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76-03 Building Resources, Inc. (Island Camp Dock)
• • r Permit Class Permit Number NEW 76-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission emit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Building Resources,Inc. (Island Camp Dock), P.O. Box 970, Manteo, NC 27954 Authorizing development in Dare County at canal adj. to Roanoke Sound and Washington Baum Bridge , as requested in the permittee's application dated 2/18/03, including attached workplan drawings (2), 1 dated received 3/13/03 and 1 dated 3/10/03 This permit, issued on June 23,2003 , 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. Docking Facility 1) On April 28, 2003, The Division of Marine Fisheries, pursuant to G.S. 113-205, recognized Mr. John W. Dixon as the legal owner of the canal bottom within which your proposed docking facility would be located. It has further been determined that no piers or other structures may be constructed on, in or over these privately owned submerged lands without the expressed permission of the property owner. Therefore, the proposed docking facility is hereby deleted from this permit. NOTE: It is noted that the recognition of the submerged lands claim referenced in Condition No. 1 above does not eliminate the right of the public to utilize the waters covering the canal bottom for public trust uses, which include, but are not limited to, the right to navigate, swim, hunt, fish and enjoy recreational activities within the watercourse. (See attached sheet for Additional Conditions) This permit action may be appeased 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. �J Do offitt, 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 Building Resources (Island Camp Dock) Permit#76-03 Page 2 of 2 ADDITIONAL CONDITIONS Shoreline Stabilization 2) The alignment of the permitted bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The bulkhead alignment will approximate the normal water level at the time of construction. 4) No backfilling of the permitted bulkhead is authorized by this permit. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. This permit does not authorize any excavation waterward of the approved alignment. General 6) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. 7) 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: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200310540), which was issued on 4/29/03. Aom, 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 June 23, 2003 Building Resources,Inc.(Island Camp Dock) P.O.Box 970 Manteo,NC 27954 Dear Sir or Madam: 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 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 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, 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 r � DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Building Resources, Inc. (Island Camp Dock) 2. LOCATION OF PROJECT SITE: South side of US 64/264, foot of the Washington Baum Bridge, Roanoke Island, Dare County and on a manmade canal off Roanoke Sound. Photo Index -2000: 183-2136 (R-19) 1995: 183-1896 (R-10) 1989: 151-8 (0-17)1984: 140-503 (K-17) State Plane Coordinates - X: 2994950. Y: 797000 Manteo Quad LR GPS: E032120C 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/21/03 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 03/13/03 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Manteo Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES, PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private dock (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - None Planned - Bulkhead & dock (G) Estimated Annual Rate of Erosion: Less than 1 ft. Source - Observation 7. HABITAT DESCRIPTION: [AREA) Dredged Filled Other (A) Public Trust Area/Estuarine Shaded Waters/Coastal Wetlands 64 s . ft. (B) Estuarine Shoreline/Coastal Disturbed Wetlands s . C Other (D) Total Area Disturbed: 96 sq. ft. (.002 acre) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead and a dock on property along an existing canal bank. r Building Resources, Inc. (Island Camp Dock) Field Investigation Report Page Two Project Setting The property lies on the south side of US 64/264 adjacent to the Washington Baum Bridge on Roanoke Island, Dare County. The project area consists of a narrow strip of land adjacent to the north side of a dredged canal off Roanoke Sound. The south side of the canal consists of a broad coastal marsh that borders US 64/264 to the west towards the intersection with NC 345. On the north side of US 64/264 is Pirates Cove Marina and residential development. The Roanoke Sound is located to the east as well as the Town of Nags Head on the beach. The property is approximately 22 ft. wide and 40 ft. long along the canal. Title to the property is in dispute and may be subject to a claim by John W. Dixon, and/or others. The property has an elevation of approximately 3 ft. above the normal water level (NWL) and is part of a former road bed for the first bridge to Nags Head. Vegetation on the property consists of indigenous grasses. Along the waterline exists a thin intermittent coastal wetland fringe vegetated with Juncus roemerianus and Spartina patens that totals approximately 40 sq. ft. Small pockets of erosion exist along the shoreline. The canal width is approximately 40 ft. at the site and has water depths that range from -2.2 ft. to -6.4 ft. at NWL. The adjacent properties are of similar physical characteristics. The waters of the Roanoke Sound are classified as SA and are closed to shellfish taking in this area. Development Proposal In order to provide shoreline protection, the applicant proposes to construct a 16 ft. long wooden and PVC bulkhead along the normal water line (NWL). The applicant does not propose any backfill for the project. In order to provide a boat mooring, the applicant proposes to construct a 16 ft. long and 4 ft. wide dock parallel to the shoreline with two mooring posts located on land. Anticipated Tmpacts The proposed bulkhead will disturb approximately 32 sq. ft. of Estuarine Shoreline and Coastal Wetlands Areas of Environmental Concern (AECs). The proposed dock will shade a total of 64 sq. ft. of Coastal Wetlands, Public Trust Areas and Estuarine Waters. Temporary water turbidity will occur during construction. Submitted by: Frank A. Jennings, III Date: .March 25, 2003 Lla/1,1/� IV r FormDCM-M -1 MAR ?:!") �•.�� �'°-�" ED WASTA' MANAGEMENT APPLICATION EEg 2 COASTAL MANAGEMENT (To be completed by all applicants) ELIZABETH CITY GY�TS/DE 1XfE Td ylV 01is1oW7,,60 MaR b. City, town, community or landmark E if' 1. APPLICANT C. Street address or secondary road number .. rV 0f10/#11W152W a. Landowner: Name &//L'0�/V& 1ff50U1eCE5,111vel d• Is proposed work within city limits or planning jurisdiction? Yes V No Address D',8oX970 e. Name of body of water nearest project (e.g. river, City 1,VA'/Y7 IW Ale, creek, sound, bay) 'Rew t/OK ,5011440 State /7 Zip 279.5� Day Phone 2 .�?5.5�8 Fax 2. �7.3 .�28Z 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: ��/nt: Name ✓)/ / �y�Zffl/ a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Po. L X,970 excavation and/or filling activities. Address ,�JCJ ,Bd/LD/A1G A Bl&kWCAP City State Zip Day Phone b. Is the proposed activity maintenance of an existing p� project, new work, or both? &FWWORK Fax M. �2Uc 473 c. Will the pro ect be for public, private or commercial use? Ili /Vi4T4 c. Project name (if any) lW"5l10 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach NOTE: Pernst,vi!!be issued in name aflm,downer(s), and/or additional pages. project name. WJFZ,9 ee I /YX//c' 00 6 9,' 7fM4r 0W X3,rR0YL-O /it/ 04-7c- M. /I 11R0 6F.C'y NEQW Sikcd- 1957. 2. LOCATION OF PROPOSED PROJECT Z} /N�r a 7o OF BU�OffEAO TIJ .SOP 16101516111. 1716 U5E R yl1U/�ry �EE� F4,2 a. County D�i�t� CrE35 7a /�lAN17 C/�It/A 5/N0E /9�� Revised 03/95 ; �r® __ •�Y ICr � . ZAS Form DCM-MP-1 2.0 2003 MAR 1 1;!"• ::UASTAt f,t,KAGENERTAS TAL MANAGEMENT ELIZABE rH CITY ELIZABETH CITY m. Describe existing wastewater treatment facilities. 4. LAND AND WATER �OKE- CHARACTERISTICS /X� n. Describe location and type of discharges to waters a. Size of entire tract of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) �X� wastewater, industrial/commercial effluent, "wash down" and residential dischar es.) 0fi c. Approxima te elevation of tract above MHW or ^S!/�QfF�C�C '�'� ` O T ,QlJAd NWL o. Describe existing drinking water supply source. d. Soil type(s) and texture(s) of tract /oa*X Y FILZ, �QO��D*%4D yl1,i9W IUONF e, Vegetation on tract Od Atg22� f. Man-made features now on tract /YOTffh(!l BUT�k— 5. ADDITIONAL INFORMATION 1��,0-2 g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (con.ruif tau local 1�Wep�J following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed ✓Community other instrument under which the applicant claims title Rural Other to the affected properties. If the applicant is not claimingto be the owner of said property, then h. How is the tract zoned by local governnent? 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? _ Yes No (,4rmch Zoning cionrliance certificate, 1aPpliatble) � 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 _� No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) Please note that original drawings are preferred and k. Is the project located in a National Registered y g only high quality copies will be accepted. Blue-line Historic District or does it involve a National q ty Register listed or eligible property? prints or other larger plats are acceptable only if an Yes t/ No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes 1/No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (A=ch docsuncntation if available) guide agency personnel unfamiliar with the area to the IVED LIAR 1 4 �� Form DCM-MP-1 C C)ASTAL MANAGEMENT FEB ELIZABETH CITY -A iASTAi i',AANAGEMENT F_i 1 7 ARFTH CITY site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION 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 tan landowners and application will allow only the development described in adjacent waterfront (riparian) signed return receipts as proof that such owners the application. The project will be subject to conditions and restrictions contained ;R the permit. have received a copy of the application and plats 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 conducted in a manner consistent with such program. further certifies that such notice has been provided. Name 1/0N 141 1 certify that I am authorized to grant, and do in fact, Address /�0•ffD�l' /�17 / l �y grant Permission to representatives of state and federal Phone ZSZ 4�/•Z��o review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address , // Phone //DDI7t This is the /!(1' day of ��/• 19 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name ✓ �'i' permittee, and issuing dates. Signature Z,4ndowner Authorized Agent epartment of Please indicate attachments pertaining to your proposed • A check for $ZSO made payable to the D project. Environment, Health, and Natural Resources n (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development /DCM MP-4 Structures Information • A signed AEC hazard notice for projects in _ DCM W-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-5 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 E-X E D RECEIVED _ _ MAR 1 E ?U1 FEB 2.0 ?nr� ANDCUA,TAL MANAGEMENT COASTAL MANAGEMENT FILLELIZABETH CITY ELIZABETH CITY (Except bridges and culverts) Attach this form to Joint Application for CAMA Major 1. EXCAVATION !(O ``Y&14rla Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Amount of mateiial to be excavated from below MHW or NWL in cubic yards Describe below the purpose of proposed excavation or till activities. All values to be given in feet. b. Type of material to be excavated Average FEnal c. Does the area 'to be excavated include coastal Length width Existing Prolect Depth wetlands (marsh), submerged aquatic vegetation De (SAVs) or other wetlands? Yes No Access channel (MLW) or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area Boat ramp b. Dimensions of disposal area Rock ; groin C. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the Rock breakwater owner. d. Will a disposal area be available for future Other maintenance? Yes No (Excluding ` If yes, where9 shoreline stabilization) e. Does the disposal area include any coastal wetlands (marsh), SAVs or ocher wetlands? Yes No f. Does the disposal include any area in the water'? Yes No DIVED° Form DC'M MP-2 FEB 2.0 2003 MAR 1 3 20ni MAN G MWFA T;AB MANAGEMENT Will fill material be placed in coastal wetland °B (marsh), SAVs or other wetlands'? 3. SHORELINE STABILIZATION es -__ yo [f ves. (1) Dimensions of fill area a. Type of shoreline stabilization -- _ ----=- - ---------- _ZBulkhead Rlprap (2) Purpose of till b. Length - --- c. Average distance wa rwar o�r VL - ti, GENERAL d. Nia,Nimum distance wate and of NIHW or NtiVL a. How will excavated or fill material be kept on sia _ and erosion controlled'? _ e. Shoreline erosion during preceding 12 months — --- ----- (Source of information.) -- b. What type of construction equipment will be uses. f. Type of bulkhead or riprap material _ (for example, draaline, backhoe. or hvdraulic dredge)? Q. Amount of fill in cubic yards to be placed below water level (1) Riprap O c. Will wetlands be crossed in transporting equipment (2) Bulkhead backfill __ to project site? Yes ►-- No N/* If yes, explain steps that will be taken to lessen h. Type of fill material _.. environmental impacts. i. Source of fill material — AppGcaat or P � 4. OTHER FILLl�L ACTIVITIES I/Q � s ppkaatign3ture , (Excluding Shoreline Stabilization) _.� _ 7 Datc a. Will till material be brought to site? Yes No If yes. (I) Amount of material to be placed in the water . (2) Dimensions of fill area (3) Purpose of fill Form DCM-MP-d C'o CEIVE® �:�: ��E[� STRUCTURESMAR 13 ln� FEB 2.4 bong (Construction within Public Trust Areas) COASTAL MANAGEMENT ELIZABETH CITY fASTAI. MANAGEM W FLIZABETH CITY Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commerci _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 _ Private (2) Number O f lE (3) Length 1!n' (4) Width of water body (4) Width 4/ (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes No shoreline (i) Number NIA / (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) NI A (iii) Width (1) _ Commercial _Community_Private (6) Platform(s) Yes _%/ No ` ' (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed_2RE g. Other (Give complete description) (8) Proximity of structure to adjace t r arian property lines 11( 12 (9) Width of water body 36 ft (10) Water depth at water-ward end of pier at MLW or NWL 31 b. Boathouse (including covered lifts) WA (1) Commercial Private (2) Length (3) Width Appticant or N c. Groin (e.g. wood, sheetpile, etc.) Signature (1) Number , O� (2) Length(s) r Dale /8 . d. Breakwater (e.g. wood, sheetpile, etc.) , A(1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 RECEIVED MAR 13 2nr-' COASTAL MANAGEMENT ELIZABETH CITY yRx;s, ROANQKE SOUND MmTm S i TE CftOA TAN S"D ROANOKE ►SCAN[) Z WANCHESE VICINITY MAP NTS ' V �.� NOTES: rr Pf RAR 1, TIMS tURVEY f. cUDJ[CT In NIY fACI: IIIAI ,rA, P( °;I11 ry Pr AR DISCLOSED MY A TULL AND Ar=Ir nnr srAn,, r) 2. AREA RY COORDINAir CDurmA/M,N - ROr tr• A ,. rr►Ir urrl 3. r.1.n,N. MIT: v5(VI 11'1 I I ,r#If um 'f 1 ,. PIN NO.: N/A r/r wit RECnnDED nEf[nENLt. DP N,n, rg 41a(1nrAI p urgn„� r.w,-• * ,•n nrn cr 1 NOnDI nErrn[llf-f IArnl fl• moll I 'IrA, rrr- , rC 3n.3P, nAln rt.un, mraam. (r/n,n, rm,r,I i) rO Aro ` T� •rwrn ernmrr n 1mn1m1 W WA 1rn ur if � r�1 I,unr rrrx:w f*y 1 „ A v jjj o c o rll, wnl , ! E'V 1 - i ,.nA,II CAr1 i o �111r111Y MAP Er rlt� b,u `n 4F:AI- I v F 'rI L 1.YANSON RAY MEEKINS. r.L5, fr.nllf, IIIAI Nr,rLAI WAr,DnA"I ( (' UNDER uY SUPERN4UOP1(Rt'Q AN ACTUAL cm,ty tO Vn uY SurEnNASl(.1: SAY nuI DIE RA DO Or rREavUN AS CAIL1AAlT.O 1$ r ID.rIW,: IIIAT nit- r.,, „ ,q rlAI la MEPAREO N AfCMDArILr Mnl SECIM"I rr.0p Cf I,Ir S1AIT ' r 'r PnARn nr RE05TRAnr" III IIfC cIAl111rnIIC fv 1•Ir AI'/lf1- rrr„rr, CO)*dDwy y r / 250�1! 'All a/ P w E��� o�kR � ,O.twhlch INS Coi R•v cL a Trr r� E� d Cr. f:O�CIcESSlq�9� S� r,A2r,r/y N/F DEPAR•IMIXF OF TRANSPORTATION (00 570. PG 150) '�,,-yDEPARTMENT OF TRANSPORTATION (ABANDONED ROADWAY) _ 1'.1, 411' f1q•�,'UY 1 q 180!14 S 89'44'40" E 40.00' rZ I, I/� p Y •r(1 T. O 41 `� N F NC PD TASK g60.t(1 ( I�nr �j/ /0 �Jrr IrN IOWN OF MANIEO ,n' D o SIA i117r e5 r.T - o rner.ro in$ (Pn 718, T C 415) gMVrr RASELINr FIR S 813-57.48 W 40.01' N/F NOTE — THIS PARCEL ADVERSELY TOWN OF MANTEO OF CLAIMED AGAINST T y IS INCLUDED IN -THEIR (00 71r,. PG 415) GEED (OB 718, PC 415) CANAL (PUBLIC TRUST WATERS) t, C� A/ / PUT Of -ISLAND CAMP DOCK' PARCEL AS CLAIMED 8Y WILASON, WILSON, AND WILSrON PARCEL OF LAND NEAR WASHINGTON BAUM BRIDGE - ROANOKE ISLAND NAGS HEAD TOWNSHIP - DARE COUNTY - NORTH CAROLINA 20 10 0 20 SEABOARD SURVEYINC & PLANNING, INC- 32DO NORTH CROATAN IIWY. KILI. DEVIL HILLS, N[' 77948 1 Inch >-�2R TL OFFICE! (252) 480-9998 FAX: (252) 480-0571 4E:0001991A SUI`IETTD02 1 1 unu rLAIIEP.01 1 rA.21 II��III IIIIIIIIIIIIII'I IIIIIII�IIIIIIIIIIIIIIII IIIIIIII 0002932101 Po AA„r, �. -._. .r✓ •..' is - ■■C y. • : - 4 7 LU uj CN- LLJ yo W LL :.,.,�� �..:�••.,w .; � , .� r .....+'•.�•. �.• .•. . ^' ¢y:. ..::•: Lam. ._ ' t�D.blf �jcl�'ING CJ� . (i(I zy//P •t:t' ;;�!�..`�,• •;ia". .R � �'."•� w77,)r�•IIi1Dim.w.�!/risw•�. ROANOKE LEGEND SOUND MµTE0 - EX. PIPE NOTES: I 1. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE SITE e - EX. REBAR DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. O - REBAR SET 2. AREA BY COORDINATE COMPUTATION - 891 S.Ft 0 - EX. CONC. MON. 3. F.I.R.M. ZONE: V5 (EL 11') ❑ - CONC. MON. SET 4. PIN NO.: N/A CROArAN - EX. P/K NAIL 5. RECORDED REFERENCE: DB 71p���� TEO); NORTH REFERENCE TAKEN FR SOUND ROANOKE - P/K NAIL SET PG 38-39, DARE COUNTY REGIS 0 ISLAND - SEWER SERVICE PG 38 39, ® - WATER METER 01) PHONE PEDESTAL MAR 13 7f►�� Z - C.A.T.V. - POLE GUY WI COASTAL MANAGEMENT GUY HARE ,,'�u�����/, - FIRE HYDRANT �� p ELIZABETH CITY WANCHM ®- ELECT. TRANS. ♦` .``, CA�TQ ���i o VICINITY MAP NTS '4� SEAL 9r:_ L-2592 I, MANSON RAY MEEKINS. P.L.S.. CERTIFY THAT THIS PLAT WAS DRAWN �� G},, ••...... !�♦♦♦` UNDER MY SUPERVISION FROM AN ACTUAL SURVEY UNDER MY SUPERVISION; AT THE RATIO OFPRECISION AS T IS PREPARED IN ACCORDANCECWITH SECTION 600 OF+THE STATE IS PLAT �,;AY ls00 " �$ BOARD OF REGISTRATION RULES 'STANDARDS OF PRACTICE". 1 / i F4� 7- L-2592 ,BATE Go 1 m I I N/F DEPARTMENT OF TRANSPORTATION (DB 620, PG 150) 10F /F j E DEPARTMENTTRANSPORTATION � v Q /T� „oz,�iaov we 00 �o v a � ax a � 1MN z f 00 S r� C :r rw fT� DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Building Resources, Inc. (Island Camp Dock) County: Dare LOCATION OF PROJECT: South side of US 64/264, foot of the Washington Baum Bridge on Roanoke Island adjacent to a manmade canal off Roanoke Sound RECEIVED DATE APPLICATION RECEIVED COMPLETE BY FIELD: 03/13/03 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES MAR 2 7 2003 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES V.OF COASTAL MANAGEMENT RALE1?H FIELD REPRESENTATIVE: Jennings DISTRICT O FICE: Elizabeth City DISTRICT MANAGER REVIEW: 5 J '3 / B) DATE APPLICATION RECEIVED IN EIGH: FEE REC'D:$J.5-* a6 PUBLIC NOTICE REC'D: END OF NOTICE DATE: - ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: �/� I�/a3 150 DAY DEADLINE: MAIL OUT DATE: 1 STATE DUE DATE: ti I ( �a C, FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative — Coastal Management- LUP Consistency Division of Community Assistance Land Quality Section 7 -d? Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways (S'o3 t Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries W"� Submerged Lands(DMF) IL Permit# 76-03 DCM Coordinator:p MAII.,ING DISTRIBUTION: Permitee: �oc.k Agent: DCNI Field Offices: Elizabeth City Morehead City Washington r Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Gina Brooks State Property Office: Joseph Henderson Water Quality: John Dorney John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) FAXING DISTRIBUTION: 41 e e�/ Permitee at �Sa-'q73 Agent at "" ✓� DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker 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 July 15, 2003 Building Resources, Inc. c/o John Wilson P.O. Box 970 Manteo, NC 27954 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Suspension of Work/Appeal of CAMA Permit Decision Dear Mr. Wilson: ,CePY Cut' Z""'A The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received a request for an administrative hearing to challenge CAMA Permits 76-03 and 77-03. The Third Party Hearing Request was filed on behalf of petitioner John W. "Skip" Dixon on July 14, 2003. Under N.C.G.S. §113A-121.1 (the Coastal Area Management Act), your CAMA permit is automatically suspended upon receipt of a hearing request and will remain suspended until either: (1) the Chairman denies the hearing request(under standards set out in the statute); or(2) there is a final Coastal Resources Commission decision on the permit appeal. You may not undertake any development under the permit until further notice after Chairman Tomlinson issues his decision. The Division of Coastal Management will prepare a recommendation for the Chairman on whether to grant or deny the hearing request. The Chairman must make a decision within 15 days after receipt of the hearing request. If you wish to submit any materials for the Chairman's consideration in ruling on the request for contested case hearing, please send them to me as soon as possible. Sincerely, Donna D. Moffitt cc: Chairman Gene Tomlinson Merrie Jo Alcoke Ted Sampson Frank Jennings Doug Huggett 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper 0 DCM FORM 5 PETITIONER'S NAME John W. "Skip" Dixon THIRD PARTY HEARING REQUEST ON COUNTY Dare CAMA PERMIT DECISION (PERMIT NO. 76-03) FILE NUMBER (Petitioner leave this line blank) 3V.W"1 7 i,sv.q s PLEASE TAKE NOTE that the undersigned, a person affected by the decision of(check one): a Local Permit Officer acting on a CAMA Minor Development Permit application; or X the Division of Coastal Management,Department of Environment and Natural Resources, acting on a CAMA Major Development Permit application or CAMA General Permit application hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to N.C. Gen. Stat. § 113A- 121.1(b) and N.C. Admin. Code tit. 15A, r. 7J.0300 (Please attach a copy of the permit application decision. If you cannot obtain a copy of the permit application decision,please provide the name of the permittee, the project location and the permit number.) Requests are reviewed by the Chairman of the Coastal Resources Commission to determine whether a hearing should be granted. The determination of whether to grant a hearing is in the sole discretion of the Chairman. N.C. Admin. Code tit. 15A,r. 710301(b). For this application to be complete, the Petitioner must address each factor listed below on a separate sheet of paper. You must address these factors before your request will be reviewed. The Chairman's decision to grant a hearing will be based on whether the Petitioner: (1) Has alleged that the decision is contrary to a statute or rule [N.C. Gen. Stat. § 113A-121.1(b)(1)]; (Please cite the statute or regulation allegedly violated by the permit decision.) (2) Is directly affected by the decision [N.C. Gen. Stat. § 11 3A-12 1.1(b)(2)]; and (Please describe how you are directly affected by the permit decision. Persons directly affected by a decision include, but are not limited to: (a) any owner of real property in the vicinity of the property to be developed who can show that the proposed development is likely to have a significant adverse effect on the value and enjoyment of his property; and s j (b) any person who can demonstrate a history of substantial use of public resources in the area directly affected by the development when the development is within or touches upon an area subject to the public trust.) (3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous [N.C. Gen. Stat. § 113A-121.1(b)(3)]. (Please summarize the evidence or arguments you will present at a hearing in support of your appeal.) Based on the attached responses to the above factors, the undersigned hereby requests a third party hearing. Respectfully submitted this the Z'Jday of July, 2003. WOMBLE CARLYLE SANDRIDGE&RICE A Professional Limited Liability Company Dot6as W. Hanna,NCSB# 18225 Post Office Box 831 Raleigh,North Carolina 27602 Telephone No.: 919/755-2100 Attorneys for John W. "Skip"Dixon NOTES: This request must be served on the Director,Division of Coastal Management, at the address shown on the attached Certificate of Service Form,within twenty(20)days of the disputed permit-decision. N.C. Gen. Stat. § 113A-121.1(b). Failure to do so constitutes waiver of the right to request a hearing. A copy should also be sent to the Attorney General's Office,Environmental Division, at the addresses shown on the attached Certificate of Service Form. Approval of a Third Party Hearing Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings within twenty(20)days of receipt of the Chairman's Order. N.C. Gen. Stat. § 113A-121.1(b). Denial of a Third Party Hearing Request is a final agency decision which may be appealed to the Superior Court in the county where the property is located under N.C. Gen. Stat. § 113A-121.1(b)and Chapter 150B,Article 4. r CERTIFICATE OF SERVICE I hereby certify that this Third Party Hearing Request has been served on the State agencies named below by depositing copies of it with the United States Postal Service with sufficient postage for delivery by first class mail or by personally delivering copies to the named agencies. Original served on: Director Division of Coastal Management 1638 Mail Service Center Raleigh,NC 27699-1638 and a copy served on: Attorney General's Office i/l 4 /�I%J12 Environmental Division Attn: Meredith Jo Alcoke P.O. Box 629 Raleigh,NC 27602-0629 This the /Ada y of July, 2003. J D/616glas W. Hanna EP/30540/wp Updated:July 14, 1999 STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF DARE DRAFT JOHN W. "SKIP"DIXON, ) PETITION Petitioner, ) FOR A CONTESTED CASE HEARING V. ) (Permit No. 76-03) DIVISION OF COASTAL ) MANAGEMENT,DEPARTMENT OF ) ENVIRONMENT AND NATURAL ) RESOURCES, ) Respondent. ) Petitioner John W. "Skip" Dixon hereby files this Petition for a Contested Case hearing pursuant to Chapter 113A, Article 121.1(b) and Chapter 150B of the North Carolina General Statutes. John W. "Skip" Dixon protests the Permit for Major Development in an Area of Environmental Concern (CAMA Major Permit No. 76-03) issued to Building Resources, Inc. (Island Camp Dock). In support of his Petition, John W. "Skip"Dixon alleges as follows: l. Petitioner John W. "Skip"Dixon is a resident of Dare County,North Carolina and is an aggrieved person under Chapter 150B of the General Statutes. Petitioner is therefore entitled to commence a contested case under the provisions of Chapter 15013, Article 3 and Chapter I I3A, Article 121.1(b) of the General Statutes. 2. Respondent Division of Coastal Management, Department of Environment and Natural Resources(the"Department")is an agency of the State of North Carolina. 3. Venue is appropriate in Dare County. 4. John W. "Skip" Dixon has satisfied all conditions precedent and all timeliness requirements for initiating this contested case. 1 RALEIGH 446224v1 5. On April 14, 2003, the Department issued CAMA Major Permit No. 52-03 to Washington and Baum Marina c/o John "Skip" Dixon for the construction of the marina facility located at the canal adjacent to the Roanoke Sound and Washington Baum Bridge, Roanoke Island. A true and accurate copy of Permit No. 52-03 is attached hereto as Exhibit A. 6. Washington and Baum Marina c/o John "Skip" Dixon made a prima facie showing of ownership pursuant to 15A NCAC 7J.0204(B)(4) by submitting a deed, valid on its face, for the subject property. The Grantor in the deed was the Town of Manteo, a Municipal Corporation. The subject property was identified as parcel number 025857007. A real estate transfer tax was paid and the transaction was approved by the Dare County Tax Collector. Finally, the deed references a prior deed in the chain of title at Book 716, Page 415. A true and accurate copy of the deed is attached hereto as Exhibit B. 7. In support of its ownership in the subject property, Washington and Baum Marina c/o John "Skip" Dixon provided representatives with the Attorney General's Office a copy of a title opinion prepared by Attorney Linda McCown. A true and accurate copy of the McCown title opinion is attached hereto as Exhibit C. 8. In support of its ownership in the subject property, Washington and Baum Marina c/o John "Skip" Dixon provided representatives with the Attorney General's Office a copy of a title opinion prepared by Attorney Dan L. Merrell. A true and accurate copy of the Merrell title opinion is attached hereto as Exhibit D. 9. Building Resources, Inc. is a North Carolina corporation. Upon information and belief, John W. Wilson, IV ("Wilson") is an incorporator and major shareholder of Building Resources, Inc. 2 RALEIGH 446224vI 1 10. The Department received an application from Building Resources, Inc. (Island Camp Dock) for a permit to build a bulkhead and a dock. Wilson signed and submitted the application as the authorized agent for Building Resources, Inc. A true and accurate copy of the Island Camp Dock application is attached hereto as Exhibit E. 11. In the Island Camp Dock application, Wilson describes the property as a tract the size of 22' x 40'. The tract described by Wilson is part of the larger tract owned by Petitioner as described more fully in Exhibit B. 12. The deed submitted with the Island Camp Dock application is suspect on its face in that the deed does not reference a prior deed in the chain of title, the deed was prepared by Wilson, the deed clearly states that the claim to the property is based on adverse possession, and the deed reflects that the grantor(John F. Wilson) conveyed the property to himself as evidenced by the signatures on the deed. 13. The deed submitted by John Wilson as authorized agent for Building Resources, Inc. fails to establish a prima facie showing of ownership in the subject property pursuant to 15A NCAC 7J.0204(B)(4). A true and accurate copy of the Wilson deed is attached hereto as Exhibit F. 14. Prior to the issuance of CAMA Major Permit Number 76-03, the Department was on notice of a lawsuit initiated by John F. Wilson, IV and Building Resources, Inc. requesting that the "Plaintiffs (John F. Wilson, IV, et al) and/or the public be adjudicated the owners of prescriptive title to the property, docks, moorings and pilings on the canal, or the owners of a prescriptive easement therein, . . ." The purported ownership interest in the property is based on a legal theory known as adverse possession. A true and accurate copy of the lawsuit is attached hereto as Exhibit G. 3 RALEIGH 446224v1 15. On April 7, 2003, a representative of the Department prepared a memorandum and noted the issue of ownership as follows: "The property has 40 ft. of shoreline and the adjacent riparian property owner has objected to the development proposal by claiming ownership of the property. Aside from the ownership issue, the development proposal encroaches into the riparian corridor and no waiver has been authorized, thus making the proposed dock inconsistent with 07H.0208(b)(6)(L)." A true and accurate copy of the memorandum dated April 7,2003 is attached hereto as Exhibit H. 16. On June 23, 2003, the Department issued CAMA Major Permit No. 76-03 to Building Resources, Inc. (Island Camp Dock). A true and accurate copy of Permit No. 76-03 is attached hereto as Exhibit I. 17. 15A NCAC 7J.0204(B)(4) [PROCESSING THE APPLICATION] requires the following information be submitted with every permit application for major development in an area of environmental concern: "a copy of a deed or other instrument under which the applicant claims title must accompany a CAMA major development and/or dredge and full permit application." 18. The decision by the Department to issue Permit No. 76-03 is contrary to the requirements of 15A NCAC 7J.0204(B)(4) and N.C.G.S. § 113A-120. 19. Petitioner John W. Dixon is directly affected by the decision in that he is the recorded title holder of the property at issue in Permit Number 76-03 as evidenced by Exhibits B, C, and D. 20. The decision by the Department to issue Permit No. 76-03 is not properly supported by the evidence. 4 RALEIGH 446224vI r 21. The Department failed to follow the procedures outlined in 15A NCAC 7J.0204(B)(4) and failed to uphold the purpose of 15A NCAC 7J.0204(B)(4) in issuing Permit No. 76-03. 22. As shown above, the Department exceeded its authority, acted erroneously, failed to use proper procedure, acted arbitrarily and capriciously, and failed to act as required by law and rule when the Department issued Permit No. 76-03 on June 23, 2003. WHEREFORE, John W. "Skip"Dixon requests that: 1. A contested case hearing be held in this matter; 2. The presiding Administrative Law Judge strike the decision to issue the permit; and 3. The Administrative Law Judge grant such other and further relief deemed just and proper. This the day of July, 2003. WOMBLE CARLYLE SANDRIDGE&RICE A Professional Limited Liability Company Douglas W. Hanna,NCSB 18225 Post Office Box 831 Raleigh,North Carolina 27602 Telephone: (919) 755-2100 Facsimile: (919) 755-6171 Attorneys for John W. "Skip"Dixon 5 RALEIGH 446224vi WOMBLE 150 Fayetteville Street Mall,Suite 2100 C©P 1 1 p 1 Cbllar(,t,S To5 l)e ' Raleigh,NC 27601 CARLYLE Jo vt ta�� e Mailing Address: SANDRIDGE Post Office sox sst Douglas Hanna & RICE Raleigh,NC 27602 Direct Dial:(919)755-2119 Telephone:(919) 755-2100 Direct Fax:(919)755-6171 A PROFESSIONAL LIMITED Fax:(919) 7SS-2150 E-mail:dhanna@wcsr.com LIABILITY COMPANY Web site:wwwwcsr.com Cd�y July 14, 2003 a.,G��'IR pe `o /r S R ECEIVED Director JUL 1 5 2003 Division of Coastal Management ONNIM 1638 Mail Service Center MUWAW Raleigh,NC 27699-1638 Re: Appeal submitted by Petitioner John W. "Skip"Dixon To Whom It May Concern: The purpose of this letter is to formally request a determination that a contested case hearing is appropriate for the two appeals submitted by Petitioner John W. "Skip" Dixon regarding Permit"No. 76-03 and Permit No. 77-03. The specific basis for each appeal is found in each draft Petition for a Contested Case Hearing attached hereto. The evidence is overwhelming that the Department was aware of the ownership dispute over the property in question for both Permit No. 76-03 and Permit No. 77-03. In an internal memorandum prepared by Doug Huggett and attached hereto, there is no dispute that the Department engaged in a "significant amount of deliberation" regarding the decision to issue to aforementioned permits. The deliberation centered on the ownership claim of Building Resources, Inc. (John W. Wilson, IV) that was premised on the legal theory of adverse possession. One stated reason for granting the permits was the similarity between the Wilson case and the Dixon case. The two cases are not similar. As you know, 15A NCAC 7J.0204(B)(4)requires the following information be submitted with an application: "a copy of a deed or other instrument under which the applicant claims title must accompany a CAMA major development and/or dredge and full permit application." The purpose of this rule is the require that the applicant make a prima facie showing of ownership in the subject property before a CAMA Major Permit is issued. The deeds submitted by Building Resources, Inc. (John W. Wilson, IV) are suspect on their face. Each deed was prepared by Mr. Wilson and granted by Mr. Wilson to himself as the authorized agent for Building Resources, Inc. Each deed fails to reflect a parcel number for tax purposes, no taxes were paid on either deed, and no prior deed is referenced reflecting a proper chain of title. Moreover, the fact that Building Resources, Inc. and John W. Wilson, IV filed a lawsuit claiming ownership interest in the subject property through adverse possession is further GEORGIA / NORTH CAROLINA / SOUTH CAROLINA / VIRGINIA / WASHINGTON D.C. • WOMBLE Pr Director CARTYI F July 14,2003 SANMI)GE &RicE Page 2 PLLC evidence that a prima facie showing of ownership was not established by the applicant in either case (Permit No. 76-03 and Permit No. 77-03). The Petitioner in this case will be harmed if the aforementioned permits are allowed to stand and construction is undertaken on Petitioner's property without legal justification. Petitioner is an aggrieved person under Chapter 150B of the General Statutes. We are not requesting an opinion regarding the likelihood of success on the merits for either appeal. We are simply asking for the right to file a Petition for a Contested Case Hearing for the two permits (Permit No. 76-03 and Permit No. 77-03) which were admittedly subject to a "significant amount of deliberation"on behalf of the Department. Accordingly, we hereby formally request that you permit Petitioner, Mr. John W. "Skip" Dixon, to file a Petition for a Contested Case Hearing concerning the two decisions to issue Permit No. 76-03 and Permit No. 77-03. We thank you for your consideration on this matter. Best regards, WOMBLE CARLYLE SANDRIDGE & RICE A Professional Limited Liability Company Douglas W. Hanna DWH/dfb Enclosures cc: Meredith Jo Alcoke MEMO TO: FILE FROM: Doug Huggett SUBJECT: Building Resources (John Wilson) major permit applications. DATE: June 20, 2003 After a very significant amount of deliberation, DCM determined that the proper decision would be to issue the 2 Wilson/Building Resources permits for the bulkheads on his two properties (the proposed docks are not allowable because Dixon has obtained a submerged lands claim from the State for the canal bottom in this area. This claim was finalized after the issuance of the Dixon Permit and after the initiation of the two Wilson project reviews. Wilson's supplied deeds do not claim any ownership of the canal bottom, so there is no property ownership dispute for the submerged lands.). Among the reasons for our decision are the following: 1) We are following past precedent set by past projects dealing with property ownership disputes. 2) We are acting consistently with past actions, including the action that was taken on the Dixon project and the denial of Mr. Wilson's third party hearing request on said permit. 3) In issuing the permit, we are following long-standing attorney generals advice that we do not have the authority to adjudicate rival claims. 4) The issuance of the permit is in keeping with the decision reached in Flowers v. NCDEHNR. 5) The following "savings" clause was included in the Dixon permit and will be included in the 2 Wilson permits. If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCMprior to initiating or continuing any further development under this permit. This "savings"clause will allow the ongoing litigation between Dixon and Wilson to ultimately decide the ownership issue, independent of DCM/CRC involvement. The permit condition language will nullify the permit(or at least a portion of the permit) for whoever loses in the litigation process. 6) The decision in this case clearly rests with the Director of the Division of Coastal Management. The decision to issue this permit was fully discussed with and approved by the Director. Furthermore, the Attorney General's office has indicated that they can and will support DCM if this decision is challenged in court. ��. RECEIVE �� 3 JUN 1 �_ � 03 i4C---bENR °"OFCOARAL G ►T North Carolina Department of Environment and Natural Resources ftel&j Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permits Processing FROM: John A. Thayer, Jr., AICP NE DCM District Plann r Through: Ted Sampson, DCM NE District Manager SUBJECT: Major Permit Request by Building Resources, Inc. (Island Camp Dock) To Construct a Bulkhead and Dock Along an Existing Manmade Canal Bank off Roanoke Sound, at South Side of US 64/264, Foot of the Washington Baum Bridge, Roanoke Island, Dare County DATE: June 11, 2003 Consistency Determination: The project proposal is consistent with the Dare County 1994 Land Use Plan certified by the CRC on July 29, 1994; and as amended both January 23, 1998; and May 28, 1999. Overview: The applicant proposes to construct a 16 ft. bulkhead and parallel dock on property along an existing manmade canal bank off Roanoke Sound. The property is approximately 22 ft. wide and 40 ft. long along the canal and has an elevation of roughly 3 ft. above NWL. Anticipated impacts associated with the request includes: the shading of about 64 sf. of Public Trust/Estuarine Waters/Coastal Wetlands AEC and the disturbance of about 32 sf. of Estuarine Shoreline/Coastal Wetlands AEC. Basis for Determinations: The Dare County Land Classification Map identifies the site area as "Conservation"classification. Other policy applicable to the request includes the following: Estuarine Waters: `Estuarine Shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters. In addition, development located in estuarine waters shall be water-dependent, related to development on the estuarine shoreline, or an accessory use to a structure located on the estuarine shoreline."(Policy 2.1.2 (b), page 53.) Estuarine Shoreline: "Estuarine Shoreline development should continue to be managed to protect and preserve the natural resources along the Estuarine Shoreline" (Policy 2.1.2(d-1), page 55.) 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper "Dare County supports the installation and maintenance of Estuarine bulkheads properly aligned and permitted by the U.S. Army Corps of Engineers and the Division of Coastal Management. Whenever possible, offshore estuarine breakwaters may be considered as an alternative to bulkhead construction."(Policy 2.1.2(d-2), page 56.) Coastal Wetlands: "Dare County advocates the use of existing state and federal regulatory programs as adequate measures for protecting and preserving coastal wetland areas of environmental concern." (Policy 2.1.2 (a) page 52.) NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr,, Secretary MEMORANDUM: RECEi APR 0 5 TO: Doug Huggett, Major Permits Coordinator, DCM ON°OFCO� MMAANAGEMENT THROUGH: Ted Sampson, District Manager, DCM ,FROM: Frank A. Jennings, III, Coastal Management Representative SUBJECT: Building Resources (Island Camp) Major Permit Application Recommendations DATE: April 7, 2003 The applicant proposes to construct a 16 ft. long bulkhead and a 4 ft. wide and 16 ft. long dock on property along an existing canal bank. The project site is located on the south side of US 64/264 at the foot of the Washington Baum Bridge, Roanoke Island, in Dare County on a canal adjacent to the Roanoke Sound. The property has 40 ft. of shoreline and the adjacent riparian property owner has objected to the development proposal by claiming ownership of the property. Aside from the issue of ownership, the development proposal encroaches into the riparian corridor and no waiver has been authorized, thus making the proposed dock inconsistent with 07H.0208(b)(6)(L). A 4 ft. wide 10 ft. long dock constructed at the center of the shoreline would be consistent with the use standards rules. If it can be determined that the applicant is the true owner of the property, it is recommended that the development proposal be authorized with the following conditions: 1) A 4 ft. and 10 ft. long dock is authorized. 2) The bulkhead alignment will approximate the normal water level at the time of construction. 3) No backfill is authorized. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX. 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal opportunity 1 Affirmative Action Employer—50%Recycled l 10%Post consumer Paper 4) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re-staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 5) The dock and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular to the channel into the water at the points where they intersect the shoreline. 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 25, 2003 MEMORANDUM: Z 8 TO: Mr. Preston P. Pate, Jr., Director GMir'�-H A S j TAT Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Building Resources, Inc. (Island Camp Dock) Project Location: South side of US 64/264, foot of the Washington Baum Bridge, Roanoke Island in Dare County adjacent to a manmade canal off of the Roanoke Sound Proposed Project: Construct a bulkhead and a dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 15, 2003. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: V 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. A SIG D DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper All PA RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 25, 2003 ' .� J MEMORANDUM: M�>R '� 1 2003 TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Building Resources, Inc. (Island Camp Dock) Project Location: South side of US 64/264, foot of the Washington Baum Bridge, Roanoke Island in Dare County adjacent to a manmade canal off of the Roanoke Sound Proposed Project: Construct a bulkhead and a dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 15,2003. If you have any questions regarding the proposed project, please contact Frank A. Jennings,III at (252) 264-3901. When appropriate, in-depth comments with supporting data is 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� � DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity 1 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. Moffitt, Director William G. Ross Jr.,Secretary April 1, 2003 MEMORANDUM ,�CEtyE D TO: David McHenry Wildlife Resources Commission APR 1 1 20U3 ATTN: Habitat Conservation Program C00�1,� FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) PROJECT LOCATION: SOUTH SIDE OF US 64/264, FOOT OF THE WASHINGTON BAUM BRIDGE, ROANOKE ISLAND, DARE COUNTY AND ON A MANMADE CANAL OFF ROANOKE SOUND. PROPOSED PROJECT:CONSTRUCT A BULKHEAD AND A DOCK ON PROPERTY ALONG AN EXISTING CANAL BANK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 22, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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 age roves of the project, only if the recommended changes are incorporated. T is agency objects to ie project for reasons described in the attached comments. SIGNE DATE 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 Q I'►� 03 RECEIVED WDENR MAY 0 7 2ou3 North Carolina Department of Environment and Natural Resources 1XIL01FCO STAMMA CEMENT Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 1, 2003 MEMORANDUM I APR — 7 2003 I1 ' TO: Linda Sewall, Director Division of Environmental Health _ SHELLFISH SANITATION FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) PROJECT LOCATION: SOUTH SIDE OF US 64/264, FOOT OF THE WASHINGTON BAUM BRIDGE, ROANOKE ISLAND, DARE COUNTY AND ON A MANMADE CANAL OFF ROANOKE SOUND. PROPOSED PROJECT: CONSTRUCT A BULKHEAD AND A DOCK ON PROPERTY ALONG AN EXISTING CANAL BANK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 22, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. AV 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 fi��� ,%I ' �lit DATE 7 � tit C�C( Z 40 . 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 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 2324 D_0 - APR 2003 ! A AA (0 APR Y �' CS 2003 1 RECEIVED �. NCDENR SeOrswry's CRke rth Car tb�f�a Dep rt� ent of Environment and Natural Resources 'Z`c r"SERVATONOFFICE DDivis' n of Coastal Management Michael F. Easley,Gove 6 B 1 Donna D. Moffitt, Director William G. Ross Jr.,Secretary April 1, 2003 r7r0 3 -- 0887 MEMORANDUM TO: Ms. Renee Gledhill-Early, Director ; y Division of Cultural Resources Archives & History Building FECj IVED FROM: Doug Huggett APR 2 R ?Ulj.t Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW �'0f RAIL" MANAQWENT APPLICANT: BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) PROJECT LOCATION: SOUTH SIDE OF US 64/264, FOOT INGTON BAUM BRIDGE, ROANOKE ISLAND DARE COUNTY ND ON A MANMADE CANAL OFF ROANO PROPOSED PROJECT: CONSTRUCT A BULKHEAD AND A DOCK ON PROPERTY ALONG AN EXISTING CANAL BANK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 22, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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. T is gency cts t pr�t f reasons described in the attached commen�ati23+?9�S'�6�j SIGNED DATE AP82003 WEiVED Zsarobry s Ofte BOA ti �v 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 APR 0 3 200.3 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 April 1,2003 CEIVET) MEMORANDUM TO: Mr. Joseph H. Henderson, Director APR 1 State Property Office 9W.0V0 0*T LMA1�lAG�NT Department of Administration We" FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) PROJECT LOCATION: SOUTH SIDE OF US 64/264, FOOT OF THE WASHINGTON BAUM BRIDGE, ROANOKE ISLAND, DARE COUNTY AND ON A MANMADE CANAL OFF ROANOKE SOUND. PROPOSED PROJECT: CONSTRUCT A BULKHEAD AND A DOCK ON PROPERTY ALONG AN EXISTING CANAL BANK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 22, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY L�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 cr — DATE 03 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 ik �xx 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 April 1, 2003 MEMORANDUM RECEIVED TO: Mr. Roberto Canales State Construction/Materials Branch APR 1 5 ZOUJ Division of Highways 0N.01FCOASTALMANAGEl1 T FROM: Doug Huggett RALEMH Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) PROJECT LOCATION: SOUTH SIDE OF US 64/264, FOOT OF THE WASHINGTON BAUM BRIDGE, ROANOKE ISLAND, DARE COUNTY AND ON A MANMADE CANAL OFF ROANOKE SOUND. PROPOSED PROJECT: CONSTRUCT A BULKHEAD AND A DOCK ON PROPERTY ALONG AN EXISTING CANAL BANK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 22, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REP Y 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. / 'G d �0� SIGNED DATE 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 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 311%' A7izA. APR 2 2003 NCDENR North Carolina Department of Environment and Natural Resources DIV`ISM OF Division of Coastal Management WATER RESOURCES Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 1,2003 ell MEMORANDUMS >>� TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW 1 S s u-.� APPLICANT: BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) PROJECT LOCATION: SOUTH SIDE OF US 64/264, FOOT OF THE WASHINGTON BAUM BRIDGE, ROANOKE ISLAND, DARE COUNTY AND ON A MANMADE CANAL OFF ROANOKE SOUND. PROPOSED PROJECT: CONSTRUCT A BULKHEAD AND A DOCK ON PROPERTY ALONG AN EXISTING CANAL BANK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 22, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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 DATE 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 110%Post Consumer Paper RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donn Director William G. Ross Jr.,Secretary Rftb February 27, 2003 MAR 03 , John Wilson DIV.OF COASTAL MANAGEMENI Building Resources, Inc. RALEIGH P. O. Box 970 Manteo, NC 27954 Re: Building Resources' 4'x 16' Dock and Bulkhead Project Dear Mr. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application on February 20, 2003, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies directly so that they can be quickly corrected to facilitate the detailed review by the Field Representative. I am returning the original application package so that the needed changes can be made, but will retain a copy so that the Field Representative can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately by the Field Representative. Our initial screening has identified the following deficiencies: 1. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ Plats must be to scale and not greater than 1 inch to 200 feet; your drawings indicate an acceptable scale, 1"=20', but the reduction of the copy machine has distorted this. ■ Each drawing must have a simple Title Block and it must: - Identify the project or work, - Provide the name of the Applicant; your title block refers to Wilson, Wilson &Wilson, rather than the Building Resources project, - Provide the date of plat preparation, not just the date of the survey, - Identify the drawer of the plat. ■ A Plan View must be submitted that: - Distinguishes between existing and proposed features; specifically the proposed dock and bulkhead are not indicated, nor the center piling that is described for replacement, while an existing dock is labeled that no longer exists, - Indicates Water Depth contours or spot elevations 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper John Wilson February 27, 2003 Page 2 - Indicates Adjacent Property Owners' Names; Town of Manteo and DOT are indicated, but these are not necessarily any longer correct, - Indicates exact location of Bulkhead; this feature is not depicted, - Indicates approximate location of Normal Water Level; while your drawing has indicated a shoreline, it should also be labeled as Normal Water Level if this is actually reflected by that line. ■ A Cross-Section Drawing must be submitted that: - Depicts the required information; specifically the details of the dock and bulkhead development upon the shore and the water, along with indications of materials intended to be used, - Reflects depths and elevation of new work relative to existing ground level, - References elevations to zero at NWL. ■ A Location Map must be provided to adequately locate the project site. 2. The Character of the development must be provided. Please address the intent of the development with respect to its purpose being commercial or private. If this development is for commercial purposes, the application fee is $400, and you would need to submit another$150. 3. Your authorization to act as agent for Building Resources, Inc. needs to be documented. 4. Documentation of Notification of Riparian Property Owners must be provided. Please submit the original Certified Return-Mail Receipts for this notification, along with any comments that you have received in reply. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me, or the assigned Field Representative, Mr. Frank Jennings, at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, 4e 0Sa District Manager TS:do cc: Charles Jones, Assistant Director, Division of Coastal Management Doug Huggett, Major Permits Coordinator, Division of Coastal Management DCM% DWQ% Development Type FEE (14300 1601�435100093 1625 5253) (24300 1602 435100095 2341 1. Privale,non-commercial 0%(SO) development that does not Involve 5250 1001)5(S250) the filling or excavation of any wetlands or open water areas: II. Public cr commercial development 0%(SO) that does not involve the filling or 5400 100%(S400) excavation of any wetlands or open water areas: 111. 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,non-commercial development,If General water Quality S ,` 100%(S250) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality $400 100%(S400) O%(SO) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff 60% S240 4O% (S 160) determined that additional review and 5400 ( ) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D), If General Water Quality S400 60%(S240) 40%(S160) Certification No.3301 (see attached) can not be applied: IV. For development that involves the filling and/or excavation of more S475 60%(52E5) 4O °(S'9G) than one acre of wetlands and/or open water areas: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary March 25, 2003 The,Coastlarid Times Legal Advertisement Section P. O. Box 428 Manteo, North Carolina 27954 Re: Public Notice - BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) PROJECT Dear Sir: Please publish the attached Notice in the Tuesday, April 1, 2003, issue of the Coastland 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 Elizabeth City office. Sincerely, Ted Sampson District Manager TS/dc Enclosure cc: Doug Huggett File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 1 i0%Post consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on March 13, 2003. According to said application, BUILDING RESOURCES, INC. (ISLAND CAMP DOCK) proposes to construct a bulkhead and a dock on property along an existing canal bank on the south side of US 64/264 at the foot of the Washington Baum Bridge on Roanoke Island in Dare County. A copy of the entire application may be examined or copied at the office of Frank A. Jennings, III, NC Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 27909, (252) 264-3901 during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to April 20, 2003, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Tuesday, April 1, 2003 ...ALI !'� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor Donna D, Moffitt, Director William G. Ross Jr., Secretary March 25, 2003 Mr. John Wilson Building Resources, Inc. P. 0. Box 970 Manteo, North Carolina 27954 Dear Mr. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located on the south side of US 64/264 at the foot of the Washington Baum Bridge on Roanoke Island in Dare County(Island Camp Dock). It was received on March 13, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 27, 2003. 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. NCGS 113A-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 your proposed development. You should post this notice at a conspicuous point along your 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 fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. 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. Sincerely, -� ZY Frank A. Jennings, III Coastal Management Representative FAJ/dc Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone; 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 1 1 o%Post Consumer Paper ' V ftu [AAR 13 +yy •TW 51��••. ..C..;K'Y 'Fa7:; ..�,....• •�. .. R•. .. _ : >r.•i•.la•;T ,d .._ .. ...1..•.:•,?.T^,.•.•..., ,i._� - ... -OOASTAt;-NIANAGEMENT �aa �. PI;IZA13ET!-I CITY. RI FEB DEC ( t ' :;(:>/ASTA! i.P NAGEMEWT 6` OVARIAX L U"NVNM NAME). =, 1Z,., . s;s CITY This letter f$ to notify you as an adjacaat riparian landowner of Mr1Mrm� IhJtr u� 1yC ��� plazas to Con.�uct (YOUR CO. CITO PLANS} in MAAW The sketch on the reverse side accurately depicts the proposed cvnS=Cdan. (Crryl UNIYl Should you have no'cbjections to this proposal piece check_1he statement beIaw si=n and date the. blahs below the statement and return this letter to: a �pu � �,d, PDX:.' (YOUR it M& D ADD as soon as passible, Should you Rive objections to this proposal, please send your wrimm comments to N.C. I, IV=—an of Coastal Mana--I~nent; '1367 US 17 South, Elizabeth City, NC M09. Wrimn comments must be re=eived At in 10 days of reepint of this notice, F2B=e to rasp=4 in either method Lft?y J0 ,Lays wiU be int&pMxcLzs no able--dMS. Scrto«te:Y, fGpr�� �.SogQ��+�- I have no obje s tb the Project as P==tly proposed znd herby waive that ritht of objetion' as provided in Ge=4 Statute 113 229. I have olajecdons to the project as presently proposed and have rmcllosed comments. MRAMN LA--WOWO A grN TUPE) �� 1 By sign=re below I have agre-ed to the enCrDach'm'fbf this pcojer within my riparian corridor and have waived the miAimpm,seg=k pf.15,*ttom my pa pe;;y. irse., _ X.ANDOWIQR 57ti1tlME7 tv.M + SENDER: COMPLETE SECTION COMPLETE . ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signatuas Rem 4 if Restricted Delivery is desired. (VI ❑Agent ■ Print your name and address on the reverse X /L� _1�3 Addressee so that we can return the card to you. B. Received by(Printed Name) C� f ellvery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Service Type ,10 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2' Artij 70D2 0860 0003 5684 1815 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 LO 1! U.S.Postal Service RECEIVED ri CERTIFIED MAILRECEIPT C0 WOMestic Mail Only; No Insurance Coverage Provided) FEB CO t� x:sA ST>aI I\tANAGEMENT " ti € is aFTH d Y CD C3 Certified Fee ��� � � f 1 r 171 Return Receipt Fee �ostma (Endorsement Requite cO Restdcted Den�ery Fee q%Qtre COASTAL'AANAGEMENT O (Endorsement Required) Y Ir ELIZABETH CITY rU Total Postage 3 Fees $ O ' o en o �or�� w�. Plx 6 Al -- .... . Street,Apt.No.;;] _ _____ ______________________ or PO Box No. /'•0 /�o}C .3.Z _ity.................. _...._.. City,Srete,ZlP+4 —^ -••••------- SENDER: COWLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X ❑Addressee or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: a- ,� ' If YES,enter delivery address below: ❑ No 1 vCP�S Y1eG(Y I I V L 2k -1 T4. :Insured ype ed Mail ❑ Express Mail tered ❑ Return Receipt for Merchandise Mail ❑C.O.D. Restricted Delivery?(Extra Fee) ❑Yes 2. A4icle Number(Copy from ice label) �/� J Cy��`F/, cJ J car U 102595-00-M-0952 PS/Form 3811,July 1999 Domestic Return Receipt 0� 11\yc � C3 0 ------------------- 9 pelaldwoo a of N )awON O O Er D9 seed B eBe3sad 1e3o1 C3 � —� 0-es (pejpbey 4u8waw0pu3) 1:3p ��� • 803 kanileO PeloulsOU C7 - `� • (pennbey 3uaw8sroPu3) r'1.1 ru WWI • ee3 ldieoey wnled Y✓ • aJeH HAwlsod 9ej POWPOO 133 • • $ aBelsod Iw Iw X ru rU • O � uejnsul ON , PeW 3.11sawoo) (p0p!AO-Jd aj5e.JaAOD • 1 s • ls. GAr.. Filed Book: 1365 Palo: 329 Doc Id: 6029310 04102I2001 19:66AM Receipt 4: 249t9 Doc Code: GEED NC Excite Tut Pd: $0 00 BARBARA M CRAY, REGISTER OF DEEDS DARE CO. NC F II��IIII�IIIIIIIIIIIII�IIII�II'IIIIIIIIIII�IIIIIIIIIIII 6029310ED�o seen FEB 2-0 2003 �►� ,�; i 1 f i...UASTAL MANAGEMENT I.and'I'ransfer N• ) F.,l..17_ABETH CITY I.nnd'I mlisfcr I nx: F �( I?xcisc Iaxp1VF ...-._..� I!rrn,liup I imc.Iln"1;:nut I':1(••• I'ax i.nt No. I'arc cl Idcolilicr No. MAR Verified by ('ounty on tile 1 '<)e day of .. 1n i" :_:.:=_::__:._.:._.:..:_ ._._..:__.:. _• :...__ :__=-_._.::-___._:::: ---'— — fiAt-F:�tTJAGiwfuFENT Et..!?AlstAN CITY Ni:ii1 aflcr recording to: )oiul 1.,.Wilson.IV.1',11.Jinx 1992,hfainco,NC 27954 I his instrument was i:lepared by: .John f.wilsolr.IV Islsnnl('amp Dock 1'arccl Ilricf Ucscriplinn for the indcx _ NOR'I.11 CARO LINA GENERAL WARRAN'1'V DE111) i I I I S DEED made This I S"day of March,2001,by and between -- - (MANl'01( (MANITF p,hn I: Wilson.Jr.and wife. Building Resources,Inc. 1:.Iclie 1.Wilson cold 11.0.Box 1891 h4in I'.Wilson.IV Mantco,NC:27954 rnL•r io arrymq•,ialt Id.ek Rv gad,poly uam<,mlAa!<,nml,if.,I j 1.6w.<L-0a ,of wily,t,R.,—p-li,m 'I he desienalion unmoor and liraniee as used Ilelc•in shall include said parties,their Inrirs,sucr'rc•:nit,on,1:,<•:il n•.,:uld•:ball inrhidr singular.;dural,nlnsculine,frntinine or neuter as required by context. wlINES51;1'I I,that the(iraolor,fora valuable consideration paid by the Urnotee,the receipt of which is hcWl".acl;no»Irdg,•d,hat;old by these presents does grant,bargain,sell n1ld convey unto the Urantee in fee simple all that certain lot of imrcri of land silualerl nn Roanoke Island.Nags liead Township,Dare County,North Carolina and more particularly Ilescfibed us fulimcs: ncginning hr the Snothcrn margin oral,;Illnllllollc(l roadway of the North Carolina Itrparhnrnt nf'I'routporintion,said beginning'point being located South 80 Degrees,35 nlhnlles,So seconds West,960.10 feel from aceN. or egg ing u fool ()/S Station No.1 1+74.85 P.T.with survey baseline V il; thence proceeding from the point and place of beginning South R9 degrees,44 minutes,40 seconds East,40 feel to a point;thence cornering South 00 degrees,15 minutes,20 seconds West, approximately 21.83 feet In a point,thence cornering South 88 degrees,57 minutes,46 seconds West,40,01 feel to A point: thence cornering North 00 degrees, 15 minutes,20 seconds East,approximately 22.74 feel to the point and pinec of beginning.For a more particular description of the properly herein conveyed,reference is nnnde to that plat captioned "island Camp Dock Parcel as claimed by Wilson,Wilson,nod Wilson,Parcel of Land Ncar Washington Haunt Bridge- Roanoke Island—Nags (lead Tmvnship—Dare('array—North Carolina"prepared by Mason Itay Meckilrs filled February 29,2001 which is attached herein and incorporated herein by reference. Nut I F:'1 IIIC Pi11t\I('(rN l'.\INC IlF\'ISI(1N5 R'III('IL1It):pIFFERF.N1'FR(Mt'1'tIF.t'I20\'151tIN5(IF'111E(p'1'N'LU.Frryi�l I'Rn\tl q r.:11 fn n1'I IIF: Nrr111 it(':11!(lt IV.\11.\R A5S(1('IA'I ION AND 51I(11I1n IIF.('AIiF.F1il,1.l'RF.NIF.\\'F.n PRf(1R'I'fT ICCEr'l;ll(rN. IIIIII IIIII IIIIIII IIII IIIIII IIIII illll I I Iilll IIII III 60 Page: 2 f 3 0 4,0212001..,09xb6 The property hereinabove described was acquired by Grantor by adverse possession. c r, A map showing the above described property is recorded in Plat Book: See attached. F.EB. V 2 n n TO I]A VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to th GU a nlN`t� ,r S4e MANAGE � simple,the EUPRF-`T4 6IT Y And the Grantor covenants with the Grantee,that Grantor is seized of the 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 wnrrnnt and defend the title against the Igyf�lh*, I ` claims of all persons whomsoever except for the exceptions hereinaRer stated. fCl/-fir( Title to the property hereinabove described is subject to the following exceptions: "'*ASTAL.bh'AI'JAGEMEN f FUZABETH C,iTY IN WITNESS WHEREOF,the Grantor tins hereunto set his hand and seal,or if corporate,has caused this instrument to he signed in its corporate name by its duly authorized officers and its seal to be hereunto nffixcd by nwhorily of its Board of Direclors,the day and year first above written. -- )"xk—(SEAL) hn . Ilson,Jr. /'t'w7 y PL— (SEAL) Eslel Ilso John F.N _"- --- �t^�tsuetsttq��, coo,N 1- sfn 1, AOTARY ry US North Cerollna,Dare County C #*# au 9 P INK C 1,the undersigned,a Notary Public of lire County and State aforesaid,certify that John r.Wilson,Jr,wife Estelle Wilson,and PU6L1G 0 John F.Wilson.IV,Grantor,personally appearedbef remethisdayandacknowledgedtheexecutionoftheforegoinginswment Witness my hand and official stamp or sent,this Ihe3f day of ,2001 ''••., COLIfPt,.10 rtsrstrtstsstss My commission expires lb tic NORTH CAROLINA DARE COUNTY The foregoing certificate of ----- a Notary Public of— is certified to be correct. This instrument an this certificote are duly registered at the dale and time in the Book and Page shown on the first page hereof. Barbara .Gray,Register of Deeds By ✓ r I A Aj pn Assistant Register of Deeds NOTE:TIIIS FORM CONTAINS REVISIONS WHICH ARE III FFF,R ENT FROM THE PROVISIONS OF ME OFFICIAL FORM PIIOMI IEGAI ED BY TIIE NORTII CAROLINA BAR ASSOCIATION AND SHOULD BE CAREFULLY REVIEWED PRIOR TO EXECUTION.