15-03_Fulcher, John W._20030617

DCM — MHD
Local Government
BY CRC VARIANCE
LAMA
MINOR DEVELOPMENT
PERMIT'
# 15-03
Permit Number
An
as authori73d by the State of North Carolina, Department of Environment "
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. JOHN W. FULCHER authorizing development in ORW SHORELINE
atEND OF SR 1377 (STYRON'S CREEK ROAD) ADJ. TO CORE
SOUND AND GLOVER'S CREEK as requested in the permittee's application, dated05/07/03 FINAL ORDER OF
06/17/03 . t CRC
This permit, issued on 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
perm ittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes grading, landscaping, residence construction (28' x 44% septic installation
(74'x 28% and road construction (10' x 2751) contingent upon the following conditions:
1. All proposed development and associated construction must be done in accordance with the
application dated 10/04/02, workplat drawing(s) dated 10/04/02, and originally submitted on
10/04/02:
2. All construction must *conform to the North Carolina Building Code requirements and all other
Local, State and Federal regulations:'
3. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
4. Prior to initiating any land -disturbing activities, adequate sedimentation/erosion control measures
must be employed to prevent the movement of unconsolidated materials into the marsh or water.
These measures will remain in place until such time as the area has been properly stabilized with a
vegetated cover.
* S-ee page 2 for additional conditions.,*
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 mist 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, 2006
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.
Local Permit Officer (signature)
TERE BARRETT, COASTAL MANAGMENT REP.
NC DIVISION OF COASTAL MANAGEMENT name
HESTRON PLAZA II, 151—B HWY 24
' MQRFHFAn c TY NC 985;7
TELEPHONE: [phone] address
Permittee
Vhature required if special conditions above apply to permit)

Minor Permit # 15-03
Fulcher, John W.
Page 2 of 2
5. Pursuant to 15 NCAC, Subchapter -7J.0406(b), this permit may not be assigned, transferred, sold or
otherwise disposed of to a third -party by the applicant, agent, or any entity other than the NC
Division of Coastal Management.
6. It is noted that coastal marsh exists on the property, and that the proposed development addressed
on the submitted plat dated 10/04/02 is not located within this marsh.
7. No excavation or filling of any wetlands or waters is authorized under this permit.
8. The development authorized under this permit, with the exception of the gravel driveway, must
be accomplished a minimum of 30' landward of the normal high water contour/normal water
contour, maintaining this as a vegetated buffer area.
9. A copy of this permit shall be available onsite for regulatory inspection.
10. The amount of built -upon area shall be limited to no more than 25% of the area within 575' from
the normal high water contour/normal water contour, which defines the Coastal Shoreline AEC
at this location. In this case, 14% of built upon surface is authorized.
11. Stormwater collection systems are prohibited under this permit, as they are adjacent to all ORW
waters.
12. The gravel driveway must not exceed 10' in width, and in no case may exceed the limits of the
surveyed easement boundary as described in the deed.between Fulcher and Jenkins, Schedule A,
Book 924, Page 734.
13. Within the 30' buffer area from the NHW contour, all development must be accomplished in such a
manner as to not increase stormwater n.noff to the adjacent water body.
14. No portion of this project may block or impede access to 216 Styron's Creek Road.
* Note: The owners of 216 Styron's Creek Road request the following:
A. A guardrail to be constructed to provide a safety barrier between the road and marsh.
B. All utility lines to be installed prior to roadway.
C. Notification a minimum of two (2) weeks prior such that they are able to meet with the
contractor to do the work, and such that they are allowed time to move entrance
pilings.

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CRC-VR-02-16
ROY COOPER
ATTORNEY GENERAL
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State of North Carolina
Department of Justice
P. O. Box 629
RALEIGH
27602-0629
TO: Coastal Resources Commission
FROM: Meredith Jo Alcoke
Assistant Attorney Gene
DATE: April 9, 2003 (for the April 23-24, 2003 CRC Meeting)
RE: Variance Request by John W. Fulcher
Petitioner owns property at the end of Styron's Creek Road in Sea Level, Carteret
County. The lot is adjacent to the Outstanding Resource Waters of Glover's Creek, a tributary of
Core Sound. Petitioner has an easement across the adjacent property owner's lot in order to
access his lot, which is surrounded by water on three sides. Petitioner applied for a CAMA
Minor Permit to construct a single family residence, septic field, and a gravel driveway on the
easement. The Division denied the permit application because the driveway is inconsistent with
the 30 foot buffer rule for coastal shorelines in 15A NCAC 7H .0209(d). Petitioner therefore
seeks a variance from the 30 foot buffer rule.
The following additional information is attached to this memorandum:
Attachment A:
Relevant Rules
Attachment B:
Stipulated Facts
Attachment C:
Staff Summary of Petitioner's Position and Staffs Responses to Criteria
Attachment D:
Petitioner's Variance Request Materials
Attachment E:
Letter from Adjacent Property Owners
cc: Donna D. Moffitt, DCM Director
Charles S. Jones, DCM Assistant Director, Permits and Enforcement
Ted Tyndall/Tere Barrett, Morehead City DCM Office
Jill B. Hickey, Special Deputy Attorney General

CRC-VR-02-16 •
ATTACHMENT A
RELEVANT STATUTES OR RULES
15A NCAC 7H .0209 Coastal Shorelines
(d) Use Standards
(10) Within the Coastal Shorelines category (estuarine and public trust shoreline
AECs), new development shall be located a distance of 30 feet landward of the
normal water level or normal high water level, with the exception of the
following:
(A) Water -dependent uses as described in Rule 7H .0208(a)(1) of this Section;
(B) Pile -supported signs (in accordance with local regulations);
(C) Post -or pile -supported fences;
(D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and •
six feet in width or less. The boardwalk may be greater than six feet in
width if it is to serve a public use or need;
(E) Crab shedders, if uncovered with elevated trays and no associated
impervious surfaces except those necessary to protect the pump;
(F) Decks/Observation Decks limited to slatted, wooden, elevated and
unroofed decks that shall not singularly or collectively exceed 200 square
feet;
(G) Grading, excavation and landscaping with no wetland fill except when
required by a permitted shoreline stabilization project. Projects shall not
increase stormwater runoff to adjacent estuarine and public trust waters
and,
(H) Development over existing impervious surfaces, provided that the existing
impervious surface is not increased and the applicant designs the project to
comply with the intent of the rules to the maximum extent feasible.
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• CRC-VR-02-16
ATTACHMENT B
STIPULATED FACTS
1. Petitioner owns property at the end of Styron's Creek Road in Sea Level, Carteret
County.
2. The property is adjacent to Glover's Creek, a tributary of Core Sound Outstanding
Resource Waters (ORW).
3. An abandoned, uninhabitable house and a manufactured home exist on Petitioner's
property. Petitioner intends to remove the house and construct a new residence.
4. Petitioner applied for a CAMA minor permit to construct a gravel driveway across the
adjacent property owned by Everett and Victoria Jenkins to access to his lot. Petitioner
proposed to construct a single family residence and septic field on his lot.
5. On August 19, 2002, Petitioner received approval for a residence and septic field under a
CAMA Exemption issued by Carteret County Planning Department, but that exemption
iexpired after 90 days and is no longer valid. On August 13, 2002, Petitioner also received
an Improvement Permit from the Carteret County Health Department, Environmental
Health Division, for a low-pressure pipe system and modification for an on -site
wastewater system to serve a three -bedroom single family residence on the lot.
6. The proposed driveway would measure 10' by 275' (2,750 square feet) and the footprint
of the residence would measure 1,286 square feet.
7. Petitioner's entire property is within the 575-foot ORW Coastal Shoreline Area of
Environmental Concern (AEC). The proposed area for the gravel driveway (easement
area) on the Jenkins' property is also within the 575-foot ORW Coastal Shoreline AEC.
8. The property is surrounded by marsh and water except for on the side where it borders the
Jenkins' lot. Thus, the only access to the property is across the Jenkins' lot.
9. Petitioner inherited this property and adjacent properties many years ago. He conveyed a
portion of the property to his brother, Garland C. Fulcher, in 1977.
10. In October 2001, a Deed of Correction was filed in which Petitioner was granted a 10
foot easement along the northern and eastern boundary of the property owned by Garland
C. Fulcher. The Deed states that it is to be a vehicular easement that may be rocked or
paved. The easement formalized in the Deed of Correction represents the same path
• . Petitioner has always taken to access his property.

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CRC-VR-02-16 •
11. Garland C. Fulcher sold his parcel to Everett and Victoria Jenkins in November 2001.
That conveyance referenced Petitioner's 10-foot easement across the Jenkins' property.
12. Petitioner currently drives across the easement area to access his property. The driveway
is grassy and unimproved and becomes muddy at times.
13. The easement runs along the water's edge and is located almost directly adjacent to an
existing bulkhead on the Jenkins' property. The length of driveway that is located on the
Jenkins' property and within the 30-foot buffer is at least 200 linear feet.
14. DCM denied Petitioner's permit application because the proposed gravel driveway would
be located within the 30-foot buffer for coastal shorelines. 15A NCAC 7H .0209(d).
15. The adjacent property owners, Everett and Victoria Jenkins, object to the proposed
driveway. At first, they signed an "Adjacent Riparian Property Owner Statement"
representing that they had no objection to the proposal. Later, they wrote a letter dated
October 10, 2002, asking that their permission be rescinded. The concerns of the adjacent
property owners are expressed in the October 10 letter which is attached hereto as
Attachment E.
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CRC-VR-02-16
ATTACHMENT C
Summary of Petitioner and Staff Positions
I. Will strict application of the applicable development rules, standards, or orders
issued by the Commission cause the petitioner unnecessary hardships? If so, the
petitioner must identify the hardships.
Petitioner's Position: Yes.
Petitioner maintains that strict application of the applicable CAMA development rules,
standards and orders issued by the Commission will cause hardship for him. The property has
been approved to be a valuable, buildable lot by Carteret County Department of Planning, and
Petitioner has received a CAMA Exemption Permit and an Improvement Permit issued by
Carteret County Environmental Health. If Petitioner must follow the guidelines issued by the
Commission, he argues that he will be unable to access his property, thereby devaluing it and
rendering it useless.
is
Staffs Position: Yes.
Application of the 30-foot buffer rule causes Petitioner hardship because he cannot
improve a driveway which is the only access to his property. The hardship is not substantial
because Petitioner can still drive on the grassy easement to access his property. The hardship is,
however, somewhat unnecessary because the addition of gravel to the driveway will not cause a
significant increase in impervious surfaces because the constant travel on the driveway compacts
the soils and already causes a certain degree of impermeability. .
II. Do such hardships result from conditions peculiar to the petitioner's property, such
as location, size, or topography of the property? Explain.
Petitioner's Position: Yes.
The property in question has been in Petitioner's family for more than a hundred years.
Petitioner states that he inherited this property as well as adjacent properties in 1963 from his
father, Andrew T. Fulcher. In 1977, he sold a portion of the property to his brother, Garland C.
Fulcher, thinking he would always have access to all properties. Petitioner granted his brother an
easement over 300 yards through his home place property.
Petitioner states that he had not had a problem accessing the lot until recently (November,
2001) when his brother sold the adjacent property to Mr. Jenkins. Included in the deed and
• agreed upon at the time of purchase and by signatures of Mr. and Mrs. Jenkins was a reference to
an easement granted to Petitioner by an earlier deed by Garland C. Fulcher and wife, which falls
within the CAMA guidelines. Petitioner argues that all setbacks meet CAMA approval other

M,
CRC-VR-02-16 •
than the roadway. The hardship in question is that this easement is the only access to this
property. All other possible routes would be through marshlands.
Staffs Position: Yes.
The hardship results from the unique shape of Petitioner's property. It is surrounded by
water or marsh on three sides and the only access to his property is across the Jenkins' lot. The
location of the easement along the water's edge is unfortunate, but it is logical that Petitioner
would access his lot the furthest distance possible from the adjacent house to cause the least
disturbance.
III. Do the hardships result from the actions taken by the Petitioner? Explain.
Petitioner's Position: No.
Before Petitioner's brother re -sold the property a few months ago, Petitioner requested
that he write in an easement for Petitioner's protection. A Deed of Correction was filed at
Petitioner's.request as well as at Petitioner's expense. Petitioner argues that he has done
everything he could do to protect access to his land. The location of his land is such that it is
surrounded by marsh and water except for the Jenkins' property so he must get to his property by •
crossing the Jenkins' property.
Staffs Position: No.
Petitioner did not contribute to the hardship in this case. The location of the easement on
the property reflects the path that Petitioner had always taken across the adjacent lot to access his
property. Petitioner could not have known 25 years ago that this would later be an unwise
location for the access road in light of current environmental regulations.
IV. Will the variance requested by the petitioner
(1) be consistent with the spirit, purpose, and intent of the rules, standards or orders
issued by the Commission; (2) secure the public safety and welfare; and (3) preserve
substantial justice? Explain.
Petitioner's Position: Yes.
Petitioner argues that with careful planning of this roadway, it can be so constructed with
proper drainage and adherence to guidelines required by the Commission, without hurting the
marshlands and waters of Glover's Creek as well as the estuarine environment, and without
causing any damage to Mr. Jenkins' property. •
Also, after consulting with Carteret County Environmental Health Specialists and

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CRC-VR-02-16
receiving a copy of "Laws and Rules for Sewage Treatment and Disposal Systems" of NCDENR
Publication 15A NCAC 18A.1900, Petitioner claims that he has learned that nothing in this
publication prohibits a roadbed within 20 feet of any part of a system except that these areas may
not be subject to vehicular traffic. According to page 20, "Nutrification fields and repair areas
shall not be located under paved areas or areas subject to vehicular traffic unless ductile iron or
its equivalent type shall be used."
In this case, the drain fields and septic system of Mr. Jenkins could not possibly be
harmed in any way since no part of the drain field system or septic tank will be within 20 feet of
the roadway. Petitioner states that he knows this to be true because at one time the Jenkins'
property was his personal residence. Petitioner built the house and had the system installed.
Petitioner argues that placing gravel on a roadbed should in no way cause problems with
safety but quite the contrary, would rather increase safety. Petitioner has been using this
easement without any problems other than that the roadway should be firmer rather than traveling
across grassy areas and soil. He currently drives his pickup truck across this area without
problems, but believes he needs to use gravel surfacing so as to prevent deterioration of the
grassed easement in question. Such stabilization will result in reducing any potential damage to
the marsh areas and water by minimizing silting and run-off from the roadway occurring during
rains, which would otherwise fall on the muddy road surface.
Petitioner finally states that he believes that he is asking for nothing harmful to the
environment and for what is reasonably his; that he is asking to be able to use his property in a
manner that any other landowner would expect; and that he is not being unreasonable in his
requests.
Staffs Position: Yes.
Allowing Petitioner to impact the buffer for a distance of approximately 200 feet for a 10-
foot wide personal driveway is consistent with the spirit, purpose and intent of the rules. The
buffer rule is designed to protect water quality by creating a buffer between a water body and any
impervious surfaces which would lead to stormwater runoff into the marine environment.
Petitioner's proposal to lay gravel on his existing driveway will not appreciably increase
stormwater runoff because the driveway is already somewhat impermeable due to compaction.
Further, Petitioner has indicated he will attempt to address drainage issues during construction.
The proposal will improve the safety of the driveway. It will preserve substantial justice by
allowing Petitioner to improve the driveway as he expected to be able to do when he filed the
Deed of Correction, which states that the easement is to be a vehicular easement "that may be
rocked or paved."

ATTACH�M D_
C'-+e : Jn `a4�oa. •
DCM FORM 11
PETITIONER'S NAME LPrrfh, CAIvIA VARIANC
E
hq Io•- :rt-br. REQUEST
COUNTY �i uc-arss-7C4&2 QSR) aXz-31'P7
FILE NUMBER
(petitioner leave blank)
Pursuant to North Carolina General Statute 113A-120.1 and 15A North Carolina Administrative
Code W Section .0700, the petitioner in this matter applies to the Coastal Resources Commission for
a variance.
The undersigned states that (check one):
He or she has received a final decision on an Application for a CAMA
/ Major Development Permit; or
i/
He or she has received a final decision on an Application for a CAMA
Minor Development Permit. . •
For this variance request to be complete, the petitioner must provide the information listed
below. The undersigned petitioner verifies that this variance request is complete and includes:
V the case name and location of the development as identified on the permit application;
an explanation of the reasons why the petitioner believes that the Commission should grant
a variance (petitioner must provide complete responses to the four questions presented on
this form, and should be able to answer (a) and (b) in the affirmative, (c) in the negative, and
(d) in the affirmative;
_1/a copy of the permit application and denial for the development in question;
the date of the petition, and the name, address, and phone number of the petitioner; and
t—�--a complete description of the proposed development, including a site drawing with adequate
topographical and survey information.
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k
CERTIFICATE OF SERVICE
I hereby certify that this Variance Request has been served on the State agencies named
below by depositing copies of it with the United States Postal Service with sufficient postage for
delivery by first class mail or by personally delivering copies to the named agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
and a copy served on: Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
This the day of �%(�� �0��� , 20_Q.2_.
Revised: August 2002
0
i ture of Petitioner or Attorney

VARIANCE HEARING PROCEDURES
A variance request will be considered by the Commission at a regularly scheduled meeting. A
variance petition will be heard by the Commission no later than the second regularly scheduled
meeting following the date that the attorney for the Division of Coastal Management and the
petitioner reach agreement on stipulated facts relevant to the four variance criteria listed below,
except when a later meeting is agreed upon by the petitioner and the Division of Coastal
Management. A complete variance petition, as described below, must be receired by the Director of
the Division of Coastal Management a minimum of four weeks in advance of a regularly scheduled
Commission meeting to be eligible for consideration by the Commission at that meeting. The
stipulated facts which support the variance criteria must be agreed to at least two weeks prior to the
meeting at which the variance is scheduled. If stipulated facts are not agreed upon at least two weeks
prior to the meeting, the variance petition must be rescheduled for the next meeting of the
Commission. Therefore, a petitioner is encouraged to submit a complete variance request more than
four weeks in advance of a meeting in order to have the maximum opportunity to be heard at the next
regularly scheduled meeting of the Commission.
The procedure described above does not apply in all circumstances. In the following instances, a
petition must be heard by means of an administrative hearing: when there are controverted facts that •
are significant in determining the propriety of a variance; when the Commission determines that
more facts are needed due to the extraordinary nature of a petition; or when the staff determines that
agreement cannot be reached on sufficient facts on which to base a meaningful variance decision.
VARIANCE CRITERIA (If necessary, please attach additional sheets)
The petitioner has the burden of convincing the Commission to grant a variance. The Commission
may vary or modify the permit application, and impose reasonable and appropriate conditions and
safeguards upon any variance it grants. N.C.G.S. § 113A-120.1
(a) Will strict application of the applicable development rules, standards, or orders
issued by the Commission cause the petitioner unnecessary hardships? If so, the
petitioner must identify the hardships.
(b) Do such hardships result from conditions peculiar to the petitioner's
property such as the location, size, or topography of the property? Explain.
See

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(c) Do the hardships result from actions taken by the petitioner? Explain.
(d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose,
and intent of the rules, standards or orders issued by the Commission; (2) secure the
public safety and welfare; and (3) preserve substantial justice? Explain.
2e�
0
Due to the above information and pursuant to statute, the undersigned hereby requests a
variance.
Date/z22
ature
Name of Petitioner or Attmey
My ---
Address
MDrehea d Air o,2gss7
City State . Zip
2-2 -o0or
Telephone Number
t'. a� %a L -aSi-1.9 7haln /A a l 12mQ" 1. e- Ls. c! o.n
Fax Rumber and/or E-mail Address (if available)
This variance request must be served on the Director, Division of Coastal Management, and the
Attorney General's Office, Environmental Division, at the addresses shown on the attached
Certificate of Service form. If a contested case hearing will be required to resolve disputed facts or
you want to appeal the permit decision upon which your Variance Request is based, a separate
Petition for a Contested Case Hearing should be filed with the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699-6714 as well as with the parties listed on the
attached Certificate of Serviceform.

DCM FORM 11 (Attachment)
PETITIONER'S NAME
COUNTY
FILE NUMBER
Location
VARIANCE CRITERIA
CAMA VARIANCE
REQUEST
John W. Fulcher
809 Lord Granville Dr.
Morehead City, NC 28557
(252) . 222-3167
Carteret
20.02C
Glover's Creek and Core Sound -at end of State Rd. 1377,
(Styron's Creek Rd.) Sea Level, NC
(a) Will strict application of the applicable development rules, standards, or orders issued
by the Commission cause the petitioner unnecessary hardships? If so, the petitioner
must identify the hardships.
Answer: Yes. Strict application of the CAMA applicable development rules,
standards and orders issued by the Commission will cause hardship for me.
This property has been approved to be a valuable, buildable lot by Carteret County
Department of Planning, including a CAMA Exemption Permit and an Improvement
Permit issued by Carteret County Environmental Health.
If I follow the guidelines issued by the Commission I will be unable to access my
property, thereby devaluing it and rendering it useless.
NOTE: Documents Enclosed
(b) Do such hardships result from conditions peculiar to the petitioner's property such as
the location, size, or topography of the property? Explain.
Answer. Yes The property in question has been in my family for 100+ years. I
inherited this property as well as adjacent properties in 1963 from my father, Andrew
T. Fulcher. In 1977, I sold a portion of the property to my brother, Garland C.
Fulcher, thinking I would always have access to all properties. I granted him
easement --over 300 yards through my home place property.
•
•
I had not had a problem accessing the lot until recently (November, 2001) when
my brother sold the adjacent property to Mr. Jenkins Included in the deed and
agreed upon at the time of purchase and by signatures of Mr. and Mrs Jenkins was a •
reference to an easement granted to me by an earlier deed by Garland C. Fulcher
and w fe, which falls within the CAMA guidelines (See attached deed) All setbacks
DCM FORM 11(Anwhment) l of 2 1=4(02

meet CAMA approval other than the roadway.
The hardship in question is that this easement is the only access to this property.
All other possible routes would be through marshlands.
(c) Do the hardships result from actions taken by the petitioner? Explain.
Answer. No. Before my brother re -sold the property a few months ago, I requested
that he write in an easement for my protection. He did so at my request as well as at
my expense. I paid to have a Deed of Correction written as well as surveys. 1 have
done everything I could do to protect access to my land The location of my land is
such that it is surrounded by marsh and water except for the Jenkins' property so I
must get to my property by crossing the Jenkins' property_
(d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose,
and intent of the rules, standards or orders issued by the commission; (2) secure the
public safety and welfare; and (3) preserve substantial justice? Explain.
Answer. Yes. With careful planning of this roadway, it can be so constructed with
proper drainage. and adherence to guidelines required by the Commission, without
hurting the marshlands and waters of Glover's Creek as well as the estuarine
environment or causing any damage to Mr. Jenkins' property.
Also, after consulting with Carteret County Environmental Health Specialists and
receiving a copy of "Laws and Rules for Sewage Treatment and Disposal Systems " of
NCDENR Publication 15A NCAC I8A.1900 I have learned that nothing in this
publication prohibits a roadbed within .20 feet of any part of a system except that
these areas may not be subject to vehicular traffic. According to page 20,
' Nutriji'cation fields and repair areas shall not be located under paved areas or
areas subject to vehicular traffic unless ductile iron or it's equivalent type shall be
used "
In this case, the drain fields and septic system of Mr. Jenkins could not possibly
be harmed in any way since no part of the drain field system or septic tank will be
within 20 feet of the roadway. I know this to be true because at one time this was my
personal residence. I built the house and had the system installed.
Placing gravel. on a roadbed should in no way cause problems with safety but
quite the contrary, would rather increase safety.
I have been using this easement without any problems other than that the
roadway should be firmer rather than traveling across grassy areas and soil. I am
currently driving my pickup truck across this area without problems, but believe I
need to use gravel surfacing so as to prevent deterioration of the grassed easement in
question. Such stabilization will result in reducing any potential damage to the
marsh areas and water by minimizing silting and run-off from the roadway occurring
during rains, which would otherwise fall on the muddy or mushy road surface.
I believe that I am asking nothing harmful to the environment and for what is'
reasonably mine. I am asking to be able to use my property in a manner that any
other landowner would expect. I believe I am not being unreasonable in my requests
DQIIFORM It (Athehmmt) 2 oft MUM

• V.
NCDENR
North Carolina Department of Environment and Natural Resources
.Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr. secretary
Mr. John Fulcher October 10, 2002
809 Lord Granville Dr.
Morehead City, NC 28557
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT APPLICATION NO. 20-02C
Dear Mr. Fulcher:
After reviewing your application in conjunction with the development standards required by the Coastal Area
Management Act (CAMA), the Carteret County Land Use Plan and Local Ordinances, it is this office's determination
that no permit may be granted for development you have proposed adjacent to Glover's Creek and within the
Outstanding Resource Waters Coastal Shoreline of Core Sound, at the end of Styron's Creek Road in Sea Level,
Carteret County.
This decision is based on the Division's finding that your request violates NCGS 113A-120(8) which requires
that all applications be denied which are inconsistent with CAMA guidelines. You have applied to construct a roadway
to a lot currently undergoing subdivision review, and to construct a residence and septic field on the property. The
roadway, which is the only access to the property and integral to residential construction, is inconsistent with 15A
NCAC 07H 0209(d)(10) which states that: "Within the Coastal Shorelines category (estuarine and public trust
shoreline AEC's)., new development shall be located a distance of 30 feet landward of the normal water level or
normal high water level..." If you can provide alternate access to the property that lies 30 feet or more from the
normal high water contour, the Division will reconsider authorization of the residence and amenities.
Should you wish to appeal my decision to the Coastal Resources Commission or request a Variance from that
commission, please contact me so I can provide you with the proper forms and any of the information -you may
require. The Division of Coastal Management in Raleigh must receive appeal notices within twenty (20) days of your
receipt of this letter in order to be considered.
16inc Mely,
&44�—
T. Barrett
Coastal Management Representative
Cc: Charles Jones, DCM
Ted Tyndall, DCM
Larry'Smith, DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post consumer Paper
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ATTP:CHMENT E
APR-04-2003 FRI 10:28 AM NO DIV OF COASTAL MGMNT
October 10, 2002
FAX NO. 4 P. 02
'!
SUBJECT: Proposed new construction ofshigie-family honk.
To Whom It May Concern:
Please let it be known that Evcrett and Vickie Jenkins, owning property at 216 Styron
Creck Rd., have serious concerns and object to the proposed new construction on the
t tlaccnl property owned by John and Patsy Fulcher. We ..also abject to the building orit
new read on the watcr's edge ('or the purpose of vehicular traffic.
We further ask that the Adjacent Riparian Property Owner Statement signed earlier by
liverett .Jenkins giving permb"lon to build a single fancily honk on the adjacent propeily
be rescinded because All the facts were not given to us by the property owner. We were
led to believe by Mr. Fulcher that he was :a victim of circumstances due; to rules and
regulatious (CAMA) being implemented. of which he had no control. I Ic even went so far
as to explain how he couldn't have 2 hotl.5es and a trailer on the same tact of land and
that he would have to have his birthplace Koine torn down to accommodate the proposed .
new home. 1 ielt compassion for hint acid his plight that he laid before me, therefore I
signed the adjacent property statement. However. some months later, I learned the true
facts. Mr. Fulcher subdivided the land in question after the LAMA rules and regulations
wollt into effect. I le was not a victim of circumstances and his birthplace home was not in
any danger because it was on an unrelated tract of land. arc also revealed to me later that
he wants to use the proposed new home as rental property. Again, had 1 known this, I
would not have signed the st-,iterneltt. i can honestly and wholeheartedly say that hacl Mr.
Fulcher's story not been Compromised by the facts, I would not ask that the Adjacent
Itilinrian Property Owner Statement signed earlier be rescinded.
Our concerns and objections are centered around environmental issues, water supply
issues, access issues, utility issues, septic issues and property damage issues. In
conjunction with building a rental home, there Arc concerns and objections to the
construction of a proposed road. Please find enclosed with this letter a statement ol, those
concerns and objections.
I�spectrtiny,
ram^ �✓� r✓� � ;r. �,���_,_. c��•:.��,� ���.o,
/f
E3verelt Jenkins and Victoria Jenkins

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PAGE OF 7PAGE OF
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SITE PLANAPLANg
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V
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;=D: YES (L�NO ( ) 1
*SYSTEM SHALL NOT BE INSTAL ED
UNDER WET CONDITIONS
PHONE .✓�'�= *Trench bottom depth to be no deeper than '
7 _ -7 l_ 2 bil1.: naturally occurring surface.
SUBDIVISION ` + Easement R uircd: Yes tf No
LOTS BLOCK SEC: Drainage Maintenance Req. Surface (�bsurface ( )
TYPE STRUCTURE: & to a Maintain Minimum 10' From Water Line
NO. BEDROOMS: 3 NO. BATHS: C Comments:
NO. PEOPLE: GDESIGN FLOW: 300
GARBAGE GRINDER: YES ( ) NO (vr
SEPTIC TANK: 1010& GAL. PUMP TANK: o*& GAL.
NO. LINES: " ('I(" WIDTH: 0 d
TOTAL LENGTH: FT. TOTAL SQ. FT.
WATER SOURCE:
HORIZONTAL DISTANCE FROM WELL: S�' FT.
SITE MODIFIED: YES (ta�_NO ( )
DRAINAGE REQUIREMENTS:
OWNER:
0
TAX PARCEL: 7 Yd/
PROPERTY LOCATION: /9
• STRUCTURE SHALL BE PLACED SO THAT GRAVITY
FLOW IS ACHIEVED OR PUMP SYSTEM SHALL BE
REQUIRED.
* Prior to any chInges in system layout, approval must be obtained
from Health Department.
i
* NOTICE: Construction must comply with all state and local
regulations. Do .not install well until well site has been approved
on inspection.
i
* 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.

ROY COOPER
ATTORNEY GENERAL
p SiAT[
State of North Carolina
Department of Justice
P. O. Box 629
RALEIGH
27602-0629
May 7, 2003
Mr. John W. Fulcher
809 Lord Granville Drive
Morehead City, North Carolina 28557
Re: Variance Request to Coastal Resources Commission
CRC-VR-02-16
Reply to:
Jill B. Hickey
Environmental Division
Tel: [phone]
Fax:[phone]
jhickey@mail.j us.state.nc.us
UAY 0 8 2003
Dear Mr. Fulcher:
At its April 23, 2003 meeting, the Coastal Resources Commission voted to grant the
above referenced variance request. Attached is a copy of the Final Order, signed by the
Chairman of the Coastal Resources Commission.
Sincerely,
i . Hickey
Special Deputy Attorney General
cc: Donna Moffitt
Charles S. Jones
Ted Tyndall
Merrie Jo Alcoke

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF:
PETITION FOR VARIANCE
BY JOHN W. FULCHER
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC - VR - 02 -16
FINAL ORDER
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) on April 23, 2003
in Atlantic Beach, North Carolina pursuant to N.C.G.S. § 113A-120.1 and 15A NCAC 7J.0700, et
M. Assistant Attorney General Meredith Jo Alcoke appeared for the Department of Environment
and Natural Resources, Division of Coastal Management; John W. Fulcher appeared on his own
behalf.
Upon consideration of the stipulated facts, record documents and the arguments of the
parties, the CRC adopts the following:
STIPULATED FACTS
1. Petitioner owns property at the end of Styron's Creek Road in Sea Level, Carteret County.
2. The property is adjacent to Glover's Creek, a tributary of Core Sound Outstanding Resource
Waters (ORW).
3. An abandoned, uninhabitable house and a manufactured home exist on Petitioner's property.
Petitioner intends to remove the house and construct a new residence.
4. Petitioner applied for a CAMA minor permit to construct a gravel driveway across the
adjacent property owned by Everett and Victoria Jenkins to access to his lot. Petitioner
proposed to construct a single family residence and septic field on his lot.
5. On August 19, 2002, Petitioner received approval for a residence and septic field under a
CAMA Exemption issued by Carteret County Planning Department, but that exemption
expired after 90 days and is no longer valid. On August 13, 2002, Petitioner also received
an Improvement Permit from the Carteret County Health Department, Environmental Health
Division, for a low-pressure pipe system and modification for an on -site wastewater system
to serve a three -bedroom single family residence on the lot.
6. The proposed driveway would measure 10' by 275' (2,750 square feet) and the footprint of
the residence would measure 1,286 square feet.
7. Petitioner's entire property is within the 575-foot ORW Coastal Shoreline Area of

Environmental Concern (AEC). The proposed area for the gravel driveway (easement area)
on the Jenkins' property is also within the 575-foot ORW Coastal Shoreline AEC.
The property is surrounded by marsh and water except for on the side where it borders the
Jenkins' lot. Thus, the only access to the property is across the Jenkins' lot.
9. Petitioner inherited this property and adjacent properties many years ago. He conveyed a
portion of the property to his brother, Garland C. Fulcher, in 1977.
10. In October 2001, a Deed of Correction was filed in which Petitioner was granted a 10-foot
easement along the northern and eastern boundary of the property owned by Garland C.
Fulcher. The Deed states that it is to be a vehicular easement that may be rocked or paved.
The easement formalized in the Deed of Correction represents the same path Petitioner has
always taken to access his property.
11. Garland C. Fulcher sold his parcel to Everett and Victoria Jenkins in November 2001. That
conveyance referenced Petitioner's 10-foot easement across the Jenkins' property.
12. Petitioner currently drives across the easement area to access his property. The driveway is
grassy and unimproved and becomes muddy at times.
13. The easement runs along the water's edge and is located almost directly adjacent to an
existing bulkhead on the Jenkins' property. The length of driveway that is located on the
Jenkins' property and within the 30-foot buffer is at least 200 linear feet.
14. DCM denied Petitioner's permit application because the proposed gravel driveway would
be located within the 30-foot buffer for coastal shorelines. 15A NCAC 7H .0209(d).
15. The adjacent property owners, Everett and Victoria Jenkins, object to the proposed driveway.
At first, they signed an "Adjacent Riparian Property Owner Statement" representing that they
had no objection to the proposal. Later, they wrote a letter dated October 10, 2002, asking
that their permission be rescinded. The concerns of the adjacent property owners are
expressed in the October 10 letter which was attached as Attachment E to the staffs
memorandum regarding the variance request.
Upon consideration of the stipulated facts, record documents and the arguments of the
parties, the CRC adopts the following:
CONCLUSIONS OF LAW
1. The CRC has jurisdiction over the parties and the subject matter.
2. The parties have been correctly designated and there is no question of misjoinder or
nonjoinder of parties.

t
3. All notices for the proceeding were adequate and proper.
4. The Petitioner has demonstrated that strict application of Rule 15A NCAC 7H
.0209(d) to Petitioner's permit application will result in unnecessary hardship.
5. The Petitioner has demonstrated that Petitioner's hardship results from conditions
peculiar to the project property.
6. The Petitioner has demonstrated that Petitioner's hardship does not result from his
own actions.
7. The Petitioner has demonstrated that Petitioner's proposed development is within the
spirit, purpose and intent of the Commission's rules; that it will secure public safety and welfare;
and that it. will preserve substantial justice.
THEREFORE, the petition for variance from Rule 15A NCAC 7H .0209(d) is GRANTED.
This the 4-
day of May, 2003. jQ r
1
Eugene B. Tomlinson, Jr., Chairman
Coastal Resources Commission

CERTIFICATE OF SERVICE
This is to certify that I have caused the foregoing Final Order to be served upon the
Petitioner by depositing a copy thereof in the U.S. Postal Service with sufficient postage for
delivery by first class mail and addressed to:
Mr. John W. Fulcher
809 Lord Granville Drive
Morehead City, North Carolina 28557
This the day of May, 2003. —
it B. Hic ey
ecial Deputy Attorney eral
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]

Locality
GENERAL INFORMATION
LAND OWNER
Name
Permit Number
--
u y� OCT 0 4 2002 e
Address kog L i kD C= jf,e%1 jI I / �'E :DR.
city ZV State &42,_ Zip 9,k !Z5rj Phone [phone]
AUTHORIZED AGENT
Name
Address
City
State Zip
a 1► '"An'eAnx r.4PEIr
(If not oceanfront, is waterbody natural or manmade?)
DESCRIPTION OF PROJECT Bj_,jAb aegen52
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard t.-- Estuarine Shoreline
PROPOSED USE
Phone
ORW Shoreline Public Trust Shoreline Other
+,' Residential Commerical/Industrial Other
SQUARE FOOTAGE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR
BUILT -UPON SURFACES (such as driveways, etc.) within 75 feet of the estuarine shoreline, or 575 feet of an
ORW shoreline, or 30 feet of the public trust shoreline. /2 3ig fix, lam'r a7 ""411 z- iQD_
SQUARE FOOTAGE OF TOTAL FLOOR AREA OF BUILDING /,23 _-2�
SQUARE FOOTAGE OF SITES-Sa
OTHER PERMITS MAY BE REQUIRED:
The activity you are planning may require
permits other than the CAMA minor
development permit. As a service we have
compiled a listing of the kinds of permits that
might be required. We suggest you check
over the list with your LPO to determine if
any of these apply to your project.
Zoning, Drinking Water Well, Septic Tank
(or other sanitary waste treatment system),
Burning, Electrical, Plumbing, Heating and
Air Conditioning, Insulation and Energy
Conservation, FIA Certification, Sand Dune,
Sediment Control, Subdivision Approval,
Mobile Home Park Approval, Highway
Connection, and others.

APPLICATION FOR
f-1 AAITA
In 1974, the North Carolina General Assembly passed?, ;
the Coastal Area Managenierit Act and, get the stage foz tt
guiding development in the fragile andkproductive areas +
�V, -which border the states sounds -and oceanfront...Along
with r uirin s ecial care b thos '"yvo build and
z tt s 'J �gp.. Y
I develop, the'General Assembly directed the Coastal
..' � Resources Commission (CRQ!to implemerlt,clear regula-
tions which'minimize the burden on the applicant.
E
1 This application`for a minor development' permit and r', r,t s'
1 " t - �CAMA;is part'of the Commission's effort to'meef the�A
j y ` spirit and intent of the General Wssembly. It has been
designed to be straightforward and require no more
} time or effort`necessary from the applicant. Please go
over this folder with the Local Permit Officer (LPOY for
{ ;the locality in which you plan ;to build to be certainahat
you understand.what ih 6ftfiation he or she needs.
Under CAMregulations,�the minor permit is to be
' 1 ,.. �. ,2z issued`within 25 days once a complete application is iris
Shand. Often less trine is needed jf'the project is simple':'
The process`generally takes about 18 days. You can
speed the approval process by making certain that your
application is complete and signed, that your drawing
meets the specifications giyenmside and that you>
application fee is attached
Other permits are sometimes required for development:;77 _,
in the coastal area While -these are not.CAMA-related$
az M� _ �- ,
eck I" the Local PermitrvOfficer to x
of these you may need: mA listing is
mcluded on page 2 of this folder.
,.x
We appreciate your cooperation with the North
Carolina Coastal Management Program and your
,t willingness to build in a way which protects the
resources of our beautiful and productive coast.
Coastal Resources Commission
Division of Coastal Management—

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
July 9, 2003 O
Ms. Vicky Jenkins
2445 Devonshire Court
Burlington, NC 27215
Dear Ms. Jenkins:
This correspondence is in reference to your objection to the recent project proposal
by your neighbor, Mr. John W. Fulcher. The proposal involved the grading, landscaping,
and residential and road construction at the end of SR 1377 (Styron's Creek Road) adjacent
to Core Sound and Glover's Creek, in Sea Level, Carteret County, North Carolina.
The North Carolina Division of Coastal Management has given your objections
careful consideration and during the April 2003 Coastal Resources Commission (CRC)
meeting, the CRC granted a variance from Rule 15A NCAC 7H.0209 (d). Therefore on
June 17, 2003, the Division issued CAMA Minor Permit #15-03 to Mr. Fulcher for the
aforementioned work.
If you wish to appeal this permit decision, you may file a request with the Director
of the Division of Coastal Management, Department of Environment and Natural Resources
within 20 days of this letter (typically from the date of permit issuance - but there was a
failure on the Division's part to notify you of the permit issuance). I apologize for that
mistake. I have enclosed a copy of the CAMA Minor Permit for your perusal along with a
copy of the Third Party Hearing Request. If you have any questions regarding this matter,
please don't hesitate to contact me at my Morehead City Office (252-808-2808).
Sincerely,
M. Ted Tyndall
District Manager
Enclosures
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
June 17, 2003
Mr. John W. Fulcher
809 Lord Granville Drive
Morehead City, NC 28557
Dear Mr. Fulcher:
Attached is CAMA Minor Development Permit # 15-03 for grading, landscaping, residence
construction (28' x 44% septic installation (74' x 28% and road construction (10' x 275') at the
end of state road 1377 (Styron's Creek Road) in Sea Level, NC.
In order to validate this permit, please sign both copies as indicated. Retain the original (yellow
copy) for your files and return the signed copy to us in the enclosed, self-addressed envelope.
Your early attention to this matter would be appreciated.
Sincerely,
E'/�, ,d" .�-
Tere Barrett
Coastal Management Representative
TB/srk
Enclosures
cc: Ted Tyndall, District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

DGM — MHD
Local Government
BY CRC VARIANCE LAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment
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 JOHN W. FULCHER , authorizing development in ORW SHORELINE
# 15-03
Permit Number
atEND OF SR 1377 (STYRON'S CREEK ROAD) ADJ. TO CORE
SOUND AND GLOVER'S CREEK 05/07/03 FINAL ORDER OF
as requested in the permittee's application, dated
06 / 17 /,03 CRC
This permit, issued on . 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.
This permit authorizes grading, landscaping, residence construction (28' x 44% septic installation
(741x 28% and road construction (10' x 2751) contingent upon the following conditions:
1. All proposed development. and associated construction must be done in accordance with the
application dated 10/04/02, workplat drawing(s) dated 10/04/02, and originally submitted on
10/04/02.
2. All construction must conform to the North Carolina Building Code requirements and all other
Local, State and Federal regulations.
3. Any change or changes in the plans for development, construction, or land use activities will
require a re-evaluation and modification of this permit.
4. Prior to initiating any land -disturbing activities, adequate sedimentation/erosion control measures
must be employed to prevent the movement of unconsolidated materials into the marsh or water.
These measures will remain in place until such time as the area has been properly stabilized with a
vegetated cover.
* See page 2 for additional conditions. *
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 m„st cease until the appeal is resolved. Local Permit Officer (signature)
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,�9006
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, COASTAL MANAGMENT REP.
NC DIVISION OF COASTAL MANAGEMENT name
HESTRON PLAZA II, 151—B HWY 24
MOREHIR D rTTYr Nr 98557
TELEPHONE: [phone] address
Permittee
(signature required if special conditions above apply to permit)

Minor Permit # 15-03
Fulcher, John W.
Page 2 of 2
5. Pursuant to 15 NCAC, Subchapter 7J.0406(b), this pen -nit may not be assigned, transferred, sold or
otherwise disposed of to a third -party by the applicant, agent, or any entity other than the NC
Division of Coastal Management.
6. It is noted that coastal marsh exists on the property, and that the proposed development addressed
on the submitted plat dated 10/04/02 is not located within this marsh.
7. No excavation or filling of any wetlands or waters is authorized under this permit.
8. The development authorized under this permit, with the exception of the gravel driveway, must
be accomplished a minimum of 30' landward of the normal high water contour/normal water
contour, maintaining this as a vegetated buffer area.
9. A copy of this permit shall be available onsite for regulatory inspection.
10. The amount of built -upon area shall be limited to no more than 25% of the area within 575' from
the normal high water contour/normal water contour, which defines the Coastal Shoreline AEC
at this location. In this case, 14% of built upon surface is authorized.
11. Stormwater collection systems are prohibited under this permit, as they are adjacent to all ORW
waters.
12. The gravel driveway must not exceed 10' in width, and in no case may exceed the limits of the
- surveyed easement boundary as described in the deed between Fulcher and Jenkins, Schedule A,
Book 924, Page 734. -
13. Within the 30' buffer area from the NHW contour, all development must be accomplished in such a
manner as to not increase stonnwater runoff to the adjacent water body.
14. No portion of this project may block or impede access to 216 Styron's Creek Road.
* Note: The owners of 216 Styron's Creek Road request the following:
A. A guardrail to be constructed to provide a safety barrier between the road and marsh.
B. All utility lines to be installed prior to roadway.
C. Notification a minimum of two (2) weeks prior such that they are able to meet with the
contractor to do the. work, and such that they are allowed time to move entrance
pilings.

Re: Everette Jenkins
Subject: Re: Everette Jenkins
Date: Tue, 10 Jun 2003 09:19:11 -0400
From: "Meredith Jo Alcoke" <MALCOKE@mail jus.state.nc.us>
To: <[e-mail]>
Sorry I didn't get back to you sooner. The file was closed. The number for Jenkins on the Adjacent
Riparian Prop Owner statement is 336-584-2776.
>>> Tere Barrett <[e-mail]> 06/10/03 08:27AM >>>
Hey MJ. If you have any numbers for Mr. Everette, I would greatly
appreciate them. I can find no phone numbers anywhere, as he has always
called me. I promised that prior to writing the permit for Fulcher, I
would contact him. I really need to write this permit, as the Final
Order was written on May 07. Thanks. Tere
1 of 1 6/17/03 9:40 AM

Fulcher Variance
Subject: Fulcher Variance
Date: Tue, 29 Apr 2003 11:43:24 -0400
From: "Meredith Jo Alcoke" <MALCOKE@mail jus.state.nc.us>
To: <[e-mail]>
CC: <[e-mail]>
Tere-- Jill will have to the Order granting John Fulch&s variance. When the permit is issued pursuant
to that Order, please make sure that the standard notice is given to the Jenkins stating that the permit was
issued over their objections. They definitely want to appeal.
Thanks,
Merrie Jo
1 of 1 6/17/03 9:43 AM

Re: fulcher
Subject: Re: fulcher
Date: Thu, 29 May 2003 15:55:31 -0400
From: "Meredith Jo Alcoke" <[e-mail]>
To: <[e-mail]>
The deed from Fulcher to the Jenkins (11/30/2001) also specifically references the paved easement in
Schedule A which is attached. The Jenkins don't sign and agree to it, it's what they were conveyed. I'll
fax it.
>>> Tere Barrett <[e-mail]> 05/29/03 03:46PM >>>
MeriJo, I hate to be a pain about this, but this easement was between
John and Garland. Do we know that it was signed by the Jenkins, or are
we just to assume this because Garland sold it to Jenkins? T
Meredith Jo Alcoke wrote:
> I just faxed it. thanks for the photos from Otway! I'll talk to you
> soon about that.
> >>> Tere Barrett <[e-mail]> 05/29/03 02:55PM >>>
> Hey MeriJo. Could you possibly fax me a copy of the easement from the
> Fulcher file that shows that it is not only for vehicular access, but
> can be graveled or paved? I know we varied the buffer, but if the
> Jenkins don't want this structure, it is a little touchy for me to
> authorize development on their property, even with an easement. If I
> have something defining the intended use of the easement when Jenkins
> bought, it will make life easier. Thanks. T
1 of 1 6/17/03 9:47 AM

October 8, 2002 OCT 1 "2002
Subject: Response to John Fulcher `s proposed road construction petition
We, Everett and Vickie Jenkins, object to the building of any road on the water's edge
contained within the 10 ft easement if the road is to be used for vehicular traffic. If a non -
vehicular road is constructed, we request a barrier to prohibit vehicular traffic be placed at
the entrance of the proposed road and that the provisions for a vehicular road below be
implemented for the non vehicular road as well.
We object to the building of a road on the water's edge for the purpose of vehicular traffic
because of environmental factors, CAMA rules and regulations, probable septic system
damage, probable property damage, and safety. We feel that a road constructed on the
water's edge for the purpose of vehicular traffic:
• would pose a serious threat to the aquatic plant and animal life that thrive in Glover's
Creek. It would also pose a threat to the marsh land that will lie directly beside the road.
• would most certainly have to cross over our septic drainage lines and come within 25 ft.
of the septic tank itself. The rupturing of a septic drainage line and/or the tank itself is a
very real possibility if any vehicles are allowed to drive over or near them.
• would create serious flood potential, due to the raised nature of a road, for water
becoming trapped and causing flood damage to our home and property. As our property is
now, there is a natural slope towards the water and marsh that allows for proper drainage
during storm surges and heavy rains.
• would pose a safety and property damage threat for any large vehicles trying to
negotiate a road on the water's edge.
In the event permission is granted to build a road on the water's edge for vehicular traffic,
we ask that the following conditions be met:
1.) A suitable fence or retaining wall be built on the landward side of the proposed road
Jfor the purpose of confining the road material to the road bed. And that said fence or
retaining wall be properly maintained by Mr. Fulcher for as long as we are the property
owners.
J2.) That a guardrail be installed on the water side of the road for safety purposes.
J 3.) That a surveyor be hired, at Mr. Fulcher's expense, for the purpose of staking out the
road boundaries.

4.) That appropriate professional service(s) be hired, at Mr. Fulcher's expense, to design
the road to insure proper drainage should a storm surge or heavy rain fall and trap
water on our property. In addition, said service(s) will be used to insure the
structural integrity of the road, the bulkhead, the inward retaining wall, the guard rail,
and the safety of our septic system.
5.) That arrangements be made so that we may meet with any persons or companies
doing work on the road before they begin their work.
6.) That any damage incurred beyond the defined 10 ft. easement be repaired to our
satisfaction.
7.) That any damage incurred to the existing concrete driveway during construction or
\ while using the proposed road, be repaired to our satisfaction.
y 8.) That duringand/or after construction of proposed road, access to our roe will not
P p property
be impeded.
9.) That we be allowed sufficient time to move the driveway entrance pilings back to the
10 ft. line of the defined easement before construction.
10.) That we have no liability for maintaining, repairing, or improving the proposed road,
inward retaining wall, guardrail, or bulkhead.
11.) That yearly maintenance be performed on the road and guardrail to insure safety.
J12.) That we will not be held liable for any environmental damage due to the construction
or use of the proposed road.
J 13.) That all utilities be buried prior to the building of a road.
Res ectfully,
Everett nkins and Vickie Jenkins
Cc: Coastal Management Office

ENVIRONMENTAL Fax:[phone] May 29 103 16:03 P.02
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Prepared By;
Rodney G Fulcher
300 Campen Road, Unit D-2
Beaufort, NC 28516
No tide examination performed for the grantee
NORTH CAROLINA ) DEED OF CORRECTION
CARTEPX r COUNTY ) r�e� 7y�LZZ o>(�
o Oc�b0
THIS DEED, made this of ,&1 between &"7'
W. Fulcher and wife, Patsy P. Fulcher of 809 Granville Drive, Morehead City, Northo�W/
Carolina 28557, parties of the fast part, and Garland C. Fulcher and wife, Edna W.
of 216 Styrons Creels Road, Sea Level, North Carolina 28577, parties of the
part.
A vz1 1
That the parties of the first part, r=4cd to the parties of the second part a
deed dated May 27,1977, and recorded is Hook 399, Page 221, Carteret County
y; and whereas, by mutual mistake, said deed contained an error in the description
land herein intended to be conveyed, said description being as follows:
In Sea Level Township; Big at a concrete monument set in the breakwater
of the southeast line of the lands of John Wallace Fuicher, said point of begift
being located N 40-03 B, 277 fcet from a point marking the southeast corer of
the lands of Alva Braxton Taylor property and the southwest corner of the lands of
John Wallace Fukher where do same mtersect wU Core Sound and a ditch.
From said point of BEGINNING so identified running thence N 40-03 E and along
said breakwater and bWomer mark of Core Sound, 5o feet to a point; thence N
52-28 E and along said breakwater and hW water mark of Core Sound, 213.67
feet to a p M thence N 54-21 W awl along the highwater mark of Glovers Creek,
200 fact to a point in the southern margin ofa boat basin; theooe S 52-28 W and
along the South line of said boat basin; thetrce S 52-28 W and along the South line
of said boat basin approximately 200 feet to a concrete monunamt; tbene from said
concrete moumneng in a dal southeasterly demon approYanately 260 feet to
the poit and place of beglnrong.
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4
And whereas said parties of the 5rst part and second pare have mutually agreed
the description was not the correct one and that it should be corrected by a deed of
containing the correct description, and that said correct description is that
hereinafter set out;
Now, therefore, said parties of the first part, for the purpose of correcting said
r, and in consideration of the sum of One Dollar, to there in hand paid, have bargained
sold, and by these presents do bargain, self, and convey unto said parties of the second
their heirs and assigns, a certain tract or parcel of land lying and being in Sea Level
ownship, Carteret County, North Carolina, and more particularly described as follows:
In Sea Level Township; Beginning at a set iron rod that is S 42-55-34 E, 532.84
feet from a point, in which said point is S 60-27-50 E,1396.12 feet from the
centerline intersection of US W*hway 70 and Styron Creek Road (S. EL 1377),
thence, from said set iron rod, N 46-16 E,174.17 feet along the southern mar&
of a boat basin to a set iron rod, thence S 56-38-30 E, 280.6 feet to a set iron rod,
thence S 56-3 830 E. 63 feet to a point adjacent to the highwater mark and
breakwater of Core Sound, thence S 39-56-45 W. 209.31 feet along the
breakwater and highwater mark of Core Sound to a point, thence N 49-17W, 30
feet to a set iron rod, thence N 49-17 W, 267.95 feet along the eastern margin of
the lands of John W. Fulcher to the point or place of beginning.
Grantors reserves a 10 foot a meat along the northern and castern boundary of
the property for therns�ves, their heirs, assigns, and �� s. The 10 foot
easement having the following description: Beennmg at a set iron rod that is S
42-55-34 E, 532.84 feet from a point, in which said point is S 60-27-50 E.
1396.12 feet from the centerline intersection of US Highway 70 and Styron Creek
Road (SR 1377), thence N 46-16 E.174.17 feet along the southern margin of a
boat basin to a set iron rod, thence S 56-39-30 E, 100 feet to a point, thence S 33-
21-30 W, 10 feet, thence N 56-33-30 W, 92.03 feet to a point, thence S 46-16 W,
165.23 feet to the eastern margin of the lands of John W. Fulcher, thence N 49-17
W, 10.05 feet to the point or place of beginning. This easement is to be a
vehicular easement that gM he rocked or Paved.
There is also coned herewith a pe ual eas,=W and remit of way f� or inffess
and egress to the said Garland C. Fulcher and wife, Edna W. Fulcher, their heirs,
sucessors, ands, over and upon that cla road tannin r-11 the
northern boundary litre of the aforesaid described tract across in a generally
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NORTH CAROLINA
CARTERET COUNTY
Notary Public, do certify that Joha W. Fulcher and
Patsy P.1~ulcher, personally appeared before me this day and adrnowledged the due
execution of the foregouig instrument.
Witness my hand and notarial seal diqXe&y of OAober, 2001.
`• Notary blic
1My commission expires: L - )gr - T46�,
TK CAROX.XNA
TERET COUNTY
The foregoing certificate of a Notary Public of
Carteret County, North Carolina, is certified to be correct.
This instrument was filed for recording in this office and recorded on the
day of , 2001, at oVock m., in Book - , page
Melanie Author
Register of Deeds
By
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northerly direction across the lands of John Wallace Fulcher until the same
intersects with North Carolina State Road # 1377.
The above described description based upon survey dated February 15, 2001
entitled " Garland C. Fulcher and Edna W. Fulchee to vihich reference is hereby
made for a more accurate location and description thereof. The description made
by Larry C. Pittman, R. L. S.
TO HAVE AND TO BOLD the aforesaid tract or parcel of land and all privileges
appurtenances thereunto belonging unto the parties of the second part, their heirs and
to their only use and behoof forever.
AND THE PARTIES of the first part, for themselves, their heirs and assigns,
;rant with the parties of the second part, their heirs and assigns, that they are seized of
premises in fee and have the right to convey the same in fee simple; that the same are
and clear from all encumbrances, and that they will forever warrant and defend the
to the same against the claims of all persons whomsover.
IN TESTIMONY WBMEOF, the said paries of the first part has hereunto set
hands and seals, the day and year fast above written.
SO'd n:ST 20. 6Z 6pW 19Z9-9TZ-6T6:xp3 �UN3WNWIAN3

October 10, 2002 OCT 2002
SUBJECT: Proposed new construction of single-family home. 4
To Whom It May Concern:
Please let it be known that Everett and Vickie Jenkins, owning property at 216 Styron
Creek Rd., have serious concerns and object to the proposed new construction on the
adjacent property owned by John and Patsy Fulcher. We also object to the building of a
new road on the water's edge for the purpose of vehicular traffic.
We further ask that the Adjacent Riparian Property Owner Statement signed earlier by
Everett Jenkins giving permission to build a single family home on the adjacent property
be rescinded because all the facts were not given to us by the property owner. We were
led to believe by Mr. Fulcher that he was a victim of circumstances due to rules and
regulations (CAMA) being implemented, of which he had no control. He even went so far
as to explain how he couldn't have 2 houses and a trailer on the same tract of land and
that he would have to have his birthplace home torn down to accommodate the proposed
new home. I felt compassion for him and his plight that he laid before me, therefore I
signed the adjacent property statement. However, some months later, I learned the true
facts. Mr. Fulcher subdivided the land in question after the CAMA rules and regulations
went into effect. He was not a victim of circumstances and his birthplace home was not in
any danger because it was on an unrelated tract of land. He also revealed to me later that
he wants to use the proposed new home as rental property. Again, had I known this, I
would not have signed the statement. I can honestly and wholeheartedly say that had Mr.
Fulcher's story not been compromised by the facts, I would not ask that the Adjacent
Riparian Property Owner Statement signed earlier be rescinded.
Our concerns and objections are centered around environmental issues, water supply
issues, access issues, utility issues, septic issues and property damage issues. In
conjunction with building a rental home, there are concerns and objections to the
construction of a proposed road. Please find enclosed with this letter a statement of those
concerns and objections.
Respectfully,
• c%C C=�C� �t�Q/
Everett Jenkins and Victoria Jenkins

DIVISION OF COASTAL MANAGEMENT
NCDENR
NORM CARouNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TO:
OFFICE:
TELEPHONE #: j 1 FAX #: j 1
FROM: du y- LI
OFFICE: DIVISION OF COASTAL ?ViANAGEMENT
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DATE SENT: I linr&5
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DIVISION OF COASTAL MANAGEMENT
NCDENR
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ENVIRONMENT ANo NATURAL. RESOURCES
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151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TELEPHONE #: r 1 FAX #: r ]
FROM:
OFFICE: DIVISION OF COASTAL MANAGEMENT
RE:
DATE SENT:
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET:

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.NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Mr. John Fulcher October 10, 2002
809 Lord Granville Dr.
Morehead City, NC 28557
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT APPLICATION NO. 20-02C
Dear Mr. Fulcher:
After reviewing your application in conjunction with the development standards required by the Coastal Area
Management Act (CAMA), the Carteret County Land Use Plan and Local Ordinances, it is this office's determination
that no permit may be granted for development you have proposed adjacent to Glover's Creek and within the
Outstanding Resource Waters Coastal Shoreline of Core Sound, at the end of Styron's Creek Road in Sea Level,
Carteret County.
This decision is based on the Division's finding that your request violates NCGS 113A-120(8) which requires
that all applications be denied which are inconsistent with CAMA guidelines. You have applied to construct a roadway
to a lot currently undergoing subdivision review, and to construct a residence and septic field on the property. The
roadway, which is the only access to the property and integral to residential construction, is inconsistent with 15A
NCAC 07H 0209(d)(10) which states that: "Within the Coastal Shorelines category (estuarine and public trust
shoreline AEC's), new development shall be located a distance of 30 feet landward of the normal water level or
normal high water level..." If you can provide alternate access to the property that lies 30 feet or more from the
normal high water contour, the Division will reconsider authorization of the residence and amenities.
Should you wish to appeal my decision to the Coastal Resources Commission or request a Variance from that
commission, please contact me so I can provide you with the proper forms and any of the information you may
require. The Division of Coastal Management in Raleigh must receive appeal notices within twenty (20) days of your
receipt of this letter in order to be considered.
Sincerely,
��
T. Barrett
Coastal Management Representative
Cc: Charles Jones, DCM
Ted Tyndall, DCM
Larry Smith, DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Mr. John Fulcher October 4, 2002
809 Lord Granville Dr.
Morehead City, NC 28557
RE: INCOMPLETE CAMA MINOR PERMIT APPLICATION
Dear Mr. Fulcher:
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 tows.
The reasons for adjudging the application to be incomplete are as follows:
1) The application requests a roadway of which only the easement is shown.
2) The application requests a roadway, and shows a proposed house and septic area.
3) The application does not reflect the normal high water line, as is necessary for this review.
4) The proposed development does not show dimensions, nor is the plat to -scale.
5) No authorization was submitted entitling you to apply for and construct said road on property not
within your ownership.
As we discussed in my office on October 02, 2002, the information must be accurate and complete
before the Division is able to act upon your request. I have returned your application package to you,
and will process it upon receipt of the changes stated above.
In accordance with the Department of Environment 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 19 days, provided this period
is not extended as provided by law.
Sincerely,
T. Barrett
Coastal Management Representative
cc: Ted Tyndall, District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Mr. John Fulcher October 4, 2002
809 Lord Granville Dr.
Morehead City, NC 28557
RE: INCOMPLETE CAMA MINOR PERMIT APPLICATION
Dear Mr. Fulcher:
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 reasons for adjudging the application to be incomplete are as follows:
1) The application requests a roadway of which only the easement is shown.
2) The application requests a roadway, and shows a proposed house and septic area.
3) The application does not reflect the normal high water line, as is necessary for this review.
4) The proposed development does not show dimensions, nor is the plat to -scale.
5) No authorization was submitted entitling you to apply for and construct said road on property not
within your ownership.
As we discussed in my office on October 02, 2002, the information must be accurate and complete
before the Division is able to act upon your request. I have returned your application package to you,
and will process it upon receipt of the changes stated above.
In accordance with the Department of Environment 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 19 days, provided this period
is not extended as provided by law.
Sincerely,
T. Barrett
Coastal Management Representative
cc: Ted Tyndall, District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

go � �,
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M
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor . Donna D. Moffitt, Director William G. Ross Jr., Secretary
Carteret News Times
Legal Advertisement Section
P.O. Box 1679
Morehead City, NC 28557
Re: Public Notice - Mr. John W. Fulcher
Dear Sir:
September 26, 2002
Please publish the attached Notice in the Sunday, September 29, 2002, issue of the Carteret
News Times.
The State Office of Budget and Management requires an original Affidavit of Publication prior
to payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to Jaye Poole, NC Division of - Coastal
Management, 1638 Mail Service Center, Raleigh, NC 27699-1638, Telephone (919) 733-
2293.
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office [phone].
Sincerely,
T. Barrett
Coastal Management Representative
tjb
Enclosure
cc: Ted Tyndall, District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

NOTICE OF FILING
OF APPLICATION FOR
CAMA MINOR DEVELOPMENT PERMIT
Notice is hereby given that the Mr. John W. Fulcher has applied to the Department of
Environment and Natural Resources for a CAMA Minor Development permit. The applicant is
requesting to construct a roadway across the property of Everett Jenkins for access to a new lot
adjacent to Glover's Creek and Core Sound at the end of SR 1377 in Sea Level, NC.
Persons desiring to inspect the application, or to comment thereon, are directed to contact
T. Barrett, Coastal Management Representative, NC Division of Coastal Management, 151-B
Hwy. 24, Hestron Plaza II, Morehead City, NC, Telephone [phone], no later than October
19, 2002. Comments received prior to that date will be considered in making the permit decision.
Later comments will be accepted and 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 written request.
PLEASE PUBLISH ON: September 29, 2002

DIVISION OF COASTAL MANAGEMENT
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NCDENR
NORTH GROW" 00-* THEM OF
EWRONMEMT MID NAruRAL RLAUROES
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151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TO: � FT �IEiJ•s - Ti/sf�"S
OFFICE: / c6A4L Aliy --` 2 S LWu/ .S-e-7nOW
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FROM: I
OFFICE: DIVISION OF COASTAL MANAGFMENT
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DATE SENT: �-

P. 01
TRANSACTION REPORT
SEP-26-2002 THU 04:18 PM �c
DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP
SEP-26 04:17 PM 97266016 48" 3 SEND OK 593

JQHNW-F-UICHER SR NCDL 1116631
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PATSY FULCHER NCDL 2718059
809 LORD GRANVILLE DRIVE PH 252-222-3167 66-152/531 CC
MOREHEAD CITY, NC 28557 QZ� Date
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SEALEY61- TWA CARTFRET COUNTY, N. C.
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Location: :. r "ALL Environmental Health Division OCT 0 4 2002 7489
Carteret County Health Department
Beaufort, NC 28516 • [phone] CpAS7A'- ^viA:N t
' ORE -HE D PageLof
Improvement Permit.
* NO BUILDING PERMIT SHALL BE ISSUED UNTIL AUTHORIZATION TO CONSTRUCT IS ISSUED.
* No AUTHORIZATION TO CONSTRUCT SHALL BE ISSUED UNTIL MODIFICATION (IF REQUIRED) IS APPROVED.
G.S.130a-336
Improvement Permit
Subject to revocation if site plans or if
site is altered or intended use is changed.
Permit valid for .5 f-lee-Irr from date of issue
Improvements Pe it
Environmental Health Specialist
Date:1_3 < <" 2 M.E. Classification: t Cr
1:1-�ew Construction
❑ Repair
❑ Existing System

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13, 2002
CARTERET COUNTY HEALTH DEPARTMENT
Courthouse Square, Beaufort NC 28516 QCT 0 ` 2002
J.T. Garrett, Ed. D., M.P.H.COA_
-- -
FOR OFFICE USE ONLY
Date Paid:
Amount Paid:
Received BY:
Mr. John W. Fulcher SEP 2 L1 2002 ��
809 Lord Granville Drive
Morehead City NC 28557 coasTaL raatvAcEhlENT
y A40P,EHE.1D
Subject: Lot located on Styron's Creek Road, Sea Level (PIDN #7481.02.89.6792)
Dear Mr. Fulcher:
The site evaluation for the above -mentioned lot has been completed and your lot has been found
to be provisionally suitable with a low-pressure pipe (LPP) system and modification for an on -
site wastewater system to serve a three (3) bedroom single-family residence.
Please note that prior to installing the septic system and/or obtaining any building permit, you
must first obtain an Authorization for Wastewater System Construction Permit issued by this
office.
Once the low pressure pipe (LPP) plans have been submitted, reviewed & approved by this
office and the modifications have 'been inspected and approved by this office, the
Construction Authorization permit is available for pick up upon payment of the permit fee
which is $70.00. This fee may be paid at the Environmental Health Office or by mail.
If mailing the fee, please make the check payable to "Carteret County Health Department" and
mail to: Carteret County Environmental Health Division, Courthouse Square, Room 209,
Beaufort, NC 28516.
If you have any further questions, please feel free to contact this office at [phone].
Sincerely,
I
Robert L. McCabe, REHS
Environmental Health Specialist
Large Systems Program
Health Deparonent [phone] Health Director
Fax [phone] [phone]
Environmmtal Health [phone]
Fax [phone]

SITE MODIFICATION REQUIREMENTS
GRADING MODIFICATION ❑
House placement shall allow for gravity flow to septic system or
pump system shall be required
GRADE AREA:
COMMENTS:
SEPTIC TANK: / do If r d
PUMP TANK
DRAINFIELD• 3 ' Aher
LTAR: - L j C,11 �� Alp
Plans for the LPP system shall be prepared by a person having a
demonstrated knowledge of LPP's, such as an engineer licensed with
the State of North Carolina.
The system shall be designed according to Section 1900 of the State
Sewage Rules.
LPP plans shall be submitted to and approved by the Carteret County
Environmental Health Division. Other requirements such as fill
and/or grading may also be necessary.
A contract between the owner and a certified operator shall be
required for the purposes of maintenance and operation of the above
septic system.
COMMENTS:
L
� 1
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PAGE � OF �
/
DATE. ''
f�
DRAINAGE MODIFICATION
❑
COMMENTS:
FILL MODIFICATION �Y
AMOUNT OF SAND_.
TOPSOIL AFTER SYSTEM INSTALLED
FILL AREA 2 GI ' X 7 LJ r
STANDARD PROCEDURES:
1. Fill material shall be applied in three stages:
a. The fill area should be cleared of any vegetative cover or
organic litter and disked to a depth of six inches.
b. TWo to three inches of Group I Sand is placed in fill area and
disked or mixed in with the original soil to a depth of six inches.
c. When b6 is completed, the remainder of the Group I Sand can
be added to the specified area and then inspected by this office.
FILL MATERIAL SHALL NOT CONTAIN CONSTRUC17ON
DEBRIS, TRASH, ROCK CLAY BALLS, HARD PAN
MATERIAL OR ANY OTHER THAN SAND.
Z. Topsoil installation:
a. After the system is installed according to the IMPROVEMENT
PERMIT and inspected by this office, the topsoil can be installed
b. The topsoil will be Group H Sandy Loans or Loam. The topsoil
shall be limed and/or fertilized if necessary to promote vigorous
growth of grass.
c. The entire filled area shall be seeded with perennial grass seed.
*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.
*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.
WHEN THIS MODIFICATION HAS BEEN COMPLETED PLEASE NOTIFY THIS OFFICE AND ANOTHER INSPECTION WILL BE MADE. IF
IMPROVEMENTS ARE SATISFACTORY. AN AUTHORIZATION TO CONSTRUCT. CAN BE ISSUED.
(OFFICE USE FOR FIELD NOTES ONLY)
MODIFICATION INSPECTION BY:
ENVIRONMENTAL HEALTH SPECIALIST
DATE:
INSTALLER.
COMMENTS:

r ,41
STATEMENT OF OWNERSHIP OCT 0 4 2Q .2 1 r
�
I, the undersigned, an applicant for a CAMA minor development permit, being either;the;owner of;property in a
an AEC or a person authorized to act as an agent for purposes of applying for a,CAMA:mirior-development
permit, certify that the person listed as landowner on this application has a significant interest in the real
property described therein. This interest can be described as: (check one)
t,4h owner or record title, Title is vested in see Deed Book 93
page4(Ly in the 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
application.
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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.
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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 application,
the ownership statement, the AEC hazard notice where necessary, a check for $100.00 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 permit is subject to civil, criminal
and administrative action.
This the � day of f , 20 2,
L owner or -person authorized to act as his agent
for purposes of filing a CAMA permit application.

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
!abelroads
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
draw location of on -site wastewater system
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
✓pote 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 $100.00 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)