243-04_Rogers, Harry T._20040908 (2)

' nb/1b/:eUU4 UI:J3 2527286643
CARTERET CTY P I
PAGE 01
�L.to
Carteret County
Local Government
n�_
MINOR DEVELOPMENT
PERMIT
as authorized by the Slate of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section ii3A-118 of the
General Statues, "Coastal Area Management"
243-04
Permit Number
Issued to lames I Rogers. Acg nifor Harry T. Rogers, authorizing development In Estuarine Shoreline ORW at
134._Back _.Sound Lane, Harkers Island N.0 as requested in the permittee's application, dated Au ust 26,a
2004. This permit, Issued on September 8. 2004, 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.
Th& permit authorizes
(i) Construct it single family dwelling, repair concrete driveway and backfill seawall at 134 Back Sound Lane, Harkers
1siand, North Carolina within 575' of the NSW of Back Sound in the ORW area of environmental concern.
(2) The amount of impervious surface areas shsil not exceed 2S% of the lot area within the 575' area of environmental
concern (ORW). The impervious surface area is not to increase.
(3) A 30' buffer zone must be placed between all impervious areas and surface waters (wetlands and normal high water).
(4) _ All proposed -development and _associated construction must -be done in -accordance -with the permitted -work -plat
drawings(s) dated received August 26, 2004.
(5) All construction mutt conform to the N.C. Building Code requirements and all other local, State and Federal
regulations, applicable local ordinances and Zr ENdA Flood Regulations.
(6) Any change or changes In the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(7) Pursuant to 15 N.C.A.C, Subchapter 7J.0406(B), this permit may not be assietted, transferred, sold, or otherwise
disposed of to a third party. ..
This permit action may W 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 permit must
cease until the appeal is resolved.
This perrnit must be on the project site and accessible to the permit
officer when the project Is inspected for compliance.
Any maintenance work or project modhIcation not Covered under
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
2007
In issuing this permit it is agreed�ihat 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.
r
Local Permit Afl'icial (sivature)
J. ! _aNeai
CAMA Local Permit Official
%- eq �
Date
P Itl (signature required if conditi ns above apply to permit)

Copy CARTERET COUNTY
Katrina F. Marshall, AICP
Director
September 13, 2004
DEPARTMENT OF
PLANNING & DEVELOPMENT
Main Office:
Courthouse Square
Beaufort, NC 28516-1898
Tel: [phone]
[phone]
Fax: [phone]
Mr. Jack E. Jordan
1122 Hickory Drive
Hillsborough, North Carolina 27278
Dear Mr. Jordan:
Western Office:
701 Cedar Point Blvd.
Cedar Point, NC 28584-8013
Tel: [phone]
Fax: [phone]
E
7711
0 7004
iviorehead QtY DCM
This correspondence is in reference to your August 27, 2004 objection letter to the
residential project proposal at 134 Back Sound Lane on Back Sound near Harkers Island,
Carteret County; North Carolina. The applicant, James T. Rogers, agent for Harry T.
Rogers proposed to backfill seawall, landscaping, construct a single family dwelling and
repair driveway.
It appears that your objection is related to.the encroachment of your access. Based on
information submitted to this office, application, site plan and tax information, was
sufficient evidence for the Carteret County Planning Department to render a final agency
decision on the proposal. -Thus,-the-Carteret County Planning Department reviewed the
application along with the pertinent rules of the Coastal Resources Commission in
conjunction with your objection and determined that the project is consistent with the
Commission's rules. Therefore, the Carteret County Planning Department issued Minor
CAMA permit number 243-04 to James T. Rogers, agent for Harry T. Rogers on
September 8, 2004 authorizing the backfill of the seawall, landscaping, construct a single
family residence and repair driveway.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request
with the Director of the Division of Coastal Management, Mr. Charles S. Jones,
Department of Environment and Natural Resources within 20 days of the permit decision.
A copy must also be sent to the Attorney General's Office, Environmental Division. If
you wish to appeal, please contact our office and we will forward you the pertinent
forms. Should you have any questions, please call 252-728-8497.
Sincerely,
D, ©`vLQ a,-,
J. D. O'Neal
CAMA Local Permit Officer
kLw

Mr. Jack E. Jordan
Page 2
September 13, 2004
cc: Field Representative
Division of Coastal Management
cc: Tere Barrett
Division of Coastal Management
/C. Ted Tyndall
Division of Coastal Management

08/30/2004 01:53 2527286643 CARTERET CTY P I PAGE 02
Locality �lU b d � NYi �J� 7d 44 Permiti Number
..��.
el Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline ' L : Other
.q (For official use only)
I GENERAL INFORMMON
LAND OWNER
Name_ P, A tr T
Address - 04-Z4- SP4e-f-oeJ AbA40
City ,Ejy 4 _ State NC— Zip 27 O Phone [phone] /:
AUTHORIZED AGENT
r
Zip.153g Phone ��q•�/��Q-0J��
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of
the adjacent waterbody?) 9t4 Y) _ ou1JV LiA?36
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance--)
SI7.E OF-LOT/PARCEL: _ f 0 square feet � 3 � acres
/
PROPOSED USE: Residential (Single-family ___r_ Multi -family ) Commerical/Industrial
Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF ENVI-
RONMENTAL CONCERN (AEC): _. 1 Z b0 sgmve feet (includes all floors and roof -covered decks)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN
THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): IZ40 sq. ft.
(Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios
ctc. that are -within the applicable AEC. Attach your calculations with the project drawing.)
Choose the AEC area that applies to your property:
(1 within 75 feet of Normal High Water for the Estuarine Shoreline AEC
& within 575 .feet of Normal High Water for the Estuarine Shorchne, AEC, adjacent to Outstanding
Resource Warcrs
(3) within 30 feet of th.e Public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your property,)
STATE STORMWATER MANAGEMENT PERMIT,. Is the project located in an area subject to a
State Scormwater Management Permit issued by the N.C. Division of Water Quality?
YES NO_.
If yes, list the total built -upon arca/impmious surface allowed for your lot or parcel. square feet.

.08/30/2004 01:53 2527286643
CARTERET CTY P I
PAGE 03
OTHER PEPMTS MAYBE REQUWDr The activity you are planning may require pcmilts other than the LAMA minor
development permit. Asa service we have compiled a lisr of the kinds o!' permits due might be required. We suggest you check over the list
wide your LPO to determine if arty of these apply to wur project: Zoning, Drinking Water Well, Scptic7'ank (or other sanitary waste
treatment system), Building, Electrical, plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification,
Sand Dune, Sediment Control, Subdivision Approval, .Mobile Home ParkApproval, Highway, Connection, and others.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
descri as: (check one)
Q
an owner or record title. Title is vested insee Deed Book �6D
pagea� in the ' SEA t-T , 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 contract or lease, cxplain below or use a separate sheet and attach to this application.
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.
(1�
(2)
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is awue 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 associ-
ated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing tech.
niques.
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 aforementioncd 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 $ I00.00 made payable to the locality, and any infor-
mation as may be provided orally by the applicant. The details of the application as described by these sources arc 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 day of %,'�Lr-�! , 20
Landowner or person authorized to act agent for purpose of filing a CAMA permit application.

08/30/2004 01:53 2527286643 CARTERET CTY P I PAGE 04
ADJACENT RIPARIAN PROPRRTT OVYMR STATFNMNI'
I hereby certify that I own property adjacent to 2 0
's
(Name of Property Owner)
PrcPertY located at
r 'R (Lot, Block, Road, etc.)
(Waterbody) (x'Own and/or County) , N.C.
Re has'dexxibed to me as shown bclow, the development he is proposing at that location
and, I have no objections to his propoml.
�h •
DESCRIMON AND,( DRAWING OF PROPOSED DAL
(To be filled in by indivfdu� OPM INT
proposfng development)
344
Signature
Print or Type Name
Telephone Number
Date:

ADJACENT RIPARIAN PROPERTY OWNER'S STATEMENT
IN RE: Permit of Harry T. Rogers
Property located at the end of Back Sound Lane
On Back Sound, Harkers Island
Please be advised that Jim Rogers, brother and agent for Harry T. Rogers, handed to me
Adjacent RiparianProperty Owner's Statement on 26 August 2004 and asked me to sign same.
have advised Jim Rogers, brother and agent for Harry T. Rogers, that the construction of a 40
foot house concerned me as it may encroach into my access. I have studied my survey and his
proposal and find that should a 40 foot house be constricted as shown on the plans of Harry T.
Rogers, that it would in fact encroach upon my access. Jim Rogers advised me that he didn't
need my signature and that he had his permit anyway.
I respectfully request that you not issue any permit to Harry T. Rogers that would allow him to
encroach onto my property or close my easement. I have attached a copy of my deed and a copy
of the survey of my property that was prepared by James L. Powell, RLS.
The proper thing for Mr. Rogers to do is to have his property located by a survey and situate his
house on the property so.that it does not encroach over onto my property or block Back Sound
Lane.
Respectfully submitted this 7 day of August, 2004.
G.
J ck E.Jordan
j, j ,i ;.... .r . . .. �.... ham✓ . -T. �_ ._.' �+ �.�,�

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to (A(2g-
(Name of Property Owner)
property located at fir.[( 6r- LA-'�
(Lot, Block, Road, etc.)
on A�IC, nM , in 2Vi LS LA�•r(�
(Waterbody). , N. C.
(Town and/or County)
t He has'described to me as shown below, the development he is proposing at that location,
and, I have no objections to his proposal.
DESCRIPTION ANDAR DRAWING OF PROPOSED DEVELOPMENT
c (To be filled in by individaal proposing development)
St
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Signature
Piint or Type Name
Telephone Number
Date:

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SURVEY FOR
mac Jc>2 oAr\I —
HARKER'S ISLAND TOWNSHIP
CARTERET COUNTY, N. C.
MAq .,4- ra. Zook- SCALE I" =60'
SURVEYED BY
POWELL SURVEYING P. A.
p. 0. BOX 616, BEAUFORT, N. C. 28516
415 LIVEOAK STREET
[phone] FAX [phone]

EXHIBIT "A"
BEGINNING at an existing iron pipe located in a ditch, said point being further
identified as being located the following three courses and distances from the
centerline intersection of State Road 1135 and State Road 1408 if same were
extended: S 12-01-50 E 38.79 feet to an existing iron pipe; thence S 4-14-00 W 279.75
to an existing iron pipe; thence S 46-50-19 W 218.44 to the POINT AND PLACE OF
BEGINNING; running thence from said point of beginning, along the centerline of a.
ditch S 30-56-50 W 102.46 feet to a set
iron pipe located in the line of an old bulkhead in the highwater mark of Back
Sound; running thence with the highwater mark of Back Sound and with the line of
an old bulkhead N 56 36-10 W 50.01 feet to a set iron pipe; running thence N 30-57-
00 E 102.3 feet to a set iron pipe located in the eastern right-of-way of Back Sound
Lane; running thence along the centerline of a ditch S 56-47-07 E 50.00 feet to the
POINT AND PLACE OF BEGINNING.
Being 0.12 acres as shown on that survey entitled "Survey for Jack Jordan dated
May 4, 2004 prepared by Powell Surveying, PA which map is incorporated herein
by reference.
Included in this conveyance is an easement for ingress, egress and regress leading
from the State Road along Back Sound Lane to the above described tract; said road
having been used for a number of years as access to Back Sound Lane by the
general public.

IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate
nw,e by its duly allthtrized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written.
By:
President
Secretary
ATTEST:
to
Ise
ZEAL;-S�iCIP �
(SEAL)
Alton P. Best
(SEAL)
Glenda H. Best
(SEAL)
(SEAL)
SiORTH CAROLINA, Carteret County.
Irthe undersigned, a Notary Public of the County and State aforesaid, certify that Alton P. Best and wife, Glenda LI. Best,
'Cantor, personally appear efore me this day and ac wledged execution of the foregoing instrument. Witness my hand and
'o�Tficial stamp or seal, this IT day of May, 2004.
My Notary Public commission expires:_ _ � - �-fly ..�.C�..
6bbbe• NORTH CAROLINA, Carteret County.
I, the undersigned, a Notary Public of the County and State aforesaid, certify that , Grantor, personally
SEAL -STAMP appeared before me this day and acknowledged execution of the foregoing instrument. Witness my hand and official stamp or seal,
this day of May, 2004.
My commission expires: NotaryPublic
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof.
REGISTER OF DEEDS FOR
COUNTY
By Deputy/Assistant-Register of Deeds.

Tax ,Lot.No. Parcel Identifier No. 7335.18.42.7081
Verified by County on the day of
by
Mail after recording to WHEATLY,'WHEATLY, NOBLES, WEEKS, VALENTINE & LUPTON, P.A.
This instrument was prepared by Claud R. Wheatl , III
Brief Description for the index 139 Back Sound Lane
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made May 19, 2004 between
GRANTOR
Alton P. Best and wife, Glenda H. Best
Jack E. Jordan
1122 Hickory Dirve
Hillsborough, NC 27278
GRANTEE
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. .
20
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and
by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the
Harkers Island Township, Carteret County, North Carolina and more particularly described as follows:.
SEE ATTACHED EXHIBIT "A"
The property hereinabove described was acquired by Grantor by instrument recorded in Book 787, Page 695.
A map showing the above described property is recorded in Book , Page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto 1 elonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple and has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
i
Any rights of way, easements, conditions or restrictions of record.
Ad valorem taxes for the year 2004.
1001 1 P �3
N. C. Bar Assoc. From No. 3 ® 1977 E^--�-Z.....�
Printed by Agreement witi the N.C. Bar Assoc.

CARTERET COUNTY
16744 05/19/2004
$88.00
STATE Of 'rw ,
pTH � Real Estate
N OUNA ±a Excise Tax
G""� m
Excise Tax $U.00
Melanie Ar�A'RTERET COUNTY 3P
JL Date 05/19/2004 Time 16:09:00
GR 1055436 Page 1 of 3
NORTH CAROLINA, CARTERET COUNTY
The foregoing cortificate(s) of Notary Public(s) islare
certified to be corroct. Ttrs inatrtrmer t and this conifi-
cate are duly registered at the data and Ume and in
the Book and Pact shown on t'>Z first page hereof.
r of Dtaeds
,Y
FAOI�Deputy. Register of Deeds
Recording Time, Book and Page
Tax Lot No. Parcel Identifier No. 7335.18.42.7081
Verified by County on the day of , 20
by
Mail after recording to WHEATLY,'WHEATLY, NOBLES, WEEKS, VALENTINE & LUPTON, P.A.
This instrument was prepared by Claud R. Wheatl , III
Brief Description for the index 139 Back Sound Lane
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made May 19, 2004 between
GRANTOR GRANTEE
Alton P. Best and wife, Glenda H. Best
Jack E. Jordan
1122 Hickory Dirve
Hillsborough, NC 27278
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and
by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the
Harkers Island Township, Carteret County, North Carolina and more particularly described as follows:
SEE ATTACHED EXHIBIT "A"
The property hereinabove described was acquired by Grantor by instrument recorded in Book 787, Page 695.
A map showing the above described property is recorded in Book , Page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto Belonging to the Grantee in fee
simple.

08/30/2004 01:53 2527286643 CARTERET CTY P I PAGE 01
%AWAJn I AKAUK1NG SHEET a�•D� �."`"
Applicants Name:
Property Address:
c
Dates of Site Visits:
Exemption: Permit: ✓ Number: • U
Application to be returned for the following reasons:
Date Returned:
Application considered accurate and complete for processing?--� Date. -- C �. 6
The following. site -specific observations have been made:
'The following conditions to be included on e permit (in addition to standard
. the conditions):
Date: Q , d Y.
Dates of follow-up visits:
Final Inspection Date:
Project determined to be In compliance with permit
Project determined to be out of compliance With permit
fiction taken to bring project into compliance with CAMA:
.FQ' Date:

11 tP
COPY CARTERET
COUNTY
DEPARTMENT OF
Katrina F. Marshall, AICP
Director
September 13, 2004
PLANNING & DEVELOPMENT
Main Office:
Courthouse Square
Beaufort, NC 28516-1898
Tel: [phone]
[phone]
Fax: [phone]
Mr. Jack E. Jordan
1122 Hickory Drive
Hillsborough, North Carolina 27278
Dear Mr. Jordan:
Western Office:
701 Cedar Point Blvd.
Cedar Point, NC 28584-8013
Tel: [phone]
Fax: [phone]
SEP 2 0 2004
��ehead City DW
This correspondence is in reference to your August 27, 2004 objection letter to the
residential project proposal at 134 Back Sound Lane on Back Sound near Harkers Island,
Carteret County, North Carolina. The applicant, James T. Rogers, agent for Harry T.
Rogers proposed to backfill seawall, landscaping, construct a single family dwelling and
repair driveway.
It appears that your objection is related to the encroachment of your access. Based on
information submitted to this office, application, site plan and tax information, was
sufficient evidence for the Carteret County Planning Department to render a final agency
decision on the proposal. Thus, the Carteret County Planning Department reviewed the
application along with the pertinent rules of the Coastal Resources Commission in
conjunction with your objection and determined that the project is consistent with the
Commission's rules. Therefore, the Carteret County Planning Department issued Minor
CAMA permit number 243-04 to James T. Rogers, agent for Harry T. Rogers on
September 8, 2004 authorizing the backfill of the seawall, landscaping, construct a single
family residence and repair driveway.
If you wish to appeal this permit decision, you must file a Third Party Hearing Request
with the Director of the Division of Coastal Management, Mr. Charles S. Jones,
Department of Environment and Natural Resources within 20 days of the permit decision.
A copy must also be sent to the Attorney General's Office, Environmental Division. If
you wish to appeal, please contact our office and we will forward you the pertinent
forms. Should you have any questions, please call 252-728-8497.
Sincerely,
JJ.D. O'Neal
CAMA Local Permit Officer

Mr. Jack E. Jordan
Page 2
September 13, 2004
,�Field Representative
Division of Coastal Management
cc: Tere Barrett
Division of Coastal Management
cc: Ted Tyndall
Division of Coastal Management

-Ak4(vA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
October 12, 2004
Mr. James T. Rogers
4125 Cary Oaks Dr.
Apex, NC 27539
Re: Reinstatement of CAMA Minor Permit # 243-04
Dear Mr. Rogers:
You were informed, by certified mail, that the Chairman of the Coastal Resources Commission, Eugene
Tomlinson, received a request for an administrative hearing to challenge CAMA Minor Permit #243-04.
The request was filed on behalf of petitioner Jack E. Jordan. Your CAMA Permit was automatically
suspended upon receipt of this hearing request and you were instructed not to undertake any
development under this permit until further notice.
Please be advised that Chairman Eugene Tomlinson has DENIED this third party hearing requests. At
this time, CAMA Minor Permit #243-04, issued to James T. Rogers, agent for Harry T. Rogers on
September 8, 2004 is reinstated, and you may now undertake development on this property pursuant to
the permit.
Please contact me at 252-808-2808 if you have any further questions.
Sincerely,
Charles S. Jones
Director
cc: Ted Tyndall
Tere Barrett
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet http:/Mm.nocoastalmanagement.net
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