budget and Management requires an Affidavit
of Publication prior to payment for newspaper advertising. Please
send these affidavits, copies of the published notices, and the bill
to Cathey Cottle, Office of Coastal Management, Department of Natural
Resources and Community Development, P. 0. Box 27687, Raleigh, N. C.
27611-7687.
Thank you.
Enclosure: Hutson
Cordially yours,
George H. Wood
Field Consultant
P. 0. Box 27687 Raleigh, N. C. 27611-7687

{
NOTICE OF FILING
OF APPLICATION FOR
CAMA MINOR
DEVELOPMENT PERMIT
Pursuant to NCGS 113A-119(b), the North Carolina Department of
Natural Resources and Community Development Office of Coastal Management,
the State agency authorized to issue CAMA minor development permits in
Areas of Environmental Concern of unincorporated portions of Dare
County, hereby gives Notice that on March 2 1984 ,the
applicant, Mr. and Mrs. Thomas Hutson proposed to construct
an oceanfront residential structure
at Lot 1, Sea Hawk south Atlantic Township in Dare County
Persons desiring
to inspect the application, to comment thereon, or to appeal the local.
decision are directed to contact the local permit officer at the below
address.

Thomas G. HoZ&n o Mchitectu)Lat Deis.ignerc o BuitdeA
Box 725 o Nag. Head, N.C. 27959
February 24, 1984
M.W.C. Heard III
Box 798
Dalghren, Virginia 22448
M. W.C. Heard III:
This letter is to notify you that we are applying for a
CAMA permit for Tom Hutson's home located on Lot 1, Seahawk
South, Duck, North Carolina. We are required to notify you
of the CAMA application as adjacent property owners.
Sincerely,
Thomas G. Holian

Thomas G. Hot ian o Anch i tectwca e Du ignu o BuZedu
Box 725 o Nag.6 Head, N.C. 21959
February 24, 1984
Mr. Hassell
308 Constance Drive
Chesapeake, Virginia
Mr. Hassell:
This letter is to notify you that we are applying for a CAMA
permit for Tom Hutson's home located on Lot 1, Seahawk South,
Duck, North Carolina. We are required to notify you of the CAMA
application as adjacent property owners.
Sincerely,
Thomas G. Holian

BOOK 350 Fa6j 738
• S T AT E of P- ?I
th
PS
A
LZ �t W
(3
U, :E 8
30
Excise Tax 85.00 I Recording rnme. Book- and Page
TaxLot -No. ........................................................................................... Parcel -Identifier No . ...........................................................................
Verifiedby ...... .................................................................. County on the .................. day of ........................................................ 1 19 ............
by..............................................................................................................................................................................................................................
Mail after recording to ..Charles Aycock, Attorney at Law, R�9.�..�PAO.,...North Carolina,27959
.....................................................
.................................................................................................................. ...................................................................................................................
............ ........... . ....................................................
This instrument -wa-s-preparecl.,I%,._;;-.,u.-W,.;:;'.Ii----ECjC- own ...............
Brief description for the Index. I -Lot I-,- Sea Hawk South
NORTH_-CAROLINA:GENERAL WARRANTY.DEED...
THIS DEED made this ........ 9th.. day of ......................_August......................, 1983........ by and between
GRANTOR GRANTEE
SEA HAWK SOUTH, A Partnership THOMAS H. HUTSON and wife
CYNTHIA G. HUTSON
R. D. 2, Box 88B
New Freedom, Pennsylvania 17349,=­
Enter in appropriate biack-for-each party: name, -address, and, If appropriate,: character of entity, e.q. corporation or partnership.
The designation Grantor and- Grantee ed - herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine' feminine or neuter -as -required by context.-
WITNESSETH.- that -the Grantor, -for, &--valuable consideration paid •br the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel. -,of landsituated,im-the J%YA ............ ­­­:*..:..-.. .. .... Atlahti.c ......... "..-_Township,
.......
Dare
County, North Carolina and more,particulaw
. - ......... rly described -as follos:..--!.,
..................................
Lot 1, Sea Hawk South -Subdivision --shown on ­a -map or plat by Quible & Associates, dated
April 23, 1983, duly recorded -in PI at- Cabi net- B, Slides 168-169, Public Registry of
Dare County, North-Carol-ina;-­
7
Lj
N.C. Bar Assoc, Form No. 3 W 2976. Itevised 1977.,.',.
S'k ;- , - 991.

BOOK 350 PAGE 739
The property hereinabove described was acquired by Grantor by instrument recorded in ................
Public Registry of Dare County, North Carolina.
....................................................................................................................................................................................................................................
A map showing the above described property is recorded in Plat Book...B.............................. 511de.$...168-169
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor_ will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Subject to Declaration of.Protective Covenants dated June 7,
Page 980;• Public Registry of'Dare County, North Carolina.
1983 and recorded in Book 346,
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in Its
corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of its oard of Directors, the day and year first
above written
SEA WK SOUT PARTNERS P
-------------------------------------------------------------=- ------------------(SEAL)
(Corporate Name)
By: ---------------------------- 7------------ ------------------ By : -- -
. - -- -- -- - '-----------------------------------(SEAL)
----------------------------President
ATTEST:
ra
------------------------------------------------------------------
____________________________Secretary (Corporate Seal)
.«•« tt::�—i tt_t:�ftJ�/tf ....�.g..,. _-------------------------------------------------------------(SEAL)
S�i�%�'.N�i�CACI�'A�[1QX.----------------------------------County/Cl tj/
'�'• ^ • r. Donald E. Cha General -1.. ;•. C�• % % F I, a Notary Public of the County and State aforesaid, certify that_____________________p_____tal
_____.,___ _
man
Partner and Leonard Wilson Chapman Jr. Partner of Sea Hawk South1 Grantor.
:<.T' > p 7 •�� - _ _ ____ _____ _ ____________________________2-------------------- - - ------ -
-.•,y:_��` personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
• �' �� '•. ':..4��•,� ^ �� hand and official stamp or seal, this _�`_s_ �_ day of ________ _____ ________________, 18$3
i
,J;,,,,.•�•' My commission expires: _ __ ___--_-_- A -a ________ ___ Notary Public
SEAL -STAMP NORTH CAROLINA----------------------------------- County.
I, a Notary Public of the County and State aforesaid, certify that -----------------------------------------,
personally came before me this day and acknowledged that _--_ he Is ___________________________ Secretary of
------------------------------------------------------- a North Carolina corporation, and that by authority duly
given and as the act of the corporation, the foregoing Instrument was signed In Its name by Its _______________
President, sealed with Its corporate seal and attested by ----------- as Its --------------------------- Secretary.
Witness my hand and official stamp or seal, this ------- day of --------------------------- If---_-__-.
My commission expires: ------------------------------- --------- _---_-- Notary Public
The foregoing Certificate(s) of
----------------------------------gff_- _---------------------_- -
-_-__-_ - Q- �- -- - _- --------i_-----------------------------------
--------------------------'------r --- - - - ---' ��_� __
- ------------------------
Is/arc certified to be correct This instrument and this certificate are duly regist1d at the date and time and in the Book and Page shown on the
first page hereof.
__REGISTER OF DEEDS FOR___________________ Dare _COUNT
By-------------------------------------------------------
N.C. Bar Assoc. Form No. 3 0 1976, Revised It??.
Deputy/Assistant-Register of Deeds
RECORDED: a. Ln-R

(JULY Zo, 19a3�
����� 2.0' A6ovt: M.c,.L.
r
d` : •.
o
-LINE. or AvoN
s
e?.CK--MENT ,
N
N
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I Z LOT 2
LroT 1 -
O P-A HAWK
(N
LOT 1 6
S -3,2, 7-" d3 �t
MA,.L .
In -
:A h•oii•3ri•39 w
7 ;
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S
e, - }.. 0- Pig
r74 sil' N o3 3i'r! 29•SG' O
42E�A HAWIol�
&01 FS/W
1, R.L.S., certify that this plat was drawn from an actual field land surves;
that the error of closure as calculated by latitudes and departures is 1 :10,000, that it was prepared in
accordance with G. S. 47-30 as amended.
Witness my hand and seal this ZVTH day of -JULY A.D. 119015
I q, , �—Ze & —Oe"�
N I
�uR,v�YEv �oR
GT.
TOM H. HUTWN ANo WIFE GYNTHlA, Imo. Hl1T�oN
LoT I 7E-A, HAWIA% 00"TH
ATLANTIC TOWNtiNtP - VAFiE GoUNTY - NOFSTH LAAvLINA.
JULY Zoe Ig9,3 f�ilf�if� F�. �oI��MAN
yGAL.E - I's = 4o' .. L-AND SL FziVEYINZf eOMF'ANY
FILE : L.`i. 31 • F•P5. t • P. vil P0.0,09 19rv1 DILL pE�/IL NILLh
vp5. 6Y JPE7 NoFRTH GAP,oLINA �794 S

STATEMENT OF OWNERSHIP
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in
an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA
minor development permit, certify that the person listed as landowner on this application has a significant interest
in the real property described therein. This interest can be described as follows: (check one)
an owner of record title, Titl is vested �tedd in,l4-5 AlrT AQ A) *A �=/,�= e
,4stee Deed Book ,page 73 in the
�
C� C' County Registry of Deeds. '
an owner by virtue of inheritance. Applicant is an heir to the estate of ,V
probate was in County.
if other interest, such as written contract or I ase, explain below o use a separate sheet
attached to this application. f �'P/jSU�
:�©�- �s Air
I
,2
r
O
n
NOTIFICATION OF ADJACENT PROPERTY OWNERS D
r
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that {
1 have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit. 6
(Name) (Address)
s4J,le
A
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot. This explanation was accompanied by recommendations
concerning stabilization and flood -proofing techniques.
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
This the C�day of , 197� J
Land ow er or person authorizedKo act as his agent
for purp ses of filing a CAMA application.
A
I

SITE DRAWING /APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA
minor development permit. The drawing may be simple and not necessarily to scale. The Local
Permit Officer will help you, if requested.
PHYSICAL DIMENSIONS
label roads
label highway right of ways
label local setback lines
label any and all structures and driveways currently existing on property
PHYSICAL CHARACTERISTICS
draw and label mean high water mark (MHW)
%/ draw location of septic tank or filter field
If you will be working in an ocean hazard area:
draw and label dune ridges (note height)
draw and label toe of dune
identify and locate first line of stable vegetation
draw and label setback line under CAMA
draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
draw and label landward limit of AEC
describe terrain (slope)
DEVELOPMENTPLANS
draw and label areas that will be disturbed
--t/— if house to be placed on lot, describe location of house
note size of piling and depth to be placed in ground E_ %�/vf S
draw and label all areas to be paved or graveled /
describe composition of surface
note and list fully all trees and vegetation to be removed or relocated
show landscaping
NOTE TO APPLICANT
Have you:
• completed all blanks and/or indicated if not applicable?
• notified and listed adjacent property owners?
• included your site drawing?
• signed both application and statement of ownership?
• enclosed the $25.00 fee?
• completed an AEC Hazard Notice,if necessary?
SITE NOTICE POSTED
SITE INSPECTIONS
DATE OF ACTION:
ISSUED EXEMPTED
FOR STAFF USE
FINAL INSPECTION
FEE RECEIVED
DENIED APPEAL DEADLINE (20 days)