54001D - Raney

' CAII IA/ DJ DREDGE & FILL '
3ENERAL PERMIT + Previous permit#
7New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
rized by the State of North Carolina,Department of Environment and Natural Resources ii��
:oastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC rl . LT(Ck
��t f �,/ Rules attached.
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ing permit may be required byTlA,in b 1 \N �k�vII 147 IP1(.k.. n See note on back regarding River Basin r
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- - --- F ' 1 CHARLES F. HALL
-1 N -.
\/ / \ ELFANOR G. HALL
SUNSET 1 �'�� ;���' D . 30018 P4. G 12
LAGOON I / / 1, _ -- - -
ilD-POINT OF RIPARIAN BASELINE /'/ �/ I m ALAN B. BLAKE
AS PER LOCAL LAMA OFFICIAL\ / / n 0 m O t/ •
DB. 2 178 PG. 49G
`1/4 / ¢ , I' LOT 13
-
(/' 90 DEGREES // ' ✓/p _�T _// �t"e/lv
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/ / / C9 WILLIAM A. RANEY JR. E
\� I /.,' \ `,4 / - // 1 JEAN RANEY COLEMAN
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DB. 318GPG. 551
N. •� / / LOT 12
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LMG
LAND MANAGEMENT GROUP INC.
- Environmental Consultants
April 22. 2009
Holley Snider
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
RE: General Permit, William A. Raney,Jr., Jean Coleman, Helen Pickney, Applicants
Holley,
On behalf of the applicants, I would like to request a site meeting for a General Permit for the
construction of a fixed pier and floating dock. The applicants propose to construct a two slip
docking facility on their property at 5 Lagoon Drive, Wrightsville Beach,New Hanover
County.
There are no wetland impacts associated with the proposed structures. There is no upland
development proposed. The structure will not exceed the one quarter setback or the Town of
Wrightsville Beach Pier Head Line. The mid point for the riparian corridors for the project
was previously established by DCM staff(Ed Brooks). See sheet 1 of 2 for details. Adjacent
riparian landowner notification forms have been sent by certified mail. The return receipts
will be brought to the site meeting. In addition to the adjacent riparian property owners (3
and 7 Lagoon Drive),owners of 1 Lagoon Drive and 10 and 12 West Salisbury Street were
also notified by certified mail. A $200 fee check will be brought to the site meeting.
Please contact me with any questions that you may have regarding this activity.
Sincerely,
RECEIVED
Greg Finch APR 2 4 2009
Environmental Scientist
nCM WII hireNrTnN_ NC

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• MARSHALL, WILLIAMS & GORHAM, L.L.P. O PP OkkOO I
ATTORNEYS AT LAW
WILMINGTON.NORTH CAROLINA
ALAN A.MARSHALL.(1908-1979) MAILING ADDRESS
LONNIE B.WILLIAMS P.O. DRAWER 2088
A. DUMAY GORHAM.JR. WILMINGTON, N.C.
JERRY C.WOODELL 28402-2088
WILLIAM ROBERT CHERRY.JR.
RONALD H. WOODRUFF• TELEPHONE[phone]
LONNIE B.WILLIAMS.JR. FACSIMILE(910) 343-86(
CHARLES D. MEIER www.mwglaw.com
JOHN L.COBLE May 5, 2009
OFFICES
F.MURPHY AVERITT III
14 SOUTH FIFTH AVENU
WILMINGTON, N.C.
28401-4539
E-MAIL:
[e-mail]
HAND DELIVERY
Ms. Holly Snyder
NC Dept. of Environment and Natural Resources
127 Cardinal Drive Extension ; ,
Wilmington,NC 28405
•
Re: CAMA General Permit Application for William A. Raney, Jr.,
Jean Coleman, and Helen Pickney
5 Lagoon Drive, Wrightsville Beach, New Hanover County, NC MAY 0 6 200
Our File No. 010624
DCM WtLMINGT(
Dear Mrs. Snyder:
My client, Martha Chaffins, of 10 West Salisbury Street, Wrightsville Beach, North
Carolina, received notification from Land Management Group dated April 23, 2009, received
April 25, 2009 of the above permit application. The following are Ms. Chaffins' comments and
objections to that application:
1. The proposed pier unreasonably interferes with navigation or use of the water by Ms.
Chaffins. The proposed pier is located in a U-shaped lagoon known as "Sunset Lagoon".
There is currently an existing pier to the west of Ms. Chaffins' property'as shown on the
enclosed LMG drawing. Because of the existing pier, the proposed pier, and the U-shape
of the lagoon, Ms. Chaffins' access to the water, which has been continuous for more
than 50 years, would be substantially and unreasonably impaired. Ms. Chaffins has taken
a photograph (enclosed) of how little area there is between her existing piling ("pier")
discussed below and the existing pier to the west. Without admitting the accuracy of the
drawing submitted by the applicants, the CAMA method of determination for a riparian

Lam. W
GP54a.
Ms. Holly Snyder
NC Dept. of Environment and Natural Resources
May 5, 2009
Page 2
2. The proposed pier would unreasonably interfere with Ms. Chaffins' right to use her piling
("pier"). There was an existing pier that belonged Ms. Chaffins' predecessor in title,her
parents, the Hines, that was shared by the applicants predecessors in title in accordance
with an Agreement dated August 31, 1968 (enclosed) and was in continuous use until it
was demolished in 2008. That pier is shown on a drawing which is enclosed herewith
marked"Exhibit B". When that pier was substantially destroyed as a result of a hurricane,
Ms. Chaffms applied for a permit to rebuild the pier. However, the current applicants
objected to the application by letter dated October 25, 2005 (enclosed). Because of the
applicants' objection, and another property owner's objection, Ms. Chaffin had no
choice but to demolish the pier, which she did in 2008 after a lawsuit. Ms. Chaffins left
one piling from the original pier which is shown on the enclosed map prepared by LMG.
Ms. Chaffins has continued to moor a boat to that piling.
This piling belongs to Ms. Chaffins. According to Rob Mairs, formerly with CAMA, and
Tony Wilson, the building inspector for the Town of Wrightsville Beach, that piling
belongs to Ms. Chaffms and cannot be removed by the applicants. The construction of the
applicants' pier will unreasonably interfere with Ms. Chaffins' use of that piling.
3. Under .1204 General Conditions (e) and (f), the applicant must obtain required local
authorization to build a pier and development carried out under the permit must be
consistent with all local requirements at the time of authorization. Wrightsville Beach has
its own rules regarding piers. Particularly, the definition of the riparian corridor by the
Town of Wrightsville Beach differs from the CAMA definition, and there is no evidence
in this application that the applicants' pier is located within the riparian corridor as
defined by the Town of Wrightsville Beach or meets its requirements.
Mrs. Chaffins reserves any and all other objections to the proposed pier if and when an
application for a CAMA permit is filed.
Should you have questions, please do not hesitate to call.
Yours very truly,
MARSHALL. WILLIAMS & GORHAM. L.L.P.

• 4<arkti,
WESSELL& RANEY, L.L.P.
ATTORNEYS AT LAW
POST OFFICE Box 1049
WILMI.NOTON, NORTH CAROLINA 28402-1049
STREET ADDRESss:
JoiLN C.WEssELL, III 107-B NORTH 2"'D STREET
[e-mail] WI]MLNOTON,NC 28401
WILLIAM A. RANEY,JR. TELEPHONE:[phone]
[e-mail] FACSIMILE: 910-762-7557
October 25, 2005 It ; ;, ,.,-r.,,; ;`lr-,
VIA U.S. MAIL AND FAX (350-200$)
Mr. Jim Gregson
Mr. Rob Mairs
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re : CAMA Permit Application of Martha Chaffins (Duncan
Marine)
10 Salisbury Street, Wrightsville Beach, NC
Dear Messrs . Gregson and Mairs :
I and my two sisters are the owners of the property at
Lagoon Drive, Wrightsville Beach (Lot 12 North Shores) . I understar.
that Martha Chaffins, the owner of the property at 10 West Salisbuz
Street (Lot 9, North Shores) may have applied for a permit to repai
or rebuild a pier located in front of her property and several othe
properties, including my lot . The application may have bee
submitted by Duncan Marine .
This pier has been jointly used by the owners of tr
several lots since 1969 . The several owners are currently in tY
process of considering an appropriate legal arrangement for tY
location and use of the pier. Once this is complete, we hope to hay
an agreement that will enable the construction to proceed withot
objection.
Until that time, I , on behalf of my sisters and I , mu:
object to the permit application filed by or on behalf of M:
Chaffin: . The pier lies within the riparian rights corridor of <
least five properties, including the Chaffins property, and show:
not be permitted without concurrence of all parties whose rights a:
involved.

I hope that this objection can be withdrawn soon. I have
not been able to speak to Ms . Chaffins since I learned that the
application was pending. Thus, I enter this objection out of a7
abundance of caution so as not to lose the opportunity for input ii
the permit process .
Sincerely,
WESSELL & RANEY, L.L. P.
W. A. Raney, Jr.
WAR:dc
cc : Mr. Lonnie B. Williams
Mr. Gerald Cole _ - `=_
Mr. Brett Blizzard
Mr. Lawrence Craige
WAR\misc\bill

I I I%., ..JV VV I I A I I V V I\V N.v. .v v. . ••• .v .v. ••. . . .v r.v...r ... . . .�. ... .-
grandfathered in and belongs to the Chaffins. Although it is directly in
front of the Chaffins' home, it is in the Raney riparian corridor which - ,,,
stretches across the front of the properties in the center of the laoon. ar-`'
If the Raneys are allowed to build a pier, the water between the,,ple ----
and the pier is basically all that is left for the Blizzajds, Chaffins, Golinis
and J. Cole.
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-20-09; 3: 17PM;WESSELL AND RANEY Steve Morrison ;9107627557 5 2/
YA 514;c0i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor James H. Gregson, Director William G.Ross Jr.,Secretary
Date 1-1 - 0 - 0
Applicant Name h- ( �;�'
Mailing Address P0 Q o rc i 049
I certify that I have authorized (agent) La f o,v,us,N,.,"7}- G-v-c c,e to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct(activity) c cs i r?c v\---t P,e,./` p ,
at (location) 5 Lay c o�., —D rz� (iJ L.{ .,l(e D�c(.N, /VC.,
This certification is valid thru (date) / 2--3 i— 0
Signature kJ
RECEIVED
APR 2 4 2009
DCM. 'WILMINGTCN, NC

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1 � � SUNSET
U�>� a J2ged LAGOON
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/ MID-POINT OF RIPARIAN BASELINE
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414 CAIVIA/li i:)!iecteE a FILECID S Ep , : . : N(!) 540.01,
gi!AgNERAL PERMIT -,. 2 2 2sosa9 Previous permit#
0Modificadon °Complete Reissue OPartial Bel Date previous permit issued
Is authorized by the State of North Carolina,Department of Environment and Natural Resources
ad the Coastal Resources C.ornmission in an area of environmental concern pursuant to ISA NCAC
0 [Cm attached.
pplkant Name lig i,byt„ R_LI YI t.,Li Protect Location: County New wtv
.ddrri PM, x }bal ...4i Street Address/State Road/Lot#(s) kri— IV itg
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:ity_w_iiminotim State_NC ZIP Zli 6%4 l• .5 1-4016on bYt,i v
hone#( ) Fax#( ) Subdivision kJ I•YA
uthorized Agent .1/Ei9i3•R lack tkc Lmq tY ZIP a.sLig)
ected v
0 CW XTA DES OPTS # ( ) LISQ.Obb I River Basin Cag Reay ff
0 CEA 0 IMF 0 IH El UBA 0 N/A
EC(s): Adj.Wtr.Body SUASL-1- t....aormind. (Winkia,hard
0 PINS: 0 FC:
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1RW: yes i0o Closest Mal.Wt Body Aide PNA yes 6-0) Crit.Hab. yes Cm)
(..i
type of Project/Activity CDs -CV ruev --iX Pit fl el/ W\th -t-i
1)ledf'grill
(Scale: 1 4:::-." '-'01
Pier(dock)length illx5
Platform(s) 0/o x 5' , . , : . . • , • i i I
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Finger pier(s)
Groin length s-.. "-I 1 1 Itilltit. ! 1....-...1.14—.1.
number \ Ar r„.....__.
" ,.// / -7- - i.
Bulkhead/Riprap length / /, i , /
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avg distance offshore • ] ..? .4t.,..__ i/ / ,/4; i x‘es — ....s •
max distance offshore ' • 4%*441, -^4...../...j/ ,t-t5
va...- • :., 11111 1
Basin.channel ‘% / 4 e,..,4,*,_ / 7--- ___ ....s‘- ot.
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Shoreline Length 1rA'r,... .i..' .. .';,'". 1.. -• • :----- --'I, ---- -• 1 . : i • 1 : i1 , t - i . ;.--i—r - i I ' T i '
SAV: not sure ' ILl ! ! ' „ ,
fif 1 1 1 i i ! . ;
Sandbags: notsure 83
Moratorium: 0 Yes .e0 i. : i _ . .11 ' ____ 1-__i .,.. . . . _NW I. ! ASA,ralltritli_.... 1 1 1
Photos: ( ) no 1 I i.....„ _r: _4_ _ .4___f__. i ()La_ : .__-_.;.. i ; i.
Waiver Attached! yaw.0 : I ! , ' ! . I c. : ! 1 i i : l I i
A building permit may be requ by: n bc
n See note on back rep riling River Basin rules.
Notes/Special Conditions KO
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akAi of i I A achinianti Imiliek inint it f la A drik.kAlinic ar.'kf)T° NM tif2lioq .

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• Print your name and address on the reverse l/�L g item 4 if Restricted Delivery is desired.
s that we can return the card to you. El Addressee Print your name and address on the reverse
eived by(Printed Name) C. Date of Delivery so that we can return the card to you. B. Recei
• Attach this card to the back of the mailpiece, k7 Attach this card to the back of the mailpiece,
or on the front if space permits. -)d -tC�, / ,"rxr i 3 C�-c/ or on the front if space permits.
�— D. Is deliverladdress diffe• t • i"F�v et Yes D. Is deli!
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2. Article Number 7005 1820 0002 9136 1566 f. Article Number 7005 1820 00
(Transfer from service label
(Transfer from service label
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540:3S Form 3811, February 2004 Domestic Return Receip
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION COMPL:
■ Complete items 1,2,and 3.Also complete A. Sig
I Complete items 1,2,and 3.Also complete A. Signature r\ item 4 if Restricted Delivery is desired.
item 4 if Restricted Delivery is desired. 1❑Agent • Print your name and address'on the reverse X
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so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece,
I Attach this card to the back of the i mail ece,
p if-- f ci or on the front if space permits.
or on the front if space permits. 1— D. Is deli
D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YEli
. Article Addressed to: If YES,enter delivery address below: ❑ No
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4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restri
!. Article Number 2. Article Number 7005 1820
(transfer from service label) 7005 1820 0002 9136 1627 (Transfer from service label)
'S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154o PS Form 3811, February 2004 Domestic Return Receipt

Pia-h-QAJ 1.-t)ro -
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. ' nature
item 4 if Restrictedamen Deliveryad is desired. X ` ' / 0 Agent
• Print your name and address on the reverse (l ❑Addressee
so that we can return the card to you. . Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits. JZi�i, f /f(2 cj , S///C)
D. Is delivery address different from item 1/ a'Yes
1. Article Addressed to:
If YES,enter delivery address below: ❑No
JOknt' CrI5mrl-
Or, Can.4 b
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V Certified Mail 0 Express Mail
0 Registered ElReturn Receipt for Merchandise
c)SLIK) ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1820 0002 9136 1580
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540;
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete NW /�item 4 if Restricted Delivery is desired. ,gAgent
■ Print your name and address on the reverse 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. C i>9F/40 11,2 S.vg
1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes
1�� Y If YES,enter delivery address below: ,ir4lo
l)3'2-4 loks6A1.e..-WGCh cj0`\.,s\ouY LW'c 3. S ice Type
/ (� Q Certified Mail ❑ Express Mail
l O ❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1820 0002 9136 1610
(Transfer from service
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 1

11111111111111
2005042402
FOR REGISTRATION REGISTER OF 01
REBECCA P.
giJUL
lHANOVER
COUNTY, NC NCBK:; .t PG 3007-3e111 FEE:$23.U
IWSIMENT # fi 12402
NORTH CAROLINA GENERAL WARRANTY DEED
Prepared by: W. A. Raney, Jr. , Attorney, P.O. Box 1049,
Wilmington, NC 28402. The preparer has not examined the title to
the property described hereinbelow.
Return to: Wessell & Raney, L.L.P.
Parcel #R05720-014-011-000
NORTH CAROLINA
NEW HANOVER COUNTY
DATE: JUNE 27, 2005
GRANTOR: HELEN RANEY PINCKNEY, WILLIAM ALEXANDER RANEY, JR. and
JEAN RANEY COLEMAN, TRUSTEES UNDER IRREVOCABLE TRUST
AGREEMENTS DATED JANUARY 7, 2002 BY WILLIAM A. RANEY,
SR. AND JEAN WHITLEY RANEY
GRANTEE: HELEN RANEY PINCKNEY (a 1/3 undivided interest) .
WILLIAM ALEXANDER RANEY, JR. (a 1/3 undivided
interest) and JEAN RANEY COLEMAN (a 1/3 undivided
interest) , as Tenants in Common
ADDRESS: c/o William A. Raney, Jr.
P.O. Box 1049
Wilmington, NC 28402

WITNESSET H:
WHEREAS, the property described herein was conveyed to
the Grantors as Trustees under Irrevocable Trust Agreements dated
January 7, 2002, said Trust Agreements being evidenced by
Memoranda of Trusts recorded in Book 3186 at Page 555 and Book
3186 at Page 563 of the New Hanover County Registry; and
WHEREAS, the Irrevocable Trust Agreements provide for
the termination of the Trust and the distribution of the Trust
assets to the Grantees herein as tenants in common, with a 1/3
undivided interest to each Grantee.
NOW, THEREFORE, the Grantor, for a valuable
consideration paid by the Grantee, the receipt of which is
acknowledged, has and by these presents does hereby grant,
bargain, sell and convey unto the Grantee in fee simple all of
that certain lot or parcel of land lying and being in New Hanover
County, North Carolina, and being more particularly described as
follows:
BEING ALL OF Lot No. 12, in Block No. 10, of
the Subdivision known as North Shores, a map
of which is made by L. L. Merritt, August,
1940 and is recorded in Map Book 3, Page 75,
of the New Hanover County Registry. Subject
to restrictions set out in deed to Luther
Rogers and wife, Annie Lee Rogers, recorded
in Book 356, Page 237, of said Registry of
said County.
TO HAVE AND TO HOLD the above-described lot or parcel
of land, together with all privileges and appurtenances thereunto
belonging, unto the Grantee, his heirs and assigns, in fee simple
forever, subject to the following: the lien of Town of
Wrightsville Beach and New Hanover County ad valorem taxes for
2005 and subsequent years; easements and restrictive covenants of
record; and all applicable zoning and land use ordinances,
statutes and regulations.
AND the Grantor, for himself, his heirs and assigns,
covenants with the Grantee, his heirs and assigns, that the
Grantor is seized of the premises in fee and has the right to
convey the same in fee simple; that the same is free and clear
from all encumbrances, except as set forth herein; and that the
Grantor does hereby and will forever WARRANT AND DEFEND the title
to the same against the lawful claims of all persons whomsoever.

IN WITNESS WHEREOF, the Grantor has hereunto set his
hand and seal the day and year first above written.
� (SEAL)
Helen Raney Pi kney, Tru t e Under
Irrevocable Trust Agreements Dated
January 7, 2002 by William A. Raney, Sr.
and Jean Whitley Raney
/ . SEAL)
William Alexander Raney, Jr. . , Tr -rtee
Under Irrevocable Trust Agreeme ,s Dated
January 7, 2002 by William A. 'aney, Sr.
and Jean Whitley Raney
Gahm (SEAL)
Je n Raney Col , Trustee Under
Irrevocable T t Agreements Dated
January 7, 2002 by William A. Raney, Sr.
and Jean Whitley Raney
STATE OF 1i.�.
COUNTY OF L *Q1
I, S0 Ik ids ,1pnol , a Notary Public,
do hereby certify that HELEN RANEY PINCKNEY, TRUSTEE UNDER
IRREVOCABLE TRUST AGREEMENTS DATED JANUARY 7, 2002 BY WILLIAM A.
RANEY, SR. AND JEAN WHITLEY RANEY, personally appeared before me
this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this the 1 day
of , 2005 .
My commission expires: rNoiary Public

•
NORTH CAROLINA
NEW HANOVER COUNTY
I, Ktccet XC\y "� . �(�l{p� , a Notary Public,
do hereby certify that WI/LLIAM ALEXANDER RANEY, JR. , TRUSTEE UNDER
IRREVOCABLE TRUST AGREEMENTS DATED JANUARY 7, 2002 BY WILLIAM A.
RANEY, SR. AND JEAN WHITLEY RANEY, personally appeared before me
this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this the :1-1 day
of U.. ,. , 2005 .
My commission exp. - . NotaryLPublicAit
poi,
(SEAL)
.*
!:4:COUP`
NORTH CAROLINA
NEW HANOVER COUNTY
I, �‘ r(\ x- � "V, ��0. r , a Notary Public,
do hereby certify that JEAN RANEY COLEMAN, TRUSTEE UNDER
IRREVOCABLE TRUST AGREEMENTS DATED JANUARY 7, 2002 BY WILLIAM A.
RANEY, SR. AND JEAN WHITLEY RANEY, personally appeared before me
this day and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this the Q B day
of _raS.J_ SF 2005.
•
My commission expires: Nota Public
\\-\Q-OS

***144, 41Mr"EiWn ept4
40 Illiapv,t ,0641
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1:P.-..'•*.••'a:':. -• .. ' .'''' ,oelf
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 07/29/2005 09:55:14 AM
Book: RE 4881 Page: 3007-3011
Document No.: 2005042402
DEED 5 PGS $23.00
Recorder: JACQUELINE NELSON
State of North Carolina, County of New Hanover
The foregoing certificate of KIMBERLY T WALTON , SOUTHEY EDWARDS THOMPSON Notaries are certifiec
tre correct. This 29TH of July 2005
REBE • P.\MITE , -, GISTER OF DEEDS
By:
uty/. l :.rs li'4 is : . . :;�:
•/kill.., .,A/A**,..*ANA..*t*AA..A AA A. .AA*A..*INA.*AA.AA*A.A.A/*AAA.. ,.. .A*A
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT IFfR RF-RFCM1Rnl J(

4
T4 ir )
.'t,,,,,
STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
ROY COOPER 9(01 MAIL SERVICE CENTER REPLY TO:
ATTORNEY GENERAL RALEIGIt,NC 27699-9001 CHRISTINE A.GOEBEL
ENVIRONMENTAL DIVISION
TEL:[phone]
FAx:[phone]
[e-mail]
June 22, 2009
By First Class Mail
William A. Raney, Jr.
William & Raney, LLP
PO Box 1049
Wilmington,NC 28402-1049 PPc,
Re: Clarification about CAMA General Permit#54001D
Dear Bill:
As you know, I am an Assistant Attorney General and represent the Division of Coastal
Management(DCM). DCM staff from the Wilmington office forwarded me your email of June
1, 2009, asking for clarification about the note on CAMA General Permit#54001 D which reads,
"Existing Piling to Remain." DCM staff asked that I respond on their behalf.
I have reviewed the permit materials submitted in connection with CAMA General
Permit#54001 D, talked to Holley Snider, the DCM Field Representative who issued your
permit, and discussed this matter with senior DCM staff. All agree that this note simply reflected
your permit request and the fact that you were not seeking approval to remove this piling.
However, as an ownership determination is not within the jurisdiction of DCM staff to decide,
this note was not intended to be a permit condition or to declare the ownership or use rights of
the piling.
Please contact me if you have any further questions about your permit or this note.
Very truly yours,
Clatitij,

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue Dee Preen
Governor May 9,2011 Secretar
Ms. Martha H. Chaffins
10 West Salisbury Street
Wrightsville Beach,N.C. 28480
Dear Ms. Chaffins:
Thank you for your recent letter concerning riparian corridors and property access rights at
Sunset Lagoon in Wrightsville Beach. I understand that this area of Wrightsville Sound has a
long history of boating use and currently is heavily developed with piers and docks.
The Coastal Resources Commission's(CRC)rules for piers,docks and moorings have specific
standards to prevent adverse impacts to navigation and interference with access to riparian
properties. These standards include methods for establishing the division lines for areas of
riparian access,as well as the requirement for setbacks from these division lines. In most cases,
the establishment of riparian access areas is fairly straight forward, but along curved shorelines
and in coves the equitable distribution of these areas is a bit more difficult.
As you know,the typical method for establishing areas of riparian access in coves or along
curved shorelines, like Sunset Lagoon, is to establish a center point in the cove and then extend
lines back to shore to the points where the individual upland property lines meet the water's
edge. This creates pie shaped areas of riparian access that all converge on the center point in the
cove. This method usually results in larger areas of riparian access for properties that have
longer shorelines. In Sunset Lagoon,not only do the areas of riparian access converge but so do
the majority of the property lines. When property lines are not parallel, any change in the
shoreline through accretion or erosion will result in a change to the individual property owner's
shoreline length,thus further complicating the establishment of areas of riparian access.
The Division of Coastal Management(DCM)established a center point in the Sunset Lagoon in
2002 and has been using this center point for making permit decisions on piers and docks in the
Lagoon since that time. In order to avoid conflicts with existing structures and other earlier
riparian lines,the Division feels that the existing established lines based on the 2002 survey
represents a fair apportionment of the riparian areas for all of Sunset Lagoon.
You also asked what measures are taken to protect property owners who moor their boats to a

Ms. Martha H. Chaffin
May 9,2011
Page Two
be located and constructed to avoid adverse impacts on navigation and access to riparian
property. The mooring buoy cannot interfere with the ability of any riparian property owner to
place a pier for access. During the permitting process the mooring is evaluated for impacts
based on the arc of the swing including the length of the vessel to be moored.
It is the understanding of DCM that the piling in the photo you provided was left in place
following the demolition of the remains of a shared pier that was damaged during Hurricane
Ophelia. DCM also understands that the Town of Wrightsville Beach's demolition permit
required all debris from the old pier to be removed during demolition. DCM staff is not aware of
any formal decision concerning the use or ownership of this piling. DCM staff has no authority
to the declare ownership rights related to a mooring piling. When the adjacent pier(Raney)was
permitted, it was required to have a setback of 15 feet from the 2002 riparian line survey. The
Town of Wrightsville Beach required the pier to be set back 15 feet from the property lines
extended. The applicant also proposed that the pier be setback 15 feet from the existing mooring
piling and was permitted accordingly. DCM staff concluded,when the Raney permit decision
was made,that those setbacks provided sufficient safeguards to prevent unreasonable
interference with navigation. Please be aware that DCM has never received an application for
and has never permitted a freestanding mooring piling in this location.
Staff of the Wilmington Office are more than willing to meet with you and other residents of
Sunset Lagoon to discuss these issues. The Regional Office phone number is(910) 796-7215.
You may also wish to speak with Director of Coastal Management Jim Gregson in the Morehead
City Office at(252) 808-2808.
Sincerely,
fit/
..t r`I ?Dee Freeman
Freeman
cc: Director Jim Gregson

RE
OFFICE OF THE SEC
SECRETARY
APR 15 2011
R.
NATURAL RESOURCES I West Salisbury Street
Wrightsville Beach
North Carolina 28480
6 April 2011
Secretary Dee A. Freeman
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Dear Sir,
I respectfully request that CAMA review its regulations governing pier
construction in salt water lagoons and modify those regulations that enable
some property owners to take unfair advantage of their neighbors.
I also request information on what measures CAMA takes to protect the right;
of property owners who moor their boats to a single piling.
Please consider the events that have occurred in Sunset Lagoon, WrightsvillE
Beach and the problems incurred by using a high tide line beyond forward
property lines to establish riparian corridors within the lagoon.
a. Significant erosion has taken place in Sunset Lagoon. Eroded sand
from properties on the west side of the lagoon has been deposited in the
center of the lagoon. In the 2002 Survey of the lagoon, CAMA allowed
k ink +;.-Ir, Iinn hntinnrl +hn fnr%Avnrr1

Below is a picture of Sunset Lagoon looking west from the bottom "U" of
the lagoon. The picture was taken in 1960 at low tide. Note the large sandba
in the background. When this sandbar was removed, water began to rapidly
erode the shoreline of Sunset Lagoon.
Pr
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Following are two pictures of Sunset Lagoon taken in 2010 of the west side o
the lagoon. Note the extent of the erosion that resulted from the removal of
the sandbar.

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Following is the 2002 survey of Sunset Lagoon commissioned by Leonard
Hooks. This is the most recent survey of the entire lagoon. It establishes a
high tide line that is no longer accurate. The house that is outlined in dark per
belongs to the Hooks family. You will note that the high tide line (dark pen) is
just above the bend in their pier.
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Following are pictures of the Hooks' pier taken in 2010. Note that water has
eroded the beach and shifted the high tide line from where it was in 2002.
(Looking East)
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Following is a photograph taken of the beach access in front of the house
whose owners (the Raney family) constructed the last pier in the bottom "U" c
Sunset Lagoon. The riparian corridor that enabled the construction of this pie
was drawn from a high tide line far beyond the forward property line of the
property. Because of this, the property owners were able to position their pies
to the far left and preserve unobstructed beach access in front of their own
property. (The photo was taken centered, in front of their property.)
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Following is a photograph taken of the beach access in front of the property
next door and to the immediate west of the property owners (Raneys) who
built the pier. The 2002 survey eliminated the riparian corridor for this house.
This allowed the Raney pier to be positioned directly in front of their next door
neighbor's house. (The photo was taken centered, in front of the property)

Following is a picture of the beach access (taken from the water) in front of th
house of the property owners (Raneys) who built the last pier. (The property i,
the two story house in the middle.)
1!v 1 e , � 7:41
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Following is a picture of the beach access in front of the Hooks' property.
Using a riparian corridor drawn from a high tide line beyond their forward
property line, the Hooks were also able to preserve a wide beach access.
(The Hooks' house is between the two piers.)

Following is an aerial view of Sunset Lagoon. As you can see, the owners of
the four properties at the bottom "U" of Sunset Lagoon (between the two piers
have had their beach access significantly restricted.
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A high tide line should provide the starting point from which riparian corridors
are drawn only when forward property lines have eroded away. If forward
property lines exist, then the riparian corridors should be drawn from those
lines.
b. Please note the positioning of the Raney pier in Sunset Lagoon in
relationship to the piling from which our family moors its boat.
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It is no longer possible to pull a boat out toward the pole so that it will be in the
water at low tide without making contact with the boat tied to the pier. One or
two anchors are placed to prevent the boat from drifting toward the pier.
40
41,
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I
In conclusion:
The two center piers at the bottom of Sunset Lagoon should never have been
built. The riparian corridors for these piers were established using a high tide
line that is constantly being eroded. The corridors were created by extending
property lines perpendicular to the shore to points well beyond the forward
property lines of the properties at the bottom "U" of the lagoon. CAMA should
not grant water access to properties beyond that which is inherent in the

According to CAMA, "it is common in North Carolina and in other jurisdictions
to divide a cove shoreline in a way similar to the pie-shaped littoral
delineations done in lakes, where lines are drawn back to the shoreline
property-corners from a center-point in a lake. This has been the long-
standing practice of DCM and was the practice employed for Sunset Lagoon
since at least the issuance of the Hooks pier permit." * A salt water lagoon
should not be likened to a lake due to the constant change of the shoreline.
Please consider the events that have occurred in Sunset Lagoon and work to
change or modify existing regulations so that all property owners in salt water
lagoons are fairly served.
Thank you for your time and consideration in this matter.
Sincerely,
artha H. Cha fins
cc:
James H. Gregson, Director of Coastal Management
Steve Everhart, Wilmington District Manager, CAMA
Colonel Jefferson Ryscavage, District Commander, Corps of Engineers,
Wilmington
* FINAL DECISION, Robert R. Emory, Jr., 23 June 2009

County of New Hanover )
) SS
State of North Carolina )
THIS AGREEMENT is entered into effective as of the date herein
stated between John D. Hines (hereinafter referred to as Hines or as A),
William Raney (hereinafter referred to as B), Sarah Cole (hereinafter re
to as C), Margaret Kornegay and Ruth Nester (hereinafter referred to as
and Herman Blizzard (hereinafter referred to as E), Hines being the owns
Lot 9, B of Lot 12, C of Lot 11, D of Lot 10 and E of Lot 8 of Sunset La
section of the Town of Wrightsville Beach, New Hanover County, North Ca/
WHEREAS Hines, after consultation with B, C, D and E and with
permission from appropriate authorities, plans to construct and maintaii
extending from his property into the waters adjacent thereto a pier and
floating dock (hereinafter referred to as "dock").
NOW, THEREFORE, it is agreed by and between the parties hereti
follows:
(1) B, C and D will each reimburse Hines for one-fourth (1/4
the cost of design and construction of said dock and for one-fourth (1/,
-S -- t ---

1
It --:-.
(4) Transfer of the rights acquired hereunder will be made b
D and E with the sale of their property to another and only to the purr:
of their property. . No other sale, assignment, devise or transfer of an
may be made without the written consent of Hines, such consent to be ma
the sole discretion of Hines.
(5) Hines will continue to be vested with all right and titl
and to said dock subject only to the rights of use of the other parties
forth in the preceding articles.
(6) The true intent of Hines and, as spelled out in this doc
is to provide a community pier on his property in the Sunset Lagoon sec
for the sole use of the owners referred to above as A, B, C, D and E.
1st
(7) This Agreement is effective the 3 t- day of j:"
I
//1. (II • r 1 Ahtiv.0A4.1(_, •
. 61 4,)4. Q `1L01 J HN D. HINES
,� �-
..r -t--c--1-4---4---2-it_ /17,---a--'-t-P—d_/
or -(,4� t. C', v WILLIAM RANEY
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