99-327_The Hammerhaed Corporation Inc_19990113

1
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
January 26, 1999 j A
NCDENR Ms. Emily Farmer
9920 Bluff Road
7 Emerald Isle, NC 28594
JAMES B. HUNT JR
GOVERNOR
Dear Ms. Farmer:
This is in response to your letter of January 18, 1999, to Donna Moffitt whereby you asked
wAYNE MCDEVITT ,;'`: -,. ,. that the NC Division of Coastal Management require a Major CAMA permit for a project
SECRETARY proposed by the Hammerhead Corporation located in the Town of Emerald Isle, Carteret
County. The proposed project involves improvements to subdivision streets. Based on the
application, no individual driveways, homes, etc. are currently being proposed. This
correspondence also serves as a follow-up to the January 13, 1999 letter from Charles Jones
DONNA D. ' ?FF17T regarding the same project.
DIRECTOR
The aforementioned project has been reviewed once again, and Tere Barrett from our staff
has worked closely with the Local Permitting Office at Emerald Isle to ensure that all
requirements of the application process have been met. During that review, the Division
contacted Mr. Daniel Sams with the Land Quality Section of the Division of Land Resources
out of the Wilmington Office to ensure that a Sedimentation and Erosion Plan would not be
required for the project. Based on the current proposal as well as the information provided
to Mr. Sams, less than one acre of disturbance is proposed, thus Mr. Sams has stated that
a Sedimentation and Erosion Plan is "not required to -date". However, he has informed us
that if additional land disturbance is planned, then a Sedimentation and Erosion Control Plan
would be required for the "ENTIRE" project at that time.
The roadway where the work is being proposed is currently owned by the W. B. McLean
Estates and Martha Howe. From the information provided to us, they recently gave the
Hammerhead Corporation the right-of-way to develop for the subdivision. Consequently,
it was appropriate for the Local Permit Officers at Emerald Isle to process the application
= with oversight from the DCM staff in the Morehead City Office. This process involved
ensuring, that the development met the Specific Use Standards for ORW Estuarine
Shorelines, including the criteria which requires that development projects limit the built
upon area to no more than 25 percent of the AEC area of the land. This criteria was met
>; and the project was reviewed with a definite amount of built upon area to be allowed for
each individual lot. Be assured that there was no non -conforming development proposed.
>f x Pending the Hammerhead Corporation providing the LPO with a revised final plat (a draft
plat was reviewed yesterday in this office) addressing many of these same issues, I anticipate
a permit being issued within the next few days. If you wish to appeal this permit decision,
}, you may file a request with the Director of the Division of Coastal Management,
W Department of Environment and Natural Resources within 20 days of the permit decision.
i . MOREHEAD CITY OFFICE
HESTRON PLAZA It 151-8 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
.. AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

r

Ms. Emily Farmer
Page 2
January 26, 1999
However, I do hope that I have addressed the many issues that you raised in your letter. I want to assure
you that both the Local Permit Officers at Emerald Isle and the staff of the Division of Coastal
Management work hard to ensure that all CRC rules and regulations are complied with. I would be
glad to meet with you if you have any additional questions or would like further clarification. Feel free
to contact me at [phone].
Sincerely,
M. Ted Tyndall
District Manager
cc: Donna Moffitt - DCM, Director
Charles S. Jones - DCM, Assistant Director
Tere Barrett - DCM
Dan Sams - Division of Land Resources
Jim Taylor - Town of Emerald Isle
Carol Angus - Town of Emerald Isle

DEC-30-98 WED 13:22 R FARMER t252 354 4349 P.01
Etally lKI Farmer
9920 Bluff Road
Emerald Isle, NC 29594
252-354-6373
FAX [phone]
December 30,1998
Ms. Dolma Moffitt, Director
Division of Coastal Management A f� ek : dries Tooes
NC Department of Environment & Natural Resources
P.O. Box 27Gt37
Raleigh, NC 27611-7657
Fax: 919-?33- I495
Re: Notice of Violation, Hammerhead Corporation, Emerald Isle
Dear Donna
Thanks for your letter of November 1.3,1998 concerning the 6-plus-acre soundfront
subdivision plaruted for development in Emerald Isle by Hammerhead Corp. You stated
"the widening rind extension of the street to the subdivision will require a CAMA, permit."
And yet this work was begun without one. Yesterday I contacted John Yost of the Emerald
Isle building inspections department who stated that the Town was treating the
improvements as a "utility" and that he was "not aware 'the goad was totally within the
CAMA 575-fa>t setback I then called Charles Jones of the DCM Morehead City office
who indicated a CAMA permit %vas indeed needed and said someone from his office would
go to Emerald Isle today.
Mr. Jones also stated that b=use these changes to the existing road were being tirade
solely to provide access to the lots in the subdivision that it should be included in the
developers' 2517o built -upon CAMA limit. I reminded him that Hammerhead Corporation is
sech g to obtain individual minor CAMA permits for each of the lots within the
subdivision_ This allows the developer to avoid applying for a major CAMA permit for the
entire subdivision including its "essential" access road. Minor permits do not trigger other
regulatory mquirements, such as a sedimentation and erosion control plan from the NC
Division of I.,and Quality, a stormwater permit from the NC Division of Water Quality, or a
storm%eater plat from the Town.
Kaving just m-read the CRCs regulations pertaining to CAMA permit applications, I
believe that they clearly require full disclosure of total development plans. The rules say
that "any maps or plans that have been prepared to meet other regulatory requirements..."
should be included in the permit application. The subdivision map and individual lot maps
prepared by the developer for the Town clearly show the development including the road
will disturb more than an acre a laud, and involve more than 25% built -upon area (when
the road paving is included). Therefore, a sedimentation and erosion control plan should
have been requirtA along with, a major CAMA permit.
If you elect to allow the developer to proceed with applying for minor ,permits for each lot
within this sulxlivision, the Town must then be requited to apply for a LAMA permit to
build and improve the access road to Hie subdivision since it is entirely within the estuarine
shoreline AEC. The existing road is not adequate for the subdivision, and by Town

DEC-30-98 WED 13:22 R FARMER [phone] P.02
ordinance must bo enluxBcd. and paved. it is not exempted as a "Non -Conforming
DevclopmCnt" since it will be enlarged beyond its original dimensions to accornmodate the
subdivision. This applications should show how the town will comply with the 25% built -
upon Iimit for this development activity within the estuarine shoreline AFC.
Unauthorized development is now occurring on the road. I .respectfully request that you
issue a "stop tivork' order to prevent any further road work until all permit requirements are
satisfied, including public notice of the application for the roadway. please inform we of
any actions you take with regard to this development.
Thank you for your help on this matter and for working to protect water quality in Bogue
Sound.
Sincerely,
Emily Farmer
cc: Bill Holm n. DENtz
Rick Shiver, DWQ
✓Cltearles Jones, DCM
Ilan Sams, DLQ
Todd Miller, NCCF

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Emily K. Farmer
9920 Bluff Road
Emerald Isle, NC 28594
252-354-6373
FAX [phone]
BAN 2 0 1999
January 19, 1999
Mr. Charles Jones, Assistant Director
Division of Coastal Management
Hestron Plaza II, 151-B Highway 24
Morehead City, NC 28557
Re: Hammerhead Corp - Minor CAMA Permit
Dear Charles:
Thanks for your letter of January 13, 1999. I had gotten Tere's message that
the developer will dedicate land from his subdivision to bring the Town Road
into compliance with CAMA's 25% built -upon limit. She said to call her back if
I had questions - sorry if I created any confusion! I have inspected the permit
application at Emerald Isle Town Hall and have a number of concerns.
1. According to the map submitted with the application (which I have
enclosed along with a copy of a letter to Donna Moffitt) the developer is
addressing the road in a piecemeal fashion. I believe that approach is
contrary to CAMA regulation T15A:07J.0211 concerning non -conforming
development. Subparagraph (1) states that in order to qualify as non-
conforming development "the structure will not be enlarged beyond its
original dimensions." The enlargement of this road beyond its original
dimensions requires that the whole road be considered as "new" development
and should be treated as any other type of development would be.
2. The Town -owned strip is 50 ft wide. The road on it will be lengthened
and widened to approximately 800 ft by 20 ft. The 20 ft wide road on a 50 ft
Town right-of-way equals 40% impervious. To comply with CAMA, the
developer will need to dedicate an additional 30 ft by 800 ft (estimated) in
length or roughly 24,000 sq ft. Added to that is the square footage taken up by
the 7 impervious driveways to the lots. The driveway planned for lot 4 is 20 ft
wide. 20 ft multiplied by 30 ft equals 600 sq ft, times 7 lots equals 4200 sq ft.
The developer therefore has to "dedicate" 28,200 sq ft in total, or 4029 sq ft
from each lot to bring the road into compliance with the CAMA 25%
impervious rule. The figuring on his map indicates he has not done that.
3. If DCM continues to permit this subdivision through the minor CAMA
permit process, I'm concerned that this area dedicated to the road will get "lost
in the shuffle." Therefore, I suggest the developer be required to draw the
area directly on the map to be recorded by the county. That square footage
would in turn be deducted from the buildable figure for each lot.

4. You will note that on lots 5 and 6 is a pond. According to the
developer there is a storm drain on the road that is connected to the pond by
piping and the developer has stated the pond will continue to be used as a
stormwater containment area. Since the pond is obviously not buildable, its
area should be subtracted from the total buildable figure for those two lots. I
believe that has not been done.
I will send these comments to Carol Angus before the close of the comment
period on the 25th. I would also appreciate it if you would respond prior to any
decision regarding this application. Look forward to seeing you at the CRC
meeting next week.
Sincerely,

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JAN-22-99 FRI 11:05 R FARMER -t-252 354 4349 P-01
Emily K. Farmer
9920 Bluff Road
Emerald ,Isle, NC 28594
252-354-6373
FAX [phone]
January 22, 1999
Ms. Carol Angus
Local CAMA, Permit Officer
Town of Emerald Isle
Hand -delivered
Re: Hammerhead Corp - Minot CAMA Permit
Dear Ms. Angus:
I appreciate the opportunity to comment on the Minor CAMA Permit
application for the widening and extension of Sound 1h'ive, a Town -owned
road, by Hammerhead Corp. to serve their new subdivision, Sunset Hatbox.
According to the map provided with the permit application, the whole road lies
within S75 feet of Bogue Sound Outstanding Resource Water.
1. CANIA regulation T15A:07H.0209(f)(1) states 'Within the AEC for
estuarine shorelines contiguous to waters classified as ORW by the EMC, all
development projects, proposals, and designs shall limit the built upon area to
no more than 25 percent of the AEC area of the land to be developed or any
lower site specific percentage as adopted by the EMC as necessary to protect
the exceptional water quality and outstanding resource values of the ORW...."
In order to qualify as non -conforming development and be exempt from this
regulation, T1 S,A,07J.0211(1) specifically states that "the structure will not be
enlarged beyond its original dimensions .... '° The enlargement of this road
beyond its original dimensions requires that the whole road be considered
°'new" development and therefore be subject to this 25 percent built upon
limitation.
2. The Town -owned strip of land is 50 ft wide. The road on it will be
lengthened and widened to approximately 800 ft by 20 ft. The 20 ft wide road
on a 50 ft ;vide Town right-of-way equals 40% impervious. To comply with
CARiA, the developer has agreed (according to Tere Barrett of the CAMA
Morehead Cipy office) to dedicate some of the subdivision laird to the road.
Accordingly, The developer will need to dedicate a 30 ft wide strip (a 20 ft wide
road on a now-801t wide parcel equals 2596 impervious). This strip would have
to extend the Iength of the road (not the subdivision) or approximately 800 ft.
This equals an estimated 24,000 sq ft. further, any impervious surfaces built
on that strip (driveways) would also stave to comply. i do not see this area
indicated oxx the map or mentioned in the pennit application.

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JAM-22-99 FRI 11:05 R FARMER t252 354 4349 ' P.02
3. If DCNI coxttinues to permit the subdivision through the mainar CAMA
peraxit process. I'm concerned that this area dedicated to the road will get "lost
in the shuffle." 'llierefore, I suggest the permit require the area be drawn
directly on the map to be recorded by the county. That square footage would In
turn be deducted from the buildable figure shown oil the map for each lot and
changes should be made to those figures to reflect that.
4. Finally, you will note on the map that there is a pond on Lots S and 6.
The developers have stated the pond will remain in its "natural" state and
continue to serve as a stormwater containment area. Since the pond is
obviously not buildable, its area should be subtracted from the total buildable
figures for those two lots. 3 believe that has not been done.
Thank you for your consideration of these concerns. l would appreciate
receiving notification of any permit decisions.
Sincerely,
Emily Farmer
cc: Donna Moffitt, DCM
Charles Junes, DCM
$ill Holinxi, DENR
Todd N1111er, NCCF

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Locality u- Permit Number
GENERAL INFORMATION
JAN 13 1999
LAND OWNER
Name ? NE f{A,HfM&t #eo40 &icpbmrloej _17e c.
Address •• Zo`� j+&euetAwt 134 Y
City Fly" 11`/A� TSL-£ State W' �' Zip 2859 Phone 3? S-?7Y
AUTHORIZED AGENT
Name h- F.41e. ;v6.7aPJ 3�
Address 7-09 4FA/L4011 9 4Y
city _�F-5Le State Al. c. Zip � Phone 3S`f- SZ�B
LOCATION OF PROJECT 5 jot l' 316 I~ LID :rS L'6 N • L .
{7;N _*-- 5-383096861rl21
(If not oceanfront, is waterbody natural or manmade?)
NR'lv)CA'i 030CvfF SOuNr.�
DESCRIPTION OF PROJECT f5U50 Vi SiOttil -5?AGf 1 M,0"\1-F FN T5
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard Estuarine Shoreline ✓ ORW Shoreline Other
PROPOSED USE
✓ Residential Commercial/Industrial Other
SIZE OF BUILDING IN SQUARE FEET _
Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet
of an ORW shoreline) /4 09L 5It -F-F ST�+Er Sv,6*r►'94 AltE
SIZE OF SITE IN SQUARE FEET 320 t 258 S`t 4
OTHER PERMITS MAY BE REQUIRED...
The activity which you are planning may require
permits other than the CAMA minor permit you
are applying for here. As a service we have com-
plied a listing of the kinds of permits which might
be required. We suggest that you check over this
list with your Local Permit Officer to determine
which, if any, of these may apply to your project.
This is not a requirement of LAMA, only a sugges-
tion to help you complete your project as quickly as
possible. .
Zoning, Drinking Water Well, Septic Tank (or other
sanitary waste treatment system), Burning, Electri-
cal, Plumbing, Heating and Air Conditioning, In-
sulation and Energy Conservation, FIA Certifica-
tion, Sand Dune, Sediment Control, Subdivision
Approval, Mobile Home Park Approval, Highway
Connection, Others:

STATEMENT OF OWNERSHIP
I, the undersigned, an applicant for a CAMA minor development permit, begin either the owner of property in
an area of environmental concern or a person authorized to act as an agent for purposes of applying for a
CAMA minor development permit, certify that the person listed as landowner on this application has a sig-
nifica t interest in the real property described therein.. This interest can be described as follows: (check one)
7an owner of record title, Title is vested in%1Aw&o'/N0rtoCoeea"T/aJ Zi+r, see Deed Book 4B 3 6
page `fo ? in the C4 94E T County Registry of Deeds. G . ? 3 A �5
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in
County.
✓ if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this
application. 2&40e_DED F3voV-- 838 PAGE S10$
13-1 EASFMFNT- TH6 W6sT N 1M10✓Z0V0MJ!5PJ7' i¢ 4d 5"0' wi,n$!5-7
1311 EA1F-6f4Fr,1T- tHa 1C-t4Sr6X-tJ 147Wi* So' W1t9e_-
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I
have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
( 5r-Afi,60 to rOL.► 4 )
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this -lot. This explanation was accompanied by recommendations
concerning stabilization and floodproofing techniques.
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
This application includes: general information (this form), a site drawing as described on the back of this ap-
plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 made payable to
the locality, and any information as may be provided orally by the applicant. The details of the application as
described by these sources are incorporated without reference in any permit which may be issued. Deviation
from these details will constitute a violation of any permit. Any person developing in an AEC without a per-
mit is subject to civil, criminal and administrative action.
This the 1 day of -'YAN u 00w ,19AL.
4t"/ '�' . prts61*10or r
Land owner or"person authorized to act as his agent
for purposes of filing a CAMA permit application.

I OF 3
99-327
TOWN OF EMERALD ISLE
7500 EMERALD DRIVE
EMERALD ISLE, NC 28594
919/354-3338
DATE: January 12, 1999
TO: Patti Lyerly, Classified
FROM: Carol Angus, Inspections
SUBJECT: CAMA Permit Notification
**********************************************************************
Please publish on Wednesday, January 13, 1999
CAMA Permit Notice
Pursuant to NCGS 113A 119(b), Emerald Isle, a locality authorized to issue
permits in Areas of Environmental Concern, hereby gives NOTICE that on
January 12, 1999, The Hammerhead Corp., Inc, applied for a Minor Permit to
develop a portion of Sound Drive in Block 38, within a 50' right-of-way
according to Town of Emerald Isle specifications. The street to be dedicated to
the Town of Emerald Isle after completion of the project.
The application may be inspected at the address below. Public comments
received by January 25, 1999 will be considered. Later comments will be
accepted and considered up to the time of permit decision. Project modifications
may occur based on further review and comments. Notice of the permit decision
in this matter will be issued upon written request.
Carol Angus
Local CAMA Permit Officer
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594

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The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
January10,1998
Mrs. Martha Howe
PO Box 4549
Emerald Isle NC 28594
Dear Miss Howe, This notice is to inform you, as an adjoining property owner to Sunset Harbor Subdivision
Block 38 Emerald Isle, NC. The property is being reviewed by the local CAMA (Coastal Area Management
Agency) for development.
The proposed improvements under this permit application are street and utility improvements, and
subdivision into 7 lots approximately 96 ft. wide each.
All regulations required by CAMA, the State of North Carolina ,the Town of Emerald Isle, the County of
Careteret, and all Federal Agencies will be enforced.
If you have any questions, please contact your local CAMA officer Mr. John Yost at the Town of Emerald Isle
Building Inspections Department,. telephone [phone]).
Sincerely,
A5E� a,
Richard A Farrington Jr
President

Z 589 0l *--9-141
US Postal Service
The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
January10,1998
Mrs. Martha Howe
PO Box 4549
Emerald Isle NC 28594
Dear Miss Howe, This notice is to inform you, as an adjoining property owner
Block 38 Emerald Isle, NC. The property is being reviewed by the local CAK
Agency) for development.
The proposed improvements under this permit application are street and utility
subdivision into 7 lots approximately 96 ft. wide each.
All regulations required by CAMA, the State of North Carolina ,the Town of
Careteret, and all Federal Agencies will be enforced.
J hn Y
E
Receipt for cenlTiea mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street & N ber
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Post ice, State, BvZIP C
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Postage
$ r s
Certified Fee
1.40
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If you have any questions, please contact your local CAMA officer Mr. o 6,10. AVf
Building Inspections Department,. telephone [phone]).
Sincerely,
45E� a 4
Richard A Farrington Jr
President

Z 589 011 909
US Postal Service
The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
January10,1998
Mr. N.M. Gilmore
PO Box 192
Youngsville NC 27596
Dear Mr. Gilmore, This notice is to inform you, as an adjoining property owl
Subdivision Block 38 Emerald Isle, NC. The property is being reviewed by
Management Agency) for development.
The proposed improvements under this permit application are street and utili
subdivision into 7 lots approximately 96 ft. wide each.
All regulations required by CAMA, the State of North Carolina ,the Town o
f
Careteret, and all Federal Agencies will be enforced.
Receipt for Certified Mail
No insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
i
Street umber r
2
Post Office, State, & ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Ln
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Whom & Date
Retum
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0 TOTA Postage &Fees 1-
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If you have any questions, please contact your local CAMA officer Mr. John UL =MMU1
Building Inspections Department,. telephone [phone]).
Sincerely,
Richard A Farrington Jr
President
If you have any questions, please contact your local CAMA officer Mr. John UL =MMU1
Building Inspections Department,. telephone [phone]).
Sincerely,
Richard A Farrington Jr
President

Z 589 011 911
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
M— --• -
The Hammerhead Corporation Inc. 7e
209 Aberlady Bay treec
Emerald Isle NC 28594 '� �
Postage
January10,1998
Certified Fee
Spedal Delivery Fee
Miss. Joyce P. Clayton
Restricted DeGve
2614 My Willing Rd
�
Retum
Efland NC 27243
Recei
= Whom & Date'De 6
a Re tum Receipt °
Dear Miss Clayton, This notice is to inform you , as an adjoining propertj
Q Date, & Addressees
S bd' ' ' Bl lc 38 Emerald Tel NC The roe is bein reviewed b ,
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Management Agency) for development. CO Postrnark orDat
The proposed improvements under this permit application are street and u €
subdivision into 7 lots approximately 96 ft. wide each. c° (/SP1
All regulations required by CAMA, the State of North Carolina ,the Tow a
Careteret, and all Federal Agencies will be enforced.
If you have any questions, please contact your local CAMA officer Mr. John Yost at the Town of Emera
Building Inspections Department,. telephone [phone]).
Sincerely,
l467-
Richard A Farrington Jr
President

Z 589 07,E
US Postal Service
The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
January10,1998
G. F. Spell Estate
PO Box 4549
Emerald Isle NC 28594
To the Estate of G.F. Spell, This notice is to inform you, as an adjoining pro
Subdivision Block 38 Emerald Isle, NC. The property is being reviewed by t
Management Agency) for development.
The proposed improvements under this permit application are street and utili
subdivision into 7 lots approximately 96 ft. wide each.
All regulations required by CAMA, the State of North Carolina ,the Town o
Careteret, and all Federal Agencies will be enforced.
If you have any questions, please contact your local CAMA officer Mr. John
Building Inspections Department,. telephone [phone]).
p,
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Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse)
Sent to 6 F I' --,1 -
Street & umber
Post Office, State, & Zle Code e
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Postage
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Sincerely,
Richard A Farrington Jr
President

Z 589 011 914
US Postal Service
The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
January10,1998
Miss Helen B. Mattthews
120 Lonview Dr.
Fayetteville NC 28311
Dear Miss Matthews, This notice is to inform you , as an adjoining property
Subdivision Block 38 Emerald Isle, NC. The property is being reviewed by t
Management Agency) for development.
The proposed improvements under this permit application are street and utili
subdivision into 7 lots approximately 96 R wide each.
All regulations required by CAMA, the State of North Carolina ,the Town o
Careteret, and all Federal Agencies will be enforced.
ff Mr J hn
If you have any questions, please contact your local CAMA o tcer o
Building Inspections Department,. telephone [phone]).
f
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mail See reverse
Sent to
Stre & Number
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Sincerely,
�
Richard A Farrington Jr
President

The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
Z 589 011 916
US Postal Service
Receipt for Certified Mail
No Insurance Coverage44woidCd.
Do not use for International Mail See reverse
Sent to' )j
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Street & Number S '
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PosRtfice, Sta , & ZIP ode
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January10,1998 Postagd $ _ 5.!
Certified Fee L-1 0
Paxon M. Holz special Delivery Fee
106 Manatee Street Restricted Delive
Cape Carteret, NC 28584 Return Receipt I.W
ng ro
Whom & Date Delivered
Dear Mrs. Holz, This notice is to inform you, as an adjoining property owner t, _ wm Receiess4s A
Block 38 Emerald Isle, NC. The property is being reviewed by the local CAM,
c 'te,&aadrsse�'
Agency) for development. oco �orAt. Postage'h F s $ ,
The proposed improvements under this permit application are street and utility q) Postmark or Date
subdivision into 7 lots approximately 96 ft. wide each.
All regulations required by CAMA, the State of North Carolina ,the Town of E u-
Careteret, and all Federal Agencies will be enforced. a
If you have any questions, please contact your local CAMA officer Mr. John Yost at ttie I'own or Emeraldste
Building Inspections Department,. telephone [phone]).
Sincerely,
Richard A Farrington Jr
President

The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
Z 589 01.1 91�
us Postal service
Receipt for Certified Mail
No Insurarze coverage Provided.
Do not use for International Mail See rE
Sent to r 1.1 ► - - .4.-k—
'1-
January10,1998 Postage $
Certified Fee
Emerald Plantation Master Association Special Delivery Fee
9102 Coast Guard Rd. Restricted D AL /
Emerald Isle NC 28594
Retum owing to
Who m&Date eiivered
To Whom It may concern, This notice is to inform you, as an adjoining proper •a Re ReceO tt0 •
Subdivision Block 38 Emerald Isle NC. The property is being reviewed by the a Date, Addy _
Mann ement Agency) for development 0 70TA Po oe & Fees $ , a
8 o
The proposed improvements under this permit application are street and utility M Postrn ate
subdivision into 7 lots approximately 96 ft. wide each. E LISPS '
All regulations required by CAMA, the State of North Carolina ,the Town of Ei ' UO
Careteret, and all Federal Agencies will be enforced. n
If you have any questions, please contact your local CAMA officer Mr. John Yo
Building Inspections Department,. telephone [phone]).
�GG�ncerely,
Richard A Farrington Jr
President
At-

The Hammerhead Corporation Inc.
209 Aberlady Bay
Emerald Isle NC 28594
January10,1998
Mr. James Sandling III
PO Box 439
Youngsville NC 27596
Dear Mr. Sandling, This notice is to inform you, as an adjoining property owner to Sunset Harbor
Subdivision Block 38 Emerald Isle, NC. The property is being reviewed by the local CAMA (Coastal Area
Management Agency) for development .
The proposed improvements under this permit application are street and utility improvements, and
subdivision into 7 lots approximately 96 ft. wide each.
All regulations required by CAMA, the State of North Carolina ,the Town of Emerald Isle, the County of
Careteret, and all Federal Agencies will be enforced.
If you have any questions, please contact your local CAMA officer Mr. John Yost at the Town of Emerald Isle
Building Inspections Department,. telephone [phone]).
Sincerer
4z
Richard A Farrington Jr
President
Z 589 011 913
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mail See re
Sent to ,_— ! _t b
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Certified Fee 40
Special Delivery Fee
Restricted efivvery�-
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Whom & Date Delivered
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Author: "Daniel Sams" <[e-mail]> at Internet
Date: 1/22/99 9:42 AM
Priority: Normal
CC: Donna Moffitt at NROBA03P
CC: Charles Jones at NROBA03P
TO: Tere Barrett at NROBA03P
Subject: Hammerhead Corporation Development, Emerald Isle
-------------------------------- Message Contents ---------------------------------
Tere:
At your request, the owners of the Hammerhead Corporation, Billy
and Rick Farenton, met with me to discuss their Emerald Isle
development on January 6, 1999, to make a determination
regarding the need for Sedimentation and Erosion Control (S&EC)
plan approval for their project. I explained the generic requirements
of the Sedimentation Pollution Control Act, in particular the
conditions under which S&EC plan submission becomes manitory.
The plan they provided indicated street improvements of less than
one acre. The specific point of contention for this project was the
potential development of lots. If the Farentons are to sell their lots
and not grade or develop them themselves, the project can remain
under one acre in size and would not require S&EC plan approval.
However, the Farentons admitted that they did speculative building,
but that the vacant lots had worth that made it conducive to sell
them outright without preliminary grading; therefore, they had not
yet made a decision regarding individual lot development.
The conclusion brought from our meeting was that, if all information
provided to me was accurate, the developers had not yet planned
to exceed one acre of project grading; therefore, S&EC plan
application was not required to -date. However, before the
Farentons, regardless of their corporate identity, plan additional
land disturbance, it is necessary for them to make S&EC plan
application for the ENTIRE project, including the current land
disturbance in question. I was convinced that the Farentons
understood these contigenencies at the termination of our meeting.
I hope this addresses any questions you have regarding our
involvement in this situation. Thanks.
dan

Author: Donna Moffitt at NROBA03P
Date: 1/20/99 12:35 PM
Priority: Normal
TO: Ted Tyndall
CC: Charles Jones
Subject: letter from Emily Framer of 1/18/99
------------------------------- Message Contents --------------------------------
I am having her most recent letter FAXed to you and she copied
Charles. She is demanding that the Hammerhead Corp. development
major permit and she points out other compelling points. Please
determine if a major permit is appropriate and if so, notify the
developer, Emily and me or it not appropriate, let Emily and me
why not. Thanks.
be a
know

JAN, -21' 99 (THU) 12: 49 OEHNR GOSTAL MIT TEL: [phone] P. 001
�r
9920 81uf Road
Emerald Isle, NC 28594 ��������
252.354-6373
FAX [phone]
poet-Ir Fax Noto 7671j % r ��
To -r. From IL11 174A li
January 18, 1949
Ms. Donna Moffitt, Director l�—
Division of Coastal Management
NC Department of Environment & Natural Resources
272.8 Capital Blvd.
Raleigh, NC 27604
Re: Hammerhead Corporation, Emerald Isle
Dear Ms. Moffitt
I bavv just received a letter from Chutes Jones regardigg the status of Hammerhra$
C�a & t i t. I fwditper�Iexing Viat your ag =y is allowing this new
eul division ttpCev�t e I C [-peanut applicirtions instead of
reviewing the project u er one major LAMA permit
The "minor" permit application for developing the new street for the subdivision fails to
include inform lion. required by 15A 0710203 (c). This application should be considered
irw irctplete until this information. is obtained. Ditoe it is provided, you will see that the raad
is essential for the entire subdivision. Also when you are We to add up the amount of land S
that will be disturbed by the road, driveways (not shown on the permit application), and S
seven multi -family condor- ttium buildings, more than an acre of ground will be disturbed JOT -
by this project.
The application for the minor CAMA permit dJesc-ribes the project as "Subdivision street
improvements" but the 50-foot right-of-way for the proposed stet widening and extension
isn't owned by the developer; it is owned by the Torun of Emerald Isle. In essence, the
Town is requesting a permit from itself for this project. Wbat is your Wiry re aarrdin sg, uch
a sittiation where the an0licant is also the permitting letting 3 ertcy�
Finally, as stated in my letter of Docetnber 30, 1998, the construction and improvements to
die Town road are not exempted as "N%n-Conforming Development" since the road will be
enlarged beyond its original dimensions to accommodate the subdivision. These changes,
plus driveway access across the right-of-way to the severs lots, will result in a "built -upon"
area well in excess of 40 percent of the Town property. To be in compliance with the
CAMA regulation, the developer must obtain additional pervious areas from within his
subdivision lots. According to the map accompanying the permit application, a copy of
which I have enclosed, he has not done this. Perfiaps more importantly, this further
illustrates the need to review this project in its eatirety.
Once again, I ask you to mquire a 'Yfi4or- CAMA permit fen' the entire project This new
subdivision is witltiu art Outsr utding Wsource Waters estuarine shoreline area of
environmental concern. The road is being improved and expanded to serve the

JAN.-2V 99(THU) 12;51 DEHNR COSTAL MGMT
TEL:[phone] P.002
subdivision, and is essential to the overall development, The "minor" permit process has
resulted in regulatory mistakes, and the current pending permit application is missing
required information. b== it fails to accurately descnbe the complete development
proposal. A major permit application is needed to ensure that the total built -upon area
within the entire project does not exceed 25 percent of the project site.
'-`lti'11akyou for responding to my question and considering my regtgst.
Sincerely,
7'6e�� �--.—
Emily Farmer
encl.
cc: Bill Holman, DENR
Ricer Shiver, DWQ
Charles Jones, ACM
Dan Sams,13LQ
Todd Miller, NCCF

f '
Emily K. Farmer
9920 Bluff Road
Emerald Isle, NC 28594
252-354-6373
FAX [phone]
December 30, 1998 JAN 0 4 1999
Ms. Donna Moffitt, Director
Division of Coastal Management
NC Department of Environment & Natural Resources
P.O. Box 27687
Raleigh, NC 27611-7687
Fax: [phone]
Re: Notice of Violation, Hammerhead Corporation, Emerald Isle
Dear Donna:
Thanks for your letter of November 13, 1998 concerning the 6-plus-acre soundfront
subdivision planned for development in Emerald Isle by Hammerhead Corp. You stated
"the widening and extension of the street to the subdivision will require a CAMA permit."
And yet this work was begun without one. Yesterday I contacted John Yost of the Emerald
Isle building inspections department who stated that the Town was treating the
improvements as a "utility" and that he was "not aware" the road was totally within the
CAMA 575-foot setback. I then called Charles Jones of the DCM Morehead City office
who indicated a CAMA permit was indeed needed and said someone from his office would
go to Emerald Isle today.
Mr. Jones also stated that because these changes to the existing road were being made
solely to provide access to the lots in the subdivision that it should be included in the
developers' 25% built -upon CAMA limit. I reminded him that Hammerhead Corporation is
seeking to obtain individual minor CAMA permits for each of the lots within the
subdivision. This allows the developer to avoid applying for a major CAMA permit for the
entire subdivision including its "essential" access road. Minor permits do not trigger other
regulatory requirements, such as a sedimentation and erosion control plan from the NC
Division of Land Quality, a stormwater permit from the NC Division of Water Quality, or a
stormwater plan from the Town.
Having just re -read the CRC's regulations pertaining to CAMA permit applications, I
believe that they clearly require full disclosure of total development plans. The rules say
that "any maps or plans that have been prepared to meet other regulatory requirements..."
should be included in the permit application. The subdivision map and individual lot maps
prepared by the developer for the Town clearly show the development including the road
will disturb more than an acre of land, and involve more than 25% built -upon area (when
the road paving is included). Therefore, a sedimentation and erosion control plan should
have been required along with a major CAMA permit.
If you elect to allow the developer to proceed with applying for minor permits for each lot
within this subdivision, the Town must then be required to apply for a CAMA permit to
build and improve the access road to the subdivision since it is entirely within the estuarine
shoreline AEC. The existing road is not adequate for the subdivision, and by Town

ordinance must be enlarged and paved. It is not exempted as a "Non -Conforming
Development" since it will be enlarged beyond its original dimensions to accommodate the
subdivision. This application should show how the town will comply with the 25% built -
upon limit for this development activity within the estuarine shoreline AEC.
Unauthorized development is now occurring on the road. I respectfully request that you
issue a "stop work" order to prevent any further road work until all permit requirements are
satisfied, including public notice of the application for the roadway. Please inform me of
any actions you take with regard to this development.
Thank you for your help on this matter and for working to protect water quality in Bogue
Sound.
Sincerely,
Emily Farmer
cc: Bill Holman, DENR
Rick Shiver, DWQ
Charles Jones, DCM
Dan Sams, DLQ
Todd Miller, NCCF

I
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
January 13, 1999
HCDENR
.JAMES B. HUNTJR Ms. Emily Farmer
GOVERNOR
9920 Bluff Road
Emerald Isle, NC 28594
Dear Ms. Farmer:
WAYNE MCDEVITr
SECRETARY `
This is in response to your letter of December 30, 1998, to Donna Moffitt concerning the
construction of a road in the Town of Emerald Isle by the Hammerhead Corporation. The road
construction is being undertaken within the Estuarine Shoreline Area of Environmental Concern
DONNA D McFITT djacent to the Outstanding Resource Waters of Bogue Sound. Ms. Tere Barrett of our
'DIRECToR .Morehead City office has tried to reach you several times but has only been able to leave voice
Mail messages.
.The developers have been issued a stop work order and they are in the process of applying for
a CAMA minor development permit for this development. It is my understanding that the
developers have met with the Land Quality Section of the Division of Land Resources and
- discussed their plans to develop the road system and at least one of the lots. I believe they were
informed that a Sedimentation and Erosion Control Plan would not be required. Since
apparently no other state or federal authorization is needed for the development, a CAMA minor
permit is required. It is also my understanding that the subdivision has or is being modified so
that the road and built upon surfaces for each individual lot does not exceed 25 % of the project
site.
-, Thank you for your interest in this matter. If you have any further questions, please do not
hesitate to contact Ms. Tere Barrett or me at our Morehead City office.
Sincerely,
oo� .
y�
:Charles S. Jones
"Assistant Director
Y w cc:
Donna Moffitt
Tere Barrett
Ted Tyndall
t#F
Dan Sams, Div. of Land Resources
Carol Angus, Town of Emerald Isle
MOREHEAD CITY OFFICE
? '
HESTRON PLAZA II 151-B HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

w
S
'41
_V f ..
Ms. Emily Farmer
9920 Bluff Road
Emerald Isle, North
i ''s•; Dear Ms. Farmer:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
November 13, 1998
Carolina 28594
NOV 1 8 1998
='? Thank you for your letter concerning the plans to
develop an approximately 6 acre tract of land located
t✓�,,. adjacent to Bogue Sound, in the Town of Emerald Isle. I
have asked our Morehead City District office to look into
your concerns and they have reported the following.
The proposed subdivision will be located within the
Estuarine Shoreline Area of Environmental Concern(AEC)
since it is located within 575 feet of the Outstanding
Resource Waters (ORWs)of Bogue Sound. While the
pY subdivision of lots is not considered a development
activity under the Coastal Area Management Act(LAMA), the
`'- placement of infrastructure to support a subdivision often
is. In this case, the widening and extension of the street
to the subdivision will require a CAMA permit. Individual
lot development is not proposed at this time but it can be
=. assumed that future development within the subdivision will
be subject to CAMA permitting requirements.
If a development requires any other state or federal
permit, licencing, authorization or approval, it is
considered to be major development and the permitting is
done by the Division of Coastal Management. If an activity
does not meet the major development criteria, then it is
considered minor development and is typically permitted by
local governments.
Regardless of whether the project is major or minor,
development must be consistent with the Town's Land Use
Plan and meet the Coastal Resources Commission's rules for
shoreline development adjacent to ORWs. These rules limit
the built upon area within 575 feet of the water to be no
more than 25% and require a minimum buffer of 30 feet from
Bogue Sound.
We understand from the Town of Emerald Isle that this
project will not require any other state or federal
approvals and therefore, is subject to the minor
P.O. Box 27687, RALEIGH, NC 2761 1-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

F
Ms. Emily Farmer
Page 2
November 13, 1998
permitting process. A public notice will be published at the time of
permit application and I would encourage you to submit any concerns
to the Town at that time.
I do understand your concerns but the CAMA law limits what we
can consider as development activities and what constitutes major
development. The Coastal Resources Commission is presently
considering changes to its shoreline rules. These changes should
provide better regulatory standards for the protection of our coastal
resources. I hope you will follow and participate in these efforts.
Sincerely,
Donna D. Moffitt l�
cc: Bill Holman
Charles Jones
Ted Tyndall

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X ` PARKER & ASSOCIATES INC
\CONSULTING ENGII14EERS LAND SURVEYORS LAND PLANNERS
�\ f P O. OOX 976 JACKSONVILLE NC 28541.0976
N� tlN�
FIELD BOOK:INSP. F.B. /4, PG. 17,18
DISK NAME: ACAD 451
\ ! 9 FILENAME: TNSPRL.DWG DAD
REV. 11/06/98 LAM — ADD EASEMENT, PIN, NEW FLOOD LINES, REM NOTE #5, CHG. S/D NAME o JOB NO.: S980923-2480
SI TE
EMERALD
PLANTATION
VICINITY MAP - NOT TO SCALE
LEGEND
E.I.P. - EXISTING IRON PIPE
E.C.M. - EXISTING CONCRETE MONUMENT
N.I.R. - NEW IRON ROD
E.I.R. - EXISTING IRON ROD
R/W - RIGHT-OF-WAY
� - CENTERLINE
GV - GATE VALVE
FH - FIRE HYDRANT
M.B.L.- MINIMUM BUILDING LINE
ACT DATA:
TOTAL ACREAGE = 6.75 AC
NO. OF LOTS = 7
ZONING = RMF
PIN NO. 538307689721
BLOCK NO. 38
MIN LOT WIDTH 75'
MIN LOT AREA = 12,000' S.F.
NOTES:
1. BOUNDARY INFORMATION TAKEN FROM A MAP
ENTITLED "BOUNDARY SURVEY FOR W. B. MCLEAN
RESIDUARY TRUST "COON CROSSING NORTH"," PREPARED
BY ALAN BELL SURVEYING, P.A., DATED JULY 29, 1t".
2. GROUND TOPOGRAPHY DIGITIZED FROM MAPS SUPPLIED
BY OWNER.
3. FLOOD ZONE INFORMATION TAKEN FROM FIRM PANEL:
TOWN OF EMERALD ISLE
CPN 370047 0002 D
(ErFCI:IIYE 19VO)
4. MIN. BUILDING SETBACKS:
FRONT YARD — 30'
SIDE STREET — 20'
SIDE YARD — 15'
REAR YARD — 15'
Area of Environmental Concern Standards
This subdivision conforms to the standards of the North
Carolina Coastal Area Management Act of 1974. and is not
located within on Area of Environmental Concern.
Local Permit Officer Date
PRELIMINARY PLAT
SUNSET HARBOR
WHITE OAK TWP., CARTERET CO., NORTH CAROLINA
OWNER: HAMMERHEAD CORPORATION, .INC.
209 ABERLADY WAY
EMERALD ISLE, NC.
GRAPHIC SCALE: 1 "=50'
DATE: 10/6/98 0 50 100Aso
SCALE: 1 "=50'
Parker & Associates, Inc. ,,�►�
Consulting Engineers - Land Surveyors - Land Planners
P.O. Box M - 306 Now Bridge Street
Jacksonville, North Carolina - 28541-0978
Phone [phone] - leas [phone]