HomeMy WebLinkAbout165-03 Bullard, Rick rClass Permit Number
'' 165-03
STATE OF NORTH CAROLINA
Department of Environment and Natural rces
andCoastal Resources Commissio ermitSW
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Rick Bullard, 840 Plantation Drive, Burlington, NC 27215
Authorizing development in Pamlico County at Smith Creek, Lot 27 Shoreline Ct., Oriental
Plantation. near Oriental , as requested in the permittee's application dated 8/26/03. including
attached workplan drawings (2), both dated received 8/27/03.
This permit, issued on November 7,2003 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void.
Boathouse
1) This permit authorizes only the boathouse and finger piers adjacent the existing pier as expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, may
become a permanent part of this docking facility without permit modification. No non-water dependent
uses of structures may be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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.
Donna D. Moffitt, Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Rick Bullard Permit#165-03
Page 2 of 3
ADDITIONAL CONDITIONS
3) The boathouse and associated structures shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's riparian access corridor.
4) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
5) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
6) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
8) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
9) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
10) This permit does not authorize any additional boat slips.
General
11) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 prior to the commencement of any
such activity for this determination.
NOTE: The permittee is advised that any development or land disturbing activity that is considered non-
water dependent is not authorized within 50 feet of the normal water level unless specifically
exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in
place at the time of such development.
Rick Bullard Permit#165-03
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
031140.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200410520.
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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 10, 2003
Mr.Rick Bullard
840 Plantation Drive
Burlington,NC 27215
Dear Mr. Bullard:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form)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.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS I I3A-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, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
The project plan 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, or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
R
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mr. and Mrs. Rick Bullard
PROJECT NAME:
2. LOCATION OF PROJECT SITE: Pamlico County at Lot #27 on Shoreline Ct. in Oriental Plantation, on
Smith Creek near Oriental
Photo Index - 2000: 79-877 X:18 1995: 79-867 H:6
State Plane Coordinates - X: 2,685,407 Y: 478,053
Arapahoe Quadrangle Lower Right
GPS File #M070914B
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—July 9, 2003
Was Applicant Present—Agent Yes
5. PROCESSING PROCEDURE: Application Received—August 27, 2003
Office—Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Pamlico County
Land Classification From LUP—Rural with Services (Land), Conservation (Water)
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing-None
Planned - Septic tanks
(F) Type of Structures: Existing—Bulkhead and Pier
Planned - Boathouse and finger piers
(G) Estimated Annual Rate of Erosion: None
Source—Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B)Non-Vegetated Wetlands 789 ftz
Creek Bottom Shaded of that
506 ftz
Usurped
(C) Other
Uplands
(D) Total Area Disturbed: 789 ft2 0.02 ac
(E) Primary Nursery Area: Yes
(F) Water Classification: SC HQW NSW Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a 17.3' by 39' boathouse, a 3' by 17.5' finger pier
and a 3' by 37' finger pier adjacent to the existing pier.
Mr. and Mrs. Rick Bullard
Pamlico County
Project Setting
The applicant owns three lots with a combined area of 2.07 acres adjacent to Smith Creek
near Oriental in Pamlico County,North Carolina.The property is located off NCSR 1311 at Lots#25,
26, and 27 on Shoreline Ct, in the Oriental Plantation Subdivision. The site is in a developed
residential neighborhood and is vegetated with a mix of pines, shrub species,poison ivy, catbrier,
and scattered bay trees.Elevation of the property is 7 feet above the normal water level.The water is
approximately 3.5 feet deep at the end of the pier structure. The applicant has an existing 6'x 100'
pier with a 45'x 8'L-head.Adjacent to the pier is a 12'x 14' slip with a boatlift.Most of the shoreline
is vegetated with coastal marsh species,and fingers of this vegetation extend inland on both sides of
the property. These wetlands are dominated by Spartina cygosuroides and Juncus roemerianus with
wax myrtles and cedar trees along the upland border. The 40' section of high ground that borders
Smith Creek has been stabilized with a vertical wooden bulkhead. The pier leaves the property from
the center of the bulkhead.
The property is located in a small residential neighborhood on the south shore of Smith
Creek. The properties to the east and west of the project area are developed lots with single-family
residences.Both properties have private piers with slips for two vessels.The shoreline in this area is
natural and contains several areas of coastal wetlands extending from the creek, landward
approximately 100 to 200 feet.Uplands on the lots are vegetated with landscape plants,mixed pines,
upland grasses and scattered hardwoods.
At this location, Smith Creek is classified SC HQW NSW by the Environmental
Management Commission. The NC Division of Marine Fisheries classifies this portion of Smith
Creek as a Primary Nursery Area.The property is located in the Neuse River Basin,and is subject to
the Environmental Management Commission's(EMC)Neuse River Basin Nutrient Sensitive Waters
Management Strategy. The waters are closed to the harvesting of shellfish.
Project Description
The applicant proposes to construct a 17.3' by 39' boathouse in the location of the existing
boatlift and to construct two finger piers. One finger pier would measure 3' by 17.5' and the other
would be 3' by 37'. The finger piers would extend across the front and on the north side of the
proposed boathouse.Half of the catwalks will be under the roof,and half would not.Addition of the
finger piers would bring the total platform square footage to 442 square feet. The applicant owns a
30'boat,and requires the additional square footage of coverage in order to adequately store his boat.
Anticipated Impacts
The project as proposed would impact 789 ft2. The boathouse and finger piers would shade
789 ft2 of creek bottom and would usurp an additional 506 ft2 of Public Trust Area.As proposed,the
entire pier structure would provide permanent slips for one vessel. Short-term localized turbidity
would result from construction.
Tracey L. Wheeler—5 September 2003
Form DCM-M -1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
NEAR ORIENTAL
1. APPLICANT
c. Street address or secondary road number
SHORELINE CT
a. Landowner:
Name RICK BULLARD d. Is proposed work within city limits or planning
jurisdiction? Yes X No
Address 840 PLANTATION DR . e. Name of body of water nearest project (e.g. river,
City B U R L I N G T O N State N C creek, sound, bay) SMITH CREEK
Zip 27215 Day Phone 336-222-8554
Fax 3 3 6—2 2 9—9 8 9 0 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name D A V I D S I M P S O N C O N S T . CO . , INC . a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P 0 BOX 590 CONSTRUCT ION OF A BOATHOUSE
ROOF WITH A 3 ' WALKWAY ON ONE
City ORIENTAL State N C END AND ONE SIDE .
Zip 28571 Day Phone 2 5 2—2 4 9—13 81 b. Is the proposed activity maintenance of an existing
project, new work, or both? N E W
Fax 252-249-2253
c. Will the project be for public, private or commercial
use? PRIVATE
c. Project name (if any)
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
N07F. Permit will be issued in name of lan,downer(s), and/or project. If more space is needed, please attach
additional pages. THE ROOF WILL BE TO
project name. COVER A BOATLIFT AND BOAT . THE
USE WILL BE STRICTLY PRIVATE AND
FOR ROUTINE BOATING USE . THE
2. LOCATION OF PROPOSED MATERIAL WILL BE TRANSPORTED OVER
PROJECT THE LOT TO THE WATER BUT
CONSTRUCTION WILL TAKE PLACE
FROM THE WATER
a. County P A M L I C O
Revised 03195
i
Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER NONE
CHARACTERISTICS
a. Size of entire tract 2 . 07 ACRE - TOTAL 3 LOTS n. Describe location and type of discharges to waters
2 5- 20053 S q FT of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) 2 6- 2 2 6 6 8 S q F T wastewater, industrial/commercial effluent, "wash
- 47453 SQ FT down" and residential discharges.)
c. Approximate elevation of tract above MHW or SURFACE RUNOFF
NWL 7 ' +/-
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
YONGES-ALTAVISTA - FORK COUNTY
e. Vegetation on tract WOODED - MIXED
HARDWOOD AND PINE
f. Man-made features now on tractD R I V E W A Y,
BULKHEAD & DOCK 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the focal land use plan.) In addition to the completed application form, the
following items must be submitted:
Conservation Transitional
Developed Community • A copy of the deed (with state application only) or
X Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
N o T ZONED forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X Yes No
(Attach zoning compliance certificate, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7J.020� for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes X No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? _y Yes No Engineers regarding that agency's use of larger
Coastal (marsh) X Other X drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? YES requirements and it must be sufficiently detailed to
(Attach docunrntation, if available) guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1 `L 7 2003
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal approved Coastal Management Program and will be
Management. Upon signing this form, the applicant
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name John K n a u t h I certify that I am authorized to grant, and do in fact,
Address P O BOX 4 ORIENTAL , NC 2 8 5 7 1 grant permission to representatives of state and federal
Phone 2 5 2-2 4 9-3131 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
_ Name John V a l a s G i G permit application and follow-up monitoring of the
Address P 0 BOX 492 ORIENTAL , NC 28571 project.
Phone 252-249- 2244
1 further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
This is the Z6 day of4(�'S�, w2j0.3
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name c-J MPS D
permittee, and issuing dates.
Signature
caner or A.thorize gent
• A check for g250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources
project.
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
x DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03195
Form DCM-MP4
7 003
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys N/A
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial Community _Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community X Private
(2) Number
(3) Length (4) Width of water body
(4) Width (5) Distance buoy(s) to be placed beyond
(5) Finger Piers X Yes No shoreline
(i) Number 2
(ii) Length 17 . 5 ' & 37 ' f. Mooring structure (boatiift, mooring pilings, etc.)N/
(iii) Width 3 ' & 3 ' (1) _. Commercial _Community —Private
(6) Platform(s) Yes X No (2) Number
(i) Number (3) Length
(ii) Length (4) Width
(i;;) wrath
(7) Number id slaps -sedNO ADDITIONAL g. Other (Give complete description) N/A
(8) Proximity of structure to adjacent riparian
property lines SEE PLAN VIEW
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL -3 . 5 '
b. Boathouse (including covered lifts)
(1) Commercial X Private M�
(2) Length 39
(3) Width 1 7 ' —4" ;iZgmurel
roject
c. Groin (e.g. wood, sheetpile, etc.) N/A t
(1) Number 2r �
(2) Length(s) pa
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
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Permit#
DCM Coordinator: </S
MAILING DISTRIBUT,IION:
Permitee: 111 ) AGIe- /✓�/�
Agent: �C�rip of/JYI�Se/Y C�2f�
DCM Field Offices:
L
Morehead City
washingteff-
US Army Corps of Engineers(USACE):
Washington: ..4ke4..4,-4 )
Raleigh Bland
Wil ng DOT)
Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patti Fowler
State Property Office: Joseph Henderson
Water Quality: John Dorney
J10hirHunnessy (TIC-DOT)
Water Resources: John Sutherland
Wildlife Resources: David McHenry
B effl%U W-Y4
D &T)
Tra OT)
FAXING DISTRIBUTION:
Permitee at -33 -;�a T '��l 0
Agent at a y9 -:Z a s3
DCM Field Offices:
Riizabetirefty
Morehead City
Washing=
NAZilmingtoft
US Army Corps of Engineers(USACE):
Washington: Mike Bell (N66E)OT-)
S'
Raleigh Bland
Wilmin ave T' DOT)
Updated as 2/28/03
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Mr. &Mrs. Rick Bullard County: Pamlico
LOCATION OF PROJECT: Lot#27 on Shoreline Court in Oriental Plantation, on Smith Creek near Oriental
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 08/27/03
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Tracey Wheeler DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: Q/io 1u3 FEE REC'D: S ZEo."o/op%
PUBLIC NOTICE REC'D: 0q 1 j p 10 3 END OF NOTICE DATE: 09
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: sd4 ON: 9- 2"�3
C) 75 DAY DEADLINE: I.,11olpS 150 DAY DEADLINE:
MAIL OUT DATE: �� STATE DUE DATE: _ LQ
FEDERAL DUE DATE: FED COMMENTS REC'D: 17w3
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON I v3
AGENCY DATE OBJECTION NOTES
COMMENTS S:
RETURNED YES NO
Coastal Management-Regional Representative y lee/u3 f
Coastal Management-LUP Consistency /0/27 0 3 ✓
Division of Community Assistance cf`j81v3
Land Quality Section V1110.3 t4h G
Division of Water Quality l O 03
Storm Water Management(DWQ) 1 t�l, ju ✓ 4
State Property Office
Division of Archives&History l 0 i o3
Division of Environmental Health tO 3
Division of Highways to /4 lv'a ✓
Wildlife Resources Commission i U 3103
Division. of Water Resources
Division of Marine Fisheries �(%�,7e�JU 3 ✓ l�� ¢i 0113/03 e m.&�l
Submerged Lands(DMF) Inn
GTtJ• l
MEMO
To: Doug Huggett
From: Mike Christenbury
Subject: Consistency Determination, Major Permit Application,Rick Bullard,
Pamlico County
Date: October 27, 2003
The applicant's property is located at lot#27 on Shoreline Court on Smith Creek near
Oriental in Pamlico County. The applicant proposes to construct a 17.3' by 30'
boathouse, a 3' by 17.5' finger pier and a 3' by 37' finger pier adjacent to the existing
pier.
Areas of Environmental Concern (AEC's)impacted by the proposal include Estuarine
Waters, and Public Trust Areas. Waters at the project site are classified as SC HQW
NSW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 1992 Pamlico County Land Use
Plan Update and offer the following comments.
The general area of the project is classified as Rural with Services, while the AECs
impacted by the work are classified as Conservation.
In general,Pamlico County allows development in Conservation classified ABCs which
is consistent with the State's minimum use standards. The Pamlico County Land Use
Plan contains some local policies which exceed 7H guidelines including those for Marina
and Floating Home Development. However,none of these more restrictive local
standards appear to be applicable to this project.
Provided all local, state and federal requirements can be met, this project appears to be
consistent with the amended 1992 Pamlico County Land Use Plan Update.
Cc: Charles Jones
Ted Tyndall
Randy Beeman
W ATF9QG Michael F.Easley,Govenor
William G.Ross,Jr.Secretary
rDepartment of Environment and Natural Resources
> .l
p Y Alan W.Klimek,P.E.., Director
Coleen H.Sullins,Deputy Director
October 24, 2003
Mr. Rick Bullard
840 Plantation Drive
Burlington, North Carolina 27215 REED
Subject: Boat House OCT 2 8 2003
SW7030909
Pamlico County JW000 OW1
Ow
Dear Mr. Bullard:
This office received your CAMA Permit application and supporting information on
September 11, 2003. Staff review of the plans and specifications has determined that the project,
as proposed, will not consist of any significant amount of new impervious surfaces on site. For
this reason, your project should not pose surface water quality threats from stormwater runoff.
The Director has determined that projects that are reviewed and approved by the Division as not
posing water quality threats from stormwater runoff should not be subject to the stormwater
management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing
you by way of this letter that your project will not require a stormwater management permit at
this time.
Please keep in mind that this determination does not affect your legal requirements to
obtain other permits which may be required by the Division of Water Quality, the Division of
Land Resources, Coastal Area Management Act or any other Federal, State or Local
Government. Any future modifications to the project may require an additional review from this
office to assure that stormwater impacts are not an issue.
If you have any questions or need additional information concerning this matter, please
contact Mr. Robert Tankard at (252) 946-6481, extension 233.
Sincerely,
Jim Mulligan
Regional Water Quality Supervisor
cc: P mlico County Inspections
oug Huggett
Washington Regional Office
Central Files
943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215
An Equal Opportunity Affirmative Action Employer
WAIF Michael F.Easley,Governor
0 R William G.Ross Jr.,Secretary
\OCR pG North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.,Director
Division of Water Quality
OColeen H.Sullins,Deputy Director
Division of Water Quality
October 6,2003
DWQ#03-1140
Pamlico County
Rick Bullard
840 Plantation Drive
Burlington, NC,27215
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Bullard:
You have our approval, in accordance with the attached conditions,to usurp and shade 0.02 acre of non-vegetated wetlands in
order to construct a boathouse and pier at Lot 27 on Shoreline Court in Oriental Plantation in Pamlico County,as described in your
application received by the Division of Water Quality on September 11,2003. After reviewing your application,we have determined that
this fill is covered by General Water Quality Certification Number 3400,which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal
Management. In addition,you should get any other federal,state or local permits before you go ahead with your project including(but not
limited to) Sediment and Erosion Control, Non-Discharge,Water Supply Watershed and U.S.Coast Guard regulations. Also this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project(now or in the future) exceed one acre,compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional
conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed;
If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing,send a written petition conforming to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, N.C.27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions,please telephone Tom Steffens in our Washington Regional Office at(252)946-6481 or Cyndi Karoly in our Central Office in
Raleigh at(919)733-9721.
Sincerely,
Alan . Klimek, P.E. V
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
David Simpson Const. Co., Inc., P.O. Box 590, Oriental, NC,28571
031140
Aft
N.C.Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
(919)733-1786(phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands)
Customer Service#: 1-877-623-6748
RECEIVED
°"A � OCT 0 g 2003
3ROF00AVrALMA mew,,
•@« WROH
STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
WCHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDo TwPETT
GOVERNOR September 30, 2003 SECRETARY
Mr. Doug Huggett, Major Permits Processing Coordinator
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 28699-1638
Subject: CAMA Permit Application—Construct a 14.3' X 39' Boathouse, a 3'X17.5'
Finger Pier and 3' X 37' Finger Pier Adjacent to the Existing Pier in
Pamlico County
Mr. Doug Huggett,
The permit application was submitted to this office for review. Find attached the completed
form as requested.
This agency has no comment for the project. It occurs a distance well off the highway right
of way on a non-system road in Pamlico County.
Should you have any questions or need additional information, please advise. My number in
the New Bern district office is (252) 514-4716.
Sincerely,
Z�2�—
Aaron C. Everett
District Engineer
ACE/rrf
attachment
Copy: Roberto Canales, P.E., Chief Engineer's Office
Dwayne Alligood, P.E., Division Maintenance Engineer
Ken Mason, County Maintenance Engineer- w/attachments
Division Two•District Two 9 209 S. Glenburnie Road a New Bern,N.C. 28560•Phone(252)514-4716
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
,t
September 15,2003 SEP 17 M
DIVISION OF
MEMORANDUM WATER RC-SOIIRtEB
TO: Mr. John Sutherland,Chief
Water Planning Section RECEDED
Division of Water Resources
FROM: Doug Huggett OCT 2 9 2003
Major Permits Processing Coordinator
A.OFG'OAA�LM GCMEl11
SUBJECT: CAMA PERMIT APPLICATION REVIEW
GH
APPLICANT: MR. AND MRS. RICK BULLARD
PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON
SMITH CREEK NEAR ORIENTAL.
PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER
PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE
EXISTING PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
4k— This agency has no comment on the proposed project.
This agency approves of the project,only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE r { 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us
An Equal opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 15,2003
MEMORANDUM
SEP 2 3
TO: Mr. Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: MR. AND MRS. RICK BULLARD
PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON
SMITH CREEK NEAR ORIENTAL..
PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER
PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE
EXISTING PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
vl� This agency has no comment on the proposed project.
This agency approves of the project,only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 3 O O 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
f
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 15,2003
MEMORANDUM RECEIVED
OCT 0 3 2003
TO: David McHenry
Wildlife Resources Commission 10FCQ�� G�'i
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: MR. AND MRS. RICK BULLARD
PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON
SMITH CREEK NEAR ORIENTAL.
PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER
PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE
EXISTING PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
/This agency has no objection to the project as proposed.
✓/ This agency has no comment on the proposed project.
This agency a roves of the project, only if the recommended changes are incorporated.
Tliis agency obje s to the project for reasons described in the attached comments.
/ J
SIGNED DATE 6� Z'y3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
A7�
A-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Donna D. PAoffitt, Director Vlillia-G. Ross Jr., Se,re;a y
September 9, 2003
MEMORANDUM: MONO
SEP V 8'2003
TO: Mr. Tom Richter MO
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Mr. &Mrs. Rick Bullard
Project Location: Pamlico County: Lot # 27 on Shoreline Court in Oriental Plantation, on Smith
Creek near Oriental
Proposed Project: The applicant proposes to construct a 17.3'x 39'boathouse,3' x 17.5' finger pier,
and a 3' x 37' finger pier adjacent to the existing pier.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 30, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
L- This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED GC- DATE .3
151-B Hwy. 24, Hestron Plaza II, Prlorehead City, North Carolina 28557
Phone: 252-808-28081 FhX: 252-247-33301 Internet: www.nccoastalmanaaement.net
An Equal Opporurity 1 A^,rrna:ive Action Err,p(oy?r—501,a Recyc.ed 110%Pos:CensaTa';:__
NCDENR SEP 17 2003
North Carolina Department of Environment and Natural Resources,#,,o(,p," OFFICE
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 15,2003 V03
'), 3 5
MEMORANDUM 0
TO: Ms. Renee Gledhill-Early,Director
RECEIVEW 4k
Division of Cultural Resources OCT 0 1 2003
Archives& History Building
Jry.pF 00A6TALMANAGEMEN,
FROM: Doug Huggett FlALC
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
a444,
I t Co 0 .
APPLICANT: MR. AND MRS. RICK BULLARD
PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON
SMITH CREEK NEAR ORIENTAL.
PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER
PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE
EXISTING PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED V=&=&&L ��O &i
DATEI/Ovo 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 2003
SEP � �
Q REED
nr.T 0 2 2
NCDENR o03
North Carolina Department of Environment and Natural Resources AV OFCOA�TALMANAGEftr,
Division of Coastal Management RAo
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 15,2003 1
FT)
MEMORANDUM 2 9
TO: Mike Kelly,Acting Director �_-------
Division of Environmental Health SHEt-t-PISH SANITATION
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: MR. AND MRS. RICK BULLARD
PROJECT LOCATION: LOT #27 ON SHORELINE CT. IN ORIENTAL PLANTATION, ON
SMITH CREEK NEAR ORIENTAL.
PROPOSED PROJECT: CONSTRUCT A 17.3' BY 39' BOATHOUSE, A 3' BY 17.5' FINGER
PIER AND A 3' BY 37' FINGER PIER ADJACENT TO THE
EXISTING PIER.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 6, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
/ This agency has no objection to the project as proposed.
✓ This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNEDIWIl� DATE 9 _0�4 'p
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity t Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. bloffitt, Director V illia--G. Ross Jr.,Secra;ary
September 9, 2003
MEMORANDUM:
TO: Mr. Preston P. Pate, Jr.,Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Mr. &Mrs. Rick Bullard
Project Location: Pamlico County: Lot # 27 on Shoreline Court in Oriental Plantation, on Smith
Creek near Oriental
Proposed Project: The applicant proposes to construct a 17.3'x 39'boathouse,3' x 17.5' finger pier,
and a 3' x 37' finger pier adjacent to the existing pier.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 30, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: �' This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED .,fie-Gy,,,i �C DATE
151-B Hwy. 24, Hestron Plaza II, h^orehead City, North Carolina 28557 U.�
Phone: 252-808-28081 Fr,X: 252-247-33301 Internet: www.nccoastalmanaaem n t
An Equal Opporurity 1 Affirma:ive Action Errp:oy e —501,a Ren c!ed 110%Pos:Censwnc �--{° �k+ �T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 12, 2003
John A. Knauth
PO Box 4
Oriental, NC 28571-0001
Dear Mr. Knauth:
Thank you for your September 9, 2003, letter concerning the Coastal Area Management
Act (CAMA) Major Development Permit application submitted by Rick Bullard seeking
authorization to construct a boathouse and two finger piers. As you may be aware, the Division
of Coastal Management is coordinating a multi-agency state and federal review of the proposal.
I can assure you that your comments will be examined and taken into consideration prior to the
Division taking final action on this permit application, and you will be informed of this final
action.
The Division appreciates you taking the time to comment on this application, and your
letter will be added to the official permit application file for this project. Please feel free to
contact me at (919) 733-2293, or email me at Jeff.Schaffer@ncmail.net, if you should have any
additional concerns relating to this project.
Sincerely,
Jeff Schaffer
Assistant Major Permits Coordinator
cc: Tracey Wheeler- DCM, Morehead City
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer—50%Recycled\100%Post Consumer Paper
w A/
John A. Knanth V£l
P.O. Box 4, Oriental, NC 28571-0004 1:Mail:,IoluiKiiautli@eartlilink.iict
'hc1: 2.52/249-3131 Fax: 252/249-3257
September 9, 2003
Division of Coastal Management
Hestron Plaza II, 151-B Hwy 24 S EP 0 2D03
Morehead City,NC 28557
Dear Sirs,
I have received a copy of Rick Bullard's application for a Boathouse Roof with 3' walkway on one
end and one side.
I have no objection to Mr. Bullard building a dock. I signed off on his original application which
showed the slip on the south side of the dock without any concern. It is his afterthought
application, where he has moved the slip to the north side with a walkway around it which places it
much closer to my home, and proposed a boathouse roof that causes me great concern. And I
wonder about the legality of the pilings that have already been put in place on the north side.
It is not common practice to build boathouse roofs on Smith Creek. Thus Mr. Bullard's application
for a boathouse roof is highly unusual and its size, location and degree of intrusion upon me came
as a great surprise and disappointment.
As you can see from the accompanying photographs,this boathouse roof will be directly in front
of my home and closer to it than my own slip is. This structure will be about fifty feet long when
viewed from my home at the diagonal that maximizes its profile and five feet high as measured
from the bottom of the supporting beams to the ridge pole.
We have a strikingly beautiful waterfront home which brings untold pleasure as we look out our
many windows at the panoramic view,morning, noon and night. The charm of our location with
the boats and their docks along Smith Creek is frequently remarked upon by friends, visitors and
guests. A large boathouse roof up front and in the middle of our view will seriously detract from
these esthetic qualities which were carefully designed into our home—especially those areas we
use the most; the living room,the master bedroom and our two offices in-between.
As boathouse roofs, especially large ones, are a real rarity in the Oriental area and throughout the
residential waterfront areas of Pamlico County, a potential buyer seeking an attractive home would
in all likely hood bypass my property in favor of one without an unsightly roof smack in the view.
I know how I would react and,being a fairly typical waterfront property owner, it is safe for me to
assume others would, too. Thus Mr. Bullard's roof will inevitably complicate and have an
injurious impact upon the future sale of my property.
The distressing fact is that should Mr. Bullard leave his slip unoccupied for what ever reason, his
roof will remain permanently blocking our view even though during those empty times it would
serve no functional purpose what so ever.
For these aesthetic and potential monetary reasons, please do not approve Mr. Bullard's boathouse
roof.
Sincerely yours
a
CC: David Simpson Construction Co., Inc.
V
1
t
. .,. f'r '�. . + 'i!• r - ..!. '. r;� J7'ti2,�. �r-(.. ... i.I�' 'r rF+ `. 1.
/
'1
w
S E P i 0 2003
Bullard Boathouse Roof Application
From next door neighbor John Knauth/Ilona Forgeng, 138 Shoreline Court, PO Box 4, Oriental
NC 28571. Tel: 252/249-3131 Fax: 252/249-3257
x
r
,rT
is
View from our living room window with our dock in the leftmost window and the Bullock's dock
in the right most. I have included a representation of what the boathouse roof will look like with
the pilings on the north side of the dock..
is
'r
i
r
View from our master bedroom window with Bullard's dock dead center in the view. I have not
attempted to show the boathouse roof in this picture,but you can clearly see the pilings on the
north side of the dock.
i
Aria
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
MEMORANDUM TO: Doug Huggett RECEIVED
ECEIVED
FROM: Tracey Wheeler SEP 11 2003
DATE: 5 September 2003
SUBJECT: Application for CAMA Major Permit JN.0FCOASTALMANAGEMEN)
Rick Bullard RAT'M
Pamlico County,North Carolina
I have reviewed the application for a CAMA Major Permit submitted to this office by Mr.
David Simpson on behalf of Mr. Rick Bullard in regards to the rules and regulations adopted by
the CRC, specifically NCAC 7H.0206, .0207, .0208, and .0209. My review indicates that,
overall, the proposal appears to be consistent with these regulations. I recommend that the permit
be issued with the following conditions:
1)The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
2)The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third
party.
3)The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. At a minimum,permanent reflectors should be attached to the structure in order
to make it more visible during hours of darkness or inclement weather.
4) No sewage, whether treated or untreated, shall be discharged at any time from boats
using the docking facility. Any sewage discharge at this docking facility shall be
considered a violation of this permit for which the permittee is responsible. This
prohibition shall be applied and enforced throughout the entire existence of the permitted
structure.
5) This permit authorizes only the docks, piers, and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary may become a permanent part of this
docking facility without permit modification.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
4
Rick Bullard
Pamlico County
Page 2
6) No non-water dependent uses of structures may be conducted on, in, or over public
trust waters without permit modification.
7) No attempt shall be made by the permittee to prevent full and free use by the public of
all navigable waters at or adjacent to the proposed work.
8)This permit authorizes a maximum of two boat slips.
*Note: Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at (252) 808-2808 prior to
commencement of any such activity.
*Note:The permittee is advised that any development or land disturbing activity that is
considered non-water dependent is not authorized within 50 feet of the normal high/low
water level unless specifically exempted by Environmental Management Commission
(EMC) Neuse River buffer regulations in place at the time of such development.
Development Type FEE DCM% DWQ%
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
I. Private,non-commercial
development that does not involve $250 100%(S250) 0%(SO)
the filling or excavation of any
wetlands or open water areas:
it. Public or commercial development
that does not involve the filling or $400 100°;($400) 0%(SO)
excavation of any wettands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,8,C,or D
below applies:
III(A). For Private,noncommercial
development,If General water Quality S250 100°6(S250) 0 (S2)
CertificaCon No.3301(see attached)
can be applied:
111(8): For public or commercial
development,if General water Quality S400 100%(S400) 0°o(SO)
Certification No.3301(see attached)
can be applied:
III(C). If General Water Quality
Certification No.3301(see attache ;
could be applied,but DCM staff
determined that additional review a S-00 60%($240) 4C%(S160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
II(D). If General Water Qua ii-j
Certification No.3301(see attache') S;CO 60%(S240) 401(S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more
than one acre of wetlands and/or 6G'.o(S 2 _�.� 40°0(519,)
open water areas:
IC� VI C LA 21�
cA►�/l� M Q J o
Y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
5 September 2003
Pamlico News-Times
Legal Advertisement Section
P.O. Box 510
Oriental, NC 28571
Re: Public Notice—Rick Bullard
Dear Sir:
Please publish the attached Notice in the 10 September 2003, issue of the Pamlico News-Times.
The State Office of Budget and Management requires an original Affidavit of Publication prior
to payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to Jaye Poole, NC Division of Coastal
Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone
(919) 733-2293.
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office (252) 808-2808.
Sincerely,
Tracey L. Wheeler
Coastal Management Representative
Enclosure
cc: Doug Huggett
Ted Tyndall, District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
DMSJON OF COASTAL NLAi TZA ka-c'-,�LENrT
All
NCDENRw
Now-C ACUL "OD�RTNGlT cr
C.VNRONM[.Yt,y.p N.QLJRAL RrZCLJRCC5
151-B HWY. 24, HEST-RON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: (252) 808-2808
FAX: (252) 247-3330
TO: MLIC k�s -
OFFICE: LE aL qp� R
TELEPHONE 7: I 1 FAX 1: 12521 7
FROM: 1 ra
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OFFICE: D�InL nF c'(),A.`T.-�
RE: �
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DATE SENT: ° 5 o
TOTAL NUMBER OF PAGES IL�IN('T ( nV
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NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives notice as required
by NCGS 113A-119(b) that application for a development permit in an Area of Environmental
Concern as designated by CAMA was received on 4 September 2003. According to said
application, Rick Bullard is proposing to construct a boathouse and two finger piers adjacent to
the existing pier at his property at Lot#27 Shoreline Ct on Smith Creek near Oriental, in Pamlico
County,North Carolina. A copy of the entire application may be examined or copied at the office
of Tracey Wheeler, NC Division of Coastal Management, 151-B Hwy. 24, Hestron Plaza II,
Morehead City,NC,Telephone (252) 808-2808 during normal business hours.
Comments mailed to Donna Moffitt, Director, NC Division of Coastal Management,
1638Mail Service Center, Raleigh, NC, 27699-1638 prior to 30 September 2003 will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modifications may occur based on further review and
comments by the public and state and federal agencies. Notice of the permit decision in this
matter will be provided upon written request.
PLEASE PUBLISH ON: 10 September 2003
P. 01
TRANSACTION REPORT
SEP-05-2003 FRI 11 :41 AM
DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP
SEP-05 11 :40 AM 82522490857 1101" 3 SEND OK 803
Q�i�►
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
5 September 2003
David Simpson Construction Co., Inc.
c/o David Simpson
P.O. Box 590
Oriental,NC 28571
Dear Mr. Simpson,
The Division of Coastal Management hereby acknowledges the receipt of the application
you submitted on behalf of Mr. Rick Bullard for State approval for major development on his
property located at Lot #27 Shoreline Ct. in Oriental Plantation on Smith Creek near Oriental,
Pamlico County, North Carolina. The complete application was received on 4 September 2003,
and appears to be adequate for processing at this time. The projected deadline for making a
permit decision is 18 November 2063. An additional 75-day review period is provided by law
when such time is necessary to complete the review. If you have not been notified of a final
action by the initial deadline stated above, you should consider the review period extended.
Under those circumstances, this letter will serve as your notice of an extended review. However,
an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from 4 September 2003,
you may request a meeting with the Director of the Division of Coastal Management and permit
staff to discuss the status of your project. Such a meeting will be held within five working days
from the receipt of your written request and shall include the property owner, developer, and
project designer/consultant.
NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed, you will find a "Notice of Permit Filing" postcard which must
be posted at the property of the proposed development. You should post this notice at a
conspicuous point along the property where it can be observed from a public road. Some
examples would be: nailing the notice card to a telephone pole or tree along the road right-of-
way where a private road would lead one to the property. Failure to post this notice could result
in an incomplete application.
An on-site inspection will be made, and if additional information is required, you will be
notified. Please contact me if you have any questions and notify me in writing if you wish to
receive a copy of my field report and/or comments from reviewing agencies.
151-6 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-2808\FAX: 252-247-3330\ Internet: hfp://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
Rick Bullard
Pamlico County
Page 2
Sincerely,
_ dal.(°r y�W
Tracey L. VVI'ieeler
Coastal Management Representative
Enclosure
Cc: Doug Huggett
M. Ted Tyndall, District Manager, DCM
Rick Bullard
AMA ERMIT
APPLI FOR
PROJECT: �rt�ose - o CcnsS� 0,- 1-4. 3'i,39' boo:�kOuW 0- 3'?C1-4.5' Atr)Qe, P-iee
GLnci o, 3 �� 'noP_r iU i er a rl;Qc�n� 4n ac iS4inq ai ear
COMMENTS ACCEPTED THROUGH _
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�-
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9qQ -} lan4a�on-Dr c, o?f4 ge54mn fld z¢ 47 a5a- 8ng-z8og
David Simpson Construction Co., Inc.
800 Broad Street
Post Office Box 590
Phone 252 249-1381 Oriental,North Carolina 28571 NC License32708
FAX 252 249-2253 Commercial • Residential * Marine 8997
August 26, 2003
Tracey Wheeler
NC DENR
Hestron Plaza.Il, 151-B, Hwy 24
Morehead City,NC 28567
Dear Tracey,
Enclosed is a Major Permit Application in the name of Mr. &Mrs. Rick Bullard for a
boathouse roof and walkway around.
The purpose is to cover and protect the 30' boat and lift and the use will be private and
for normal water activities.
Feel free to contact me with any questions or if additional information is needed.
Sincerely,
r
David Simpso
COMPLETE
■ Complete items 1,2,and 3.Also complete A. S' atur
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. Received by(Pnn N e) C. Delivery
■ Attach this card to the back of the mailpiece, (] ,J�"G �f�
or on the front if space permits. %,(//�' 6 t1
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
// If YES,enter delivery address below: ❑ No
�,A 4) y/T/�5'S/s SEP 0 4 2003
1I� J7 9 2
/ _I l.•/ 3. S ❑ice Type
ertified Mail Express Mail
❑Registered ❑ Return Receipt for Merchandise
v ❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7002 2 410 0007 1310 6000
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0835
I"Wd M1 33 2003 FIND in PAM ICO Count V. NC
nn on ra 23 ZORI of
�.00 by: � hi 4i ;M •
•tat• of PAl'1-XO RMS I ZER OF
North Carokta C"My BOOK 3 Q PAGE 635
Real Est at a Excise Tax
RETURNED TO�
DATE RETURNED s=3e-o3
Tax Lot No. Parcel Identifier No.
Verified By County on the day of 20
Mail after recording to William R.Sage,Post Office Box 589,Oriental,NC 28571
This instrument was prepared by William R.Sage
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 6 day of_ .2003.by and between
GRANTOR GRANTEE
Barry R. Zerder and wife Ann L. Zerder Ricky 3.Bullard and wife Frances
M. Bullard
3303 Carriage Place
Burlington,NC 27215
The designation Grantor and Grantee as used herein shall include said panics,their heirs,successors,and assigns,and shalt
include singular,plural,masculine,temmine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant,bargain, sell and convey unto the Grantee in fee simple,all that certain
lot or parcel of land situated in Pamlico County,North Carolina and more particularly described as follows:
BEING all of Lots numbered 25, 26 & 27 of Oriental Plantation, Section 3, as per plat thereof recorded in Plat
Cabinet A, Slide 55-5 in the Office of the Register of Deeds of Pamlico County, North Carolina, which plat is
incorporated herein for a more complete description of said Wts.
This conveyance is made subject to those restrictive and protective covenants and conditions as recorded in Book
269 at Page 191,Pamlico County Registry.
It
BOOK 399 PAGE 636 AU .2 z 20o3
The property herein above described was acquired by Grantor by instrument recorded in Book 379 ,Page 163
A map showing the above described property is recorded in Plat Cabinet A.Slide 55-8.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized ofthe premises in fee simple,has the right to convey the
same"in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend
the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Current year ad valorem taxes,restrictions,easements and rights of way of record.
IN WITNESS WHEREOF,the Grantors have hereunto set their hands, or if corporate, has caused this to be signed in its
corporate name by its duly authorized officers by authority of its Board of Directors,the day and year first above written.
BY: {SEAL)
Barry R.Zerder
(SEAL)
Ann L.Zerder
SEAL-STAMP STATE OF r W N 1q'rM(,Jjr11 f e
N,,,y COUNTY OF (�f f► ry1 r9t�'Sr
'^'^ I -, r, a Notary Public of the state and county
CO r ? aforesaid,certify that Barry R.Zerder and wife Ann L.Zerder,Grantor,personally came before me
!"r
.� .; this day and acknowledged the due execution of the foregoing instrument as the act of the said
*�'•...•„r '„��,�•' partnership pursuant to due authority.
Witness my hand and official stamp or seal,thisl day of M ,2003.
My commission expires: I L CHAPMAN,Notary Pd*o!atry
1,�
M g.23, V
Public
The foregoing certificate(s)of LUANN L. CHAPKAN — NEW NAlfPSHIRE
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and
Page shown on the first page hereof.
SUE H. WHITFORD Register of Deeds for Pamlico County,North Carolina.
By: , `
___ _._ Assistant—Register of Deeds