63222D - Hamilton

l..Vt1171LfL LlAL` illlll'%V, LLI.
2075 Hwy 172
P.O. Box 295
qppw Sneads Ferry, NC 28460
910-327-8831
PAY TO THE �/
ORDER OF
avj'Q�
BRANCH BANKING AND TRUST COMPANY
1-800-BANK BST BBT.com
66-112/531
Sw, 00
DOLLARS
MEMO
y
AUTHORIZED 81 T�7fi
000 3 3 2 ?u■ i:0 5 3 LO L L 2 0:000 5 L06 L 3 28 38ul

Division of Coastal Mgt. }habitat impact Computer Sheet
Iicont: ��y �GV-A) Permit #: z2Z --D
tribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
id in your Habitat code sheet.
itat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
to impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/o
temp impact
amount
0164)
Dredge Fill Both ❑ Other
❑ ❑
/m
/ WI
x
Dredge ❑ Fill Both ❑ Other ❑Ar
Q
Dredg Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date
3 tol/ly
Name of Property Owner Applying for Permit:
11)1111e� Jr
Mailing Address:
)151 /V 0- A,, JJ6 2,93 3 y
1 certify that I have authorized (agent) � �/°/� to act -on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) L"C%, q�^������
at (my property located at) 3 t e' Sv-
This certification is valid thru (date)
Property Owner Signature Date

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERT
Y OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: ��5f, jr
Address of Property: _��� 074 141`1e S(s rr1r9 i �fdw
(Lot or Street #, Street or Road, City & County)
Go .1a32-
Applicant phone #: /� ��l/0 � �! �% Mailing Address: 1 Xk fG✓�,
/U- 23733 y
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at www.nccoastalmangement.net/contact dcm.htm or by calling 1-888-4RCOAST. No
response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to
waive the setback, you must initial the appropriate blank below.)
tz- I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Print or Type Name
_(Riparian Property Owner Information)
Signature �J
Print or Type Name
l D '� c , , v,,Q
Mailing Address
Mailing Address

��t
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: �J�s�>, (�rHariA
Address of Property: l 7 L YZJI('11 Le y Ak
(Lot or Street #, Street or Road, City & County)
,I
Applicant phone #: Wd "yit/
Mailing Address: / `1 D-
A A/ )133 V
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
1 have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at www.nccoastalmangement.net/contact dcm.htm or by calling 1-888-4RCOAST. No
response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to
waive the setback, you must initial the appropriate blank below.)
C,VZ Cb I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Print or Type Name
Mailing Address
(Riparian Property Owner Information)
Signature
C- R % e {#»ram Ids-TgRH E L--A) 1
Print or Type Name
13 0 CZ-&-Z S L. , L,R
Mailing Address

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Jason
is Jonathan Yopp [[e-mail]]
Wednesday, March 12, 2014 11:12 PM
Dail, Jason
ect: Lot 136 Crab Shell Lane
136 Crab Shell Lane - Clay Hamilton's dredge spoils will be hauled to our property at 1802 Hen
Sneads Ferry.
nk You,
athan

/ oA�e •ltu °
6 3
T :Ir Perm -46—
Iv
PAInue -. Partial Pwiisut Dam prea� permit issued
b wised by the Sete of North Caroline, DepwM mt of Environniem and Nature Kaeourm
and tM CowW Resources Commission in an armal onvM onmw%W toner, piersuaris to 1 SA NCAC }' AQ
roject Location: Coumy_
f,
Street Addr*W State RoaWLot *(s)
E,7
CW *AW �aCTA i C9rTsi Phone ilf "e�`�" p.,u W. _
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P" ! /C:
IltW: y" / PNA r/ no Crk.Heb, yes fig, Closest M . Mr, Body
roe of Prof ct/ pxtmty
Pier (dock)
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tldrr rkt�C�a
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W: y4w
Om Sure Yes 4
MornwwmVOL y"
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A building permit may be required by:
Notes/ Special Con dittr'om t4b
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Date: November 22, 2014
To: Mr. and Mrs Hamilton
2238 NC 82
Dunn, NC 28334
From: Richard Osterheldt
130 Crabshell Ln_
Sneads Ferry, NC 28460
Re: Property encroachment at 136 Crabshell Lane
We are hereby notifying you that the most recently installed boat lift and bulkhead was not installed per
our agreement (Exhibit 2 and 2a) and that it encroaches on my side of the property line at 130 Crabshell
Lane. Our agreement allowed you to construct a boatlift and headwall within 15' of our property not on
my side of it. If the installation had followed our agreement the boat lift would not have been built on
my side of the property line. Since you did not follow our agreement we hereby notify you that we are
requiring that the construction be removed and installed per our agreement.
Sincerely,
C. Richard Osterheldt
Attachments
Exhibit 1
Exhibit 2
Exhibit 2a

Exhibit 1
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was not built per our o epQT Z "� ��- - -
ement agreement mZ `Cl� p S743 S:ry b _
achment 2 and 2a M z,. 02" o� OBOE How �`
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139 CRASSHELL LANE
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Exhibit 2
FIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL "ANAGEMENT
ADJACEI IT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner_
art J r
Address of Property: 1 ( �,rll VA
'J
(Lot or Street #, Street or Road, City & County)
ant ehone #- 0.4
I 1112'lingAddress: J.) l:11w�?
I hereby certify that I own property adjacent to the above referenced Pro
applying for this permit has described to me as shown on the p Perty. The individual
they are proposing_ AAattached d_ rawing_the development
/ - ;rs be E61 id eci ur+t�±-t_ is fe#ter-
�/ I have no objections to this proposal. I have objections to this proposal -
If you have objections to what is being proposed, you must notify the Division of Coastal
(DCM) in writing within 90 days of receipt of this noSce. Contact inform R Management
available at www.nccoastalmangemenf.net/contact_dcm.hbn or by callingoT 888-4R('OAST. No
offices is
response is considered the same as no o6 action if ou have been no trfied by Certifiled Mail.
I Ltd *Tat a pier. dock, WAIVER SECTION
mooring minimum distance or
waive the setback, yo15g breakwater, boathouse, or lift must be set back a
`'3r7 my a -ea cf riparian access t - t�Wall
s ail-.d by Tie. (if ycu ,.rsh to
u !!st al the appropriate blank below.)
-C!:=� I do wish to waive the 15' setback requirement -
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Print or Type Name
(Riparian Property Owner Information)
Signature
Print or Type Name
Mailing Address
30
Mailing Address

., r' ..s �. ay17, �✓�j N 1','" 14 ,cam
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Waterfront Lot
reply t l Posted: 25 days ago
S85000 Waterfront Lot (Sneads Ferry)
t
Page 1 ofl
0 aaigslist - Map data
136 Crabshell Lane
OBR apartment available now
xy;
Beautiful waterfront lot for sale off of Bumps Creek in Sneads Ferry. N.C. Within the past few months we have replaced the seawall and installed a boat
lift. Older single wide mobile home remains on the lot in need of repairs or can be removed. The lot is minutes from new river inlet by boat and a short
drive to Topsail Island Beaches. Very reasonable at $85.000 for Waterfront.
For more information call
• do NOT contact me with unsolicited services or offers
post id: 4762664184 posted: 25 days ago t I
Please flag
DO NOT wire funds (e.g. Western Union), or buy/rent sight unseen

slow County, North Carolina Spatial Data Explorer
' NoM Carolina
Click on the Map to:
Zoomin ZWmOUt Recenter Map Identify: Parcel Map
Zoom Factor. 2X Radius Search (feet) U
- — !-W
Wa _ _ 9273
'"N6939271
- S BIBS
t
P 8192
e
i' y
9012
Parcel Data
Find Adjoining parcels
• Abstract Tax Value: $30,308.00
Tax Parcel ID: 778E-50 • Current Tax Value: $30,308.00
NC PIN Number. 428916938271 • Land Value: $20,664.00
Tax Record Number. 23213 • Structure Value: $9,644.00
Owner's Name. OSTERHELDT CARTER F & CHARLES • nth— R„ar ;---
This map is prepi
inventory of real I
within this jurisdic
compiled from rep
plats, and other F
and data. Users c
hereby notified th

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4
K . rw � 0 P� 6 3 T"'S DOCUMENT PRESS
TO TAX OFFICE
DATE /a/IA
19,916
CRAWFORD COLLINS y�
1;0S GEC 13 F 3: i0
LotNo........................................................................................... Parcel Identifier No...........................................................................
fled by........................................................................ County on the day of ....... 19............
after recording to ....Mr,.,.•and..Mrs,,,.,Char,l s,.Ost.eiheldt..a..t...... i3.0... Crabs.hel1..Ln...Sneada..Perry ...........
......
:or.th-C.aral.ina-2.8460.............................................................................................................................................................................
instrument was prepared by .......... Rob.inson...Pope..d..Pop.e.......................................................................................................
I description for the Index
3 tracts Stump Sound Tw .
NORTH CAROLINA GENERAL WARRANTY DEED
> DEED made this ....yam... day of .......NovembeT....
....... .I.... ....... I ... , 19 ..96. , by and between
GRANTOR
ILDRED C. RUSSELL, widow (Life Tenant)
ad
ILDRED ALINE RUSSELL JEWELL (Remainderman)
ad husband,
)NALD L. JEWELL
GRANTEE
CARTER F. OSTERHELDT
and husband,
CHARLES R. OSTERHELDT
130 Crabshell Lane,
Sneads Ferry, NC 28460
In appropriate block for each parr: name, address, and, If appropriate. character of entity, e.q. corporation or partnership,

F4
wK 1340pw 636
roperty hersinabove described was acquired by Grantor by instrument recorded in..............................................................
ok 416 a., Page 547 .....
? showing the above described property is recorded in Plat Book .................................... Paso .........................
AVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
rantee in fee simple.
he Grantor covenants with the Grantee, that Grantor is seised of the premises in fee simple, has the right to convey
,me in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
J the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
to the property hereinabove described is subject to the following exceptions:
WITNESS WHEREOF. the Grantor has hereunto set his hand and seat, or if corporate, hu caused this lnotrumout to he nod In Ra
Lie name by its duly authorised officers and its seal to he hereunto affixed by authority of Its Board of Directors, the day and year fled
written.
/��"
_ ---------------- (ORAL)
(Corporate Name) 7 Mildred C. Russell
--------------------------------------------------------- c
M" dye In� Jew:.117-tcwL)
---------------------- President •� .�/!
oer
IT. U r
--------------------------------------------------------- x Donald L. Jewell
----------------------Secretary (Corporate Seal) M
J-------------------------------------------------------------(BEAU
.• R08 ••.
AMr••!�s•• NORTH CAROLINA- _-_ QR419Y----------------------County.
�•'• ' 0•• Mildred C. Russell
• •? � I, a Notary Public at the County and State aforesaid, certify that _ ------
PT!Ti%RY i ------- Granter,

�Paas.l of
y
3Doc
itNINNNiBIUIN�INIIIIIIIVUIUIIIIIWINIIINIIiNgU�I�INII
ID:
Recorded: 02 00
%2014 atT10 18:47 AM
Fee Amt: $148.00 Pape 1 of 3
Revenue Tax: $120.00
Onslou Count, NC
Rebecca L. Pollard Rep. of Deeds
BK4109 P(1562-564
This deed presented to
The Ons o C Offic
D.&29 erW
EXCISE fAX PAID $
TYPE OF DOCUMENT:
GRANTOR:
FA�!t) G S 2)Tc? i+� k U Ask
C'1?+4t-
A A fL=
/Vl�Pc1�5 2 NO- ZA4-E n
GRANTEE:
lnl ¢S L t�Y Q +� 7n i 1�►hut l r� r S e
9�tf' CA-In5Trc- LA�tIN t'1-N4ILMy\j
2Z38NC_Rl but'gm NC, ZF�3�4
RECORD & XETURN TO:
Dan Rizzo Attomey At Law
P.O. BOX 2676
SURF CITY, NC 28"5

Page 3 of 3
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
(SEAL)
(Entity Name) Print/Type Name:
By: Francis Stephen Klimek
(SEAL)
Print/Type Name & Title: Print/Type Name:
By: (SEAL)
Print/Type Name & Title: Print/Type Name:
Print/Type Name &
(SEAL)
Print/Type Name:
State of North Carolina - County or City of Onslow
I, the undersigned Notary Public of the County or City of Onslow and-4ate aforesaid, certify that
acknowledged the due execution of the foregoing instrument for the purpe
seal this 31 st day of January , 20 14. HU„�piltltttlttp���
My Commission Expires: (5 zq a NOTARY
(Affix Seal)
PUBLIC
State of - County or City', tP--
I, the undersigned Notary Public of the County'ff %,P , g
appeared before me thand
my hand an4 Notari s or
Printed or Tv6ed Name
and State aforesaid, certify that
"'Irrint-111I personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or
seal this day of 20_.
My Commission Expires:
(Affix Seal)
Notary's Printed or Typed Name
State of County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
of
Public
personally came before me this day and acknowledged that _he is the
a North Carolina
corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority
duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness
my hand and Notarial stamp or seal, this day of 20_.
My Commission Expires:
(Affix Seal)
Notary's Printed or Typed Name
Public
Page 2 of 2
NC Bar Association Form No. 3 ® 1976, Revised ® 1977, 2002, 2013 Ms standard form has been approved by:
Printed by Agreesnent with the NC Bar Association — 1981 North Carolina Bar Association —NC Bar Form No. 3

t1
Disclaimer- Onslovr County provides this GIS data as a public service. NO WARRANTY for the availability or accuracy is provided. - -
�>H
Printed:Dec 12, 2C

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t

_A�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 30, 2014
By First Class Mail
Mr. C. Richard Osterheldt
130 Crabshell Lane
Sneads Ferry, NC 28460
Dear Mr. Osterheldt,
John E. Skvarla, III
Secretary
EiCEIVE
JUL 15 2014
BY:
I received a copy of your letter (through Mr. Ramsey) to the Division of Coastal Management
(DCM) dated June 23, 2014. It is my understanding that Mr. Ramsey is your attorney, and so I have
copied,him on this response as well. I was sorry to hear that you were not satisfied with our
permitting process, and I wanted to respond to your letter and explain how DCM staff review and
issue CAMA permits for boat lifts, such as the permit issued to your neighbor.
First, in North Carolina, submerged lands (those below the mean high water level) are generally
owned by the State of North Carolina (see Chapter 146 of the NC General Statutes). There are some
special cases where submerged lands are privately held, but this ownership must be officially
recognized by the State (see N.C.G.S. §113-205 et seq). DCM staff are not currently aware of any
private ownership of the submerged lands in your area.
Where submerged lands are owned by the State, DCM is authorized under the NC Coastal Area
Management Act (GS I I3A-100 et seq.) and other state laws to allow the construction of docks,
piers, bulkheads, boat ramps, boat lifts and similar structures by the riparian property owner.
Riparian boundaries between upland property owners are determined by DCM staff in accordance
with 15A NCAC 7H .0208(b)(6)(I). The rules for coastal development require a 15' setback on
either side of that riparian boundary, but that 15' setback can be voluntarily waived, as you did in
this case. This means that Mr. Hamilton's boat lift cannot be over the line separating your riparian
areas, but can be constructed up to the line.
I hope this explanation helps to clarify the situation. However, if you still wish to challenge DCM's
decision to issue this permit, you can file a Third -Parry Hearing Request with the Coastal Resources
C'nmmiccinn (nnrenant to M C C. Q. Al 11AAll 11 T ha.,P anplrwa-A 41ka ---1;­1.10 F :V., 1

CAMA THIRD PARTY DCM FORM 5
HEARING REQUEST FORM DCM FILE No:
PETITIONER'S NAME
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § I I3A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you
cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. § 113A-121.1(b) and Chapter 15013, Article 4.
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § I I3A-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use ofpublic resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolnns fN_C'.CT.S_ 8 1 13A-121 .1(h)(3)1. Nummari7e the evidence and

A�
A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
By First Class Mail
Mr. C. Richard Osterheldt
130 Crabshell Lane
Sneads Ferry, NC 28460
Dear Mr. Osterheldt,
June 25, 2014
EIVED
JUN 2 5 2014
WILMINGTON, NC
John E. Skvarla, II'
Secretary
I received a copy of your letter to Mr. Dail of the Division of Coastal Management (DCM) dated June 23, 2014,
that was sent to Mr. Dail by Mr. Walt Ramsey. I understand from Mr. Dail that Mr. Ramsey is your attorney,
though he is not licensed to practice in North Carolina, and so I have copied him on this response as well, via
his email address.
I wanted to respond to your letter and try to explain how DCM staff review and issue CAMA permits for
boatlifts, such as that issued to your neighbor Mr. Hamilton. First, it is my understanding that in North
Carolina, submerged lands (those below the mean high water level) are predominantly owned by the State of
North Carolina. There are some special cases where such lands are privately held, but must have been
officially recognized by the State through a registration process which took place several decades ago
pursuant to N.C.G.S. §113-205 et seq. Old surveys which purport to show private ownership of the bottom,
like that you have provided, were superseded by the law cited above, and so are not proof of ownership below
the mean high water line. DCM staff are now aware of any private ownership of the submerged bottom in this
area, but if you have that declaration in your chain of title confirming private ownership, please let us know.
Where the submerged bottom is owned by the State, DCM has been authorized by statute to allow the
development of docks, piers, bulkheads, boa tramps, boat lifts and similar structures to be placed on the state-
owned bottom by the riparian owner (the upland, waterfront owner). See N.C.G.S. §146-12(b). Riparian areas
are divided by a riparian line which extends from the point where a common property line between two upland
owners hits the MHW line. From that point, DCM staff determine the riparian line by extending it waterward
from the point, either straight out or at an angle depending on the location of the channel or deep water of that
waterbody, as described in 15A NCAC 7H .0208(b)(6)(1), a copy of which is attached. The rules for coastal
development require a 15' setback on either side of that common riparian line, but that 15' setback can be
voluntarily waived, as you did in this case. That means Mr. Hamilton's boat -lift cannot be over the line
separating your riparian areas, but can come up to the line and not setback 15'.

didn't timely file this request, in addition to making your arguments for why you meet the three-part test to be
granted a hearing.
Thank you for this opportunity to respond to your letter and please contact me if you have further questions.
ADD Braxton's sig. block
cc (w/enc.): John Skvarla III, Secretary of DENR, by Interoffice mail
Walt Ramsey, counsel for Mr. Osterheldt, by email to [e-mail]
Christine Goebel, Counsel for DCM, by First Class Mail
Debra Wilson, District Manager, by interoffice mail
RECEIVED
JUN 2 5 2014
�,,�Na NAOit MINGTON, NC

ail, Jason
Dm: Goebel, Christine [[e-mail]]
nt: Wednesday, June 25, 2014 3:01 PM
Davis, Braxton C
Wilson, Debra; Dail, Jason
abject: RE: Richard Osterheldt visit
tachments: 2014-6-25 DRAFT BD Itr to Osterheldt.docx
)xton-
r our conversation, here is my draft of your letter to respond to Mr. Osterheldt/Mr. Ramsey. Admittedly it's ve
;al -sounding and you may want to edit it down and add a customer -friendly tone my draft lacks .... but the meat
ire.
ave a bad copy of the GP issued and no real survey that isn't messed up with the old property lines over land w
w submerged, so I can't tell where the common property corner meets MHW and which way Jason extended tt
arian line. We will need that info if a 3rd party is filed, and I didn't know if you wanted to also work with Jason
)w some kind of drawing with the riparian line on it and add some language to the letter explaining how/why C
?w the common riparian line in this case.
b and Jason -
copied you so that you can offer proposed edits to Braxton before he send this out.
!ase let me know if you need any further help from me in this matter.
risty
)m: Dail, Jason [mailto:jason.dailCdncdenr.gov]
nt: Wednesday, June 25, 2014 12:30 PM
Davis, Braxton C JUN 2 5 2014
Goebel, Christine; Wilson, Debra
bject: Richard Osterheldt visit
ixton, as a follow up to our telephone conversation yesterday, I just wanted to send a quick email and advise yc
interactions with Mr. Osterheldt.
lowing issuance of our general permit (GP#63222) to Mr. Hamilton for construction of a bulkhead and boatlift,
itacted by Mr. Osterheldt (via telephone) on May 7th, 2014, whereby he requested a copy of the subject permit
)mptly pulled the permit and sent Mr. Osterheldt a copy which he stated he received on May 9th, 2014.
May 19th, 2014, 1 received another call from Mr. Osterheldt requesting a site visit.
May 20th, 2014, 1 visited Mr. Osterheldt's property and met with him and his wife, at which time we discussed
,at length his history in the area, the neighboring property, the views he had from his picnic table, the boat lift <

mal High Water line and that title was vested with the State unless proven otherwise. Mr. Osterheldt never
Itioned during any of our discussions that he claimed title to any submerged lands. Also, during our May 21, 20'
phone conversation, he requested that we send a copy of the drawings that were provided as part of the permi
lication package, which I sent, and he received on May 24, 2014.
une 18, 2014, 1 was contacted by Mr. Walt Ramsey. According to Mr. Ramsey, he is representing the Osterheld
i regard to this issue. Mr. Ramsey asked me if we were planning to rescind Mr. Hamilton's permit based on his c
ig misled. Mr. Ramsey spoke of sending a letter to Mr. Braxton Davis and John Skavarla advising them of the
lidity of the subject permit (i.e. boatlift was installed on the Osterheldt's property). He asked if we (DCM) woull
insider rescinding the permit, and I advised that doing so would be frivolous since all of the work covered under
nit had already been completed.
ou are aware, recent emails from Mr. Ramsey have been circulated and elude to the fact that we (DCM) made
icedural mistakes" when issuing the permit. However, I dispute those statements. I have made every attempt
;ible to educate the Osterheldt's and advise them of the Rules governing piers/docks and boatlifts. I understanc
;erns, but believe his arguments are something that cannot be resolved through simple conversation.
u need anything else from me, please feel free to give me a call.
ik you,
n Dail
son Dal
Field Representative
N.C. Division of Coastal Management
127 Cardinal Drive Extension
tt`ilmingtoit, ,%C 28 Oa
Fax:[phone]
Fiti.iil:[e-mail]
" �ti-r�tr.n�-coastalrnanagtrrtetrt.riet
North Carolina Department of
tttaut a►sd',tiat�tsa) R�-�t��t�:�r;
se note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be
used to third parties.*
e visit www.nccoastaimanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram.

1, Jason
m: Dail, Jason
t: Wednesday, June 25, 2014 12:29 PM
Davis, Braxton C
'Goebel, Christine'; Wilson, Debra
ject: Richard Osterheldt visit
ichments: CAM00942.jpg; CAM00941.jpg; CAM00940.jpg
(ton, as a follow up to our telephone conversation yesterday, I just wanted to send a quick email and advise yoi
nteractions with Mr. Osterheldt.
)wing issuance of our general permit (GP#63222) to Mr. Hamilton for construction of a bulkhead and boatlift, I
:acted by Mr. Osterheldt (via telephone) on May 7th, 2014, whereby he requested a copy of the subject permit.
raptly pulled the permit and sent Mr. Osterheldt a copy which he stated he received on May 9th, 2014.
Vlay 19th, 2014, 1 received another call from Mr. Osterheldt requesting a site visit.
Vlay 20th, 2014, 1 visited Mr. Osterheldt's property and met with him and his wife, at which time we discussed it
it length his history in the area, the neighboring property, the views he had from his picnic table, the boat lift ai
)rical survey. I spent at least an hour on -site with the Osterhaldt's listening to their concerns and also explainin
!s. I took several photos of the site showing the boatlift (as -built) in relation to the common property line share
veen Mr. Osterheldt and the permittee (Mr. Hamilton). A copy of those photos are attached and again were tal
Aay 20, 2014.
)wing my site visit, I was again contacted by Mr. Osterheldt on May 21, 2014. Mr. Osterheldt still wanted
fication as to why we issued a permit to Mr. Hamilton for development on the Osterheldt's property. I again
ained the issue of riparian rights and advised Mr. Osterheldt that the State of NC held rights to the area below
nal High Water line and that title was vested with the State unless proven otherwise. Mr. Osterheldt never
itioned during any of our discussions that he claimed title to any submerged lands. Also, during our May 21, 20:
shone conversation, he requested that we send a copy of the drawings that were provided as part of the permi
ication package, which I sent, and he received on May 24, 2014.
une 18, 2014, 1 was contacted by Mr. Walt Ramsey. According to Mr. Ramsey, he is representing the Osterheldl
regard to this issue. Mr. Ramsey asked me if we were planning to rescind Mr. Hamilton's permit based on his
g misled. Mr. Ramsey spoke of sending a letter to Mr. Braxton Davis and John Skavarla advising them of the
lidity of the subject permit (i.e. boatlift was installed on the Osterheldt's property). He asked if we (DCM) woul(
nsider rescinding the permit, and I advised that doing so would be frivolous since all of the work covered ur i
nit had already been completed.
)u are aware, recent emails from Mr. Ramsey have been circulated and elude to the fact that we (DCM) made
cedural mistakes" when issuing the permit. However, I dispute those statements. I have made every attempt
ible to educate the Osterheldt's and advise them of the Rules governing piers/docks and boatlifts. I understanc
:erns, but believe his arguments are something that cannot be resolved through simple conversation.

0
178B49.»»cam "

Date: 6/23/2014
To
Division of Coastal
127 Cardinal Drive CXL.
Wilmington, NC 28405-3845
Attn: Jason Dail
From: C. Richard Osterheldt
130 Crabshell Lane
Sneads Ferry, N.C.28460
IrL
t
WED
JUNMW N' Nc
DCM
• DCM WILMINGTON, NC
SD
�M,tAGlON,
lgG
Dear Mr. Dail, , NGF11
As you know, I am an 83 year old veteran that lives with my wife at the above referenced address. We have worked
hard to maintain our property and are honestly appalled at some of the recent decisions by the Division of Coastal
Management. Based on the information below, it is my opinion that Costal Management issued an illegal permit
based on false or deceitful information and has allowed a structure to be built on my property for another's financial
gain. As you know, this has caused undue stress on my wife and I. Below I have outlined the events regarding this
issue.
1. According a survey by Barden Lanier Dated Dec. 1, 1969, and a more recent Survey from Dennis Manning
dated 4/14/2014, DCM issued a permit and allowed a structure to be built on my property. (Attachment A
and B)
2. On March 6, 2014, 1 was approached by Jonathan Yapp (Mr. Hamilton s contractor), asking permission for a
variance to the 15' setback typically required by the Division of Costal Management for an Adjacent Riparian
Property Owner Notification / Waver. DCM allowed a permit to be issued that did not meet the guidelines of
that variance. (Attachment C and D)
3. According to the CAMA handbook, Riparian property lines are established in 2 ways, neither of these would
have allowed this structure to have been built unless it was built per the variance letter.
4. For decisions relating to riparian property lines into the water The CAMA handbook states that the DCM field
representative shall "assist the property owners" (plural, not singular), in determining the best alignment" of
structures. At no time prior to construction did a DCM representative discuss this project with me.
For the above noted reasons, I now have a structure built on what I believe to be my property; which is a financial
benefit to the other property. If DCM would have followed their procedures, this would not have happened.
Please respond in writing by July 1, 2014, as to why you did not follow your own procedures and how you intend to
rectify this situation.
Sincerely,
C. Richard Osterheldt

9. On May 301h, I again spoke with Mr. Hamilton but he was now very obnoxious and stated that
Coastal Management issued a permit and that he was within his rights to install the boat lift as
currently installed.
10. Mr Ramsey spoke with Mr. Dail on 6/19/2014 and Mr. Dail stated again that unless I have a deed
dating back to the days of Columbus, the DCM still has the right to land use underwater; in
addition, Mr. Dail stated that I only had 20 days to voice an objection to the permit. First of all,
please site the state statute, paragraph and verse that shows that I don't own the property and
secondly, as far as the 20 days, I had no reason to object because I was sure that DCM was going
to ensure that the boat lift and sea wall met the variance agreement since this would be the
primary agreement for this project to even take place. This was clearly a mistake on the part of
the DCM. I agreed to exactly what was on the variance, not something that resembles it or is
similar to it; any deviation from that agreement should have been brought to my attention by
the DCM, prior to permitting; that was the DCM's responsibility and I trusted that it would be
done.
Note: This move clearly increased the value of someone else's land by decreasing the value of mine.
RECEIVED
DCM WILMINGTON, NC
lrlcCF
JUN 2 4 20A

Exhibit B
Survey by Dennis L. Manning dated 5/12/2014 5 t E a s t
ti
CP
777_134 1 - _ --_ - 777_ 1
LU
Dg OSTERHELDT I � N78o5g 05:- -_.� -
340 PG 63,T OS COMPUTED
TRACT 1 3 TERHEZDT LINE -�
i Ds J340 g� g Uo TRACT PG 634
�U) I
TP property Line
E ~-
, . E E --_ E PI___ R1 JNE
log
CONTROL i
x
,a - 103. _`-
M _WG
O BOAT Z fi 6Q t --
z L/FT 0 EX)ST ~' ---_ �I1153 2c
/0. MOB/LE -NG
SNGLE - - _ V
E t -
tL W O lag CR +. ti
60.0' ABSyEu LANE °? t
2- w �WOOD U' 1 5 C \ N
Clearly shows that boat
Q, 4
ramp was built on Mr. w STEPS CD
Osterheldt's roe ' �`
EXIST
BL -xSE8' PTJC
105 N�5'40.W 117
�PICNJC
W C TP117
ir
g -
law
u
-l7 n �� t
Cal m A 60
k -"Y r
t 94a
,47 r r-
� OF W 35 P6 69 CO
D8 !391 PG 6
139 CRABSHELL LANE

txnlalt u
;AMA / U DREDGE & FILL Permit
E1�E L PERMIT
Previous permit # -
Date previous permit issued _
-�Com lete Reissue L Partial Reissue
lew ❑Modification p
ed by the State of North Carolina, Department of Environment and Natural Resources
to I SA NCAC
astal Resources Commission in an area of environmental concern pursuant
0 Rules attached. .
ia�vt t
dame l2� 4� - � g' � -
Project Location: County
. _
f
Street Address/ State Road/ Lot #(s)
-
r'
1 Fax #
Subdivision
; r ram_
a.
_ r ZIP— I
City i
d Agent
-"
J
Phone # River Basin_
❑ CW C) EW -PTA' ES . PTS
n
❑ OEA ❑ HHF 0 IH rJ UBA ❑ WA
Adj. Wtr. Body
'
Closest Maj. Wtr. Body
es/'ng PNA Cyr ! no Crit.Hab. yes �no,
Proiectf Activity
fir,_,
k) length- — -
er(s) ...�..... I t
lg-th
nber
i1:Riprap length_
distance offshore I '
.r
x distance offshore
cannel%
bic yards
np i
isd .boa ift
iulld"ing
� NE=
P/L Denotes Property Line
i I I I I' I I E I _I
Piles for Boat Lift shown
outside of Mr Osterheldt
property
See note on back regarding River Basii

DIRECTIONS FOR OBTAINING A CAMA GENERAL
PERMIT for a PIER, DOCK, BOATHOUSE/LIFT
To obtain authorization to construct a pier, you must submit the following items to your
CAMA Permit Officer:
1. Signatures of no objection to the pier, from both adjacent riparian property
owners.
c2f- Fill out the attached forms, complete with drawing of the proposed
pier, and have your neighbors sign and date in the appropriate place.
If hand -delivering use the form that states such.
c� If your neighbor will not sign the form, or lives out of town, you may
send the CERTIFIED MAIL /RETURN RECIEPT form, and 10 days
after the date of receipt (which is listed on the green cards returned to
you by the Post Office) the permit can be issued, even if no response
has been received.
r° If any part of the proposed pier is located within 15 feet of the
Riparian Access Corridor line, the applicable neighbor must check
AND initial the box to waive the 15 feet setback requirement. A
signed form, without this box checked, does not constitute a waiver.
®' The Riparian Access Corridor is not the extension of property lines
out into the water. It is established by two imaginary lines that extend
at a 90° angle from the channel of the waterbody to the highground
property corners. Your Local Permit Officer can help you in
determining your Riparian Access Corridor. In some cases, a survey
may be required.
2. Drawings of the proposed pier:
Your drawing must include the following information (see attached examples):
(&I Your name and project address
(ZiF, Names of adjacent property owners
�' Width of property and name of the waterbody

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
Address of Property:
Agent's Name #:
Agent's phone #:
(Lot or Street #, Street or Road, City & County)
Mailing Address:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information) (Adjacent Property Owner Information)
Signature
Print or Type Name
Signature
Print or Type Name
Mailinn ArlrlrP.cc
Mailinn Arlrlrace

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to s
property located at (Name of Property Owner)
(Address, Lot, Block, Road, etc.)
on , in , N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above locat
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set ba
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to w
the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information) (Adjacent Property Owner Information)
Signature
Signature
Print or Type Name
Print or Type Name

'at McCrory
Governor
A A
NC®ENR
North Carolina Department of Environment and Natural Resources
N.C. Division of Coastal Management
AGENT AUTHORIZATION FORM
Date:
me of Property Owner Applying for Permit:
rner's Mailing Address:
me (
John E. Skvarla
Secretary
Name of Authorized Agent for this project:
Agent's Mailing Address:
Email:
Phone
;rtify that I have authorized the agent listed above to act on my behalf, for the purpose of applying
and obtaining all CAMA Permits necessary to install or construct the following (activity):
my property located at
s certification is valid 1 year from (date)

SECTION .1200 — GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN
ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS
15A NCAC 07H .1201 PURPOSE
A permit under this Section shall allow the construction of new piers and docking facilities (including pile supported -or
floating) in the estuarine and public trust waters AECs and construction of new piers and docks within coastal wetlands
AECs according to the authority provided in Subchapter 07J .1100 and according to the Rules in this Section. This
permit shall not apply to oceanfront shorelines or to waters and shorelines adjacent to the Ocean Hazard AEC with the
exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the
presence of wetland vegetation, lower wave energy, and lower erosion rates than the adjacent Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. July 1, 2009; April 1, 2003.
15A NCAC 07H .1202 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and
request approval for development. The applicant shall provide information on site location, dimensions of the project
area, and his name and address.
(b) The applicant shall provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property
owners indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. The notice shall instruct adjacent property owners to provide any comments on the
proposed development in writing for consideration by permitting officials to the Division of Coastal
Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted
as no objection. DCM staff shall review all comments and determine, based on their relevance to the
potential impacts of the proposed project, if the proposed project can be approved by a General Permit.
If DCM staff finds that the comments are worthy of more in-depth review, DCM shall notify the
applicant that he must submit an application for a major development permit.
(c) No work shall begin until an on -site meeting is held with the applicant and a Division of Coastal Management
representative to review the proposed development. Written authorization to proceed with the proposed development
shall be issued if the Division representative finds that the application meets all the requirements of this Subchapter.
Construction shall be completed within 120 days of the issuance of the general authorization or the authorization shall
expire and it shall be necessary to re-examine the proposed development to determine if the general authorization may be
reissued.
(d) Any modification or addition to the authorized project shall require prior approval from the Division of Coastal
Management.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Ef.October 1, 2007; August 1, 1998; January 1, 1990.
15A NCAC 07H .1203 PERMIT FEE
The applicant shall pay a permit fee of two hundred dollars ($200.00) by check or money order payable to the
Department.
History Note: Authority G.S. 113A-107, 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000; March 1, 1991..
I A A N!` A 9 07H 1ItIA (_-FNFR AT. rnNnTT1nNR

(p) Piers and docking facilities shall in no case extend more than 1/4 the width of a natural water body, human -made
canal or basin. Measurements to determine widths of the water body, human -made canals, or basins shall be made from
the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not
apply when the proposed pier and docking facility is located between longer structures within 200 feet of the applicant's
property. However, the proposed pier and docking facility shall not be longer than the pier head line established by the
adjacent piers and docking facilities nor longer than 1/3 the width of the water body.
(q) Piers and docking facilities shall not interfere with the access to any riparian property, and shall have a minimum
setback of 15 feet between any part of the pier and docking facility and the adjacent property lines extended into the
water at the points that they intersect the shoreline. The minimum setbacks provided in this Paragraph may be waived by
the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Should
the adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreement
with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to
initiating any development of the pier or docking facility. The line of division of areas of riparian access shall be
established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular
to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge.
Application of this Rule may be aided by reference to the approved diagram in Paragraph (t) of this Rule illustrating the
rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal
Management website at http://www.nccoastalmanagement.net. When shoreline configuration is such that a perpendicular
alignment cannot be achieved, the pier or docking facility shall be aligned to meet the intent of this Rule to the maximum
extent practicable.
(r) Piers and docking facilities shall provide docking space for no more than two boats (a boat is defined in 15A NCAC
07M .0602(a) as a vessel or watercraft of any size or type specifically designed to be self-propelled, whether by engine,
sail, oar, paddle or other means, which is used to travel from place to place by water) except when stored on a platform
that has already been accounted for within the shading impacts condition of this general permit. Boats stored on floating
or fixed platforms shall not count as docking spaces.
(s) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to
the owner of any part of a shellfish franchise or lease over which the proposed pier or docking facility would extend.
The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the
lease.