13-97_McGlees, Dennis_19970808

r . LT 1 l997' i
I
State of North Carolina
Muctt: E.I. F. I)c piminc-ni c> histic e
Al -RA EY taanlalnl• I'. 0. 1V *Z 621)
RALER N I REPLYTO: Robin W.Smith
- Environmental Division
2 i 602- )G29 Tel. [phone]
Fas.(9191'I6-6769
September 30, 1997
Mr. Richard L. Stanley
Attorney at Law CERTIFIED MAIL
P.O. Box 150 RETURN RECEIPT REQUESTED
Beaufort, N.C. 28516
Re: Order Denying Request for Contested Case Hearing
Dear Mr. Stanley:
Enclosed please find a copy of the order entered by the Chairman of the Coastal
Resources Commission denying the request for a contested case hearing submitted on behalf of
Mr. and Mrs. Claud L. Dunn. The Dunns may appeal the decision by filing a petition for judicial
review in the superior court of Carteret County within thirty (30) days after receipt of the order.
Please note that a copy of any petition must be served on the agent for service of process for the
Coastal Resources Commission at the following address:
Mr. Richard Whisnant
General Counsel
Dept. of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611
Please call if you have any questions.
ro , ly Yo
Robin W. Smith
Assistant Attorney General
cc: Dennis McClees
Tere Barrett (DCM - Morehead City)
Mary Dee Carraway
0

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STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF: )
REQUEST FOR CONTESTED )
CASE HEARING BY CLAUD L. )
DUNN and wife JOANNE DUNN )
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 97-06
This matter came on before the Chairman of the Coastal Resources Commission as a
request for a contested case hearing pursuant to N.C.G.S. § 113A-121.1 and 15A 7J.0301. Claud
L. Dunn and Joanne Dunn (hereinafter "Petitioners") filed a Third Party Hearing Request
pursuant to N.C.G.S. § 113A-121.1 seeking permission to file a Contested Case Petition to
challenge the issuance of CAMA Minor Development Permit No. 13-97 issued to Dennis
McClees for construction of a single-family residence near Goose Creek in Carteret County,
North Carolina.
Upon consideration of the petition for contested case hearing and the recommendation of
the Division of Coastal Management, Department of Environment, Health and Natural
Resources, the Chairman makes the following:
FINDINGS OF FACT
1. Dennis and Linda McClees own property at 247 Live Oak Road, in Carteret County
North Carolina. The McClees property is located off Bogue Sound, near Goose Creek, in the
Estuarine Shoreline AEC. The portion of Bogue Sound that is adjacent to the McClees property
is classified as Outstanding Resource Waters ("ORW"). The shoreline is bulkheaded.
2. At some time prior to July 8, 1997, Mr. McClees removed the house and septic
system that were previously located on his property and installed a new septic tank and

2
drainfield. McClees added approximately four feet of fill material where the new septic tank was
to be located and added fill to the area where he planned to construct a single family residence.
All of this development was undertaken without a CAMA Minor Development Permit.
I On July 8, 1997, Tere Barrett, a DCM Field Representative, issued a Notice of
Violation requesting that Mr. McClees immediately cease and desist the unauthorized
development activity. The Notice of Violation included a restoration plan which required:
(a) The installation of silt fencing or other adequate sedimentation/erosion control
barriers immediately around all unconsolidated material in order to prevent the movement of
material in storm events; and
(b) A stormwater plan sufficient to prevent runoff from Mr. McClees property onto
adjacent properties was required to be submitted to DCM in coordination with the Division of
Water Quality. The approved system had to be installed and properly functioning prior to any
additional development of the site.
4. On August 8, 1997, DCM issued CAMA Minor Development Permit No. 13-97 to
Dennis McClees for the development of a single family residence at 247 Live Oak Road,
Newport, North Carolina, in Carteret County. The permit required that a portion of the fill
material be removed and the lot regraded so that its final elevation would be "within one foot,
more or less" of its pre-existing ground level.
5. Petitioners own property at 249 Live Oak Road, Newport which is adjacent to Mr.
McClees property. On August 29, 1997, the petitioner filed a Third Party Hearing Request to
contest the permit.

M
6. Petitioners' hearing request alleged that the permitted project would result in increased
runoff onto Petitioners' property leading to ponding of water, erosion and other problems.
Based on the foregoing Findings of Fact, the undersigned makes the following:
MMMM&WINNO
1. For purposes of N.C.G.S. § 113A-121.1(b), Petitioner is directly affected by the
permit decision in that Petitioner owns real property adjacent to the project site.
2. Petitioner's hearing request alleges violation of specific sections of the Coastal Area
Management Act.
3. Petitioner failed to allege facts or make legal arguments demonstrating that the request
for the hearing is not frivolous within the meaning of the statute in that:
(a). Coastal management statutes and rules do not address stormwater management
except in limiting the amount of impervious surface within the Estuarine Shoreline AEC and
Petitioner has alleged no facts suggesting that the permitted project will exceed those limitations.
Neither CAMA nor the rules adopted by the Coastal Resources Commission pursuant to CAMA
regulate the impacts of altered drainage patterns on adjoining properties. As a result, Petitioner's
concerns about stormwater runoff do not state a grounds for denial of the CAMA permit.
(b) None of the facts set forth in Petitioners' hearing request suggest that the site is now
in violation of the requirements of the Sedimentation Pollution Control Act, N.C.G.S. §
113A-50, et seq., or that construction and site preparation as permitted under CAMA Minor
Development Permit No. 13-97 will result in violations of that Act.
(c) None of the impacts alleged by Petitioners would "unreasonably endanger life or
property" within the meaning of N.C.G.S. § 113A-120(a)(6).

4
Therefore, Petitioner's request for a contested case hearing is hereby DENIED.
This the 2— day of September, 1997.
b
`
Eugene B. Tomlinson, Jr., Chairman
l
Coastal Resources Commission `'

NUC tAEL F. EASLEY
ATTOIAN SY 6ENERAL
Mr. Richard L. Stanley
Attorney at Law
P.O. Box 150
Beaufort, N.C. 28516
All
F'
State of North Carolina
I )r )artment Of .justice
P. O. IIOX 629
RALEMI-I
2 i OO2.OG22 )
September 16, 1997
Re: CAMA Hearing Request by Claud L. Dunn
Dear Mr. Stanley:
REPLY TO: Robin W. Smith
Environmental Division
Tel. [phone]
Fa:.[phone]
'K\F DISEP 2 2 1997
D IViS1().. JF
COASTAL MAl4AGEt4EWrI
The Chairman of the Coastal Resources Commission has decided to deny the hearing
request submitted on behalf of Mr. and Mrs. Claud L. Dunn. Petitioners will receive an order,
signed by the Chairman, setting out the grounds for his decision.
The petitioners may appeal the Chairman's decision by filing a petition for judicial
review in the superior court pursuant to N.C.G.S. §§ 113A-123(a) and 150B-45 within thirty (30)
days after you receive the Chairman's order.
Please call if you have any questions.
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
cc: here Barrett
Mary Dee Carraway
Dennis McClees

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Locality
GENERAL INFORMATION
LAND OWNER
Permit Number
Name .t79"/A//S
Address
City �/�'��o QT State Al Zip o�ZSS%a Phone 3 575 %y2 g
AUTHORIZED AGENT
Name
Address
City
State Zip
Phone
LOCATION OF PROJECT '/301r,ec% Sa u r✓ a 41i4o<
(If not oceanfront, is waterbody natural or manmade?)
DESCRIPTION OF PROJECT _:&A 11 X )S ew h h roN-_ —�' 11 t� c,11--e, � d
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard Estuarine Shoreline 'A_ORW Shoreline Other
PROPOSED USE
Residential Commercial/Industrial Other �o
SIZE OF BUILDING IN SQUARE FEET SG
Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet
of anORW shoreline) �O-d L S 7¢ v wati
SIZE OF SITE IN SQUARE FEET 250
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 com-
plied 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 LAMA, only a sugges-
tion to help you complete your project as quickly as
possible.
Zoning, Drinking Water Well, Septic Tank (or other
sanitary waste treatment system), Burning, Electri-
cal, Plumbing, Heating and Air Conditioning, In-
sulation and Energy Conservation, FIA Certifica-
tion, Sand Dune, Sediment Control, Subdivision
Approval, Mobile Home Park Approval, Highway
Connection, Others:
1

APPLICATION FOR
n
JUN 2 -
CMA
7 997 Y A
p .:.MINER
" DEVELOPMENT
{ PtR/IIT.
ri 5
the Coastal Area Mana ement Act andset`ttie sta 6'foi
In 1974, the North Carolina General Assembl p
g gef r
k guiding development in the fragile and,productive areas",
s G hwhich bordertestates sounds d oceanfront. Along
p -
-.a
�. with requiring special care by those who build `and
''-� �" the,General Assembl directed the Coastal
develop, � Y
"
. ,
�
Resources ions which smin' � the burden on {blear re la
o e applicant.
Ii
x ' " This a lication for a minor develo merit ermit under
PP
p
CAMA is`part of theConimission's effort to meet the
( -- spirit and�mtdnt of the General Assembly, It has been`
designed to be straightforward and require no more
time or effort necessa `from the applicant. Please go
over this folderwith the Local Pe`rmit Officer (LPO)'for
locality m which
he . t h you plan to build to be certain that
you understand what information he'oFshe needs:
3, :e
t
h,
x - "under CAMA regulations, the minor permit is to be
issued within 25 days once a complete application isIn,
�. ;hand: Often less'tune is needed if the project is simple.';
e' rocess generally takes
:about 18 days. You cane"
Th p
`speed the approval process by making certain that your
application is complete and signed, that your drawing
meets the specifications given inside and that your.
4 application fee is attached.i
a" Other permits are sometimes required for development;
Whit a are not CAMA-related,,°'
he coastal area. t
e'urgeyouu to;chec ith e Local Permit Officer to
-- redetermine which of:these you may need. A listing ism '
___ incliide&on^page 2 of this folder.
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.
.-
`� Coastal Resources Commission
r Division of Coastal Management
a
... '. � ♦ tea^ _

STATEMENT OF OWNERSHIP
I, the undersigned, an applicant for a CAMA minor development permit, begin 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 sig-
nifican interest in the real property described therein. This interest can be described as follows: (check one) 7� ?
�cx£fs
Tan owner of record title, Title is vested in see Deed Book 1 JJ40'
page /min the e,4A r;&CE5' County Registry of Deeds.
an ow3
ners bvirtue of inheritance.
Applicant is an heir to the estate of
probate was in
County.
if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I
have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
(1) Leo.✓ 61-1100 V �,�� L�df ",A� ,-T Al e-
(2) rytJ ISQPG :t Sr ,;01-rA✓ tsdfL 2 g sue?
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD 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 floodproofing 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 application includes: general information (this form), a site drawing as described on the back of this ap-
plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 made payable to
the locality, and any information as may be provided orally by the applicant. The details of the application as
described by these sources are incorporated without reference in any permit which may be issued. Deviation
from these details will constitute a violation of any permit. Any person developing in an AEC without a per-
mit is subject to civil, criminal and administrative action.
This the / 9 day of ,''C"-Al E ,19 9'? .
Land owner or person authorized to act as his agent
for purposes of filing a CAMA permit application.
a
n
a
ou
a

SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor develop-
ment 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 highways 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 the 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)
DEVELOPMENT PLANS
draw and label areas that will be disturbed
if a house is to be placed on lot, describe location of house
note size of piling and depth to be placed in ground
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 $50.00 fee?
*completed an AEC Hazard Notice, if necessary?
FOR STAFF USE
Site Notice Posted Final Inspection Fee Received
Site Inspections
Date of Action: Issued Exempted Denied Appeal Deadline (20 days)

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF: )
REQUEST FOR CONTESTED )
CASE HEARING BY CLAUD L. )
DUNN and wife JOANNE DUNN )
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 97-06
This matter came on before the Chairman of the Coastal Resources Commission as a
request for a contested case hearing pursuant to N.C.G.S. § 113A-121.1 and 15A 7J.0301. Claud
L. Dunn and Joanne Dunn (hereinafter "Petitioners") filed a Third Party Hearing Request
pursuant to N.C.G.S. § 113A-121.1 seeking permission to file a Contested Case Petition to
challenge the issuance of CAMA Minor Development Permit No. 13-97 issued to Dennis
McClees for construction of a single-family residence near Goose Creek in Carteret County,
North Carolina.
Upon consideration of the petition for contested case hearing and the recommendation of
the Division of Coastal Management, Department of Environment, Health and Natural -
Resources, the Chairman makes the following:
I. Dennis and Linda McClees own property at 247 Live Oak Road, in Carteret County
North Carolina. The McClees property is located off Bogue Sound, near Goose Creek, in the
Estuarine Shoreline AEC. The portion of Bogue Sound that is adjacent to the McClees property
is classified as Outstanding Resource Waters ("ORW"). The shoreline is bulkheaded.
2. At some time prior to July 8, 1997, Mr. McClees removed the house and septic
system that were previously located on his property and installed a new septic tank and

{
3
6. Petitioners' hearing request alleged that the permitted project would result in increased
runoff onto Petitioners' property leading to ponding of water, erosion and other problems.
Based on the foregoing Findings of Fact, the undersigned makes the following:
1. For purposes of N.C.G.S. § 113A-121.1(b), Petitioner is directly affected by the
permit decision in that Petitioner owns real property adjacent to the project site.
2. Petitioner's hearing request alleges violation of specific sections of the Coastal Area
Management Act.
3. Petitioner failed to allege facts or make legal arguments demonstrating that the request
for the hearing is not frivolous within the meaning of the statute in that:
(a). Coastal management statutes and rules do not address stormwater manaLyement
except in limiting the amount of impervious surface within the Estuarine Shoreline AEC and
Petitioner has alleged no facts suggesting that the permitted project will exceed those limitations. �--
Neither CAMA nor the rules adopted by the Coastal Resources Commission pursuant to CAMA
regulate the impacts of altered drainage patterns on adjoining properties. As a result, Petitioner's
concerns about stormwater runoff do not state a grounds for denial of the CAMA permit.
(b) None of the facts set forth in Petitioners' hearing request suggest that the site is now
in violation of the requirements of the Sedimentation Pollution Control Act, N.C.G.S. §
113A-50, et seq., or that construction and site preparation as permitted under CAMA Minor
Development Permit No. 13-97 will result in violations of that Act.
(c) None of the impacts alleged by Petitioners would "unreasonably endanger life or
property" within the meaning of N.C.G.S. § 113A-120(a)(6).

State of North Carolina
`IICHAU1. F. E:."I.FY I)cparl(nx-ni U(.lusf ce
A170 1a.1uY GUNERn1. P. (). Ii( )X 629
R:V.lIGH
27602 0629
September 16, 1997
Mr. Richard L. Stanley
Attorney at Law
P.O. Box 150
Beaufort, N.C. 28516
Re: CAMA Hearing Request by Claud L. Dunn
Dear Mr. Stanley:
REPLY TO: Robin W. Smith
Envimmenul Division
Tel. [phone]
F&i.(919)716-67.67
1 �-
J ' !
SrP 22110197�`��
DiV11,15 U.. JF
COASTAL MA14AGEP4ENT
The Chairman of the Coastal Resources Commission has decided to deny the hearing
request submitted on behalf of Mr. and Mrs. Claud L. Dunn. Petitioners will receive an order,
signed by the Chairman, setting out the grounds for his decision.
The petitioners may appeal the Chairman's decision by filing a petition for judicial
review in the superior court pursuani to N.C.G.S. §§ 113A-123(a) and 1 0B-45 within thirty (30)
days after you receive the Chairman's order.
Please call if you have any questions.
cc: here Barrett
Mary Dee Carraway
Dennis McClees
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
I--,'
.,.+cam-

' DCM FORM 5
PETITIONER'S NAME Claud L. Dunn, --Jr. and wife,
JoAnne 0. Dunn
COUNTY Carteret
FILE NUMBER
(Petitioner leave blank)
PLEASE TARE NOTE that the undersigned, a person
one):
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DECISION
< < ScP 0
=t 'e`� ision -of {zheck
X a' Local Permit Officer acting on a CAMA Minor Development Permit
Application; or,
The Division of Coastal Management, Department of Environment, Health, and
Natural Resources and Community Development, acting on a CAMA Major
Development Permit Application
hereby requests permission from the Coastal Resources Commission to file an apt>eal pursuant
to G.S. 113A-121.1(b).
Requests are reviewed by the Chairman of the Coastal Resources Commission to
determine whether a hearing should be granted. The determination of whether to grant a hearing
is in the sole discretion of the Chairman. [15A NCAC 7J.0301(b)]
Factors considered by the Chairman in dete.,nining whether to grant a hearing are as
follows: (You must address these factors before your Request willbe reviewed.) Exh i b it B .
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G.S. 113A-12.1.1(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) WhetTier the Petitioner is directly affected by the permit decision. [G.S. 113A-
12 1. 1 (b) (2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the prope:ry to be developed
who can show that the proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public trust.
Please state below in what way you are a person directly affected by the
permit decision.
:ECEEiVED
COASTAL MANAGEMENT

-2-
(c) Whether the Petitioner has alleged facts or made legal arguments that
deomonstrate that the request for the hearing is not frivolous. [G.S. 113A-
121.1(b)(3)]. Summarize the evidence you will present at a hearing in support
of your appeal.
August 26, 1997 Richard L. Stanley, Attorney at Law
Date r Naeoftitioer
Sig
P. 0. Box 150, 113 Turner Street
Address
Beaufort, NC 28516
City State Zip
[phone] ext. 25
Telephone Number
NOTE: Denial of a request for hearing is a final derision which may be appealed
under G.S. 113A-121.1(b) and Chapter 150B, Article 4.
NOTE: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has been a
final decision by the local government on the Permit Application. (15A-
NCAC 7J.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20)' days after the decision by the Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. [15 NCAC 7J.0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Box 27687
Raleigh, Norh Carolina 27611-7687 _

-3-
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Third Party Hearing Request has been served on the
following by depositing a copy of it with the United States Postal Service with sufficient postage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27602-0629
This the day of August-19 97
Sig titi r or Attorney
Ri a Stanley
Attorney at Law
REVISED: September 6, 1995

" EXHIBIT A
-DCM — CARTERET COUNTY
Local Government
. .
13-97
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT'-
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issued to DENNIS McCLEE_S _-, authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek as requested in the permittee's application, dated June 19 , 19 9 7
This permit, issued on Au g u s t 8 . 19 9 7. is subject to compliance with the application and site drawing (where consistent
with the permit), all applicable regulations and special conditions and notes setforth 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Cade requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
cermit officer when the proiect is inspected for compliance.
Any maintenance work or proiect modifications not covered
under this cermit recuires further written permit acorovai.
All :"JC(, must ce25e when this permit eXClres on December
i, 2000
In issuing t~is cermit it is agreed ;hat this prziect is consistent
,.vith the !coal Lard Use Plan and all acolicabie ordinances.
This permit may nct be tiansferied tC anCt`er party withcut
to L4rlit8r, _nc cval c;l the Divlsicr „--Casta: :lanacement.
Local Perr-mit Cfficer (sicrtatt:r)
Tere Barrett, Field Rep.
NC Division of Coastal Management-
151—B Hwy. 24, Hestron Plaza II
acc._ss
Morehead City, NC 28557
Tat (Q1Q) 9Q8-990$

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: MCCLEES
Comment: WEST SIDE SWALE
Solve For Depth
Given Input Data:
Left Side Slope..
Right Side Slope.
Manning's n......
Channel Slope....
Discharge........
Computed Results:
Depth.. _........
Velocity.........
Flow Area........
Flow Top Width...
Wetted Perimeter.
Critical Depth...
Critical Slone...
Froude Number....
3.00:1
(H:V)
3.00:1
(H:V)
0.033
0.0025
ft/ft
0.45 cfs -
0.44
ft
0.79
fps
0.57
sf
2.62
ft
2.76
ft
0.27
ft
0.0333 ft/ft
0.30
(flow is Subcritical)
b
r AU6 U 4 199,E f
-----------
Open Channel Flow Module, Version 3.12 (c) 1990
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design ,
Open Channel
- Uniform flow
Worksheet Name: MCCLEES
Comment: EAST SIDE SWALE
Solve For Depth
r
Given Input Data:
Left Side Slope..
3.00:1 (H:V)
Right Side Slope.
3.00:1 (H:V)
Manning's-n......
0.033
Channel Slope....
0.0025 ft/ft
Discharge........
0.32 cfs ._.
Computed Results:
Depth............
0.38 ft
Velocity7........
0.72 fps
Flow Area........
0.44 sf
Flow Top Width...
2.30 ft
Wetted Perimeter.
2.43 ft
Critical Depth...
0.23 ft
Critical Slope...
0.0348 ft/ft
Froude Number....
0.29 (flow is Subcritical)
'•IL
1�
Open Channel Flow Module, Version 3.12 (c) 1990
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

EXHIBIT B
1. The statutes or regulations violated by this permit
decision are as follows:
a. N.C.G.S. 113A-120(a)(6) and N.C.G.S. 113A(b)(6).
b. N.C.G.S. 113A-120 (a) (8) . —
c. N.C.G.S. 113A(b ,4).
d. N.C.G.S. 113A-57.
The factors which show that the above statutes and regulations
have been violated are in part as follows:
a. Petitioners' engineer has determined that the McClees lot
will not'drain to the road as the northernmost portion of the lot
near the street on which the McClees lot fronts is approximately 1
foot 10 inches higher in elevation than the southern portion of the
lot at the seawall, using existing grade, so that the lot slopes
almost 2 feet from the street towards Bogue Sound. A 1 foot swale
with a 6 inch variance with the amount of runoff from the filled
lot will not contain the stormwater runoff and will pond the same
on the adjoining property, causing flooding, septic tank failure,
mosquito breeding, and contamination of Bogue Sound from the
runoff.
b. The existing seawall is higher than the filled portion of
the lot near the seawall so that as water runs off the house and
septic tank area which has been filled significantly above the
existing grade, there is no place for the water to run except onto
adjoining properties, thereby ponding the runoff, causing erosion,
and other environmental problems.
C. The minor permit as issued allows such variance in
construction and measurements so as to make the depth of the swales
and the amount of fill to be removed essentially meaningless and
gives the land owner almost complete unrestrained control.
2. The Petitioners herein. are directly affected by the
permit decision as they constitute the property owners immediately
west of and adjoining the McClees lot. The Petitioners have
already shown the Office of Coastal Management that ponding will
occur on their property from stormwater runoff. The development
will have significant adverse effect on both the value and
enjoyment of the Petitioners' property because significant amounts
of stormwater will stand on their property, causing the soils to
become wet and affecting septic tank and nitrification lines
efficiency. Additionally, Petitioners' foundation and timber could
be effected by fungus from the wet soils as well as the breeding of
mosquitos.

This lot as well as the adjoining lots in the Daisy Sanders
Koonce Heirs Subdivision date from the 1950's and significant use
has been made of the public waters by property owners, fishermen,
and the public. Stormwater runoff will directly affect the public
waters in that the runoff from the 4 feet of fill over the northern
one-half of the lot has no place to go other than over the
Petitioners' property, causing erosion and the runoff of soils and
mud from the Dunn lot into Bogue Sound.
Petitioners propose to show at the hearing engineering data
and testimony to the effect that the swales and measurements
proposed by the landowner will not be sufficient to control
stormwater runoff or to contain stormwater on the McClees-lot and
into the road side ditches. The proposed engineering testimony
will indicate that stormwater will flow towards Bogue Sound and on
to the Petitioners' property as well as property on the east side
contrary to the property owner's projections.
2

Lee & Jklarjorie .Tones
257 Live Oak Road
Newport NC, 28570
Tel. [phone]
N.C. Department of Environment,
Health & Natural Resources
P.O. Box 27687
225 N. MgDowell Street UU 1 0 1997
Raleigh, N.C. 27611-7687
Dear CAMA;
er 30, 1997
OCT 15 1997
COASTAL MANAGEMENT
We have been in contact with our CAMA office concerning a project within our
community. '
The Permit that I have enclosed should be withdrawn at this time.
The neighbors and community have not been made aware of the latest "revised" plans by
advertising the amended plans which were submitted to CAMA on August 4, 1997.
Look at the permit you will see that the original application was dated June 19, 1997 and
was advertised as required by CAMA on June 20, 1997.
There has been NO other advertisement since June 20, 1997.
The Permit was issued on August 8, 1997, 4 days after CAMA received a TOTALLY
NEW set of specifications. ,
The "new" changes will greatly impact the surrounding neighbors and water runoff from
the property has not been addressed. The water will not be contained within the property
boundaries of the homeowner. It will flow onto neighboring properties.
The permit that was issued states that "All proposed development and associated
construction must be done in accordance with the permitted workplat drawing(s) as dated
6/19/97...."
The "revised " plans show that the proposed dwelling has been moved a considerable
distance towards the water.
The movement of the dwelling and the fact that no rain or storm water runoff plans have
been advertised to the public should require CAMA to re -advertise the request for a
Minor Development Permit.

-r
r
The "revised" plans submitted on 8/04/97 and the issuance of the permit, four days later,
on 8/08/97, does not allow the required time for the public to give CAMA their input.
The public has no knowledge of these "revised" plans.
Please conduct an inquiry as to why there has been no further public advertising of this
permit. NO building should be allowed that will have a negative impact on our waters and
our neighbors.
I look forward to hearing from you shortly.
Si ely;
ee & "Bonnie" Jones
G�
Enc.
cc: Representative, Jean Preston
Senator, Beverly Perdue

DCH — CARTERET COUNTY
Local Government
11-97
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment.
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, `Coastal Area Management."
Issuedto DENNIS MCCLEES . authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek • as requested in the permittee's application, dated June 19, 1997
This permit, issued on August 8, _ 1997, 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate seditnentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31, 2000
In issuing this permit it is agreed that this project is consistent
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 Division of Coastal Management.
ure)
Tere Barrett, Field Rep.
NC Division of Coastal Management'ie
151—B Hwy. 24, Hestron Plaza II
address
Morehead City, NC 28557
TP1 (gig) anR gAns
Perm.ttee
(signature required if special conditions above apply to permit)

A �- ?(?A ` ` �-`) �N2VA
CARTERET COUNTY COURTHOUSE
CENTRAL PERMIT OFFICE OF
� MTIE--'�R LJ WY
COURTHOUSE SQUARE
BEAUFORT. N. C. 2851 6-1898
728-8545
BUILDINGS. MOBILE HOMES. ELECTRICAL. PLUMBING. MECHANICAL
Pursuant to NCGS 113A-119(b), Carteret County, a locality
authorized to issue CANA permits in areas of environmental concern,
hereby gives notice that on 3.i i f 15 M6'agS4
nn \ , applied for a CAMA permit to
'SkAI G� ` AA/ 6 � 11) � tAA .d( Qt ION
at 2 y% 7d�`7fi
The application may be inspected at the address below. Public
comments received by -�- k - (1-7 will be considered up
to the time of permit decision. Project modifications may occur
based on further review and comments. Notice of the permit
decision in this matter will be provideiL d upon wr' ten request.
CAMA Local rmit Officer
Carteret C ty
Central Permit Office
Courthouse Square
Beaufort, N. C. 28516
[phone]
Please publish on ( Q --ZZ-- " -7
and return Affidavit of Publication as
soon as possible.
Thank you.

DCM — CARTERET COUNTY 13-97
Local Government CAMA9 Permit Number
•
MINOR DEVELOPMENT
PERMIT,(,)
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the •
General Statutes, "Coastal Area Management."
Issued to DENNIS McCLEES . authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek
as requested in the permittee's application, dated June 19, 1997
This permit, issued on August 8, 19 9 7. 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
.and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31, 2000
In issuing this permit it is agreed that this project is consistent
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 Division of Coastal Management.
rmit Officer (signature)
Tere Barrett, Field Rep.
NC Division of Coastal Managemente
151—B Hwy. 24. Hestron Plaza II
address
Morehead City, NC 28557
TP1 �(919) 80_?808
Permittee
(signature required if special conditions above apply to permit)

LINDA McCLEES NCDL 2439794 3558
DENNIS McCLEES
PH. 919-393-7829 66-7704/2531
247 LIVE OAK RD
NEWPORT, NC 28570
PAY TO TI!E O/Ji014DEROfC $
6116 -----12QLLARS
State Empjpyees' Credit Union
62 Morehead City, North Carolina
FOR
i: 2S3 17 70 Lt 91:08 C3 2L, 2C39 S 2 2 um 35513
vw. . ft
COUNTY OF CARTERET
Central Permit Office
2719
Western Office
Beaufort, N. C., 0
19
RECEIVED FROM
IN PAYMENT OF PERMIT #
BUILDING PERMIT
$
MOBILE HOME PERMIT
$
j
ELECTRICAL PERMIT
$
PLUMBING
$
MECHANICAL
$
$
RECEIVED BY
OFFICIAL RECEIPT TOTAL AMOUNT PAID
$

CTI OSE
1 L AREA TO ITS P
THIS FILGR ADED TO NE
� AND RE .WITHIN O
i ELEVATION E OR LESS
1 FOOT MOR
1
1 3
FOR
1 ADEI—� L1111��J1�i_LLLL11,ii�LLLi�II;
LL11�-1� j I 1 I 1 I, � I �JJ�-,
- � � 1 1 1 � � � 1 1 11 i I' I' i i ��� �-
TSCONA►E
1 DENN�s
� OF
EP\ AD
1 OPROpp 0 AX
UVE24�c
1 P 0R OM
1 NEW KEN FR
N� pp,TA TA ANp
L pLL EY BYPgTE PHILurZ) EN �..-CLOSUK
SEE
t'
P SUR ATTACHED
ASSOCIATES
DATA T DEPAR�'ENT,
ALL
EN`AR�COUNIY HEATH
CARTERET ENCLOSURES.
SEE ATTACHED
RAPHIC SC ALE
G 40
10
zo
T)

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: MCCLEES
Comment: WEST SIDE SWALE
Solve For Depth
Given Input Data:
Left Side Slope..
Right Side Slope.
Manning's n......
Channel Slope....
Discharge........
Computed Results:
Depth............
Velocity.........
Flow Area........
Flow Top Width...
Wetted Perimeter.
Critical Depth...
Critical Slope...
Froude Number....
3.00:1
(H:V)
3.00:1
(H:V)
0.033
0.0025
ft/ft
0.45 cfs
0.44
ft
0.79
fps
0.57
sf
2.62
ft
2.76
ft
0.27
ft
0.0333 ft/ft
0.30
(flow is Subcritical)
Open Channel Flow Module, Version 3.12 (c) 1990
Haestad Methods, Inc..* 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: MCCLEES
Comment: EAST SIDE SWALE
Solve For Depth
Given Input Data:
Left Side Slope.. 3.00:1 (H:V)
Right Side Slope. 3.00:1 (H:V)
Manning's n...... 0.033
Channel Slope.... 0.0025 ft/ft
Discharge........ 0.32 cfs
Computed Results:
Depth............
Velocity.........
Flow Area........
Flow Top Width...
Wetted Perimeter.
Critical Depth...
Critical Slope...
Froude Number....
0.38 ft
0.72 fps
0.44 sf
2.30 ft
2.43 ft
0.23 ft
0.0348 ft/ft
0.29 (flow is Subcritical)
Open Channel Flow Module, Version 3.12 (c) 1990
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
August 20, 1997
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Dennis McClees
247 Live Oak Rd.
Newport, NC 28570
Dear Mr. McClees,
There has been some concern indicated about the plats that were submitted with your application for
development, and the consequent permit #13-97. The plats stated that they were based on survey
data by Pate Phillips, which was attached. However, this survey was not attached. This information
does need to be on file, and should be made available to the adjoining property owners. As well, the
submitted platwork states that the fill will be removed and regraded to within 1' "more or less" over
the pre-existing ground level. The "more or less" is a vague term. The Division accepts the term
"more or less" in this instance to mean within 6" either way. Please note that this would be our
interpretation of that statement on the plat.
If you have any questions about the above, or any other aspect of the project, feel free to call me at
[phone].
Sincerely,
T. B ett
Coastal Field Representative
tjb
cc: Charles Jones, DCM
Chris Jones, LPO
Claud Dunn
Bonnie and Lee Jones
Richard Stanley
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post -Consumer Paper

i State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Mr Richard Stanley August 11, 1997
C/o Richard and Stanley, Attorneys at Law
P. O. Box 150
Beaufort, NC 28516
Dear Mr Stanley:
A r41LO)
9r
Please reference your letter to the Division of Coastal Management concerning your objections to
the proposal by Dennis McClees to construct a residence, septic system, and driveway adjacent to your
client's property on Bogue Sound, in Carteret County. The Division appreciates your concerns about the
proposed development, and has looked closely at the potential adverse impacts the proposal may have on
stormwater and sediment runoff in the project area. However, the proposed project has been determined to
comply with the Rules of the Coastal Resources Commission. Subsequently, the Division has issued a
CAMA Permit for the proposed action, and we are providing a copy of this permit to you for your
information. I am including a copy of the Third Party Appeal form with this letter. Your client has the right
to appeal the issuance of this permit within 20 days of the date of permit issuance, which was 8/08/97.
If you have any questions concerning this matter, please feel free to contact me at [phone].
Sincerely,
&�avrtj:;Llp
T. Barrett
Coastal Field Representative
enclosure
cc: Charles Jones, DCM
Chris Jones, LPO
r.U. Lox 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #1 1-12-09
Telephone [phone] FAX [phone]
An Equal Oppertunity Affirmative Acticn Employer 50% recycled/ 10% pcst-consumer pcper

DCH — CARTERET COUNTY
Local Government
CAMA
11-97
Permit Number
%
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issuedto DENNIS HcCLEES authorizing development in the Estuarine Shoreline
.AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek as requested in the permittee's application, dated June 19, 1997
This permit, issued on August 8 19 9 7. is subject to compliance with the application and site drawing (where consistent
with the permit), all applicable regulations and special conditions and notes setforth 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
I All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31, 2000
In issuing this permit it is agreed that this project is consistent
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 Division of Coastal Management.
ermit Officer (signature)
Tere Barrett, Field Rep.
NC Division of Coastal Managementie
151—B Hwy. 24, Hestron Plaza II
Morehead City, NC 28557 address
Tet• (919)08=�SA8
Permittee
(signature required if special conditions above apply to permit)

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 11, 1997
Mr and Ms Lee Jones
257 Live Oak Rd.
Newport, North Carolina 28570
Dear Mr and Ms Jones:
Please reference your letter to the Division of Coastal Management concerning your objections to
the proposal by Dennis McClees to construct a residence, septic system, and driveway near your property
on Bogue Sound, in Carteret County. The Division appreciates your concerns about the proposed
development, and has looked closely at the potential adverse impacts the proposal may have on stormwater
and sediment runoff in the project area. However, the proposed project has been determined to comply with
the Rules of the Coastal Resources Commission. Subsequently, the Division has issued a CAMA Permit
for the proposed action, and we are providing a copy of this permit to you for your information. I am
including a copy of the Third Parry Appeal form with this letter. You have the right to appeal the issuance
of this permit within 20 days of the date of permit issuance, which was 8/08/97.
If you have any questions concerning this matter, please feel free to contact me at [phone].
Sincerely,
6KL, f"�Olk� ��
T. Barrett
Coastal Field Representative
enclosure
cc: Charles Jones, DCM
Chris Jones, LPO
P.O. Box 769, 3441 Arendell St.. Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equcl Cpportunity Affirmctive Action Employer 50% recycled/ 10% pest -consumer peper

DCM — CARTERET COUNTY
Local Government
11-97
Permit Number 1, -
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issuedto DENNIS HcCLEES -authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek as requested in the permittee's application, dated June 19, 1997
This permit, issued on August 8. 19 9 7. is subject to compliance with the application and site drawing (where consistent
with the permit), all applicable regulations and special conditions and notes setforth 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
ualified persons within twenty (20) days of the issuing date.
rom the date of an appeal, any work conducted under this per -
it must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
ermit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
nder this permit requires further written permit approval.
All work must cease when this permit expires on December
2000
In issuing this permit it is agreed that this project is consistent
ith the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
he written approval of the Division of Coastal Management.
rmit Officer (sionature
Tere Barrett, Field Rep.
NC Division of Coastal Managemente
151—B Hwy. 24, Hestron Plaza II
Morehead City, NC 28557 address
Tel: (gig) Rn8_2gog
Perminee
(signature required if special conditions above apply to permit)

I M
, 7
P 0 3 is 97 :
State of North Carolina
WCHAEL_ F. EASLEY I)ej)artment of Justice
A170 1INEY OENLKAL 11. 0. BOX 629
RALEIGH
2 7 (it )2-0629
REPLY TO: Robin W. Smith
Environmental Division
Tel. (919) 716b6600
Faa.(919)'.16-6767
September 2, 1997
Mr. Dennis McClees
247 Live Oak Road
Newport, N.C. 28570
Re: Appeal of CAMA Minor Development Permit
Dear Mr. McClees:
Mr. and Mrs. Claud L. Dunn, Jr. have requested a contested case hearing to appeal the
issuance of CAMA Minor Development Permit No. 13-97. 'Under North Carolina General
Statute 113A-121.1, your permit is suspended until: 1. the Chairman of the Coastal Resources
Commission denies the hearing request under standards set out in the statute; or 2. there is a final
decision on the permit appeal (if the hearing request is granted).
As a result, no development may be undertaken under the permit until further notice. The
Division of Coastal Management will prepare a recommendation for the Chairman on whether to
grant or deny the hearing request. The Chairman must make a decision within 15 days after
submission of the hearing request- in this case no later than September, 15 1997. If you wish to
submit any materials for the Chairman's consideration in ruling on the request for contested case
hearing, please send them to me at the letterhead address or by FAX to [phone] as soon
as possible.
If the Chairman grants the hearing request, the permit will remain suspended until there
has been a hearing conducted by the Office of Administrative Hearings and then a final decision
by the Coastal Resources Commission based on the evidence presented in the hearing.
i �

Mr. McClees
September 2, 1997
Page 2
Please call if you have any questions.
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
cc: Richard L. Stanley
Mary Dee Carraway
Tere Barrett

IIa To
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REFERENCE: �vrcTlr+rl of L�f I`e?+
MAP 0,0e-K 7
c:JaF'TEP_ET Go. �EGU�TP`(
1, Pate D. Phillips hereby certify that
this map is correct and that (there are
no encroachments either way on said
lot) (f
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SEA .
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AUG 1 5 1997

BRYANT & STANLEY
ATTORNEYS AT LAW
113 TURNER STREET
POST OFFICE BOX 150
BEAUFORT. NORTH CARDONA 28516
TELEPHONE [phone]
FAX [phone]B 1
ALFRED S. BRYANT
RICHARD L. STANLEY
August 12, 1997
Mr. Charles Jones
North Carolina Office of Coastal Management
Hestron Plaza II, 151-B
N.C. Highway 24
Morehead City, North Carolina 28557
EMERALD ISLE OFFICE:
7701 D EMERALD DRIVE
EMERALD ISLE. NORTH CAROLINA 28594
TELEPHONE [phone]
FAX [phone]
Re: Application of Dennis McClees for LAMA Permit for
Improvements, Daisy Koonce Subdivision, Newport Township,
Carteret County
Dear Charles:
This is to confirm that I represent Claude Dunn, adjoining property
owner to Dennis McClees on the above application for a CAMA permit.
I have enclosed copies of photographs which show the fill placed on
the property by McClees and the vast elevation change between
McClees's lot and the adjoining Dunn lot. Obviously, we are
extremely concerned regarding storm water runoff and ponding, and
would request that you forward to us any engineering plats, studies
or reports which McClees may submit in support of his application.
Thank you for your consideration, and we look forward to hearing
from you.
With ,best wishes,
With
R' h�rd �.Snley
RLS:snh
CC: Mr. and Mrs
Enclosures
Claud L. Dunn, Jr.
AUG 5 1997 ; ;
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STATE OF NORTH CAROLINA
COUNTY OF CARTERET
PETITION FOR
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMIS
CMT 97-06FnEP i �43i
THIRD PARTY HEARING ) RECOMMENDATION OF DIVISION
BY CLAUD L. AND JOANNE ) OF COASTAL MANAGEMENT
DUNN )
Pursuant to G.S. § 113A-121.1(b) of the Coastal Area Management Act ("CAMA")
Claud L. Dunn and his wife Joanne 0. Dunn (hereinafter "Petitioners") have filed a Petition for a
Third Party Hearing with the Coastal Resources Commission ("CRC"). Petitioners seek
permission to file a Contested Case Petition with the Office of Administrative Hearings to
challenge the issuance of CAMA Minor Development Permit No. 13-97 issued to Dennis
McClees authorizing development in the Estuarine Shoreline Area of Environmental Concern
("AEC") at 247 Live Oak Road, off Bogue Sound, near Goose Creek.
-� I. FACTS
A. CAMA ly1�r Permit No. 13-97 was issued by Division of Coastal Management Field
Representative Tere Barrett of the Morehead Regional Field Office on August 8, 1997. It
authorizes land disturbing activity and the development of a single family residence on property
owned by Dennis and Linda McClees in the Estuarine Shoreline AEC. (See sketch incorporated
with permit, included as Attachment A)
B. The project site is located at 247 Live Oak Road, off Bogue Sound, near Goose Creek,
Newport, North Carolina, Carteret County. The portion of Bogue Sound that is adjacent to the
McClees property isclassified as Outstanding Resource Waters ("ORW"). There is an existing
bulkhead on the shoreward side of the McClees property.

2
C. Mr. McClees destroyed the existing home and septic tank that were previously located on
his property d installed a w septic tank and drainfield. He then built his lot up
approximately four feet by adding fill material where the new septic was to be locate . He
also added fill to the area where he planned to construct a single family residence. This
development was undertaken without a CAMA Minor Development Permit.
D. On July 8, 1997, Tere Barrett, a Field Representative of DCM issued a Notice of Violation to
the Permittee, requesting that Mr. McClees immediately cease and desist the unauthorized
development activity. The Notice of Violation included a restoration plan which required:
(1) The installation of silt fencing or other adequ �sed�iminetatio erosion control
barriers immediately around all unconsolidated material in order to prevent the movement of
material in storm events; and
(2) A stormwater plan sufficient to prevent runoff from Mr. McClees property onto
adjacent properties was required to be submitted to DCM in coordination with the Division of
Water Quality. The approved system had to be installed and properly functioning prior to any
additional development of the site.
E. On August 8, 1997, a CAMA Minor Development Permit was issued to Dennis McClees for
the development of a single family residence at 247 Live Oak Road, Newport, North Carolina, in
Carteret County. The permit required that a portion of the fill material be removed and the lot
regraded so that its final elevation would be "within one foot, more or less" of its pre-existing
ground level. (See Attachment C. Engineer certified drainage plan). DCM interpreted this
language to mean that the final elevation of the lot would be within 6 inches (higher or lower) of
the pre-existing ground level.

r
3
F. Petitioners own property at 249 Live Oak Road, Newport which is adjacent to Mr. McClees
property. On August 29, 1997, the petitioner filed a Third Party Hearing Request to contest the
permit. This petition is included as Attachment B.
II. ARGUMENT
In order to be granted a third parry hearing under G.S. § 113A-121.1(b), Petitioners must
meet three criteria: they must allege that the permit decision is contrary to a statute or rule; be
directly affected by the decision; and allege facts or make a legal argument that demonstrates that
the request for the hearing is not frivolous.
A. Petitioners have not identified any statute or rule violated by the permit decision, as required
by G.S. § 113A-121.1(b)(1).
Petitioners state that the following rules or regulations are violated by the permit
decision: (See Petition, Attachment B - Exhibit B.)
(1) G.S. § 113A-120(a)(6) G.S.113A-113(b)(6) -
These statutes address the Natural -hazard areas "where uncontrolled or incompatible
development could unreasonably endanger life or property and other areas especially vulnerable
to erosion, flooding ...." G.S. § 113A-113(b)(6). Although G.S. § 113A-120(a)(6) does require
that DCM deny an application for a permit in a natural hazard area that is of such a manner as to
unreasonably endanger life or property, the McClees property is not in an area that has been
designated by the CRC as a natural hazard area. Even if this was a natural hazard area, this
project was not determined to be of such a nature to present an unreasonable danger to life or
property.
(2) G.S. § 113A-120(a)(8) and G. S. 113A-120(b1)(4) -

0
G.S. 113A-I20(a)(8) states that DCM shall deny an application for a permit that is
inconsistent with the State guidelines or the local land -use plans, and G.S. § 113A-120(b1)(4)
states that DCM may deny a permit application if the applicant has failed to substantially comply
with State rules or local ordinances and regulations .... G.S. § 113A-120(bl)(4). Although
Petitioners do not specifically state whether they deem the project inconsistent with local or state
guidelines, it can be assumed from their argument that they are referring to State guidelines on
stormwater and sedimentation and erosion control measures. In paragraphs 1(a) and (b) of their
argument, Petitioners state that their engineer has determined that the McClees lot will not drain
to the road because the lot slopes almost two feet from the street towards Bogue Sound.
Petitioners contend that the one -foot swale on the side of the McClees lot will not contain the
stormwater runoff. Petitioners state that since the existing seawall is higher than the filled
portion of the lot near the seawall, the water will flow from the newly constructed house and
septic tank area towards the bulkhead and then onto the adjoining properties. Petitioners contend
that this runoff will cause flooding, septic tank failure, mosquito breeding, erosion and other
environmental problems.
In issuing CAMA Minor Permit No. 13-97, DCM considered all relevant development
standards and determined that the McClees permit application met both state and local
guidelines. In issuing the Notice of Violation for the work that was originally undertaken
without a permit, Tere Barrett of DCM required as part of restoration that Mr. McClees install
silt fences or other adequate erosion control barriers around all unconsolidated material in order
to prevent the movement of material in storm events. Mr. McClees did install a silt fence in front

a
R
of the fill material on a line parallel with the bulkhead, and Tere Barrett was satisfied that the
restoration conditions had been met.
Permit No. 13-97 also contains several conditions that address Petitioners' concerns over
stormwater runoff and erosion. Permit condition # 1 requires that a drainage plan be installed in
accordance with a an engineer -designed and certified plan submitted by Mr. McClees on August
8, 1997. Permit condition # 2 requires that adequate sedimentation/erosion control measures be
employed around all fill until the area is vegetatively stabilized. Tere Barrett, visited the
property before issuing the permit and determined that both of these conditions were met. The
Division will continue to monitor the conditions at this site and if a violation of the permit is
discovered, appropriate enforcement action will be taken.
Petitioner also meets the requirement in 15A 7H.0209(e)(2) which requires that normally,
the impervious surface of a project in the estuarine shoreline shall not exceeded 30 percent of the
AEC area of the lot. This limit is decreased to 25 percent in estuarine shoreline that is
contiguous to waters classified as ORW. The impervious surface of Mr. McClees project is
approximately 16.7 percent of his lot and is thus well within the acceptable limits of the CRC's
rules.
(3) G.S. § 113A-57 -
Petitioners argue that G.S. § 113A-57, mandatory standards for land -disturbing activity is
violated by issuance of CAMA Minor Development Permit No. 13-97. This requirement is
incorporated into CRC rule 15A NCAC 7H.0209 which provides in relevant part:
All development projects, proposals, and designs shall comply with the
following mandatory standards of the North Carolina Sedimentation Pollution

Y
C
Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer
zone along the margin of the estuarine water which is sufficient to confine
visible siltation within 25 percent of the buffer zone nearest the land disturbing
development.
(B) No development project proposal or design shall permit an angle for graded
slopes or fill which is greater than an angle which can be retained by vegetative
cover or other adequate erosion -control devices or structures ...
15A NCAC 7H.0209(e)(3)(A), (B).
The Division was satisfied that the McClees project was in compliance with this rule before
issuance of the permit. There is a buffer between the fill material and the bulkhead which is
separated by silt fencing. Field Representative Tere Barrett was satisfied that the visible siltation
was within 25 percent of the buffer zone nearest the land disturbing development. She was also
satisfied that the angle of the graded slope on the McClees lot is not greater than that which can
be retained by vegetative cover or the erosion control'plan that has been designed for this
property.
B. Petitioners contend that they are directly affected by the permit decision because they are the
adjacent property owners. Petitioners argue that ponding will occur on their property which will
have a significant adverse effect on both the value and enjoyment of their property. They submit
that this stormwater will stand on their property, causing wet soil, which will result in problems
with their septic system, and possibly to the foundation of their house. Petitioners also state that

7
v
stormwater will directly affect the public waters in that the runoff from the four feet of fill over
the northern one-half of the lot will flow to the adjacent properties and then into Bogue Sound.
For purposes of this third party hearing request, DCM does not contest Petitioners'
assertion that they are directly affected by the decision. G.S. § 113A-121.1(b)(2). As previously
stated, conditions # 1 and # 2 address Petitioners' concern over stormwater and runoff. Condition
# 1 requires that a drainage system be installed according to an engineer's plans, and condition #
2 requires that adequate sedimentation/erosion control measures be employed around all fill until
such time as the area is vegetatively stabilized. If DCM discovers that these conditions have
been violated at a future date, appropriate enforcement actions will be taken.
C. Petitioners have not alleged facts or made legal arguments that demonstrate that the
request for the hearing is not frivolous. G.S. § 113A-121.1(b)(3).
The quasi-judicial authority of the Coastal Resources Commission is limited to appeals
from permit decisions and civil penalty assessments under the Coastal Area management Act and
the Rules of the Coastal Resources Commission. Minor Development Permit No. 13-97 was
issued lawfully, taking these development standards into account. Petitioner has not alleged facts
which, if proven would show that DCM exceeded its authority, acted erroneously, failed to use
proper procedure, or acted arbitrarily or capriciously. Petitioner has offered no grounds upon
which to prevail and thus has not met his burden of demonstrating that his request is not
frivolous.
III. RECOMMENDATION OF DIVISION OF COASTAL MANAGEMENT
In conclusion, Petitioners have not met the criteria set forth in G.S. § 113A-121.1(b) to
justify a contested case hearing. Petitioners have not identified any statute or rule which is

8
violated by the issuance of the permit, and they have not alleged facts or made legal arguments
that demonstrate that the request for the hearing is not frivolous.
For the reasons stated herein, the Division of Coastal Management recommends that the
petitioner's Petition for Third Parry Hearing be DENIED.
This the loth day of September, 1997.
\ 19465
Mary Deb Carraway
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

0
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT, with attachments, was served on Petitioner's
attorney, Richard L. Stanley by causing a copy thereof to be deposited in the United States Mail,
first class, postage prepaid, addressed as follows:
Richard L. Stanley
P.O. Box 150,
113 Turner Street
Beaufort, NC 218516
This the 1 Oth day of September, 1997.
Michael F. Easley
Attorney General
By r.
Mary beddarraway
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh. North Carolina 27602-0629
[phone]

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
July 9, 1997
Dennis McClees
247 Live Oak Rd.
Newport, NC 28570
RE: INCOMPLETE APPLICATION
Dear Mr. McClees:
A LT.9 MAI , 9
2 4 99
0-
ID E_= "
We originally accepted your application under the impression it was full and complete. On subsequent review, we have
discovered that it lacks certain necessary information. Accordingly, we request you to complete the form and resubmit
it to us.
The reason for adjudging the application to be incomplete are as follows:
See restoration plan attached to Notice of Violation #97-37C
In accordance with the Department of Environmental, Health, and Natural Resources regulations, we note that a certain
time has passed while the application has remained in our office. Accordingly, upon resubmission of a complete
application, a local decision will be made in 5 days, provided this period is not extended as provided by law.
Respectfully yours,
. k_� ps_��
T. Barrett
Coastal Field Representative
Copies sent to:
Chris Jones, LPO
Charles Jones, DCMmclshold
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper

Ill

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 8, 1997
Mr. & Mrs. Lee Jones
257 ,Live Oak Road
Newport, NC 28570
RE: CAMA Minor permit issued to Dennis McClees
Dear Mr. & Mrs. Jones,
EDEHNR
C 1-2 1
MOREHEAD
This letter is in response to your comments regarding Coastal Area Management Act
(CAMA) Minor Development Permit No. 13-97 that was issued to Dennis McClees. Your letter
expressed concerns that neighbors and members of the community did not receive notice of the
August 4, 1997 revisions to the original permit plans. Pursuant to the notice requirements for
CAMA Minor Development Permits found in N.C. Gen. Stat. § 113A-119, public notice of the
project was accomplished by publishing a notice of the application in a local newspaper and by
posting a notice at the project site. The notice indicated that project modifications might occur
based on further review of the application and comments received regarding the project.
.Although the original application was modified by a revised permit plan, public notice of the
revisions was not issued since N.C. Gen. Stat. § 113A-119 does not require public notice of
modifications to CAMA Minor permit applications.
The issuance of the permit served as notice of the 20 day appeal period in which third
parties who are dissatisfied with the permit decision may petition the Coastal Resources
Commission (CRC) for a contested case hearing. Although you did not request a third -party
hearing, you may be aware that your neighbors, Claud and Joanne Dunn, filed a third party
hearing request pursuant to N.C.Gen. Stat. § 113A-121.1 seeking permission to file a Contested
Case Petition to challenge the issuance of this permit. The Chairman of the CRC denied this
request after finding that CAMA does not regulate the impacts of altered drainage patterns on
adjoining properties and the project did not violate CRC regulations regarding impervious
surface within the Estuarine Shoreline Area of Environmental Concern.
P.O. Box 27687, NOf
FAX [phone]
Raleigh, North Carolina 27611-7687 C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 - - 50% recycled/10% post -consumer paper

If you have any further questions regarding this matter, please contact Tere Barrett at the
DCM Morehead Regional office for assistance.
Very truly yours,
Direct', -Division of
Coastal Management
cc: Charles Jones,/
Tere Barrett

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 8, 1997
Mr. & Mrs. Lee Jones
257 Live Oak Road
Newport, NC 28570
RE: CAMA Minor permit issued to Dennis McClees
Dear Mr. & Mrs. Jones,
1DaHNFZ
DEC 1.2 1997
This letter is in response to your comments regarding Coastal Area Management Act
(CAMA) Minor Development Permit No. 13-97 that was issued to Dennis McClees. Your -letter
expressed concerns that neighbors and members of the community did not receive notice of the
August 4, 1997 revisions to the original permit plans. Pursuant to the notice requirements for
CAMA Minor Development Permits found in N.C. Gen. Stat. § 113A-119, public notice of the
project was accomplished by publishing a notice of the application in a local newspaper and by
posting a notice at the project site. The notice indicated that project modifications might occur
based on further review of the application and comments received regarding the project.
Although the original application was modified by a revised permit plan, public notice of the
revisions was not issued since N.C. Gen. Stat. § 113A-119 does not require public notice of
modifications to CAMA Minor permit applications.
The issuance of the permit served as notice of the 20 day appeal period in which third
parties who are dissatisfied with the permit decision may petition the Coastal Resources
Commission (CRC) for a contested case hearing. Although you did not request a third -party
hearing, you may be aware that your neighbors, Claud and Joanne Dunn, filed a third party
hearing request pursuant to N.C.Gen. Stat. § 113A-121.1 seeking permission to file a Contested
Case Petition to challenge the issuance of this permit. The Chairman of the CRC denied this
request after finding that CAMA does not regulate the impacts of altered drainage patterns on
adjoining properties and the project did not violate CRC regulations regarding impervious
surface within the Estuarine Shoreline Area of Environmental Concern.
P.O. Box 27687, ���� FAX [phone]
Raleigh, North Carolina 27611-7687 ��C An Equal Opportunity/Affirmative Action Employer
voice 919-733-2293 - 50% recycled/10% post -consumer paper
. -Cw

If you have any further questions regarding this matter, please contact Tere Barrett at the
DCM Morehead Regional office for assistance.
Very truly yours,
DirectoY, Division of
Coastal Management
cc: Charles Jones /
Tere Barrett Vol

a° SENDER: I also wish to receive the
' ■Complete items 1 and/or 2 for additional services.
■Complete items 3, 4a, and 4b. following services (for an
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your
oursname and address on the reverse of this form so that we can return this extra fee):
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` ■Write'Retum Receipt R uested' on the mail ece below the article number. d
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■The Return Receipt will show to whom the article wasdelivered elivered and the date . ,.
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Aticle Number. 3. Article Addressed to:
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Date of Delivery
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Addressee's Address (Only if requested
and fee is paid) t
t—

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box
NC DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA It, 151-B, HWY. 24
MOREHEAD CITY, NC 28557
[phone]

0 emwo
N.C. Divison of Coastal Management
Hestron Plaza 11, 151 B, Hwy. 24
IDA i".. 6 Morehead City, NC 28557 c-
U, Ij"
2 054 915 937
tot
JAN 5 1998
Mr. Dennis McClees
247 Live Oak Road
Newwrt, NC 28570
. -A
11S. P35T4';E*
Ii MrTf-'R 4193944 Vf
E C E IE:
JAN 5 1998
COASTAL MANAGEMENT

4
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dennis McClees
247 Live Oak Rd.
LT?WJ
4 •
�vV•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
12/01/97
Newport, NC 28570
RE: NOTICE OF VIOLATION, STOP WORK ORDER, AND NOTICE OF FAILURE TO
APPLY FOR CAMA PERMIT - #97-66C
Dear Dennis McClees:
This letter confirms that I was at 247 Live Oak Rd, adjacent to Bogue.Sound in Newport, in
Carteret County, NC, on 12/01/97, to investigate the possibility of development activity within an
Area of Environmental Concern (AEC) without proper authorization. No person may undertake
activity'constituting minor development within a designated AEC without first obtaining a Minor
Development Permit from the North Carolina Department of Environment and, Natural Resources
or, a Local Government with an approved, Coastal Area Management Implementation .and
Enforcement program. This requirement is imposed by North Carolina General Statutes (NCGS)
113A-118.
My visit verified that fill material has been brought to the site recently, with associated
grading and land contouring in preparation for construction of a residence. This activity is being
conducted within 75' of the bulkhead, an area not covered by your restoration plan. As such, you are
in violation of the Coastal Area Management Act since you do not possess a minor development
permit for this activity. In addition, the removal of material from the site as submitted in your
engineered stormwater plan, and approved as restoration for Notice of Violation #97-37C has not
been accomplished. No other activity may take place on this lot until the approved restoration plan
is completed and approved by a representative from this division.
You are hereby officially requested to IMMEDIATELY CEASE AND DESIST your
unauthorized development activity. If you wish to continue this development at any time, you must
first obtain a CAMA Minor Development Permit. Please contact this office to file an application.
NO WORK MAY PROCEED UNTIL A PERMIT IS ISSUED. If the development activity
completed. to date is not consistent with the applicable standards, you will be required to restore the
land to its. former condition and/or bring all. aspects, of, the project, into, compliance. A civil
assessment of up, to.$250.00 may be assessed against any violator. ,Each day that the, development
activity, described in this Notice is continued, or repeated may constitute a separate violation which
is subject to an additional assessment of up to $250.00. An injunction or criminal penalty may also
be sought, to enforce any. violation_(NCGS 113A-126), .
Hestron Plaza 11, 151B, Highway 24, Morehead City NC 28557. Telephone [phone] Fax [phone] .
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post -Consumer Paper

It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50.00
against all violators of CAMA Minor Development Permit requirements. This is done to recover
some of the costs of investigating violations and/or to compensate the public for any damage to its
natural resources. Whether a higher amount will be assessed depends on several factors, including
the nature and amount of resources affected and the extent of damage to them. If any requested
restoration is not undertaken or completed satisfactorily, a higher civil assessment may be levied and
a court injunction sought to order restoration.
Pending the satisfactory resolution of this violation, and my submission of an Enforcement
Report to the District Manager of the Division of Coastal Management, you will be notified of the
amount of your civil assessment.
Thank you for your cooperation in resolving this important matter. If you have any questions,
please do not hesitate to contact me.
Sincerely, ,
T. Barrett
Coastal Management Representative
TJB
cc: Charles Jones, DCM
Chris Jones, LPO

2
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DATE:
NAME:
ADDRESS: r
OWNER OF PROPERTY;
LOCATION OF PROPEF
CARTERET COUNTY CENTRAL PERMIT OFFICE LU 1 L/-
Courthouse Square . Beaufort, N. C. 28516-1898 d
( 919 ) 728-8545 • (919 ) 393-3204 W.O.
�. *** DEVELOPMENT APPLICATIO ***
TYPE OF DEVELOPMENT:
FLOOD
__ _ _`,_
COMM NO
PA EL NO
SUFFIX
DATE OF FIRM
FIRM ZONE
BASE FLOOD ELEV/
)Ai
REQUIRED LOWEST FLOOR ELEVATION: ELEVATION CERT. REQUIRED: YE /NO
tENTS:
YES/ ORW. YES/C) (PERMIT #
PLANNING/ZONING PERMIT *** [phone]
JURISDICTION:OnAAkg,
** ZONE: _1 MAX BLDG HT: ' ''II
ANY EXISTING STRUCTURES: YES 0 LOT SIZE: M kctE
PROPOSED USE: ✓ SINGLE FAMILY DUPLEX MULTI FAMILY
MANUFACTURED HOME BUSINESS
INDUSTRIAL SIGN ON/OFF PREMISE
ACCESSORY STRUCTURE OTHER
SET BACKS:
PRINCIPAL STRUCTURE: FRONT REAR -1aSIDE IDE ON CORNER
ACCESSORY STRUCTURE: FRONT REAR SIDE
COMMERCIAL/INDUSTRIAL:
TYPE OF BUSINESS NO. OF REQ. PARKING SPACES
SIGN REQUIREMENTS
COMMENTS: <<.L d
OK TO ISSUE IMP. PERMI C5/NO DATE: S' ZONING OFFICIAL INIT.LJ
*** EN 0NMENTAL HEALTH *** [phone]
IMPROVEMENT PERMIT REQUIRED: YES/NO PERMIT #
OWNER HEREBY CERTIFIES THAT STRUCTURE IL B USED AS LIVING SPACE AND
WILL BE LOCATED MORE THAN 5 FEET FROM ANPOR OF THE SEWAGE DISPOSAL
SYSTEM OR REPAIR AREA REQUIRED FOR THE SEWAGE DISPOSAL SYSTEM.
COMMENTS:
DATE -� Ide-1�✓ OWNER/AGENT: d��tev�
ENV. HEALTH ;'NIT
111 n CQ ;M
OWNER/AGENT SIGNATURE: IT DATE: ill
PERMIT OFFICIAL SIGNATURE: __ ____DAT.Ei_-----
v

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Sew, � �,,,�_P,�.�s
(/loss �����,,,,�

NEWCr'NSTRUCTIOPJPAIR ( ) APPLICATFQFOR IMPROVEMENTS PERMIT AREA PRIORITY
REENVIRONMENTAL HEALTH DIVISION
REPAIR ( ) APP. ON HOLD
CARTERET COUNTY HEALTH DEPARTMENT STAKED/ACCESSIBLE
BEAUFORT, NC 28516 PD APPROVAL
OWNER �_"�//r'.�L S //7 �G s PHONE: 3 9 3 7i 2 g
ADDRESS ��% �/�c� �orZy- /j. C �b� /- 1)
APPLICANT/AGENT PHONE:
ADDRESS
SUBDIVISION riA/SE,, Ko,,,&e s/D LOT��--�T—X� BLOCK SECTION
PROPERTY LOCATION Zq 3.4Q-r/ e-o LLiSi- I T d- U I�y
TYPE STRUCTURE w'I u 5 z 's( r q -iTc r• , C . CONCRETE FLOOR Z S (YES) (NO)
NO. BEDROOMS �_ NO. BATHS 7. N0. PEGR E Z GARBAGE GRINDER: (YES) 610 (NO)
WATER SOURCE - G� we- L L,Lt-Yll� r" *
PIN # 'S� ��J D 02 -� �c 40U Of (0 0Co /OD ONE .��ELEVATION
i l3
* ACTION ON THIS APPLICATION WILL NOT BE TAKEN UNTIL THIS OFFICE HAS BEEN ADVISED THATTHE HOUSE AND PROPERTY LINES ARE
STAKED AND THE LOT ACCESSIBLE FOR EVALUATION.
** NOTE: THIS PROPERTY MAY CONTAIN DESIGNATED WETLANDS. APPROVAL FROM U. S. ARMY CORPS OF ENGINEERS MAY BE REQUIRED
PRIOR TO DEVELOPMENT. ADDITIONALLY, CAMA PERMIT SHALL BE REQUIRED IF ANY PART OF THIS STRUCTURE, SEPTIC TANK OR POTABLE
WATER SYSTEM IS TO BE WITHIN 75' OF SHORELINE, CANALS OR OTHER WATERS OR MARSH.
*** IMPROVEMENT PERMITS HAVE NO EXPIRATION DATE. AUTHORIZATION TO CONSTRUCT VALID FOR 5 YEARS FROM DATE OF ISSUANCE.
*** IMPROVEMENT PERMIT SUBJECT TO REVOCATION IF SITE PLANS OR INTENDED USE CHANGES. ! ,
BROCHURE RECEIVED SIGNATURE��� �z`"' /Px'7J
J 1,.t?2k-� ."' cQ,
>.E r y" . '
1
i
CCEHD Rev. 12/95 DRAW PLOT PLAN ON APPLICATION

M REREAD 919 247 3330 TO 3933255 P.03
7/08197 No -
RESTORATION PI AN
Dennis McClees
1) Silt fencing or other adequate sedimentationlerosion control barrier must be installed
immediately around all unconsolidated material in order to prevent the movement of material
in storm events.
2) A stormwater plan sufficient to prevent runoff from your property onto adjacent properties
must be submitted to and approved by this office in coordination with the Division of Water
Quality. The approved system must be properly installed and functioning prior to any
additional development of the site_
I, Dennis McClees, agree to complete the required restoration outlined in the above
Restoration Plan to the satisfaction of the NC Division of Coastal Management before 7/17/97,
or provide an explanation for non-compliance and a reasonable request for a time extension.
Signature
DATE: _�/( , 1997
i
cc: Charles Jones, DCM
Chris Jones, LPO

E
Name: . - - -� U q
Location: �_jF;_v���, Environmental Health Division
gcwrorf, 1-c z 9 5-70 Carteret County Health Department
Beaufort, NC 28516 • [phone]
Authorization for Wastewater System Construction
(NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED
UNTIL OPERATION PERMIT HAS BEEN ISSUED)
Page I of .Z W.
G.S.130a-336
Valid for Five (5) years from date of Issuance
Subject to revocation if site plans or if
site is altered or intended use is changed.
Authorization for Wastewater System Construction by:
J/QtCS
Environmental H Ith Specialist
(Rev.01/97) CW
IP
Date:
7 M.E. Classification: -IT-C
❑ New Construction
Repair
Existing System
// j �]
.r t,►tshructtuws -��z�i
S.

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COUNTY OF CARTE RET
HEALTH DEPARTMENT
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VED of
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In Payment of ! ---- - -- -`<1.---�----------------------------------
LL` — 1—�------------" --------------------------
�l.rlctC�f(�r'6��E- C TY' OF CARTERET
OFFICI R IP ..
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REFERENCE: F'pp 1 Inrl c�F lfi'r IY
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MAr P-,e-,c-K 7 'r)+
i��'TEP-ET' Gam• PECtI�TF:''(
I, Pole D. Phillips hereby certify that
this map Is correct and that (there are
no encroachments either w_o oy n sa_id
lot) (t CAP
riRtan
u .
•• �� •QEiiS1ER � .t��
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SCALE IN FEET
PATE SSOCIATES, P. A.
swansb � , 1 n. c. 28584
J U L 2 a 1997
- "- Project No. —> �Yf:)r)

PAGE —_ OF
9 106 w
CONSTRUCTION AUTHORIZATION
PAGE 2-OF Z
SITE PLAN
SIC G riw; h •{=(ow 4-. 5J s f -eh- 5 k l ( be.
a(;.Htev-ec) or nuvK� sJSir�., he s'tIl fe,T u,'rCJ
c
ELECTRICAL PERMIT REQUIRED: YES( ) NO (
OWNER: ro'des r C l eeS
ADDRESS: 2 4 7 1, i ar 0 k Rd . �Le� ec,1 1
/t/G 7 ` 5-7D PHONE 'Z 94 ._ 7�a. Ci
TAX PARCEL: 6 3014 r) a Do (QQ _
PROPERTY LOCATION: 2,gi� I w,c)a l
1NVetW-JJDC'r�-
SUBDIVISION: Aal5q Xoo;lce. SZn
LOTS _- ITT -it BLOCK: SEC:
TYPE STRUCTURE: h c, (Xs C
NO. BEDROOMS: 3 NO. BATHS:
NO. PEOPLE: G DESIGN �FLOW:
GARBAGE GRINDER: YES ( ) NO (%/)
SEPTIC TANK: 1000 GAL. PUMP TANK: A/ GAL.
NO. LINES: �,l So r WIDTH: 3f� F
TOTAL LENGTH: 1 Sn FT. TOTAL N O SQ. FT.
WATER SOURCE: moo �+"u,V%,
HORIZONTAL DISTANCE FROM WELL: FT
SITE MODIFIED: YES (V/) NO ( )
DRAINAGE REQUIREMENTS:
• STRUCTURE SHALL BE PLACED SO THAT GRAVITY
FLOW IS ACHIEVED OR PUMP SYSTEM SHALL BE
REQUIRED.
• DO NOT PARK, PAVE, DRIVE, OR BUILD OVER ANY PART
OF SEPTIC SYSTEM OR REPAIR AREA.
MAINTAIN A MINIMUM 5 FEET BETWEEN ANY
FOUNDATION AND ANY PART OF SEPTIC SYSTEM OR
REPAIR AREA.
(OFFICE USE FOR FIELD NOTES ONLY
MODIFICATION INSPECTION BY:
DATE:
1 i�i/rniln.ro^^ wart/ e
�' vyk�lh('tal +1
*SYSTEM SHALL, NOT BE INSTALLED
UNDER WET CONDITIONS
*Trench bottom depth to be no deeper than 1�c
naturally occurring surface.
Easement Required: Yes .1/ No
Drainage Maintenance Req. Surface ( ) Subsurface ( )
Maintain Minimum 10' Fro`om Water Line
Comments:—*— C31 so i h i Z I/ F,
17�X 66 �i/l arcs.
Inns..n�YlOr—
re7ulreri✓44-e/ iri5fallallo - I'hj e6flo,,
* Prior to any changes in system layout, approval must be obtai�ied
from Health Department.
*NOTICE: Construction must comply with all state and local
regulations. Do not install well until well site has been approved
on inspection.
*NOTICE: Beware much property in Carteret County is subject
to Wetland Regulations and properties containing wetlands
should receive approval from U.S. Army Corp. of Engineers
prior to development C/'uS1'ed
O�CJ 5erfiG -f-C,
� - --d
FOR SYSTEMS REQUIRING LESS THAN 18" TRENCH
BOTTOMS, A MINIMUM OF 6" SOIL COVER
IS REQUIRED AND MAY REQUIRE ADDITIONAL
FILL OF AT LEAST GROUP II SANDY
LOAM TEXTURE.
ENVIRONMENTAL HEALTH SPECIALIST I P
I

yy)
CARTERET COUNTY NO.`z o6vii
Carter unty Courthouse, Courthouse Square, Beaufort, NC 28516-1898
NOTICE
Stop Work Order
(N.C.G.S 153A-361)
TO: Owner/Contractor �,s �-oe �}- �� McC)SM Gw�,)ee,
You are hereby to cease work on the structure on this property pursuant to
North Carolina General Statute 153A-361.
Reason for the stop work order: &MO,
1� "Pzamt�-
Specific work to be stopped: —Or-, -e� c,00S.kQLvXi&N Oar Pezm4 %eMe
b G o..�a.& C. �- 2 H-1 L 1 v •£ Quek- RD P o��t-. C K- Zg D -Z - S
Specific reasons for the stoppage:/1 tjyeXe
\\-
Condition under which the work may be resumed: , N e.0.Tr,01 Q,2e-vrl}'
The owner or builder may appeal from the stop work order involving alleged
violations of state building code or any approved local modification to the North
Carolina Commissioner of Insurance or his designee within five (5) days after the
day the order is issued. Owner or builder shall give the Commissioner of
Insurance or his designee written notice of appeal with a copy to the local
inspector. Pending appeal, there may be no work taking place in violation of the
stop work order.
Violation of a stop work order constitutes a misde anor.
Code Enfor#ment Official
SERVICE
I certify that the above stop work order was received on the 1 day of _
7::zr4f 1901-1 , and that on day of hPc- , 19�_, it
was served on t the in the following manner:
V by posting the property by affixing a copy of this notice to the
property:
by delivering a copy of the stop work order to the person
named above:
by telephone communication with the person named
\ above:
V by registered or certified mail return receipt
requested to the person na d a
Signature of o r or party serving notice

CARTERET COUNTY
CENTRAL PERMIT
OFFICE'....
Courthouse Square •
Beaufort, N. C.
28516-1898.:
[phone]
•(919) 393-320g
W.
PERMIT NO:-
LAND USE
'-# :
DATE: .��.?? /f-7
PARCEL I D . #
: 1 S - 2
F;ce
NAME: of_ 9* 4 F.3 44 c CLts
PHONE
ADDRESS: t% % L /u". 40i41e ig
'ale-
f iS/r
.2 8S %O
`
LOCATION OF . PROPERTY : -sue
DESCRIPTION .OF _WORK: 3 ,6r�.
-'.� ti��
54+ -
`,11.,�.�''`- i�s.;r...lr•
/2Z2S
"FLOOD INSURANCE RATE MAP (FIRM)
INFORMATION
*'
1:
COMM NO -
PANEL NO
SUFFIX
DATE OF FIRM
FIRM t NE
BASE L F/OOD ELEV
p
REQUIRED LOWEST .FLOOR ELEVATION: / % ELEVAT I ON"-CERT . REQU I001,:; NO
TYPE OF CONTT: VL NO. STORIES: OCCUPANCY TYPE:
RESIDENTIAL/NONRESIDENTIAL - SQ FT: ZZ2Z HEATED AUS1 UNHEATED a78o TOTAL
BUILDING CONTRACTOR: 71E /1u_hzwv_- LICENSE #:�G 4(90- PHONE.,#
n �e i
ELECTRICAL CONTRACTOR-: I CENSE # : PHONE -.#.:.
PLUMBING CONTRACTOR: LICENSE # : PHONE #
MECHANICAL CONTRACTOR: RQ-oe. to-Lf, r4 LICENSE # : PHONE ;;#
INSULATION CONTRACTOR: LICENSE #: PHONE:#'`
MOBILE HOME. SET-UP: LICENSE # PHONE
FEES PAID
BUILDING . . . . . $ MANUFACTURED HOME...$
ELECTRICAL. $ MODULAR HOME
PLUMBING. INS. CONFIRMATION S
Q •.3
MECHANICAL.:. $ g/ OTHER: HORF, ETC. $^
TOTAL FEES PAID_ S 4.'
The•applicant'has certified that the information showA n the appllcation,
plans. and_- specifications. is correct and true �to .his/hier ..knowledge,. hlI xwor�
performed `shall comply with the North Carolina -State°:Building Code,=Ft,O'od
Damage'Prevention'.Ordinance of Carteret County and ail=,other.regiilatkoni,
rules and ordinances as applicable. Misinformation,,lack of -information', or
statements made in error could result in revocation $f= all pernt%t'saii`d
ject .the. owner/agent to . Iiti ation in the
g Process �,s A F•:, *�.;
OWNER/AGENT :PERMIT.OFFICIAL

SITE PLAN
7* Gro,rt� _F10w +_0 .c pf-rt 5 j 51-:?-•. s W ( bc_
mc,Wev�J or l µml rk,11 be reju,rcol
ELECTRICAL PERMIT REQUIRED: YES( ) NO ( V
OWNER: i�.�o.�ie�m ^ CleeS
ADDRESS: Z14% L.7ic Oa/C Rd • a R¢m&—/Its
Al(- 7.$S70 PHONETAX PARCEL: PARCEL: 6 3a H n n 04 L q6�_f
PROPERTY LOCATION:
/UGW Dor�
SUBDIVISION: su oohc,c n,__
LOT' 1= PT�-IQ BLOCK: SEC:
TYPE STRUCTURE: 10 cx-( C__
NO. BEDROOMS: 3 NO. BATHS: %
NO. PEOPLE: G DESIGN FLOW: 3 &0
GARBAGE GRINDER: YES ( ) NO (V/) ,^� .
SEPTIC TANK: ��_ GAL. PUMP TANK: V� GAL.
NO. LINES: O r WIDTH: 5 Ff
TOTAL LENGTH: 1 Sn Fr. TOTAL N O SQ. FT.
WATER SOURCE: e-o • #%
HORIZONTAL DISTANCE FROM WELL: Fr.
SITE MODIFIED: YES (V NO ( )
91 106 �
CONSTRUCTION AUTHORIZATION
PAGE Y' OF Z•
0
7
G wa�v 11-n f
0-i- i%t1C4, JJ/} fnlN .
do not Or"Je or rK
*SYSTEM SHALL NOT BE INSTALLED J
UNDER WET CONDITIONS
*Trench bottom depth to be no deeper than IL
naturally occurring surface.
Easement Required: Yes v No
Drainage Maintenance Req. Surface ( ) Subsurface ( )
Maintain Minimum 10' From Water Line
Comments:(3 So drain li n e5 I h Z'r'!
� 7 �X 66 -rill C re'
/ri Said,
I �I/nnm. DSn;/�
(e UirCv Q7?f/ {hSl�allai►o^ ! hf/X'
* Prior to any changes in system layout, approval must be obtai ed
from Health Department.
* NOTICE: Construction must comply with all state and local
regulations. Do not install well until well site has been approved
on inspection.
DRAINAGE REQUIREMENTS:
• STRUCTURE SHALL BE PLACED SO THAT GRAVITY
* NOTICE: Beware much property in Carteret County is subject
to Wetland Regulations and properties containing wetlands..
should receive approval from U.S. Army Corp. of Engineers
prior to development. .4z 2 CrNS�► Co�

des
(� 10Gy
Environmental Health Division
Z 8 5770 Carteret County Health Department
Beaufort, NC 28516 • [phone]
Authorization for Wastewater System Construction
(No CERTIFICATE OF OCCUPANCY SHALL BE ISSUED
UNTIL OPERATION PERMIT HAS BEEN ISSUED)
G.S. 130a-336 Page ..._.!..Of 2
Valid for Five 5
Of
Subject to rev cat ona f Site planstor if Issuance
site Is altered or intended use is changed.
Date: -1 5 M.E. Classification: 3TIC
Authorization for Wastewater System Construction by:
,,� f'' s .
Environmenta4Hltl7 Specialist
(nev.01/97) CW
IP
7* Gro.�i� R w 4—o se/'f .5) sll—t,•. S 11c(( 6G
o*WeveJ or pvmp sy51-r.,. sl.al( be f-eg14:rc01
ELECTRICAL PERMIT REQUIRED: YES ( ) NO ( I
OWNER: r koxles m r 0eeS
ADDRESS: Z,47 14ye OA/t: Rd.
AIC 7-$5-70 PHONE
TAX PARCEL: 6 3014 n n g �
PROPERTY LOCATION: Zvi 7- 1 e 0 a IC lG 7
Gwat, r
SUBDIVISION: Accl Su lecohc.e SZn
LOTS BLOCK: SEC:
TYPE STRUCTURE: 11 a is C
NO. BEDROOMS: 3 NO. BATHS: /
NO. PEOPLE: G DESIGN FLOW: -3d
GARBAGE GRINDER: YES ( ) NO (V )
SEPTIC TANK: I MO GAL. PUMP TANK: IVA GAL.
NO. LINES: o r WIDTH: 3 Ff .
TOTAL LENGTH: i Sn FT. TOTAL N O SQ. FT.
WATER SOURCE: G_v^r+kn%
HORIZONTAL DISTANCE FROM WELL: Fr
SITE MODIFIED: YES (V/) NO ( )
DRAINAGE REQUIREMENTS:
❑ New Construction
Repair
Existing System
per
Q vwt
enl►n . -Fro—
?� v`r_k�lh
j� to no`L
dr�re ar rrK oAoeK sofli
*SYSTEM SHALL NOT BE INSTALLED
UNDER WET CONDITIONS
*Trench bottom depth to be no deeper than /�(
naturally occurring surface.
Easement Required: Yesy No
Drainage Maintenance Req. Surface ( ) Subsurface ( )
Maintain Minimum 10' From Water Line
Comments: (�3 ) 5 i Main f i n e5
27'x 66 -rill c,ren
t'equireC�Jc.��e/ irSf"a(�a�'o� I�h
* Prior to any changes in system layout. approval must be obtai
from Health Department.
*NOTICE: Construction must comply with all state and local
regulations. Do not install well until well site has been approv
on inspection.
• STRUCTURE: SHALL BE PLACED SO THAT GRAVITY
FLOW IS ACHIEVED OR PUMP SYSTEM SHALL BE
RFr11TTAT: '%
* NOTICE: Beware much property in Carteret County is subject
to Wetland Regulations and properties containing wetlands
should receive approval from U.S. Army Corp. of Engineers
prior to development.
.1. 1_ v 4zP clusf cn)

c,t,e . +
41
13-:3
CARTERET COUNTY COURTHOUSE
ENTRAL
ERMIT OFFICE OF
emmmealme
COURTHOUSE SQUARE
BEAUFORT. N. C. 2851 6-1898
P
728-8545
BUILDINGS. MOBILE HOMES. ELECTRICAL. PLUMBING. MECHANICAL
Pursuant to NCGS 113A-119(b), Carteret County, a locality
authorized to issue CANA permits in areas of environmental concern,
hereby gives notice that on &&Q4
, applied for
/for a CAMA permit to
1IL� ilk `pil1J I'i�7 /fY�U �p 1�) �r"'It (n d� I wA Ci 1 T , l
er a-it�i'���L>>h'��► `� „.2WHI
The application may be inspected at the address below. Public
comments received by --)- k • OC7 will be considered up
to the time of permit decision. Project modifications may occur
based on further review and comments. Notice of the permit
decision in this matter will be provided upon wr�tten request.
CAHA Local Nbrmit Officer
Carteret Cc1Qnty
Central Permit Office
Courthouse Square
Beaufort, N. C. 28516
[phone]
Please publish on ( Q -71- �-7
and return Affidavit of Publication as
soon as possible.
Thank you.

... ..... ..`f)................0 .................4f J ..............., ♦ ,............... ...
LINDA McCLEES NCDL 2439794 3558
DENNIS McCLEES
PH. 919-393.7829 66.770412531
247 LIVE OAK RD
NEWPORT. NC 28570-/�—.__..r!r T
r'Arnr7lir:
--I&
State Empjpyees' Credit Union
62 Bfonhiad Cily. NnMh Cnmlina
1:253L770491:08621.26952211' 3SS13
COUNTY OF CARTERET
Central Permit Office 2719
Western Office
Beaufort, N. C., �, �' 19
RECEIVED FROM
IN PAYMENT OF PERMIT k ! '..i��r' BUILDING PERMIT $
MOBILE HOME PERMIT $
ELECTRICAL PERMIT $
PLUMBING $
MECHANICAL $
RECEIVED , Y
OFFICIAL RECEIPT TOTAL AMOUNT PAID $ Id r
oov
pLEIP-Lun Y.JIJ
F-JUH 2 7 07
IM

July 8, 1997
Dear Mr. Tyndall,
JUL 0.8 1997
�J
Chris Jones told us you were the person we should contact concerning Dennis McClees and his
application for a CAMA permit. This permit should not be issued.
Mr. McClees has dumped 3-4 feet of dirt, all at one time, in his yard. A compactor ran over the
mound top then broke down and was removed. On July 2, after the stop order had been issued, several
more loads were dumped. A bulldozer spread this but it was not compacted at all
The run off from this will drain, downhill, into the ditch in front of his property. Two houses
down, this ditch empties directly into Bogue Sound via our boat slip.
A new, mound system septic tank was put in between the backfill and this ditch, with the laterals
running towards this ditch. What will happen when it overflows, or Mr. McClees drives over it in order to
get into his proposed two car garage ? This will end up in Bogue Sound.
Run off on the water side will run off into our next door neighbor's yard. How is this run off
going to effect their septic ? It will go into it creating a problem for them and us. What happens when it
overflows due to runoff ? Will we be affected by odor and mosquitoes. This very well can lower the
value of our property. If we sell, we are required to note this on the property disclosure we must sign.
On Mr. McClees' site improvement permit he states one bathroom. On the building permit he says
two. He has told us and other neighbors he will have three, the third being on the ground level.
Was the location of the adjoining property owner's well taken into consideration when the new
septic was installed ?
There are many questions not answered. The CAMA permit should not be issued unless all
engineering reports are filed with all problems guaranteed corrected and Mr. McClees has paid in full any
fines he may incur because of what he has already done with out authorization.
We do not want to see Bogue Sound or our environment suffer or our property value lowered
because of Dennis McClees.
We will be looking forward to your actions to correct all these problems.
Sincerely,
Mr. & Mrs. Lee Jones
257 Live Oak Road
Newport, NC 28570
cc: Chris Jones
Carteret County Dept of Environmental Health
Carteret County Central Permit Office

BRYANT & STANLEY
TTORNEYS AT LAW
1 13 TURNER STREET
POST OFFICE BOX ISO
BEAUFORT. NORTH CAROLINA 28516
TELEPHONE [phone]
FAX [phone]
ALFRED S. BRYANT
RICHARD L. STANLEY
July 23, 1997
Mr. Joe Dunahue
Oceanside Engineering & Surveying
8810 Emerald Drive
Emerald Isle, NC 28594
n
i DFtw L
L 2 4 1997 '+
EMERALD ISLE OFFICE:
7701 D EMERALD DRIVE
EMERALD ISLE. NORTH CAROLINA 2B594
TELEPHONE [phone]
FAX [phone]
Re: Dennis McClees, Lot 18, Daisy Sanders Koonce Subdivision
Dear Mr. Dunahue:
I represent Mr. and Mrs. Claud L. Dunn, Jr., Smithfield, North
Carolina, owners of the property immediately west of Dennis McClees
in the Daisy Sanders Koonce Subdivision. Dennis McClees has
proposed placing a substantial amount of fill on his property in
order to raise both the septic tank and house, and his application
for the Office of Coastal Management at this point is on hold
pending resolution of the issues involving stormwater runoff.
Obviously, Mr. and Mrs. Claud Dunn are very concerned as the runoff
from the elevated lot of Dennis McClees will severely impact Mr.
and Mrs. Dunn's property. The purpose of this letter is to notify
you of my representation of Mr. and Mrs. Dunn and to request that
you forward to me any engineering plans or proposals as to how the
runoff is to be handled and directed.
As you are undoubtedly aware, North Carolina law protects property
owners substantially affected by alterations changing the natural
flow of surface waters. Obviously, Mr. and Mrs. Dunn do not wapt
to be inundated with stormwater from McClees. Accordingly, please
provide us with your client's proposed plans.
Sincerely yours, ��y1
Richard "tanley&
RLS:srm
cc Mr. and Mrs. Claud L. Dunn, Jr.
Charles Jones
North Carolina Office of Coastal Management
0

Claud L. Dunn, Jr. & JoAnne O. Dunn
207 Brookside Dr.
Smithfield, N. C. 27577
June 24, 1997
Mr. Charles Jones
N. C. Department of Environment
Coastal Management Office - CAMA
151-B Highway 24, Hestrom Plaza
Morehead City, N. C. 28557
n
J�
JUN 2 4 1997 fif
ur_:�,
Re: Complaint concerning
Charles D. McClees' (247 Live Oak Rd.,
Newport, N. C.) applied -for CAMA permit
Dear Mr. Jones:
My wife and I own a home at 249 Live Oak Road, Newport, adjacent to
property owned by Mr. Charles D. McClees. Both properties are approximately 285'
by 651, and front directly on Bogue Sound. Mr. McClees has, within the past
thirty days, destroyed the home and septic tank that were previously located on
his property, installed a new septic tank and drainfield, has hauled in numerous
loads of fill dirt, and has laid out to dig foundations for a new home. Mr.
McClees had received a building permit from the Carteret County Central Permit
Office, but his construction efforts have now ceased due to the issuance of a
stop -work order by that same office. It is my understanding that a CAMA permit
must be issued before construction can begin again, and that Mr. McClees has
applied for that permit, with the first advertisement relating to it to be run
in the county newspaper on Wednesday of this week.
My wife and I object to Mr. McClees' proposed construction, and the purpose
of this letter is to formally notify you of our objections and complaints
concerning it.
Mr. McClees' told us some time back that he was going to destroy his old
home and build a new one. He told us he had obtained the permits necessary to
do so, but he never gave us any details concerning construction. When we were
at our property on June 14 and 15, we saw that the sewer system had been
installed and that a large mound of fill dirt had been hauled in, which we
assumed would be spread out over the construction site. We talked with Mr.
McClees on Sunday, June 15, and he never mentioned to us that additional fill
would be hauled in. On Monday night, June 16, Mr. McClees called me at our home
in Smithfield and told me that in order to begin construction the next day, it
would be necessary for me to sign and fax back to him a paper which he had just
faxed to my office. Upon retrieving the fax, I found that he had sent me a blank

f
Page 2
June 24, 1997
Mr. Charles Jones
"Adjacent Riparian Property Owner Statement" (copy attached, as Exhibit A, with
Mr. McClees' fax number highlighted). Before I could return Mr. McClees' call,
one of my other Bogue Sound neighbors called to tell me that Mr. McClees' had
that day hauled in in excess of 40 tandem loads of fill dirt. Mr. McClees thus
deceived me by not telling me of the additional fill dirt that was hauled in, and
attempted to get me to sign the faxed statement in blank under a false
assumption. Of course, I did not sign the statement, and my objections and
complaints relate to the great mound of fill dirt which Mr. McClees now has on
his property.
Mr. McClees has had his fill dirt compacted, and the center of that mound
is about four feet higher in elevation than either our property or that of the
other adjacent property owner. Mr. McClees has said that he intends to fill his
lot in, from the big, four -foot -high mound where he proposes to build his house,
all the way out to his concrete seawall. If he does, we will be concerned with
fill dirt and ground water spilling over into our yard from the entire 285'
property line we share with Mr. McClees.
We are greatly concerned about the water run-off from Mr. McClees yard into
ours. Since water runs downward, we are going to get about one-half of the water
from his yard and house. We will be unable to keep anything at ground level,
because during every rainfall, we'll be standing in water.
Our septic tank and drain lines are adequate for our use, but have been in
place for several years. If we get the water from Mr. McClees that I anticipate
we will, our sewer system will not be operable, and must be replaced with an
above -ground system at, not Mr. McClees' cost, but ours.
We are also concerned that the mound of fill will tend to level itself out
into our yard, which is now four feet lower than Mr. McClees' yard on one side,
and one and one-half feet lower than Mr. Jones yard on the other side. Mr.
McClees hauled fill into his yard in August of 1996, and did not contain it in
his yard, with the result that it has spread into our yard. Please see Exhibit
B, photo taken from our upper porch, five feet or so within the property line,
and looking toward the waterfront property line at the end of the concrete
seawall. Mr. McClees did not contain his soil before, and we question that he
will do it now.
When Mr. McClees completes hauling and compacting fill dirt, out house will
sit in a valley, or ditch, between our two adjacent neighbors. Our property
value is going to drop, with a considerable economic loss to us. A number of
additional photos accompany this complaint, and are marked and identified as
follows:

Page 3
June 24, 1997
Mr. Charles Jones
Exhibit Description
C Our house, and the mound, from the property
line, near the waterfront
D View from our lower porch, across the mound,
to the other adjacent property
E View of our house, across the mound, from the
other adjacent property
F,G,H,I View of the other adjacent property, across the
mound, from our front yard
We believe our objections and complaints are well-founded, that allowing
Mr. McClees to continue his construction will forever damage our property as a
result of water and soil run-off, that our septic system will ultimately be
rendered inoperable due to excessive water and soil in our yard, that we will
suffer great economic loss because our property will be in a valley or ditch, and
the value of it will decrease, and we therefore request that Mr. McClees' CAMA
permit application be denied.
Your
s truly,
Claud L. Dunn, Jr.
J Anne O. Dunn
CLDjr:dc
encls.
PC: Mr. Chris Jones
Code Enforcement Official
Carteret County Central Permit Office
Courthouse Square
Beaufort, N. C. 28516-1898
Mr. Claud R. Wheatley, Jr.
Attorney At Law
410 Front Street
Beaufort, N. C. 28516

Cl/01/1995 11:38 919-393-3255 UNDERGROUM) EAST PAGE 01
MAR-2G-9G 16.49 .=ROM. ID:1Jf972a2OS2 PACE 2.
ADJACENT RIB "LAN PROIERTY C3"NM STATEMENT
I hereby certify that I own propeM adjacent to PS
(NamofPr4pextp Owadc)
property located at -
(I.at, Block, Road, etc.)
(Waterbody) ('Town and/or County)
He has de=l)ed to me as &Town below, the developn=t he is proposing at that molt,
and, i have no objections to his proposal.
DESC?JWn0N ANDIOR DIAWWG ()F FROPMED DEVELOPMENT
(To be f W i1t by MZWMIAd PnW0aing devakpmeW)
Sigflat=
Print or Type Na=

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"6bbrfip7efe fte and/or 2 for additional services.
r`a ■Complate ite'341; and 4b.
fpATjt P4urynameand address on the reverse of this torn so that we can return this
r ■Attach this form;o tho front of the mailpiece, or on the bads ff space does not
4 pemut.
S.!YYdts RBf}m"Receilvt Requested' on the mailpiece below the amide number.
■The Retum Receipt will show to whom the article was delivered and the date
c delivered.
v 3. Article Addressed to: 4a. Article N
_d
4b. Service'
E Dennis McClees :�---"'"`-�•
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
mhor
_ ❑ Registered
.247 Live Oak Rd.: ❑ Express Mail
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ACertified
❑ Insured
Newport, NC 28570 J -t ,;.'a ❑ Return Receipt for Merchandise ❑ COD
;�, A ` ) -) Date of Deliver)
5. Received By: (Print Name) , , - , ; �.' 8. Addressee's Ad
and fee Ls paid)
g 6. Signature: JAVqressee or Agent
X P�
PS Form 3811, December 1994 DOt
m

UNITED STATES POSTAL SERVICE
First -Class Mail
111111 Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
NO DIVISION OF COASTAL MANAGEMENT
I HESTRON PLAZA II, 151-13, HWY. 24
MOREHEAD CITY, NC 28557
[phone]
' cry

rsiWF-y
State of North Carolina
MICHAE1. F. EASL6Y Department WJustice
ATTORNEY GENE.IIAL 11. 0. BOX G20
RALLItrtt
2760 :2- )(i:29
September 30, 1997
Mr. Richard L. Stanley
J� TT�� 1 f997' )
XV �s J
REPLY TO: Robin W. Smith
Environmentnl Division
Tel. [phone]
Fu.[phone]
Attorney at Law CERTIFIED MAIL
P.O. Box 150 RETURN RECEIPT REQUESTED
Beaufort, N.C. 28516
Re: Order Denying Request for Contested Case Hearing
Dear Mr. Stanley:
Enclosed please find a copy of the order entered by the Chairman of the Coastal
Resources Commission denying the request for a contested case hearing submitted on behalf of
Mr. and Mrs. Claud L. Dunn. The Dunns may appeal the decision by filing a petition for judicial
review in the superior court of Carteret County within thirty (30) days after receipt of the order.
Please note that a copy of any petition must be served on the tigent for service of process for the
Coastal Resources Commission at the following address:
Mr. Richard Whisnant
General Counsel
Dept. of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611
Please call if you have any questions.
ly Yo
JAL
Robin W. Smith
Assistant Attorney General
cc: Dennis McClees
Tere Barrett (DCM - Morehead City)
Mary Dee Carraway
���

State of North Carolina
MICHAEL F. EASLEY UCj)artment Of JLIS1iCC
ATTORNEY GENERAL 13. O. BOX 629
RAL SIGH
27602-0629
September 16, 1997
Mr. Richard L. Stanley
Attorney at Law
P.O. Box 150
Beaufort, N.C. 28516
Re: CAMA Hearing Request by Claud L. Dunn
Dear Mr. Stanley:
REPLY TO: Robin W. Smith
Environmental Division
Tel. (919)7t 6-6600
Faa.[phone]
SEP 2 21997
COASTAL MA14AGEMENT
The Chairman of the Coastal Resources Commission has decided to deny the hearing
request submitted on behalf of Mr. and Mrs. Claud L. Dunn. Petitioners will receive an order,
signed by the Chairman, setting out the grounds for his decision.
The petitioners may appeal the Chairman's decision by filing a petition for judicial
review in the superior court pursuant to N.C.G.S. §§ 113A-123(a) and 150B-45 within thirty (30)
days after you receive the Chairman's order.
Please call if you have any questions.
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
cc: here Barrett
Mary Dee Carraway
Dennis McClees

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF: )
REQUEST FOR CONTESTED )
CASE HEARING BY CLAUD L. )
DUNN and wife JOANNE DUNN )
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
CMT 97-06
This matter came on before the Chairman of the Coastal Resources Commission as a
request for a contested case hearing pursuant to N.C.G.S. § 113A-121.1 and 15A 7J.0301. Claud
L. Dunn and Joanne Dunn (hereinafter "Petitioners") filed a Third Party Hearing Request
pursuant to N.C.G.S. § 113A-121.1 seeking permission to file a Contested Case Petition to
challenge the issuance of CAMA Minor Development Permit No. 13-97 issued to Dennis
McClees for construction of a single-family residence near Goose Creek in Carteret County,
North Carolina.
Upon consideration of the petition for contested case hearing and the recommendation of
the Division of Coastal Management, Department of Environment, Health and Natural
Resources, the Chairman makes the following:
1. Dennis and Linda McClees own property at 247 Live Oak Road, in Carteret County
North Carolina. The McClees property is located off Bogue Sound, near Goose Creek, in the
Estuarine Shoreline AEC. The portion of Bogue Sound that is adjacent to the McClees property
is classified as Outstanding Resource Waters ("ORW"). The shoreline is bulkheaded.
2. At some time prior to July 8, 1997, Mr. McClees removed the house and septic
system that were previously located on his property and installed a new septic tank and

i
2
drainfield. McClees added approximately four feet of fill material where the new septic tank was
to be located and added fill to the area where he planned to construct a single family residence.
All of this development was undertaken without a CAMA Minor Development Permit.
3. On July 8, 1997, Tere Barrett, a DCM Field Representative, issued a Notice of
Violation requesting that Mr. McClees immediately cease and desist the unauthorized
development activity. The Notice of Violation included a restoration plan which required:
(a) The installation of silt fencing or other adequate sedimentation/erosion control
barriers immediately around all unconsolidated material in order to prevent the movement of
material in storm events; and
(b) A stormwater plan sufficient to prevent runoff from Mr. McClees property onto
adjacent properties was required to be submitted to DCM in coordination with the Division of
Water Quality. The approved system had to be installed and properly functioning prior to any
additional development of the site.
4. On August 8, 1997, DCM issued CAMA Minor Development Permit No. 13-97 to
Dennis McClees for the development of a single family residence at 247 Live Oak Road,
Newport, North Carolina, in Carteret County. The permit required that a portion of the fill
material be removed and the lot regraded so that its final elevation would be "within -one foot,
more or less" of its pre-existing ground level.
5. Petitioners own property at 249 Live Oak Road, Newport which is adjacent to Mr.
McClees property. On August 29, 1997, the petitioner filed a Third Party Hearing Request to
contest the permit.

3
6. Petitioners' hearing request alleged that the permitted project would result in increased
runoff onto Petitioners' property leading to ponding of water, erosion and other problems.
Based on the foregoing Findings of Fact, the undersigned makes the following:
1. For purposes of N.C.G.S. § 113A-121.1(b), Petitioner is directly affected by the
permit decision in that Petitioner owns real property adjacent to the project site.
2. Petitioner's hearing request alleges violation of specific sections of the Coastal Area
Management Act.
3. Petitioner failed to allege facts or make legal arguments demonstrating that the request
for the hearing is not frivolous within the meaning of the statute in that:
(a). Coastal management statutes and rules do not address stormwater management
except in limiting the amount of impervious surface within the Estuarine Shoreline AEC and
Petitioner has alleged no facts suggesting that the permitted project will exceed those limitations.
Neither CAMA nor the rules adopted by the Coastal Resources Commission pursuant to CAMA
regulate the impacts of altered drainage patterns on adjoining properties. As a result, Petitioner's
concerns about stormwater runoff do not state a grounds for denial of the CAMA permit.
(b) None of the facts set forth in Petitioners' hearing request suggest that the site is now
in violation of the requirements of the Sedimentation Pollution Control Act, N.C.G.S. §
113A-50, et seq., or that construction and site preparation as permitted under CAMA Minor
Development Permit No. 13-97 will result in.violations of that Act.
(c) None of the impacts alleged by Petitioners would "unreasonably endanger life or
property" within the meaning of N.C.G.S. § 113A-120(a)(6).

a
4
Therefore, Petitioner's request for a contested case hearing is hereby DENIED.
.1 G'UTI
This the a day of September, 1997.
Eugel a B. Tomlinson, Jr., Chairman
Coastal Resources Commission

G0 E CK
LOOP RD
SI TE
I
- �INDICATES DIRECTION OF FLOW IN GRASS SWALES FROM STORM RUNOFF
ALSO INDICATES DIRECTION OF FLOW INSIDE DOT'S ROADSIDE DITCH
I JOSEPH F. DUNNEH00 PE/RLS CERTIFY THAT
DOES NOT EXCEED PREV IOUS FLOW FROM OLD
AREA OF LOT = 16,700 SQ FT +/- WHICH = 0.38 ACRES +/-
IMPERVIOUS AREA IN SQ FT = 920 DRIVEWAY + 1856 BLDG =2776 TOTAL
PERCENT IMPERVIOUS AREA = 2,776/16,700=16.7% LESS THAN 25%
COEF OF RUNOFF= 0.30... SANDY SOIL ... FLAT GROUND..GRASS COVER
WILMINGTON, NC 10 YEAR STORM CALCULATIONS ... INTENSITY = 7.5 IN/HR
OVERLAND SHEET FLOW ACROSS ALL FILLED AREA.. VELOCITY NOT TO EXCEED 5.0 F/S
CALCULATIONS FOR RUNOFF ... 75 ' NEXT TO SOUND DRAINS TO SOUND AS
BEFORE
FRONT 175' +/- DRAINS TO ROAD SIDE DITCH...
APPROXIMATELY 8750 SQ FT DRAINS TO THE SWALE ON THE WEST SIDE OF
PROPERTY
APPROXIMATELY 2765 SQ FT DRAINS TO THE SWALE ON THE EAST SIDE OF
PROPERTY
FLOW WITHIN WEST DITCH = 0.45 CF/S... VEL. = 0.79 F/S... DEPTH = 0.44
FT
FLOW WITHIN EAST DITCH = 0.32 CF/S... VEL. = 0.72 F/S... DEPTH = 0.38
FT
FINISHED SECOND FLOOR
TYPICAL 1A
SCALE: NONE
THIS FLOW
STRUCTURE
D — 7 ro ,
� � N
' • 3q'00 W
.p0 �
0 D
■00'1 ,
PROPOSED WALL, CEILING & ROOF SYSTEM
AS PER PLANS BY OTHERS
WRAP HURRICANE TIES TO THE • `�
BOTTOM CHORD OF ROOF TRUSS •
AND ATTACH AS PER CODES AT •
16 INCHES ON CENTER OR ON EACH TRUSS lk*00
NEW 1 /2" PLYWOOD SHEATHING W/
VAPOR BARRIER
w
• tO
o
EXISTING WALL AND FLOOR �►���
SYSTEM AS PER PLANS
NEW GYPSUM WALLBOARD AS NEEDED
5/8 INCH ANCHOR BOLT AT 6' ON CENTER
AND WITHIN 2' OF ANY CORNER
PROPOSED WALL AND FLOOR
30"x21 " CONCRETE GRADE BEAM/PILE
CAP W/(6) #6 REBAR CONTINUOUS
AND W/ 6 TIES ® 48" ON CENTER
8x8 PRESSURE TREATED PILES (SEE
DRWAINGS). DRILL BOTTOM CENTER
CONTINUOUS REBAR THROUGH TOP OF
PILES. PILES SHALL HAVE A MINIMUM
PENITRATION OF 10'-0"
ALL SECTION
XISTING GRADE BEFORE CONSTRU
10' ACROSS TOP OF DiVCH
2.5' ACROSS B
THIS SLOPE WILL BE
RE -GRAD EACH BLOCK REPERSENTS
ONE FOOT
PROPOSED NEW GRADING PLAN P
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I I
SECTION C-C
I i
I I
PROPERTY OE � DENNIS, AND LINDA MCCLEESE I
I 247 LIVE OAK ROAD
I
NEWPORT, NC
I
+`,i�p 11Y1tr1��� , I
PL
ALL SURVEYING DATA TAKEN FROPd
B 0GUE SOUND
SWALE'S ENTRANCE AT 1 FT ABOVE BOTTOM
PR''L T,4jNARY 0 RhV(iIpTCS
nY
SECTION D
ROAD SIDE
DITCH
SURVEY BY PATE PHILLIPS AND
ASSOCIATES SEE ATTACHED ENCLOSURES. . u1
�
�,,.
ALL ENVIROMENTAL DATA TAKEN FROM
•GIN...
�s H F.
y�
CARTERET COUNTY HEALTH DEPARTMENT,
'""•'�`14(//�/���\��
fe
SEE ATTACHED ENCLOSURES.
ha. l/\\v\
���� caum f/
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8810 EMERALD DRIVE
GRAPHIC SCALE
EMERALD ISLE, NC 28594
0 10 20
80 PHONE [phone]
WATER.. SEWER..SEPTIC ..HOUSE PLANNING.. STRUCTURAL
c
! a
j
( IN FEET)
1 inch = 20 it.
JOSEPH F. DUNNEH00 PE/RLS
�
,.e'-,

STATE OF NORTH CAROLINA BEFORE THE CHAIRMANn
COASTAL RESOURCES COMMIS
COUNTY OF CARTERET CMT 97-06 ES11 1997
PETITION FOR ) '.."""------------ -'
THIRD PARTY HEARING ) RECOMMENDATION OF DIVISION
BY CLAUD L. AND JOANNE ) OF COASTAL MANAGEMENT
DUNN 1
Pursuant to G.S. § 113A-121.1(b) of the Coastal Area Management Act ("CAMA")
Claud L. Dunn and his wife Joanne 0. Dunn (hereinafter "Petitioners") have filed a Petition for a
Third Parry Hearing with the Coastal Resources Commission ("CRC"). Petitioners seek
permission to file a Contested Case Petition with the Office of Administrative Hearings to
challenge the issuance of CAMA Minor Development Permit No. 13-97 issued to Dennis
McClees authorizing development in the Estuarine Shoreline Area of Environmental Concern
("AEC") at 247 Live Oak Road, off Bogue Sound, near Goose Creek.
-� 1. FACTS
A. CAMA M1 or Permit No. 13-97 was issued by Division of Coastal Management Field
Representative Tere Barrett of the Morehead Regional Field Office on August 8, 1997. It
authorizes land disturbing activity and the development of a single family residence on property
owned by Dennis and Linda McClees in the Estuarine Shoreline AEC. (See sketch incorporated
with permit, included as Attachment A)
B. The project site is located at 247 Live Oak Road, off Bogue Sound, near Goose Creek,
Newport, North Carolina, Carteret County. The portion of Bogue Sound that is adjacent to the
McClees property isclassified as Outstanding Resource Waters ("ORW"). There is an existing
bulkhead on the shoreward side of the McClees property.

2
C.
Mr. McClees destroyed the existing home and septic tank that were previously located on
his property end installed a��w septic tank and drainfield. He then built his lot up
approximately four feet by adding fill material where the new septic t was to be locate . He
also added fill to the area where he planned to construct a single family residence. This
development was undertaken without a CAMA Minor Development Permit.
D. On July 8, 1997, Tere Barrett, a Field Representative of DCM issued a Notice of Violation to
the Permittee, requesting that Mr. McClees immediately cease and desist the unauthorized
development activity. The Notice of Violation included a restoration plan which required:
(1) The installation of silt fencing or other adequ a sediminetatio erosion control
barriers immediately around all unconsolidated material in order to prevent the movement of
material in storm events; and
(2) A stormwater plan sufficient to prevent runoff from Mr. McClees property onto
adjacent properties was required to be submitted to DCM in coordination with the Division of
Water Quality. The approved system had to be installed and properly functioning prior to any
additional development of the site.
E. On August 8, 1997, a CAMA Minor Development Permit was issued to Dennis McClees for
the development of a single family residence at 247 Live Oak Road, Newport, North Carolina, in
Carteret County. The permit required that a portion of the fill material be removed and the lot
regraded so that its final elevation would be "within one foot, more or less" of its pre-existing
ground level. (See Attachment C, Engineer certified drainage plan). DCM interpreted this
language to mean that the final elevation of the lot would be within 6 inches (higher or lower) of
the pre-existing ground level.

311
3
F. Petitioners own property at 249 Live Oak Road, Newport which is adjacent to Mr. McClees
property. On August 29, 1997, the petitioner filed a Third Party Hearing Request to contest the
permit. This petition is included as Attachment B.
II. ARGUMENT
In order to be granted a third party hearing under G.S. § 113A-121.1(b), Petitioners must
meet three criteria: they must allege that the permit decision is contrary to a statute or rule; be
directly affected by the decision; and allege facts or make a legal argument that demonstrates that
the request for the hearing is not frivolous.
A. Petitioners have not identified any statute or rule violated by the permit decision, as required
by G.S. § 113A-121.1(b)(1).
Petitioners state that the following rules or regulations are violated by the permit
decision: (See Petition, Attachment B - Exhibit B.)
(1) G.S. § 113A-120(a)(6) G.S. 113A-113(b)(6) -
These statutes address the Natural -hazard areas "where uncontrolled or incompatible
development could unreasonably endanger life or property and other areas especially vulnerable
to erosion, flooding . . . . " G.S. § 113A-113(b)(6). Although G.S. § 113A-120(a)(6) does require
that DCM deny an application for a permit in a natural hazard area that is of such a manner as to
unreasonably endanger life or property, the McClees property is not in an area that has been
designated by the CRC as a natural hazard area. Even if this was a natural hazard area, this
project was not determined to be of such a nature to present an unreasonable danger to life or
property.
(2) G.S. § 113A-120(a)(8) and G.S. 113A-120(bl)(4)-

0
G.S. 113A-120(a)(8) states that DCM shall deny an application for a permit that is
inconsistent with the State guidelines or the local land -use plans, and G.S. § 1 13A- 1 20(b 1)(4)
states that DCM may- deny a permit application if the applicant has failed to substantially comply
with State rules or local ordinances and regulations .... G.S. § 113A-120(bl)(4). Although
Petitioners do not specifically state whether they deem the project inconsistent with local or state
guidelines, it can be assumed from their argument that they are referring to State guidelines on
stormwater and sedimentation and erosion control measures, In paragraphs 1(a) and (b) of their
argument, Petitioners state that their engineer has determined that the McClees lot will not drain
to the road because the lot slopes almost two feet from the street towards Bogue Sound.
Petitioners contend that the one -foot swale on the side of the McClees lot will not contain the
stormwater runoff. Petitioners state that since the existing seawall is higher than the filled
portion of the lot near the seawall, the water will flow from the newly constructed house and.
septic tank area towards the bulkhead and then onto the adjoining properties. Petitioners contend
that this runoff will cause flooding, septic tank failure, mosquito breeding, erosion and other
environmental problems.
In issuing CAMA Minor Permit No. 13-97, DCM considered all relevant development
standards and determined that the McClees permit application met both state and local
guidelines. In issuing the Notice of Violation for the work that was originally undertaken
without a permit, Tere Barrett of DCM required as part of restoration that Mr. McClees install
silt fences or other adequate erosion control barriers around all unconsolidated material in order
to prevent the movement of material in storm events. Mr. McClees did install a silt fence in front

5
of the fill material on a line parallel with the bulkhead, and Tere Barrett was satisfied that the
restoration conditions had been met.
Permit No. 13-97 also contains several conditions that address Petitioners' concerns over
stormwater runoff and erosion. Permit condition # 1 requires that a drainage plan be installed in
accordance with a an engineer -designed and certified plan submitted by Mr. McClees on August
8, 1997. Permit condition # 2 requires that adequate sedimentation/erosion control measures be
employed around all fill until the area is vegetatively stabilized. Tere Barrett, visited the
property before issuing the permit and determined that both of these conditions were met. The
Division will continue to monitor the conditions at this site and if a violation of the permit is
discovered, appropriate enforcement action will be taken.
Petitioner also meets the requirement in 15A 7H.0209(e)(2) which requires that normally,
the impervious surface of a project in the estuarine shoreline shall not exceeded 30 percent of the
AEC area of the lot. This limit is decreased to 25 percent in estuarine shoreline that is
contiguous to waters classified as ORW. The impervious surface of Mr. McClees project is
approximately 16.7 percent of his lot and is thus well within the acceptable limits of the CRC's
rules.
(3) G.S. § 113A-57 -
Petitioners argue that G.S. § 113A-57, mandatory standards for land -disturbing activity is
violated by issuance of CAMA Minor Development Permit No. 13-97. This requirement is
incorporated into CRC rule 15A NCAC 7H.0209 which provides in relevant part:
All development projects, proposals, and designs shall comply with the
following mandatory standards of the North Carolina Sedimentation Pollution

0
Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer
zone along the margin of the estuarine water which is sufficient to confine
visible siltation within 25 percent of the buffer zone nearest the land disturbing
development.
(B) No development project proposal or design shall permit an angle for graded
slopes or fill which is greater than an angle which can be retained by vegetative
cover or other adequate erosion -control devices or structures .. .
15A NCAC 7H.0209(e)(3)(A), (B).
The Division was satisfied that the McClees project was in compliance with this rule before
issuance of the permit. There is a buffer between the fill material and the bulkhead which is
separated by silt fencing. Field Representative Tere Barrett was satisfied that the visible siltation .
was within 25 percent of the buffer zone nearest the land disturbing development. She was also
satisfied that the angle of the graded slope on the McClees lot is not greater than that which can
be retained by vegetative cover or the erosion control plan that has been designed for this
property.
B. Petitioners contend that they are directly affected by the permit decision because they are the
adjacent property owners. Petitioners argue that ponding will occur on their property which will
have a significant adverse effect on both the value and enjoyment of their property. They submit
that this stormwater will stand on their property, causing wet soil, which will result in problems
with their septic system, and possibly to the foundation of their house. Petitioners also state that

7
stormwater will directly affect the public waters in that the runoff from the four feet of fill over
the northern one-half of the lot will flow to the adjacent properties and then into Bogue Sound.
For purposes of this third party hearing request, DCM does not contest Petitioners'
assertion that they are directly affected by the decision. G.S. § 113A-121.1(b)(2). As previously
stated, conditions # 1 and # 2 address Petitioners' concern over stormwater and runoff. Condition
# 1 requires that a drainage system be installed according to an engineer's plans, and condition #
2 requires that adequate sedimentation/erosion control measures be employed around all fill until
such time as the area is vegetatively stabilized. If DCM discovers that these conditions have
been violated at a future date, appropriate enforcement actions will be taken.
C. Petitioners have not alleged facts or made legal arguments that demonstrate that the
request for the hearing is not frivolous. G.S. § 113A-121.1(b)(3).
The quasi-judicial authority of the Coastal Resources Commission is limited to appeals
from permit decisions and civil penalty assessments under the Coastal Area management Act and
the Rules of the Coastal Resources Commission. Minor Development Permit No. 13-97 was
issued lawfully, taking these development standards into account. Petitioner has not alleged facts
which, if proven would show that DCM exceeded its authority, acted erroneously, failed to use
proper procedure, or acted arbitrarily or capriciously. Petitioner has offered no grounds upon
which to prevail and thus has not met his burden of demonstrating that his request is not
frivolous.
III. RECOMMENDATION OF DIVISION OF COASTAL MANAGEMENT
In conclusion, Petitioners have not met the criteria set forth in G.S. § 113A-121.1(b) to
justify a contested case hearing. Petitioners have not identified any statute or rule which is

violated by the issuance of the permit, and they have not alleged facts or made legal arguments
that demonstrate that the request for the hearing is not frivolous.
For the reasons stated herein, the Division of Coastal Management recommends that the
petitioner's Petition for Third Party Hearing be DENIED.
This the 1 Oth day of September, 1997.
\19465
ry�aV1EDU
Mary Ded Carraway
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

W
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT, with attachments, was served on Petitioner's
attorney, Richard L. Stanley by causing a copy thereof to be deposited in the United States Mail,
first class, postage prepaid, addressed as follows:
Richard L. Stanley
P.O. Box 150,
113 Turner Street
Beaufort, NC 218516
This the 1 Oth day of September, 1997.
Michael F. Easley
Attorney General
II
Mary Dee'Carraway
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

APPLICATION FOR
JllN 2 719N97 IIIkn-y-a CAMA
Carolina Coastal Management Program and your
willingness to build in a way which protects the
resources of our beautiful and productive coast.
Coastal Resources Commission
Division of Coastal Management

STATEMENT OF OWNERSHIP
I, the undersigned, an applicant for a CAMA minor development permit, begin 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 sig-
nifican interest in the real property described therein. This interest can be described as follows: (check one) �Z 7
'7an owner of record title, Title is vested in ellAe,.45 v -e- L>NO/J ee Deed Book
page fain the GA. 4-f94 ET County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I
have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
(1) GvdoV 22,!�_/i "A 4CD hic. &_ZS!5_2e>
(2) ed-,X Ls P V A IV � / Z %`�' /S7�i(r f S' A D � % 517
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD 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 floodproofing 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 application includes: general information (this form), a site drawing as described on the back of this ap-
plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 made payable to
the locality, and any information as may be provided orally by the applicant. The details of the application as
described by these sources are incorporated without reference in any permit which may be issued. Deviation
from these details will constitute a violation of any permit. Any person developing in an AEC without a per-
mit is subject to civil, criminal and administrative action.
This the /'07 day of ..7"cf-hl £. .19 9% .
Land owner or"person authorized to act as his agent
for purposes of filing a CAMA permit application.
in
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n
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s

Locality
GENERAL INFORMATION
LAND OWNER
Permit Number
Name
Address
City /✓���0'47- State Al �- _ Zip ozS-S?a Phone '3 F3
AUTHORIZED AGENT
Name
Address
City
State Zip
Phone
LOCATION OF PROJECT %3o 6-a f 3 a u.,/ a Nf�-< 4<f Z4
(If not oceanfront, is waterbody natural or manmade?)
DESCRIPTION OF PROJECT u 11 � m ew V� h rp,L 4-.1) V 4,1 � i &
A,Or. %o,vP \-A C-,i41_rr ^ 44 _ Qrr&.0iA met-Sk,o,Q
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard Estuarine Shoreline �ORW Shoreline Other
PROPOSED USE
Residential Commercial/Industrial Other �o
SIZE OF BUILDING IN SQUARE FEET SG
Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet
of an ORW shoreline) a 2 d 70 S" -I-XI v e- way
SIZE OF SITE IN SQUARE FEET %250
if
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 com-
plied 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 LAMA, only a sugges-
tion to help you complete your project as quickly as
possible.
Zoning, Drinking Water Well, Septic Tank (or other
sanitary waste treatment system), Burning, Electri-
cal, Plumbing, Heating and Air Conditioning, In-
sulation and Energy Conservation, FIA Certifica-
tion, Sand Dune, Sediment Control, Subdivision
Approval, Mobile Home Park Approval, Highway
Connection, Others:

SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor develop-
ment 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 highways 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 the 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)
DEVELOPMENT PLANS
draw and label areas that will be disturbed
if a house is to be placed on lot, describe location of house
note size of piling and depth to be placed in ground
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 $50.00 fee?
*completed an AEC Hazard Notice, if necessary?
FOR STAFF USE
Site Notice Posted Final Inspection Fee Received
Site Inspections
Date of Action: Issued Exempted Denied Appeal Deadline (20 days)

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DCM-'CARTERET COUNTY 11-97
Local Government CAMA9 Permit Number
MINOR DEVELOPMENT
PERMIT -,r-
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the •
General Statutes, "Coastal Area Management."
Issuedto DENNIS McCLEES . authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek
as requested in the permittee's application, dated June 19, 19 9 7
This permit, issued on August 8, 1997. 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31, 2000
In issuing this permit it is agreed that this project is consistent
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 Division of Coastal Management.
Officer (signature)
Tere Barrett, Field Rep.
ame
NC Division of Coastal Management
151-B Hwy. 24, Hestron Plaza II
Morehead City, NC 28557 address
TP1- [phone]
Permittee
(signature required if special conditions above apply to permit)

I
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1
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-4--- SECTION B,
Y
THIS FILL AREA TO BE RE
AND REGRADED TO ITS PI
ELEVATION.... WITHIN ONE
FOOT MORE OR LESS
,I►►iII►III illil
+ t
FF FOR 3
-,- +- +- + + 4 4 4 -► -1- + + -F -t -t --1-i --1-1-�- i- i
(- I--1-1- �-- -I- -a- -4 - 1- �- -i- -}- + 4 4 4 -I
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SECTION C
PROPERTY OF DENNIS
' 247 LIVE OAK ROAD
NEWPORT, IBC
PLALL SURVEYING DATA TAKEN FROM
SURVEY BY PATE PHILL►PS AND
ASSOCIATES SEE ATTACHED ENCLOSURES.
ALL ENVIROMENTAL DATA TAKEN FROM
CARTERET COUNTY HEALTH DEPARTMENT,
SEE ATTACHED ENCLOSURES.
GRAPHIC SCALE
10 20 40

LINDA MCCLEES NCDL 2439794 3558
DENNIS MCCLEES
PH. 919-393-7829 66-770412531
247 LIVE OAK RD / G
NEWPORT, NC 28570 F7 'l! tv P7
PAY TO FIE
ORDER� re (['GC'n /
ORDER vv
---DOLLARS ' oeinu: on eea,
State Employees' Credit Union
62 'j? Aforehead City, North Carolina
FOR / 'I%T/
1:253L770491:086242695220 3558
i
COUNTY OF CARTERET
®��
I
Central Permit Office
j
Western Office
:.
Beaufort, N. C.,. U
/
19 `3 �
j RECEIVED FROM
IN PAYMENT OF PERMIT # f7;2/0/ BUILDING PERMIT
$
MOBILE HOME PERMIT
$
ELECTRICAL PERMIT
$
PLUMBING
$
MECHANICAL
$
-�
JL
ECEIVED BY '
j
OFFICIAL RECEIPT TOTAL AMOUNT PAID
$

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: MCCLEES
Comment: WEST SIDE SWALE
Solve For.Depth
Given Input Data:
Left Side Slope.. 3.00:1 (H:V)
Right Side Slope. 3.00:1 (H:V)
Manning's n...... 0.033
Channel Slope.... 0.0025 ft/ft
Discharge........ 0.45 cfs
Computed Results:
Depth............
Velocity.........
Flow Area..... .
Flow Top Width...
Wetted Perimeter.
Critical Depth...
Critical Slope...
Froude Number....
0.44
ft
0.79
fps
0.57
sf
2.62
ft
2.76
ft
0.27
ft
0.0333 ft/ft
0.30
(flow is Subcritical)
Open Channel Flow Module, Version 3.12 (c) 1990
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06706

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: MCCLEES
Comment: EAST SIDE SWALE
Solve For Depth
Given Input Data:
Left Side Slope.. 3.00:1 (H:V)
Right Side Slope. 3.00:1 (H:V)
Manning's n...... 0.033
Channel Slope.... 0.0025 ft/ft
Discharge... ... 0.32 cfs
Computed Results:
Depth... .......
Velocity.........
Flow Area. . ...
Flow Top Width...
Wetted Perimeter.
Critical Depth...
Critical Slope...
Froude Number....
0.38 ft
0.72 fps
0.44 sf
2.30 ft
2.43 ft
0.23 ft
0.0348 ft/ft
0.29 (flow is Subcritical)
Open Channel Flow Module, Version 3.12 (c) 1990
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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REFERENCE: PvFT I r fA of LvT 1,3
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MAP P_K 7 P8,t2iE
I, Pate D. Phillips hereby certify that
this map is correct and that (there are
no encroachments either way on said
lot) (t.
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SCALE IN FEET
PATE PHILLIPS and ASSOCIATES, P.A.
s' o. �o� z 14
swansboro, n. c. 28584
SOUTHERN PHOTO - GREENSBORO N64050 9 ? �C7
Project No. , - -

0 ,
-
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
August 20, 1997
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Dennis McClees
247 Live Oak Rd.
Newport, NC 28570
Dear Mr. McClees,
There has been some concern indicated about the plats that were submitted with your application for
development, and the consequent permit #13-97. The plats stated that they were based on survey
data by Pate Phillips, which was attached. However, this survey was not attached. This information
does need to be on file, and should be made available to the adjoining property owners. As well, the
submitted platwork states that the fill will be removed and regraded to within F "more or less" over
the pre-existing ground level. The "more or less" is a vague term. The Division accepts the term
"more or less" in this instance to mean within 6" either way. Please note that this would be our
interpretation of that statement on the plat.
If you have any questions about the above, or any other aspect of the project, feel free to call me at
[phone].
Sincerely,
T. Ba ett
Coastal Field Representative
tjb
cc: 'Charles Jones, DCM
Chris Jones, LPO
Claud Dunn
Bonnie and Lee Jones
Richard Stanley
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post -Consumer Paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Mr Richard Stanley August 11, 1997
c/o Richard and Stanley, Attorneys at Law
P. O. Box 150
Beaufort, NC 28516
Dear Mr Stanley:
Please reference your letter to the Division of Coastal Management concerning your objections to
the proposal by Dennis McClees to construct a residence, septic system, and driveway adjacent to your
client's property on Bogue Sound, in Carteret County. The Division appreciates your concerns about the
proposed development, and has looked closely at the potential adverse impacts the proposal may have on
stormwater and sediment runoff in the project area. However, the proposed project has been determined to
comply with the Rules of the Coastal Resources Commission. Subsequently, the Division has issued a
CAMA Permit for the proposed action, and we are providing a copy of this permit to you for your
information. I am including a copy of the Third Party Appeal form with this letter. Your client has the right
to appeal the issuance of this permit within 20 days of the date of permit issuance, which was 8/08/97.
If you have any questions concerning this matter, please feel free to contact me at [phone].
Sincerely,
& �Ivr&�,Jp
T. Barrett
Coastal Field Representative
enclosure
cc: Charles Jones, DCM
Chris Jones, LPO
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

DCH — CARTERET COUNTY 1 1-97 — . -
Local Government Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
V
•
Issuedto DENNIS MCCLEES authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek as requested in the permittee's application, dated June 19, 1997
This permit, issued on August 8. 19 9 7, 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31. 2000
In issuing this permit it is agreed that this project is consistent
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 Division of Coastal Management.
ermit Officer (sionature
Tere Barrett, Field Rep.
NC Division of Coastal Managements
151—B Hwy. 24, Hestrou Plaza II
Morehead City, NC 28557 address
919) sob-2808
Permittee
(signature required if special conditions above apply to permit)

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 11, 1997
Mr and Ms Lee Jones
257 Live Oak Rd.
Newport, North Carolina 28570
Dear Mr and Ms Jones:
Please reference your letter to the Division of Coastal Management concerning your objections to
the proposal by Dennis McClees to construct a residence, septic system, and driveway near your property
on Bogue Sound, in Carteret County. The Division appreciates your concerns about the proposed
development, and has looked closely at the potential adverse impacts the proposal may have on stormwater
and sediment runoff in the project area. However, the proposed project has been determined to comply with
the Rules of the Coastal Resources Commission. Subsequently, the Division has issued a CAMA Permit
for the proposed action, and we are providing a copy of this permit to you for your information. I am
including a copy of the Third Party Appeal form with this letter. You have the right to appeal the issuance
of this permit within 20 days of the date of permit issuance, which was 8/08/97.
If you have any questions concerning this matter, please feel free to contact me at [phone].
Sincerely,
T. Barrett
Coastal Field Representative
enclosure
cc: Charles Jones, DCM
Chris Jones, LPO
.-r
P.O. Box 769.3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equcl Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

DCM — CARTERET COUNTY
Local Government
CAMA
11-97 -. ,, ,V
Permit Number
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issuedto DENNIS McCLEES authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, off Bogue Sound, near
Goose Creek as requested in the permittee's application, dated June 19, 1997
This permit, issued on August 8, 1997. 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
. All work must cease when this permit expires on December
31. 2000
In issuing this permit it is agreed that this project is consistent
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 Division of Coastal Management.
(signature)
Tere Barrett, Field Rep.
NC Division of Coastal Managements
151—B Hwy. 24, Hestron Plaza II
Morehead City, NC 28557 address
TPA- f91g) stn8—�808
Permittee
(signature required if special conditions above apply to permit)

'ki
State of North Carolina 9 Department of Environment,I A / Health and Natural Resources • 'At- ��
Division of Coastal Management
James B. Hunt, Jr., Governor C
Jonathan B. Howes, Secretary E) C �---� N !p:
Roger N. Schecter, Director
August 11, 1997
Mr Claud L. Dunn, Jr.
207 Brookside Dr.
Smithfield, NC 27577
Dear Mr Dunn:
Please reference your letter to the Division of Coastal Management concerning your objections to
the proposal by Dennis McClees to construct a residence, septic system, and driveway adjacent to your
property on Bogue Sound, in Carteret County. The Division appreciates your concerns about the proposed
development, and has looked closely at the potential adverse impacts the proposal may have on stormwater
and sediment runoff in the project area. However, the proposed project has been determined to comply with
the Rules of the Coastal Resources Commission. Subsequently, the Division has issued a CAMA Permit
for the proposed action, and we are providing a copy of this permit to you for your information. I am
including a copy of the Third Party Appeal form with this letter. You have the right to appeal the issuance
of this permit within 20 days of the date of permit issuance, which was 8/08/97.
If you have any questions concerning this matter, please feel free to contact me at [phone].
Sincerely,
�&L �aw 4
T. Barrett
Coastal Field Representative
enclosure
cc: Charles Jones, DCM
Chris Jones, LPO
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier -#11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

DCH — CARTERET COUNTY 13-97 ``" '°• ►
Local Government Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT -
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the •
General Statutes, "Coastal Area Management."
Issuedto DENNIS HcCLEES authorizing development in the Estuarine Shoreline
AEC at247 Live Oak Road, Off Bogue Sound, near
Goose Creek as requested in the permittee's application, dated June 19, 1997
This permit, issued on August 8, 1997. 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. Drainage plan to be installed in accordance with plans submitted on 8/04/97.
2. Adequate sedimentation/erosion control measures must be employed around all fill until such
time as the area is vegetatively stabilized.
3. All proposed development and associated construction must be done in accordance with the
permitted workplat drawing(s) as dated 6/19/97, submitted on 6/27/97, and amended with
stormwater plan and calculations submitted on 8/04/97.
4. All construction must conform to the NC Building Code requirements and all other Local, State
and Federal regulations.
5. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
From the date of an appeal, any work conducted under this per-
mit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31. 2000
In issuing this permit it is agreed that this project is consistent
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 Division of Coastal Management.
Tere Barrett, Field Rep.
NC Division of Coastal Managements
151—B Hwy. 24, Hestron Plaza II
address
Morehead City, NC 28557
Tat- (919) RDA-7808
Permittee
(signature required if special conditions above apply to permit)

. a Jr
BRYANT & STANLEY
ATTORNEYS AT LAW
113 TURNER STREET
POST OFFICE BOX 150
BEAUFORT, NORTH CAROLINA 28516
TELEPHONE [phone]
FAX [phone]
ALFRED S. BRYANT
RICHARD L. STANLEY
August 12, 1997
Mr. Charles Jones
North Carolina office of Coastal Management
Hestron Plaza II, 151-B
N.C. Highway 24
Morehead City, North Carolina 28557
EMERALD ISLE OFFICE:
T]OID EMERALD DRIVE
EMERALD ISLE. NORTH CAROLINA 28594
TELEPHONE [phone]
FAX [phone]
Re: Application of Dennis McClees for CAMA Permit for
Improvements, Daisy Koonce Subdivision, Newport Township,
Carteret County
Dear Charles:
This is to confirm that I represent Claude Dunn, adjoining property
owner to Dennis McClees on the above application for a CAMA permit.
I have enclosed copies of photographs which show the fill placed on
the property by McClees and the vast elevation change between
McClees's lot and the adjoining Dunn lot. Obviously, we are
extremely concerned regarding storm water runoff and ponding, and
would request that you forward to us any engineering plats, studies
or reports which McClees may submit in support of his application.
Thank you for your consideration, and we look forward to hearing
from you.
With best wishes,
R_' /h ,L. S nley
RLS:snh
CC: Mr. and Mrs. Claud L. Dunn, Jr.
Enclosures
Pr
Ufi 1 5 1997
'
CA'Q3�,Lv-
uw-- - --

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---- v Mtai-j , J n7LPP-
AUG 1 5 1997

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AUG 1 5 1997

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43 CARTERET COUNTY CENTRAL PERMIT OFFICE
l y Courthouse Square • Beaufort, N. C. 28516-1898
[phone] •[phone] W.O.
�% *** DEVELOPMENT APPLICATION ***
DATE: 9,2 1 � / PARCEL ID #:�
ADDRESS: _ / `'1_ V /_ 1 U-P- A/LI IC-_ 0(GL -
OWNER OF PROPERTY:
LOCATION OF PROPERTY:
TYPE OF DEVELOPMENT:
FLOOE
678�
SOS �J 33c�
I'sAv/ co
�
COMM NO
PA EL NO
SUFFIX
DATE OF FIRM
FIRM ZONE
BASE FLOOD ELEV
-
fi--7
1t-r-tALI
REQUIRED LOWEST FLOOR ELEVATION: ELEVATION CERT. REQUIRED: YE /NO
LAMA YES/f) ORW. YES/C) (PERMIT # )
ENTS:
PLANNING/ZONING PERMIT *** [phone]
JURISDICTION:OnAAkg'
** ZONE: _ MAX BLDG HT: ' ,,LL
ANY EXISTING STRUCTURES: YES 0 �j�L LOT SIZE: o�l At0-ILA
PROPOSED USE: ✓ SINGLE FAMILY DUPLEX MULTI FAMILY
MANUFACTURED HOME BUSINESS
INDUSTRIAL SIGN ON/OFF PREMISE
ACCESSORY STRUCTURE OTHER
SET BACKS: I I-OPRINCIPAL STRUCTURE: FRONT REAR 1Q�SIDE:�� �IDE ON CORNER
ACCESSORY STRUCTURE: FRONT REAR SIDE
COMMERCIAL/INDUSTRIAL: X /�
l/h G
TYPE OF BUSINESS NO. OF REQ. PARKING SPACES
SIGN REQUIREMENTS
COMMENTS:LVL- �.1
,Ns, & *
OK TO ISSUE IMP .
P. PERMI (t�NO DATE: S' ZONING OFFICIAL INIT.
*** ENY WNMENTAL HEALTH *** [phone]
IMPROVEMENT PERMIT REQUIRED: YES/NO PERMIT #
OWNER HEREBY CERTIFIES THAT STRUCTURE CL B USED AS LIVING SPACE AND
A�fI
WILL BE LOCATED MORE THAN 5 FEET FROM i_POR OF THE SEWAGE DISPOSAL
SYSTEM OR REPAIR AREA REQUIRED FOR THE SEWAGE DISPOSAL SYSTEM.
COMMENTS:
0
OWNER/AGENT SIGNATURE:
F -
PERMIT OFFICIAL SIGNATURE: ------D.AT.E-; -------

hEWbONSTRUCT.ION ()
EXISTING
APPLICATIQN FOR IMPROVEMENTS PERMIT AREA PRIORITY
ENVIRONMENTAL HEALTH DIVISION
REPAIR
( ) APP. ON HOLD
CARTERET COUNTY HEALTH DEPARTMENT STAKED/ACCESSIBLE
BEAUFORT, NC 28516 PD APPROVAL
p�
OWNER PHONE: 3 9 3 7:r- 2-
ADDRESS _ ,2gi G/vi ©"m Qb /IO
APPLICANT/AGENT PHONE:
ADDRESS
SUBDIVISION I2,14 / S E +l KooA$ 64 jr119 —,LOT BLOCK SECTION
PROPERTY LOCATION G i q 4..Z-Y+- Qifl Aa-w go a,d76 n-
TYPE STRUCTURE waw� �� CONCRETE FLOOR Z 5
(YES) (NO)
NO. BEDROOMS :— NO- BATHS NO PEEP E 2 GARBAGE GRINDER: (YES) li (NO)
WATER SOURCE tAl
G We- (� G�Lt-(itx J\,- i�TOOD ZONE A) E ATION
PIN # 5� ' �-O Q o� "� 50 900 9 (n 3
* ACTION ON THIS APPLICATION WILL NOT BETAKEN UNTIL THIS OFFICE HAS BEEN ADVISED THAT THE HOUSE AND PROPERTY LINES ARE
STAKED AND THE LOT ACCESSIBLE FOR EVALUATION.
** NOTE: THIS PROPERTY MAY CONTAIN DESIGNATED WETLANDS. APPROVAL FROM U. S. ARMY CORPS OF ENGINEERS MAY BE REQUIRED
PRIOR TO DEVELOPMENT. ADDITIONALLY, CAMA PERMIT SHALL BE REQUIRED IF ANY PART OF THIS STRUCTURE, SEPTIC TANK OR POTABLE
WATER SYSTEM IS TO BE WITHIN 76 OF SHORELINE, CANALS OR OTHER WATERS OR MARSH. r�
*** IMPROVEMENT PERMITS HAVE NO EXPIRATION DATE. AUTHORIZATION TO CONSTRUCT VAUD FOR 5 YEARS FROM DATE OF ISSUANCE:
�.
*** IMPROVEMENT PERMIT SUBJECT TO REVOCATION IF SITE PLANS OR INTENDED USE CHANGES.
BROCHURE RECEIVED V SIGNATUREY ��•Qu"'' ��� ` ./�j,-,
Nc)UQ.�
a K L*
'Xi

JUL-10-1997 08:04 FROM DCM MOREHEAD 919 247,3330 TO 3933255 P.03
7/08/97
RESTORATION PIAN
Dennis McClees
1) Silt fencing or other adequate sedimentation/erosion control barrier must be installed
immediately around all unconsolidated material in order to prevent the movement of material
in storm events.
2) A stormwater plan sufficient to prevent runoff from your property onto adjacent properties
must be submitted to and approved by this office in coordination with the Division of Water
Quality. The approved system must be properly installed and functioning prior to • any
additional development of the site.
1, Dennis McClees, agree to complete the required restoration outlined in the above
Restoration Plan to the satisfaction of the NC Division of Coastal Management before 7/17/97,
or provide an explanation for non-compliance and a reasonable request for a time extension.
Signature
DATE: fl , 1997
i
cc: Charles Jones, DCM
Chris Jones, LPQ

/
1
� " 1
�y � t • � 1
� 1
1
1' 1
COUNTY OF CARTERET
HEALTH DEPARTMENT
of-- - --- -----
�a----'�-----------------
'"� 19
-- DOLLARS
In Payment ---L----------------------------
-
- ----- --------------------------
• O A e rov-RECEIPe0i
C Tip' OF CARTERET
exos-----------

Name: _ MC-C. I CS5 -R 1 U 6 LI
Location: ��J�, Environmental Health Division
Afcwporf/ tic z 8 S7o Carteret County Health Department
Beaufort, NC 28516 • [phone]
Authorization for Wastewater System Construction
(NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED
UNTIL OPERATION PERMIT HAS BEEN ISSUED)
Page ( of .Z
G.S. 130a-336
Valid for Five (5) years from date of Issuance
Subject to revocation if site plans or if
site is altered or intended use is changed. Date:
Authorization for Wastewater System Construction by:
• t•S.
Environmental H Ith Specialist
(Rev.01/97) CW
IP
- S M.E. Classification: —
❑ New Construction
Repair
Existing System
ome-'ryte.c . Stda l qq
pCr (aL4rtLChu1%3 v
C -(Vrr
t r� 5 ��c%h t 12. S
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W a692

R�
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LI.,� ne lti Rn.
IZ15
SIT E
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ti
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1n
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Apr ro'- Mejr p - I.0, GoNG. EY, P. I'. NJa1L
NIGH VJA'fEV- P�t,�LI'�itI�17�j 11 r--Tt, L V-05AD
OS.D(o -r
Bt1LK1.�E.o.v
PI Pr (D(o I o. z W d E
07j 11o�sr�)3 SQ. Fr
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l�o-f�: ('�oPo5E17 pv../EL.Ut.1U 10
I N 1 Loo n Zo tJ e A-1
I
V\
PI r E
Lc1EsT R/L4 I I I J
( PE 2 KEG. PLAT )
dor roPi PE60P,pl&
SEE ALSL- D.f3. 727 Flo. (035
REFERENCE: Po�TIof1 of LET 18
toDAIsY SA�Io>r�� KootJGl: l�Ell�;
MAr 1?,oe--K 7 PL>��ir 94
Ga2TEP_6r Go• �EGtISTP`(
1, Pate D. Phillips hereby certify that
this map Is correct and that (there are
no encroachments either way on said
lot)
•' �N CARP •.
�' �� •�i��ISTER � �q
SEA .
94
SUR
Q •
'• iF Q Pt���-�:••
CLALID L. RJr,l�l, �R. d
D.e%775/ 14(o m
32.25�
1,
I�•�
tf1
O �
z
S>✓Ptl �
FIELD
Pol1JE:iz
_
FbtrE
Du &L\o
((..,o' Iz/ICJ)
PvujE2 LWF-
R�uJ
SLJ17✓GY Fp�Z (PiZELIMINA(LY)
�So�
4
L
LE ES_
Wq ITE D6 K-(�/SF'. GART�P�E`r' _ Go, n C--
J LJ LY is) 19��
40 , zn , 0 4n' So' I zo .
SCALE IN FEET
PATE
1CIATES, P.A.
n. c. 28584
SOUTHERN PHOTO- GREENSBORO H64050
J U L 2 8 1997
Project No.93-3D O

.. 4 9 106 N
CONSTRUCTION AUTHORIZATION
PAGE OF PAGE 72- OF 7—
SITE PLAN
O
V
Gro��l�j -Flow 4, sepfec S�s�- •• s 1t l( be-
a�.lniev ec� or pury s j S-Fcti, S'k t1(
be re
GARBAGE GRINDER: YES ( ) NO 64
SEPTIC TANK: 010 GAL. PUMP TANK: AI GAL.
NO. LINES: o r WIDTH: 3 Ff
TOTAL LENGTH: I Sn FT. TOTAL N O SQ. FT.
WATER SOURCE: 40
HORIZONTAL DISTANCE FROM WELL: A4 FT.
SITE MODIFIED: YES (V NO ( )
DRAINAGE REQUIREMENTS:
• STRUCTURE SHALL BE PLACED SO THAT GRAVITY
FLOW IS ACHIEVED OR PUMP SYSTEM SHALL BE
REQUIRED.
• DO NOT PARK, PAVE, DRIVE, OR BUILD OVER ANY PART
OF SEPTIC SYSTEM OR REPAIR AREA.
• MAINTAIN A MINIMUM 5 FEET BETWEEN ANY
FOUNDATION AND ANY PART OF SEPTIC SYSTEM OR
REPAIR AREA.
(OFFICE USE FOR FIELD NOTES ONLY
MODIFICATION INSPECTION BY,
DATE:
INSTALLER:
COMMENTS:
M
s
i t1 r rcc
��
0
0
d
QJ
7
rl.xihTc�► rl lja, enim . _Fro_ Wa42/, 11 e
* cb v,of dr,'ie Gr rrK ,ur sep1%c Sysft,
*SYSTEM SHALL NOT BE INSTALLED
UNDER WET CONDITIONS
*Trench bottom depth to be no deeper than �rC
naturally occurring surface.
Easement Required: Yes No
Drainage Maintenance Req. Surface ( ) Subsurface ( )
Maintain Minimum 10' From Water Line
Comments: ��3) So' draini�n�5 j h 1 Z'�i1
37'x 66 ' -ill c rc a,
SIG / N GA. -At. I ^-- L..ne 1) n nlvr—
fe7u1re.d✓a-Ne/ 1o5A1l,.fto- I'hf/-ecf?dt,
* Prior to any changes in system layout, approval must be obtai Zed
from Health Department.
* NOTICE: Construction must comply with all state and local
regulations. Do not install well until well site has been approved
on inspection.
* NOTICE: Beware much property in Carteret County is subject
to Wetland Regulations and properties containing wetlands
should receive approval from U.S. Army Corp. of Engineers
prior to development.
FOR SYSTEMS REQUIRING LESS THAN 18" TRENCH
BOTTOMS, A MINIMUM OF 6" SOIL COVER
IS REQUIRED AND MAY REQUIRE ADDITIONAL
FILL OF AT LEAST GROUP II SANDY
LOAM TEXTURE.
ENVIRONMENTAL HEALTH SPECIALIST J 9)
I
JUL u 8 1997
(REV 3/96)cw
CA -SITE

1�
CARTERET COUNTY NO.-3 o6 visi
Carte unty Courthouse, Courthouse Square, Beaufort, NC 28516-1898
NOTICE
Stop Work Order
(N.C.G.Srr 153A-361) M
TO: Owner/Contractor
You are hereby to cease work on the structure on this property pursuant to
North Carolina General Statute 153A-361.
Reason for the stop work order: M%A'CM%`e 0,66O,&
Specific work to be stopped:—�e- cwo -k eU4�- &N 4 -PV"em4 �NeMe
jbc,a)�4& 0.j- Zt-J-7 L►v� 04,-RD 14W.4 poa;-.
Specific reasons for the stoppage:
Condition under which the work may be resumed: j h N em� 1 SQ,,,,�►�'
haS ��eN S��,�
The owner or builder may appeal from the stop work order involving alleged
violations of state building code or any approved local modification to the North
Carolina Commissioner of Insurance or his designee within five (5) days after the
day the order is issued. Owner or builder shall give the Commissioner of
Insurance or his designee written notice of appeal with a copy to the local
Inspector. Pending appeal, there may be no work taking place in violation of the
stop work order.
Violation of a stop work order constitutes a misde nor.
Code Enfor#ment Official
SERVICE
I certify that the above stop work order was received on the day of _
J 19 _, and t4at on day of Nyic- , 19q, it
o.e M
was served on t gain the following manner:
V by posting the property by affixing a copy of this notice to the
property:
by delivering a copy of the stop work order to the person
named above:
by telephone communication with the person named
\ above:
V by registered or certified mail return receipt
requested to the person na d a
Signature of o r or party serving notice
�x 393- 3z 53'

LOCATION,OF,PROPERTY:l
P'T I ON'.,'OF,'� WORK
D. A
-FLOOD,- INSURANCE RATE MAP (FIRH),-INPORRATION-*�'I'l.".-
Comm:
SUFFIX
DATE 0 F FIRM
z
FIR ''ON
BASE" '
FLO 90z ELE,
�9:
10
A.
REQUIRED :.�LOWEST ::.FLOOR -ELEVATION: ELEVATION, "CERT'.1:'1JZ'E­ 07 - QUI E 140la
TYPE OF.,.CbNS!Tj.-`,:`�.= ;NO. STORIES: 2, OCCUPANCY TIPE:, �,Aill
RESIDENTIAL/NONRESIDENTIAL SQ FT: 212, HEATED 1X?Y,, UNHEATED ,,'-* TOTAL".1,
BUILDING- CONTRACTOR: 717., A, Aovmn6ICENSE'#:
?4
4190­j".'PHONE -4,
'
ELECTRICAL CONTRACTOR: - ,,'.ffZ1._A,LICENSE
#:
PLUMBING; cbNTRAbTOR:-'Aoft",, A,, A o-V -its LICENSE
'PHONE ,'.#
MECHANICAL '.CONTRACTOR: vVLL_"
LICENSE
#:
Pli dNk 4
INSPLAt1O9'CONTRACTOR
LICENSE
#:
PHONE` Y
MOBILE 'HOME SET..
SET-UP
LICENSE
#:
"
o"i0 E#
77
FEES
PAID
4 Z
BUILDING.
MANUFACTURED.HOME.
ELECTRICAL,-
MODULAR
HOME
U
PLUMBING $
INS. CONFIRMATION. `,'.'
MECHAN'iCAL $
OTHER:
HORF,
.
TOTAL.-FEES,PAII
The
.,applAdan-tI— has ,c. Ie1.rt1.if ied . that. the - inf orm'ati'oni 'Ahb­w'i'� "p 1,dA-`t
, :j,"
plansJandspecif1cations-is correct ,and his , A3kk
Perfokfied Shall 'comply: ,the-North:Caro4inasStatei.
Damage 'APrevention ordinance of Carterei-County.; and; tyeg" itioxiii","
rul es and ordinances,,.;as'applicable. Misinformation; ion,�,I' f L'n f'd64e, IL bii ot
statemade'-In, ;-ecould result iii". iev'oca'a1Ei-on",-",
men error:' brMi
je*ct'.the `'�gent Ao.,liti
9 V.
WNERIAGENT

R 106 ti
CONSTRUCTION AUTHORIZATION
PAGE OF '-
0
u cr
Gra,jj,Hj flow 4-o sepf" Sys{- •- 5 �&I e. /
S�S{'G� Sa11 be (-Plju.'rc-o
acH���� or �µ��
ELECTRICAL PEIRMIT REQUIRED: YES( ) NO (
OWNER: ��Yto.0 le S c Ce5
ADDRESS:
2W7 L.lvc Oa Id •
PHONE
TAX PARCEL: 6 30 H n n
PROPERTY LOCATION:
AJof
SUBDIVISION: al S I<oor►C.c S /n
LOT n PT 14 BLOCK: SEC:
TYPE STRUCTURE: o c�S
NO. BEDROOMS: 3_ NO. BATHS: I_--
NO. PEOPLE: c G DESIGN FLOW:
GARBAGE GRINDER. YES ( ) , (,/ )
SEPTIC TANK: 1 ACJQ GAL. PUMP TANK: I U� GAL.
NO. LINES: O WIDTH:
TOTAL LENGTH: � FT. TOTAL N O SQ. FT.
WATER SOURCE: Go^r"L&„%
HORIZONTAL DISTANCE FROM WELL: FT
SITE MODIFIED: YES (V NO ( )
DRAINAGE REQUIREMENTS:
• STRUCTURE SHALL BE PLACED SO THAT GRAVITY
al
7
,�rtalh1al n �.Dr � lnlN . -Oro— y�
t0 not c)rt'Je of �rK o.V_l sT'IL Syii�
*SYSTEM SHALL NOT BE INSTALLED
UNDER WET CONDITIONS
*Trench bottom depth to be no deeper than
Lik
naturally occurring surface.
Easement Required: Yes `/ No
Drainage Maintenance Req. Surface( ) Subsurface( )
Maintain Minimum 10' From Water Line
Comments:
(3) So' draml�ne5 I h 1�'i ��1
c, «0.
�e U 12Ci ale/ in S }"a� aT+o►, I hj, ecit
* Prior to any changes in system layout, approval must be obtained
from Health Department.
* NOTICE: Construction must comply with all state and local
regulations. Do not install well until well site has been approved
on inspection.
* NOTICE: Beware much property in Carteret County is subject
to Wetland Regulations and properties containing wetlands
should receive approval from U.S. Army Corp. of Engineers
prior to development. ,.ad krkh p C'rvsk Cd

=-;;
-C�rL�� (� 10 6' y
• ' Environmental Health Division
5-70 Carteret County Health D
. Beaufort, NC 28516 . Department
[phone]
Authorization for Wastewater System Construction
(NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED
UNTIL OPERATION PERMIT HAS BEEN ISSUED)
G.S.130a-336 Page of
Valid for Five (5) years from date of Issuance
Subject to revocation if site plans or if
site is altered or intended use is changed.
Date: ._- - l S M.E. Classification: JT-C
Authorizationfor Wastewater System Construction by:
tC - S .
Environmental H lth Specialist
(Rev01/97) CW
IP
;* Gr-o 1, Flow -Fo .cepflc 5 ) s —e,- 5 AaIf be.
adniev�J or ntAntp sjs4-c,. :rk.11 be requ.rca/
ELECTRICAL PERMIT REQUIRED: YES( ) NO ( Vf
OWNER: rloxle- S m e C IeeS
ADDRESS: Z47 ALL Oc4< Rd-- Alas old/
NL M 70 PHONE
-5 q �=7sryq
TAX PARCEL: 6 3o r-I
PROPERTY LOCATION: 2 r{ 7 1-14 L
cwpor
SUBDIVISION: W Su 1<00hGc Sip
LOT' L= P7 BLOCK: SEC:
TYPE STRUCTURE: 11 o is t
NO. BEDROOMS: 3 NO. BATHS: /
NO. PEOPLE: G DESIGN FLOW:
GARBAGE GRINDER: YES ( ) NO (�/)
SEPTIC TANK: Wes_ GAL. PUMP TANK: _iv, . — GAL.
NO. LINES: o WIDTH: 3Ff .
TOTAL LENGTH: i Sn- FT. TOTAL N YO SQ. FT.
WATER SOURCE:
HORIZONTAL DISTANCE FROM WELL: 154 Fr.
SITE MODIFIED: YES (V NO ( )
DRAINAGE REQUIREMENTS:
❑ New Construction
Repair
Existing System
ai"e.rYled. S-b'-)Jq,
PIr G"KTLchci►,3 -�faNv
C (kc-i i s 04eh
��l "Z
)l
(/}-G1.11,/1O
,rrtc�ih�cat +t 1 / mih . - i"o—
J n()f tjfj'Je Gr rrK off/ 51PPIA
*SYSTEM SHALL NOT BE INSTALLED
UNDER WET CONDITIONS
*Trench bottom depth to be no deeper than I /�(
naturally occurring surface.
Easement Required: Yes No
Drainage Maintenance Req. Surface ( ) Subsurface ( )
Maintain Minimum 10' From Water Line
Comments: _ (3) So d�airt li n es i $,
37'X 66 !1 r-re a
/ n...._
rerlre-d ✓44,el iosfall.frlo- i hj�'
* Prior to any changes in system layout, approval must be obtaifie
from Health Department.
* NOTICE: Construction must comply with all state and local
regulations. Do not install well until well site has been approved
on inspection.
• STRUCTURE SHALL BE PLACED SO THAT GRAVITY
FLOW IS ACHIEVED OR PUMP SYSTEM SHALL BE
G
*NOTICE: Beware much property in Carteret County is subject
to Wetland Regulations and properties containing wetlands
should receive approval from U.S. Army Corp. of Engineers
prior to del . -Lent - ^ (� 4z crusl~ t'c/

4v CC /
l2, 3
CARTERET COUNTY COURTHOUSE
CENTRAL PERMIT OFFICE OF
CA.R T �R • �'' O LJ ' im
COURTHOUSE SQUARE
BEAUFORT. N. C. 2851 6-1898
728-8545
BUILDINGS. MOBILE HOMES. ELECTRICAL. PLUMBING. MECHANICAL
Pursuant to NCGS 113A-119(b), Carteret County, a locality
authorized to issue CAMA permits in areas of environmental concern,
hereby gives notice that on "M i 5
, applied for a CAMA permit to
a
The application may be inspected at the address below. Public
comments received by _ _�- ` 00 will be considered up
to the time of permit decision. Project modifications may occur
based on further review and comments. Notice of the permit
decision in this matter will be provided upon wr' ten request.
'�L .
CAMA Local rmit Officer
Carteret CInty
Central Permit Office
Courthouse Square
Beaufort, N. C. 28516
[phone]
Please publish on ( Q -71 -7
and return Affidavit of Publication as
soon as possible.
Thank you.

�' �� a. �� 5° � -moo-,M->
� � �"�,s�- c�.��l c�.�-sue
-��.� a Id • l oov

. �........... ...L4J....,....a•.a•.4yJ.....:y....L+.J•.......:.......L.f ...................... ..... ...:........L.+J..:,.:..:.:..:..:C+l.........:.....tf )..............:.L_+ J..:..:... u..:..:
LINDA MCCLEES NCDL 2439794 3558
DENNIS MCCLEES
PH. 919-393-7829 66-770412531
247 LIVE OAK R2 �
NEWPORT. NC 8570 tv _
PAY
3L (d k
State Emp#oyees' Credit Union
62 morthrad City. North Carolina
� t11
1:2S31770491:08624269S220 3SS8
...............
COUNTY OF CARTERET B���
Central Permit Office
Western Office
t ,
Beaufort, N. C.. (] �' ' .19 ' 17
RECEIVED FROM
IN PAYMENT OF PERMIT H BUILDING PERMIT $
MOBILE HOME PERMIT $
ELECTRICAL PERMIT $
PLUMBING $
/' i!J.•' MECHANICAL $ w
% J
RECEIVED By
OFFICIAL RECEIPT
JUN 2 7 1997
TOTAL AMOUNT PAID $ `� �

July 8, 1997
Dear Mr. Tyndall,
JUL 0.0 �9s7 : 1
Chris Jones told us you were the person we should contact concerning Dennis McClees and his
application for a CAMA permit. This permit should not be issued.
Mr. McClees has dumped 3-4 feet of dirt, all at one time, in his yard. A compactor ran over the
mound top then broke down and was removed. On July 2, after the stop order had been issued, several
more loads were dumped. A bulldozer spread this but it was not compacted at all.
The run off from this will drain, downhill, into the ditch in front of his property. Two houses
down, this ditch empties directly into Bogue Sound via our boat slip.
A new, mound system septic tank was put in between the backfill and this ditch, with the laterals
running towards this ditch. What will happen when it overflows, or Mr. McClees drives over it in order to
get into his proposed two car garage ? This will end up in Bogue Sound.
Run off on the water side will run off into our next door neighbor's yard. How is this run off
going to effect their septic ? It will go into it creating a problem for them and us. What happens when it
overflows due to runoff? Will we be affected by odor and mosquitoes. This very well can lower the
value of our property. If we sell, we are required to note this on the property disclosure we must sign.
On Mr. McClees' site improvement permit he states one bathroom. On the building permit he says
two. He has told us and other neighbors he will have three, the third being on the ground level.
Was the location of the adjoining property owner's well taken into consideration when the new
septic was installed ?
There are many questions not answered. The CAMA permit should not be issued unless all
engineering reports are filed with all problems guaranteed corrected and Mr. McClees has paid in full any
fines he may incur because of what he has already done with out authorization.
We do not want to see Bogue Sound or our environment suffer or our property value lowered
because of Dennis McClees.
We will be looking forward to your actions to correct all these problems.
Sincerely,
�u-- * /',.. jo�
Mr. & Mrs. Lee Jones
257 Live Oak Road
Newport, NC 28570
cc: Chris Jones
Carteret County Dept of Environmental Health
Carteret County Central Permit Office

BRY`�4NT & STANLEY
TTORNEYS AT LAW
113 TURNER STREET
POST OFFICE BOX 150
BEAUFORT, NORTH CAROLINA 28516
TELEPHONE [phone]
FAX [phone]
ALFRED S. BRYANT
RICHARD L. STANLEY
July 23, 1997
Mr. Joe Dunahue
Oceanside Engineering & Surveying
8810 Emerald Drive
Emerald Isle, NC 28594
1�2 41997 ,+
EMERALD ISLE OFFICE:
7701 D EMERALD DRIVE
EMERALD ISLE, NORTH CAROLINA 28594
TELEPHONE [phone]
FAX [phone]
Re: Dennis McClees, Lot 18, Daisy Sanders Koonce Subdivision
Dear Mr. Dunahue:
I represent Mr. and Mrs. Claud L. Dunn; Jr., Smithfield,;' North
Carolina, owners of the property immediately west of.Dennis McClees
in the Daisy Sanders Koonce Subdivision. Dennis McClees has
proposed placing a substantial amount of fill on his property in
order to raise both the septic tank and house, and his application
for the Office of Coastal Management at this point is on hold
pending resolution of the issues involving stormwater runoff.
Obviously, Mr. .and Mrs. Claud Dunn are very concerned as the runoff
from the elevated lot of Dennis McClees'will severely impact Mr.
and Mrs. Dunn's property. The. purpose of this letter is to notify
you of my representation of Mr. and Mrs.'Dunn and to request that
you forward to me any engineering plans or proposals as to how the
runoff is to be handled and directed.
As you are undoubtedly aware, North Carolina law protects property
owners substantially affected by alterations changing the natural
flow of surface waters. Obviously, Mr. and Mrs. Dunn do not wapt
to be inundated with stormwater from McClees: Accordingly, please
provide us with your client's proposed plans.
Sincerely yours,�y 1
i
Richard L. Stanley
RLS.: srm
cc Mr. and Mrs. Claud L. Dunn, Jr.
Charles Jones
North Carolina Office of Coastal Management
0

Claud L. Dunn, Jr. & JoAnne O. Dunn
207 Brookside Dr.
Smithfield, N. C. 27577
June 24, 1997
Mr. Charles Jones
N. C. Department of Environment
Coastal Management Office - CAMA
151-B Highway 24, Hestrom Plaza
Morehead City, N. C. 28557
Dear Mr. Jones:
r
JUN 2 4 1997 }
.� �Ij
. l.r o
Re: Complaint concerning
Charles D. McClees' (247 Live Oak Rd.,
Newport, N. C.) applied -for CAMA permit
My wife and I own a home at 249 Live Oak Road, Newport, adjacent to
property owned by Mr. Charles D. McClees. Both properties are approximately 285'
by 651, and front directly on Bogue Sound. Mr. McClees has, within the past
thirty days, destroyed the home and septic tank that were previously located on
his property, installed a new septic tank and drainfield, has hauled in numerous
loads of fill dirt, and has laid out to dig foundations for a new home. Mr.
McClees had received a building permit from the Carteret County Central Permit
Office, but his construction efforts have now ceased due to the issuance of a
stop -work order by that same office. It is my understanding that a CAMA permit
must be issued before construction can begin again, and that Mr. McClees has
applied for that permit, with the first advertisement relating to it to be run
in the county newspaper on Wednesday of this week.
My wife and I object to Mr. McClees' proposed construction, and the purpose
of this letter is to formally notify you of our objections and complaints
concerning it.
Mr. McClees' told us some time back that he was going to destroy his old
home and build a new one. He told us he had obtained the permits necessary to
do so, but he never gave us any details concerning construction. When we were
at our property on June 14 and 15, we saw that the sewer system had been
installed and that a large mound of fill dirt had been hauled in, which we
assumed would be spread out over the construction site. We talked with Mr.
McClees on Sunday, June 15, and he never mentioned to us that additional fill
would be hauled in. On Monday night, June 16, Mr. McClees called me at our home
in Smithfield and told me that in order to begin construction the next day, it
would be necessary for me to sign and fax back to him a paper which he had just
faxed to my office. Upon retrieving the fax, I found that he had sent me a blank

Page 2
June 24, 1997
Mr. Charles Jones
"Adjacent Riparian Property Owner Statement" (copy attached, as Exhibit A, with
Mr. McClees' fax number highlighted). Before I could return Mr. McClees' call,
one of my other Bogue Sound neighbors called to tell me that Mr. McClees' had
that day hauled in in excess of 40 tandem loads of fill dirt. Mr. McClees thus
deceived me by not telling me of the additional fill dirt that was hauled in, and
attempted to get me to sign the faxed statement in blank under a false
assumption. Of course, I did not sign the statement, and my objections and
complaints relate to the great mound of fill dirt which Mr. McClees now has on
his property.
Mr. McClees has had his fill dirt compacted, and the center of that mound
is about four feet higher in elevation than either our property or that of the
other adjacent property owner. Mr. McClees has said that he intends to fill his
lot in, from the big, four -foot -high mound where he proposes to build his house,
all the way out to his concrete seawall. If he does, we will be concerned with
fill dirt and ground water spilling over into our yard from the entire 285'
property line we share with Mr. McClees.
We are greatly concerned about the water run-off from Mr. McClees yard into
ours. Since water runs downward, we are going to get about one-half of the water
from his yard and house. We will be unable to keep anything at ground level,
because during every rainfall, we'll be standing in water.
Our septic tank and drain lines are adequate for our use, but have been in
place for several years. If we get the water from Mr. McClees that I anticipate
we will, our sewer system will not be operable, and must be replaced with an
above -ground system at, not Mr. McClees' cost, but ours.
We are also concerned that the mound of fill will tend to level itself out
into our yard, which is now four feet lower than Mr. McClees' yard on one side,
and one and one-half feet lower than Mr. Jones yard on the other side. Mr.
McClees hauled fill into his yard in August of 1996, and did not contain it in
his yard, with the result that it has spread into our yard. Please see Exhibit
B, photo taken from our upper porch, five feet or so within the property line,
and looking toward the waterfront property line at the end of the concrete
seawall. Mr. McClees did not contain his soil before, and we question that he
will do it now.
When Mr. McClees completes hauling and compacting fill dirt, out house will
sit in a valley, or ditch, between our two adjacent neighbors. Our property
value is going to drop, with a considerable economic loss to us. A number of
additional photos accompany this complaint, and are marked and identified as
follows:

Page 3
June 24, 1997
Mr. Charles Jones
Exhibit Description
C Our house, and the mound, from the property
line, near the waterfront
D View from our lower porch, across the mound,
to the other adjacent property
E View of our house, across the mound, from the
other adjacent property
F,G,H,I View of the other adjacent property, across the
mound, from our front yard
We believe our objections and complaints are well-founded, that allowing
Mr. McClees to continue his construction will forever damage our property as a
result of water and soil run-off, that our septic system will ultimately be
rendered inoperable due to excessive water and soil in our yard, that we will
suffer great economic loss because our property will be in a valley or ditch, and
the value of it will decrease, and we therefore request that Mr. McClees' LAMA
permit application be denied.
Yours truly,
Claud L. Dunn, Jr.
J Anne O. Dunn
CLDj r : do
encls.
PC: Mr. Chris Jones
Code Enforcement Official
Carteret County Central Permit Office
Courthouse Square
Beaufort, N. C. 28516-1898
Mr. Claud R. Wheatley, Jr.
Attorney At Law
410 Front Street
Beaufort, N. C. 28516

m/0111995 11:38 919-393-3255 UNDERGROUND EAST PAGE 01
MAR-25-SG IG-48 FROM. ID.I9I872e2OS2 PACE 2.
ADjACEN T 1UPAjt1AN pRopmTY OViNM UATEMM
I hereby certify that I own property adjacent to ai (....�.: s(Nam(NamP�ropesrtp )
property located at i
(Lot, Block, Road, etc.)
on , m N.C.
(Waterbody) Clown andlor County)
He has de=ibbad to me as shown WOW, the dcvelopmCO he is pnaposing at that l0c film,
and, I have no objections to his Proposal.
DESCREMON ANDIOR DRAWING OF PROPOSED DEVELOPMENT
(To be jMd in by ln&Wud pmpvsing developme>rt)
Signaft=
Print or 'tom Name

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