165-96 Renewal Henry & Moore (3)

Permit Class
RENEWAL
Issued to N.
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
hermit
X Major Development
pursuant to NCGS
X Excavation
V & Stuart B. Moore, P.
authorizing development in
Riverside Park
Beaufort
for
Area of Environmental Concern
, as requested in the permittee's
NCGS 113-229
igtnp, NC 27889
Permit Number
165-96
canal and wetland off of, at
dated 11/22/99.
This permit, issued on 1 Z / zz � �g is subject to com ace with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit must be attached to the original of Permit #165-96, which was issued on 12/6/96,
and all documents must be readily available on site when Division personnel inspect the project
for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when � ggrmit expires on
December 31. ZOUl
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donna D.Moffitt, Director
0 ` Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of

Permit Class
RENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
3permit
X for
_ Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
% Excavation and/or filling.pursuant to NCGS 113-229
Issued to N. Henry & Stuart B. Moore, P.O. Box 54, Washington, NC 27889
authorizing development in
Riverside Park
Beaufort
Permit Number
165-96
County at Pamlico River, canal and wetland off of, at
, as requested in the permittee's application dated
letter dated 11/22/99.
This permit, issued on 1 Z / 2 2 199 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit must be attached to the original of Permit 4165-96, which was issued on 12/6/96,
and all documents must be readily available on site when Division personnel inspect the project
for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunderrequires further Departmental approval.
All work must cease when thegrmit expires on
December 31, 20U1
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donna D.Moffitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Class
RENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
hermit
X for
Major Development in an Area of Environmental Concern
pursuanttoN( S 113A-118
R Excavation and/or filling.pursuant to NCGS 113-229
Issued to • N. Henry & Stuart B. Moore. P.O. Box 54, Washington, NC 27889
Permit Number
165-96
authorizing development in Beaufort County at Pamlico River, canal and wetland off of, at
Riverside Park as requested in the permittee's application dated letter dated 11/22/99.
This permit, issued on 1 V 22 % Rg , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit must be attached to the original of Permit #165-96, which was issued on 12/6/96,
and all documents must be readily available on site when Division personnel inspect the project
for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires furtherDepartmental approval.
All work must cease when the emtit expires on
December 31, 20011
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donna D.Moffitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
December 23, 1999
N. Henry & Stuart B. Moore
P. O. Box 54
Washington, NC 27889
Dear Sirs
The enclosed pemdt constitutes authorization underthe Coastal Area ManagementAct, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored fort) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
Ifyou object to the permit or any ofthe condftioris, you may request ahearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days ofthis
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance ofthis permitwithin twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The projectplan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, orproblem areas, you may contactDepartmentpersonnel at
any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Very sincerely,
" Douglas Huggett
Major Permits/Consistency Manager
DH/amw
Enclosure
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, INC 27604
PHONE[phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

ICENEwe, C 1"
� 165-9b
Division of Coastal Management
Application Processing Notes
Applicant: rl.oE=jeY & z-r AeT3.6400zE
Deadline:
Date/Time: Message:
12_1 S/9q W,,wvv&L- REQutST RCV'D INI
RALEIGH. Fly XCvIEW,EJ &
R�rJ6wnL (ST-D ) DRArrSV,

DONNA D. MOFFITT
DIRECTOR
..x. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
C Z�rS/H 4
DEC 15 1999
COASIAL MANAGE RENT
TO: Doug Huggett
THROUGH: Terry Moore
FROM: David Moye Du r-�
DATE: 9 December 1999
SUBJECT: Renewal of Permit No. 165-96 issued to N. Henry and
Stuart B. Moore for development at Riverside Park near
Washington
Mr. N. Henry Moore has requested an extension of CAMA Major permit
No. 165-96 (see attached letter dated 22 November 1999) originally issued on
6 December 1996. The Permit was originally issued for maintenance and
widening of an existing canal, placement of riprap, construction of a pier, access
road, and boat ramp, and the construction of a house onsite the Moore's
property off SR 1309 at Riverside Park near the City of Washington on the
Pamlico River in Beaufort County. My recommendation is we renew permit no.
165-96 as requested. The $50 check remitted to cover the requested renewal has
been deposited.
WASHINGTON REGIONAL OFFICE
943 WASHINGTON SQUARE MALL, WASHINGTON, NC 27SS9
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

11-22-1999
Mr. Terry Moore
N.C. Division of Coastal Management
P.O. Box 2188
Washington N.C. 27889
Dear Mr -,Moore:
We request a two year extension on Permit Number 165-96 which
was issued on 12-6-96 and expires on 12-31-99.
We are trying to complete the project as soon as
circumstances will allow taking into account all the problems
associated with river shore property after all of the storms we
have suffered.
Immediately after the permit was issued we were denied access
to the property and we did not get a court order judgement
allowing us our right of way until 7-13-98. Copy of the judgement
is attached. Also, in the four months immediately prior to the
issuance of the permit as well as the permit period we have
suffered six major storms. My home is on the river and I suffered
major damages from each storm. My first priority had to be taking
care of the damage to my home.
We have no plans to change the dimensions or scope of the
project.
Our check in the amount of $50.00 is attached.
Sincerely,
/-
o f�/''Atgt�' V" l
V'�R
N. Henry Moore,Jr
PO Box 54
Washington,N.C. 27889

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NORTH CAROLINA
BEAUFORT COUNTY
N. HENRY MOORE/tand
STUART B. MOORE
Plaintiffs
VS.
S.D. SMITHWICK
Defendant
<<
n o,
FILE NO. 97-CVS-1048
FILM NO.
THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
0
CONSENT JUDG T -<
) N
THIS MATTER, coming on to be heard before the
undersigned, and the Plaintiffs being represented by
David C. Francisco, Esquire, of the Beaufort County Bar,
and the Defendant being represented by Wayland J.
Sermons, Jr., Esquire, of the Beaufort County Bar, and
the parties having announced to the Court that all
;; matters in controversy between them which arise from the
pleadings herein have been settled between them, and the
Court, at the request of the parties hereto, hereby makes
the following:
FINDINGS OF FACT
1. That the Plaintiffs are the owners in fee simple
of a certain tract or parcel of land in Long Acre
Township, Beaufort County, containing 1.161 acre, more or
i less. The said lands are more particularly described in
Deeds of Record in Book 662, Page 150, and 318, Page 33,
11
11 of the Beaufort County Registry, and also more
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ex1108Pc531
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particularly depicted on that map of survey entitled
"Survey for N. Henry Moore and Stuart B. Moore", by Mayo
and Associates, dated May 28, 1997.
II 2. That the Defendant is the owner in fee simple of a
certain tract of land adjoining the lands of Plaintiffs
and more particularly described in Deeds of record in
Book 389, Page 447, and Book 374, Page 537 of the
i
Beaufort County Registry, and also more particularly
depicted on that map of survey entitled "Survey for N.
Henry Moore and Stuart B. Moore", by Mayo and Associates,
dated May 28, 1997.
3. That as an appurtenance to the ownership of the
lands described above, both Plaintiffs and Defendants are
IIentitled to an easement of ingress and egress over an
easement and roadway which runs Eastwardly from State
Road 1309, the Christian Service Camp Road, to the lands
of both Plaintiffs and Defendant. Said easement and
roadway is partially shown on that map of survey referred
to in Paragraphs 1 and 2 above.
4. That the parties have agreed that neither the
Defendant nor the Plaintiffs, for themselves, their heirs
li or assigns would block or impede the free use and travel
by either party upon said easement as shown on the map
referred to above as a "14.36 easement" and "16 foot
easement"

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BK1108PG532
5. That the dividing line between the property of the
Plaintiffs and the property of Defendant is correctly
shown on the Mayo map referred to above, and the parties
' have agreed to execute a Line Agreement, establishing
said dividing line as the dividing line between their
respective properties.
6. That there exists an encroachment by Defendant
upon the lands of Plaintiffs consisting of the gas pack
unit of a mobile home, more particularly shown on the
survey referred to above.
7. That the parties have agreed that the Defendant
shall have twelve (12) months from the date of filing of
f.
this Consent Judgment to completely remove the mobile
i
home and gas pack unit from his property.
8. That each party agrees that from and after the
date of this Consent Judgment, neither party shall allow
any mobile homes, single wides, double wides, or house
trailers to be built, constructed or remain on their
properties.
9. That the parties have agreed that from and after
the date of this Consent Judgment that neither party will
ii
�i increase the burden upon the easement referred to herein
by granting or attempting to grant anyone else the right
to use said easement and roadway. Each party
specifically agrees that they will not allow any property

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located elsewhere to utilize said easement and roadway.
Nothing contained herein shall restrict or prohibit
either party from any use which would be otherwise legal
Ii
! other than the restrictions contained herein.
10. That each party agrees that they will pay their
fair share of the maintenance costs of the roadway and
easement referred to herein, and each party agrees to
enter into a written Road Maintenance Agreement with all
the adjoining property owners to the road in the event
said written Road Maintenance Agreement becomes
available.
11. That the Defendant has agreed to pay unto the
I Plaintiffs the sum of Eight Hundred Eighty Dollars
I! ($880.00), as one-half (1/2) of the surveying bill.
Further, each party shall pay one-half (1/2) of any
ii
�j additional costs to record the Mayo map referred to
Ij
herein, and to record the Line Agreement referred to
herein.
12. That each party agrees to pay their own Court
costs and attorney's fees.
13. That each party agrees that this Consent Judgment
shall be binding upon their heirs and assigns, and shall
run with their respective properties.
i
WHEREFORE, based upon the foregoing FINDINGS
OF FACT, the Court herebymake the e following:

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IK1108PG534
CONCLUSIONS OF LAW
1. That all the parties are properly before the
Court, and there is no question as to joinder,
misjoinder, or nonjoinder.
2. That the Court has jurisdiction over the parties,
the subject matter, and the Defendant has been properly
served by service of process.
3. That the terms and conditions of the Findings of
Fact contained in Paragraph 1 through 13 above are hereby
incorporated herein as Conclusions of Law, with the
consent of the Parties.
NOW, THEREFORE, it is hereby ORDERED,
ADJUDGED and DECREED as follows:
I
1. From and after the date of this Consent Judgment
as an appurtenance to the ownership of the lands
described above, both Plaintiffs and Defendants are
entitled to an easement of ingress and egress over an
easement and roadway which runs Eastwardly from State
Road 1309, the Christian Service Camp Road, to the lands
of both Plaintiffs and Defendant. Said easement and
roadway is partially shown on that map of survey referred
I� to in Paragraphs 1 and 2 of the Findings of Fact above.
t
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2. That neither the Defendant nor the Plaintiffs, for
it themselves, their heirs or assigns, shall block or impede
the free use and travel by either party upon said

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BK1108Pc535
easement as shown on the map referred to above as a
"14.36 easement" and "16 foot easement"
3. That the dividing line between the property of the
Plaintiffs and the property of Defendant is correctly
shown on the Mayo map referred to above, and the parties
shall execute a Line Agreement, establishing said
dividing line as the dividing line between their
respective properties.
4. That there exists an encroachment by Defendant
upon the lands of Plaintiffs consisting of the gas pack
unit of a mobile home, more particularly shown on the
survey referred to above.
5. That the Defendant shall have twelve (12) months
r ;!
from the date of filing of this Consent Judgment to
i completely remove the mobile home and gas pack unit from
!; his property.
i
6. That from and after the date of this Consent
Judgment, neither party shall allow any mobile homes,
single wides, double wides, or house trailers to be
built, constructed or remain on their properties.
7. That from and after the date of this Consent
I; Judgment neither party will increase the burden upon the
easement referred to herein by granting or attempting to
grant anyone else the right to use said easement and
ij
li roadway. Each party specifically will not allow any

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Ax1108''c536
property located elsewhere to utilize said easement and
roadway
Nothing contained herein shall restrict or
prohibit either party from any use which would be
otherwise legal other than the restrictions contained
herein.
8. That each party shall pay fair their share of the
maintenance costs of the roadway and easement referred to
herein, and each party agrees to enter into a written
Road Maintenance Agreement with all the adjoining
property owners to the road in the event said written
Road Maintenance Agreement becomes available.
9. That the Defendant shall pay unto the Plaintiffs
the sum of Eight Hundred Eighty Dollars ($880.00), as
it one-half (1/2) of the surveying bill. Further, each
party shall pay one-half (1/2) of any additional costs to
record the Mayo map referred to herein, and to record the
Line Agreement referred to herein.
10. That each party shall pay their own Court costs
and attorney's fees.
11. That this Consent Judgment shall be binding upon
the Plaintiffs, the Defendant and their heirs and
assigns, and shall run with their respective properties.
This the day of July, 1998.
Stfe of Nodth,'Carolina, County af:l WO(t I
HEREBY CtRTIFY That"'# *ie: and"
beg*g is a'tib copy (I vq, qig' nal fled in
ft Office.
THOMAS S. PgYNE. III, Clod of ^uperior 9t`irt
DOW r By J
—sepntyl�stsm �c

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BK110aPG537
We Consent:
PLAINTIFFS:
N. HENRY MOEI
-STUART B. MOORE
4DI C. FRANCISCO,
Attorney for the Plaintiffs
DEFENDANT:
S.D. SMITHWICK
4"
W J. SERM S, JR.
Attorne for the Defendant
FILED FOR REGISTRATION AT 9- k9 O'CLOCK ! nj
1 '"+'I-' DAY OF 19 R
REGISTERED IN THE YFICEFr TI RE^1.5rER OF VMS
OF BEAUFORT COUNTY.
' Du�RFGISTM
D. J2t IFER GM
BEAUFORT VIINTY