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HomeMy WebLinkAbout77-03 Building Resources, Inc.( Jack's Dock) 8 i Permit Class Permit Number NEW 77-03 STATE OF NORTH CAROLINA Departmenr of Environment and Natural Resources and Coastal Resources Commission rrmit for X Major Development in an Area of Environmental Concern pursuant ;o NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Building Resources, Inc. (Jack's 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 bq 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 gxoposed 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 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. Any maintenance work or project modification not covered Do . Moffitt, Director Division of Coastal Management hereunder requires further Division approval. 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 Y J F Building Resources (Jack's Dock) Permit#77-03 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. DV*W 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. (Jack's 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, ,e ff •- 1/ 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: Building Resources, Inc. (Jack's 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 (T-20) 1995: 183-1896 (T-10) 1989: 151-8 (M-16)1984: 140-503 (I-16) State Plane Coordinates - X: 2995400 Y: 797000 Manteo Quad LR GPS: E032120D 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 216 s . ft. (B) Estuarine Shoreline/Coastal Disturbed Wetlands 172 s . ft. C Other (D) Total Area Disturbed: 288 sq. ft. (.006 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. (Jack's 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 18 ft. wide and 68 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 68 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 36 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 36 ft. long and 6 ft. wide dock parallel to the shoreline with one mooring post located on land. Anticipated Impacts The proposed bulkhead will disturb approximately 72 sq. ft. of Estuarine Shoreline and Coastal Wetlands Areas of Environmental Concern (AECs). The proposed dock will shade a total of 216 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 Form DCM-MP-1 IVED► PPANAGEMENT APPLI �= 'Ar ,-r' � FEB 2 0 2003 B ION.,C7ASTAL MANAGEMENT (To be completed by all applicants) ELIZABETH CITY 771if�it a, /55wr iYEA�? b. City, town, community or landmark /X�f NV. 6W ,B9 M&e14:Y.rE 1. APPLICANT c. Street address or secondary road number ,� Ra rn lYr��wFE RAr�P-A�Ff/�r'yltt9r� a. Landownneer// / ` �n C Name &glz,011(6 � �"�`��/�� d• Is proposed work within city ]units or planning jurisdiction? Yes V No Address �O'�QX970 e. Name of body of water nearest project (e.g. river, City iQl.L State A16 creek, sound, bay) 110M ,J 0649 Zip Day Phone 41N2.4755�8 Fax �52.,�73 �782 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized /Agent: Name JO�iY a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and P0.&X9T0 excavation and/or filling activities. Address &11,,CD/1tl6 A 6e1Z;e#eA,0 City State Ale Zip Day Phone �52'�73'�SIU b Is the proposed activity maintenance of an existing p� project, new work, or both? Al�7�lNO2K Fax 2§��7����L c. Will the project be for public, private or commercial use? l� /(li4Tt c. Project name (if any) �� /�' �C d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach NO7E: Permit will be issued in name of lmtidowner(r), and/or griditiional pages. project name. /CEP44a- 36119OCK Z //V57Ad4 3(o OF 4114Alf14;9,) 70 5MP 2. ' LOCATION OF PROPOSED EVOv ;I V lj PROJECT ME Ja< A/ a,�o r-OR /ZrC-f ry �y /W cAwof I9 ram= a. County Revised 03195 rz IVED FEB 2- one Form DCM-MP-1 a ?_ }: i-'UGC WASTAL H CITY tLIZA6ETW r% m. Describe existing wastewater treatment facilities. 4. LAND AND WATER NDE CHARACTERISTICS .� `• n. Describe location and type of discharges to waters a. Sue of entire tract of the state. (For example, surface runoff, sanitary �0 �08 wastewater, industrial/commercial effluent, "wash b. Size of individual lot(s) down" and residential discharges.) M4E RVI-OFF FROM P-0.%- c. Approximate elevation of tract above MHW or f/r NWL 41 o. Describe existing drinking water supply source. d. Soil type(s) and texture ) of tract NQ,V�c- e. Vegetation on tract Cif ! ll� 1 f. Man-made features now on tract $, ADDITIONAL INFORMATION y/,t/CE ROOK Q�7y14y�� GEC• Zoo2 J g. .What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consuft Lhe tact land use perm) following items must be submitted: ./ Conservation . Transitional O A copy, of the deed (with state application only) or _ Developed ✓Community other instrument under which the applicant claims title _ Rural ref to the affected properties. If the applicant is not claiming to be the owner of said,property, then h. How is the tract zoned by local government? forward a copy of the deed or other instrument under Cp/y1/yJERC/AG which the owner claims title, plus written permission from the owner to carry out the project. i. Is the proposed,project consistent with the applicable zoning? V Yes No • An accurate, dated work plat (including plan view (Arrach zoning carnpliance cerrifiacue, (f applicable) and cross sectional drawings) drawn to scale in black j, Has a professional archaeological assessment been ink tat Resources by 11"swhite paper. J.0(Refer forts done for the tract? Yes ✓ No Coal 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 prints or other larger plats are acceptable only if an Register listed or el'gible property? adequate number of quality copies are provided by Yes No applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger I. Are there wetlands on the site? Yes � N0 drawings.) A site or location map is a part of plat Coastal (marsh) Other If yes, has a delineation been conducted7 requirements and it must be sufficiently detailed to guide agency personnel unfamiliar..with the area to the (Arrads daaNutuation, if available) Revised 03/95 CA PFCEIVED Form f)CN1-W-1 MAR 1�'rl FEB 2 .0 1oni (1ASTH!rf""tsAt'�"��yEN� COASTAL MANAGEMENT EI 17L ' s° ELIZABETH CITY site. Include highwav or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND 0 A Stormwater Certification, if one is necessary. 0 A list of the names and complete addresses of the I understand that any permit issued in response to this application will allow only the development described in adjacent waterfront (riparian) landowners and the application. The project will be subject to conditions signed return receipts as proof that such owners and restrictions contained 'i 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 t on the proposed project to the Division of Coastal approved State of North Carolina's 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 IldyN 141 12/X04/ 1 certify that I am authorized to grant, and do in fact, Address /2 0•6aX all /Y4e da-'), kC �'7y f grant permission to representatives of state and federal Phone Zsl' 4��'���0 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 — /�Q� This is the AU ' day of • _, 19 Ly'-3 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Signature _.---- -- Landowner Authorized Agrnr s A check for $250 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 lTlfOrmatiOn application. DCM MP-3 Upland Development ,-DCM MP-4 Structures Information A signed NEC 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 dare each attachment in the Environmental Policy Act (N.C.G.S. 113A - I 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 A. documenting compliance with the North Carolina Environmental Policy Act. VeNiced 03!9-5 Ezy%' ..-AVATION BAR . zj rn,, °y` ® w rC"MSTAL MANAGEMENT ELIZABETH CITY FEB 2.O ?,M9 A?I*M FILL 60ASTAL MANAGEMENT _ ELIZABETH CITY (Except bridges and culverts) Attach this form to Joint Application for CAMA Major 1. EXCAVATIONQ 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 material to be excavated from below MHW or NWL in cubic yards Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. b. Type of material to be excavated Average FlaW c. Does the area to be excavated include coastal Length Width gritting Detx Deph ect Depth th wetlands (marsh), submerged aquatic vegetation (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 Rock '' If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? Yes No (Excluding If yes, where? shoreline stabilization) e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water'? Yes No Form DCM-MP Z FEB 2.O 20nl ._(.,)ASTALMANAGEMENT .,N,�AGEMEN7b. Will fill material be placed in coastal wetlands CUA��12a �!C rU�ABETH CITY ,Ty ��--- (marsh), SAVs or other wetlands? 3. SHORELINE STABILIZATION Yes No If yes, . (1) Dimensions of fill area a. Type oSslyoreline stabilization ulkhead Rpprap (2) Purpose of fill b. Length 3o/ c. Average distance watfrwar o HW pr NWL 5. GENERAL d. Maximum distance wate and of MHW or NWL a. How will excavated or till material be kept on site and erosion controlled'? e. Shoreline erosion during preceding 12 months (Source of irtfornuttiort) b. What type of construction equipment will be used f. Type of bulkhead or riprap material (for example, dragline, backhoe, or hydraulic dredge)? ��/liSt ���� /Y - g. Amount of fill in cubic yards to be placed below water level Q (1) Riprap c. Will wetlands be crossed in transporting equipment (2) Bulkhead backfill O to project site? Yes V No �/ If yes, explain steps that will be taken to lessen h. Type of fill material environmental impacts. i. Source of fill material mw���/" Applicant or 4. OTHER FILL ACTIVITIES NO FILL Signature (Excluding Shoreline Stabilization) _— /p. Date a. Will till material be brought to site? Yes No If yes. (1) Amount of material to be placed in the water . (2) Dimensions of fill area (3) Purpose of fill Form DCM-MP4 LIAR 1 3 ;Wi? .41% COASTAL.I`•1I'Ai IAGEIVIENl ' !t;,H EI_If.AS�. CITY STRUCTURES FEB 2_O200-� (Construction within Public Trust Areas) "`.>ASTAL MANAGEMENT EL.IZABETH CITY Attach this form to Joint Application for CAMA Major e. Mooring buoys A_ 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 me (3) Length 361 (4) Width of water body (4) Width !o' (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes 1/No shoreline (i) Number (ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) ( (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 ONE g. Other (Give complete description) (8) Proximity of structure to adjacent riparian property lines 161 361 (9) Width of water body (10) Water depth at waterward end of pier at MLW or NWL 31 b. Boathouse (including covered lifts) NIA (1) Commercial Private Q�/ `�� /�p�.G /A/G. (2) Length (3) Width Applicant or N c. Groin (e.g. wood, sheetpile, etc.) Signature (1) Number (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) , A (1) Length (2) Average distance from MHW, NWL or ' 92002 wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03195 ALBEPARLE' LEGEND SOUND NOTES ROANOKE AND 0 - EX. PIPE 1. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE MANTEO • - EX. REBAR DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. _ 2. AREA BY COORDINATE COMPUTATION = 1,123 S.F# SITE _ EXBCONC.AR TMON. 3. F.I.R.M. ZONE: V5 (EL 11') 4. PIN NO.: N/A ❑ - CONC. MON. SET 5. RECORDED REFERENCE: DB 716, PG 415 (TOWN OF MANTEO); - EX. P/K NAIL NORTH REFERENCE TAKEN FROM RIGHT OF WAY BOOK 1, A - P/K NAIL SET PG 38-39. DARE COUNT LW CT CROATAN - SEWER SERVICE 8,1050701) w SOUND ROANOKE IUD - WATER METER PHONE PEDESTAL �ppp y - C.A.T.V. MAR 1.3 7M3 - UTILITY POLE Z - GUY WIRE �- FIRE HYDRANT COASTAL MANAGEM=NT ®- ELECT. TRANS. ELIZABETH CITY WANCHESE VICINITY MAP NTS h m w w N/F y DEPARTMENT OF TRANSPORTATION (DB 620, PG 150) ASPHALT PARKING N/F DEPARTMENT OF TRANSPORTATION (ABANDONED ROADWAY) I _ — N89-50'93"W n W S89w44740"E — I 5.85 S89'50'03"E L S 89 y'l4/p'� S�/5� S 89°Sb 03"/,a j's D7 9�'� oo l Z J U y, 2 H < � J 7M V Li 7 X ' 0y ?!3tvM r0 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Building Resources, Inc. (Jack's 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 ilECEIVE 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 DM O COASTAALMANAGEMENT RALE10H FIELD REPRESENTATIVE: Jennings DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: 6 3,A �0-3 1U B) DATE APPLICATION RECEIVED IN RA FEE REC'D:$4SZ,Oe) PUBLIC NOTICE REC'D: END OF NOTICE DATE: a- _v3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: (,C ON: 319 2 y3 C) 75 DAY DEADLINE: 3 /0 3 150 DAY DEADLINE: MAIL OUT DATE: �-� t `p 3 STATE DUE DATE: y l a a I o 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 — 31-4 3 Land Quality Section LY—7—n3 Division of Water Quality Storm Water Management(DWQ) State Property Office t-(— (Y ^C/ Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Permit 7 — DCM Coordinator. /_� >\L4II.LN'G DISTRIBUTION: � � oy-d Permitee: Agent: DC-AI Field Offices: 17lizabcti, Ciro forehead Cin, Washington 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 VA%vnne David Cox(NCDOT) Travis Wilson (NCDOT) Mead FANG DISTRIBUTION: 4 /.V Permitee at �c ' y 73 I-A'-"3 + � r7'unc�4y Agent at DCM Field Offices: Elizabeth City Morehead City Washington Wilmngton US Army Corps of Engineers (USACE): Washington: Mike B-11 CDOT) Bill Biddlecome (NCDOT) Raleiali 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: �CdPY C'1- -e"'CA 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 f f f DCM FORM 5 PETITIONER'S NAME John W. "Skip"Dixon THIRD PARTY HEARING REQUEST ON COUNTY Dare CAMA PERMIT DECISION (PERMIT NO. 77-03) FILE NUMBER (Petitioner leave this line blank) 9,A V-A) Q?sw" 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. 7J.0301(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. § 113A-121.1(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 r l (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/pday of July, 2003. WOMBLE CARLYLE SANDRIDGE&RICE A Professional Limited Liability Company Do glas W. Hanna, N SB# 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. § I I3A-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. § I I 3A-12 1.1(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. § I I3A-121.1(b) and Chapter 150B,Article 4. 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 lT IW ✓� I LI��� Environmental Division Attn: Meredith Jo Alcoke P.O. Box 629 Raleigh,NC 27602-0629 This the�day of July, 2003. i Do glas W. Hanna EP/30540/wp Updated:July 14, 1999 r STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF DARE D F JOHN W. "SKIP"DIXON, ) PETITION Petitioner, ) FOR A CONTESTED CASE HEARING V. ) (Permit No. 77-03)// 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. 77-03) issued to Building Resources, Inc. (Jack's Dock). In support of his Petition, John W. "Skip"Dixon alleges as follows: 1. 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 150B, Article 3 and Chapter 113A,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 445966vI 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 445966v1 r 10. The Department received an application from Building Resources, Inc. (Jack's 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 Jack's Dock application is attached hereto as Exhibit E. 11. In the Jack's Dock application, Wilson describes the property as a tract of 1,123 square feet ("approx 18' x. 68'). 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 John's 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 77-03, 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 445966v1 15. On April 7, 2003, a representative of the Department prepared a memorandum and noted the issue of ownership as follows: "The property has 68 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 appears consistent with 07H.0208." 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. 77-03 to Building Resources, Inc. (Jack's Dock). A true and accurate copy of Permit No. 77-03 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. 77-03 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 77-03 as evidenced by Exhibits B, C, and D. 20. The decision by the Department to issue Permit No. 77-03 is not properly supported by the evidence. 4 RALEIGH 445966vI 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. 77-03. 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. 77-03 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 445966v1 t WOMBL E 150 Fayetteville Street Mall,Suite 2100 l_Cp p Cbla- (e.5 Tele_,� CARLYLE pr Raleigh,NC 27601 �o�� Mailing Address: SANDRIDGE Post Office Box 831 Douglas Hanna & RICE Raleigh,NC 27602 Direct Dial: (919)755-2119 Telephone: (919) 755-2100 Direct Fax: (919)755-6.171 A PROFESSIONAL LIMITED Fax: (919) 755-2150 E-mail: dhanna@wcsr.com LIABILITY COMPANY Web site:www.wcsr.com S!"d P July 14, 2003 G C4' ` Y qe 5od%r,S CElVEL Director JUL 1 5 .2003 Division of Coastal Management DeOF00ANAL ANA 1638 Mail Service Center RA 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 appro riate for the two appeals submitted by Petitioner John W. "Skip" Dixon regarding Permit o:'76=03-and Permit No. 77-01 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 C RLYLE July 14,2003 SANDRIDGE Page 2 &RicE 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�WHanna/ 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. MAR-05-2003 WED 03109 PM NC DIV OF COASTAL MGMNT FAX NO, 4 P. 02 --_--CuSE COASTAL, 5 C I E N C E & F N G I N E E R I N G P L L C 804 ARENOEI t 5T(1)MOREL IEAD CITY NC 285.57 • TEI,2,52-2.22-0976 • FAX 252,222-0967 • EMAIL.ew0coosrolsci once.corn MAR 0 15 2003 March 5, 2003 Serial Letter No. 9 Mr. Ted Tyndall N, C. Division of Coastal Management 151-6 Highway 24 Morehead City, (North Carolina 28557 Re: Dogue Banks Beach Nourishment Project, Phase 2, Town of Emerald Isle Extension of Dredging Window Deir Ted: On behalf of the Town Emerald Isle, this letter is to re est at DCM grant the Town an extension of the dredging window for th referenced project. An e n ' n of fifteen days is requested extending the dato that all work has to be c pleted on the beach n equipment removed to April 15, 2003. The reasons for this request are a follows: • The way the Contract Docume a written requires,that the Town grant the contractor additional time delay time for tur and tires. If the Town is not able to grant the additional time due to permit constraints, the ility impose liquidated damages for work not completed in the Contract Time will be lost. a result that the Town would not be able to reserve money that would finance the return e Contract next year to complete any work not completed this year. This dollar amo could be signiff nt for the Town, and could.amount to as much as $1.5 - $2.5 million. /S(uch, this extension absolutely essential to the Town. • As of this date, tir lays to dale only account r 2 hours of delay but additional delays are anticipated to a t ulate through the end of Mar . It is also anticipated that there will be some time delays du turtles. The contractor has Indic d that, if a large number of turtles is spotted in th oject area, he would like to stop opera ' ns and wait for them to pass through the project nd to implement trawling operations in the rrow areas. The trawling plan calls for turtlo tr,wling with two trawlers on site when water tempera res reach 57 degrees. CSE will be monitoring electronically the locations of trawlers and hopper edges so that trawling is implemented to maximum effectiveness. I don't expect that the awler will be permitted to dispose of by-catch in the borrow areas as was the case last year. • Tho production of the cutterhead has been much lower than expected the contractor. This is due to the shallow depth of the cut and the type of sand material that is a ally in the borrow area. The sand in the borrow areas used by the cutterhead has been finer th expe ted. The result has boon that the cutterhead must dredge more material than expected to get an acceptable fill section on the beach. The hopper dredge A. N, Weeks has had very good production with material coming from Borrow areas B2 and A. The contractor is mobilizing a f 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. 4ECEIVED ��co� JUN 1 9 2003 NCDENR DW OfWASTALMMA North Carolina Department of Environment and Natural Resources RA Ell pH 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 Through: Ted Sampson, DCM NE District Manager SUBJECT: Major Permit Request by Building Resources, Inc. (Jack's 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 36 ft. bulkhead and parallel dock along an existing manmade canal bank off Roanoke Sound. The property is approximately 18 ft. wide and 68 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 216 sf. of Public Trust/Estuarine Waters/Coastal Wetlands AEC and the disturbance of about 72 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.) . 33 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: RECEIVE[ TO: Doug Huggett, Major Permits Coordinator, DCM APR 0 9 2003 oy pFCOASTALMANAGBW THROUGH: Ted Sampson, District Manager, DCM RALEIGH FROM: Frank A. Jennings, III, Coastal Management Representative SUBJECT: Building Resources (Jack's Dock) Major Permit Application Recommendations DATE: April 7, 2003 The applicant proposes to construct a 36 ft. long bulkhead and a 6 ft. wide and 36 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 68 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 appears consistent with 07H.0208. 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) The bulkhead alignment will approximate the normal water level at the time of construction. 2) No backfill is authorized. 3) 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 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 alignment to be re-staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 4) 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. 5) 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. 6) The authorized structure and associated activity must not cause an unacceptable interference with navigation. � D3 �5��� WCDENR 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 CE'VE TO: David McHenry APR 1 { Wildlife Resources Commission ATTN: Habitat Conservation Program wonoASTALMANAGEMEW RALEIGH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (JACK'S 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 agenc approves of the project, only if the recommended changes are incorporated. T ' agency ject t the project for reasons described in the attached comments. SIGNEE DATE j/—/0 -0 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 �s I D3 NCDENR APR 0 3 North Carolina Department of Environment and Natural Resources Division of Coastal Management �t�terr.. Y,, Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary April 1,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director JECE' v 1 "' State Property Office Department of Administration APR 15 NU FROM: Doug Huggett qN.OrOWAMAMSBOT Major Permits Processing Coordinator wow SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (JACK'S 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 � { 1J6ATE 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 L ������ 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 ECEIVED TO: Mr. Roberto Canales APR 1 5 2003 State Construction/Materials Branch Division of Highways DNs0FC0A9ALMANM6EMEN-1 RALEW FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (JACK'S 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 cornment 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� ��� n 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 A 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 _ MEMORANDUM: K* 2 8 +1 TO: Mr. Preston P. Pate, r.,J Director -- ---' Division of Marine Fisheries ►-1-c ' YrtT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Building Resources, Inc. (Jack's 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. 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: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ,ram �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 April 1, 2003 MEMORANDUM RIFORVEp TO: Linda Sewall, Director MAY 0 7 2003 Division of Environmental Health DW�0FCQ� QANAQgj T FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: BUILDING RESOURCES, INC. (JACK'S 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. t' 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 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 s q �3Cs �.. II A74 ;A APR 2 2003 R—CbENR STOW PRESERVATION OFFICE 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 rc0 a - 0888 MEMORANDUM TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources D Archives & History Building RECEIVE FROM: Doug Huggett MAY 0 R 2003 Major Permits Processing Coordinator OW SUBJECT: CAMA PERMIT APPLICATION REVIEW ��� fiaz" APPLICANT: BUILDING RESOURCES, INC. (JACK'S DOCK) PROJECT LOCATION: SOUTH SIDE OF US 64/264, FOO HINGTON BAUM BRIDGE, ROANOKE ISLA , DARE COUNT AND ON A MANMADE CANAL OFF ROANOK 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. Thi 09ency objects to the roject for reasons described in the attached comments. 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 APR 0 3 2003 7­1 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 MAR 3 12003 MEMORANDUM: 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. (Jack's 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. 1,�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 a4_ DATE 3 A7 o 3 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 A7iA- WCDENR APR 2 frill! North Carolina Department of Environment and Natural Resources DIViSiON OF Division of Coastal Management WATEr; '7`SOURCES Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 1, 2003 � ® MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW t S5,90 APPLICANT: BUILDING RESOURCES, INC. (JACK'S 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 DATE /LeLIP 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\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 RWAR%SVEre February 27, 2003 John Wilson MAR 0 3 2UU Building Resources, Inc. P. O. Box 970 D'V OF COASTALMgrygGEMENT Manteo, NC 27954 RALEIOH Re: Building Resources 6'x36' 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 Jack 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; this may be sufficient if Mr. Meekins has drawn the dimensions of the proposed development. ■ A Plan View must be submitted that: - Distinguishes between existing and proposed features; specifically the proposed dock and bulkhead features are not labeled, while an existing dock is labeled that no longer exists, 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 Docks; at the scale drawn, it is not possible to distinguish whether it lies over the water, or the land, nor how it relates to the proposed bulkhead, - Indicates Bulkheads; see comments relevant to Docks, - Indicates Water Depth contours or spot elevations - Indicates Adjacent Property Owners' Names; Town of Manteo and DOT are indicated, but these are not necessarily any longer correct; name of property owner to the East should also be provided, - Indicates exact location of Bulkhead; this feature and any associated return walls cannot be distinguished separately from your drawing of the dock, - 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, ed S pson District Manager TS:dc cc: Charles Jones, Assistant Director, Division of Coastal Management Doug Huggett, Major Permits Coordinator, Division of Coastal Management V CCS L DCM% DWQ% Development Type FEE (14300 1601,425100093 1625 6253) (24300 1602 435100095 2341 1. Private,non-commercial development that does not involve 5250 100°%(5250) the filling or excavation of any wetlands or open water areas: 11. Public or commercial development that does not involve the filling or �400 100%(5400) 0°0(SC) excavation of any wetlands 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 0 below applies: III(A). For Private,non-commercial development,If General water Quality 52 100%($250) �0 Certification No.3301 (see attached) can be applied: ill(B): For public or commercial development,if General water Quality 5400 100%(5400) 0%(SC) Certification No.3301(sea attached) can be applied: 111(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff 5-400 60116(5240) 4C%(S16C) determined that additional review and written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality 60%(5240) 40%(5160) Certification No.3301 (see attached) SG00 can not be applied: IV. For development that involves 40%(S19C) the filling and/or excavation of more 5475 60i6(52E5) 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_Coastland Times Legal Advertisement Section P. O. Box 428 Manteo, North Carolina 27954 Re: Public Notice - BUILDING RESOURCES, INC. (JACK'S 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, 9'VTed 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: hdp://dcm2,enr.state,nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%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. (JACK'S DOCK) proposes to construct a bulkhead and 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 NC®ENR 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 (Jack's 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, 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 110%Post Consumer Paper 'MAR I ri :,. .y. tat, r:4.•, •I .,a, era :�. y;G�tLp.4p1 �q r' w1 ",": �.; ••�: •,±' '{'•Z P fr • r: ..(ZAB Cat' ti9� mod' NO `I)=�- 'i 14 IV' COASTAL i lZABETH CITY �' PLC: 3 'this l r is to notify you as an adjacent riparian Lando mer of at�t cG plains to construct�_. _ a 1-k -1 �A D (YOUR M ' (Votes COINSMCIYO\ FLAn -- r in •-�. The sketch an tha reverse s dd accurate' ly depicts theproposcd c rufitioa'; (Myltom Should you have no objections to this proposaL please check a statem=t btlow, sign and date tht blanks b4ow tht.statement and return this lem-- to:,(..1c.i�%t,A/6,- f, 7' D f-+ r1.� r11 11 gy (YOUR-NAME ALNM ADDRESS ..leg 0 soon as possible. Should you heve objections tn'thA proposal, please send your written comments to N-C•J)svisio13 of CoasW Mana neat, 1367 U5 17 South, Elisabeth City,hC.27909. Write commcats mun be receivk. within 10 c3w-'of Dewat of thN nor;eO Fifi = to respond in al their method MfthkA dv wDl be tnte.�rtted,Es no objr_tians. �.� I have no obje-dons to the ro`=as right Objection P 1 P .EfY P �and he.�y wdve that rl t of AsJpanvided'in Geae Statute 113,229. T have objections to the ptxtj= as Pre=tly proposed and have e.7closed commeam M PARIA'V I,.A.�LO41'-XER SIGN'ATL� (DAM - 1*3y sipaturc below z have agreed to the encr 2ChMeal'bf this proj=within my riper satridor and hays waivei he m Wm=.seiback of 15 kle .r. OAM IT-! (DomesticCERTIFIED MAIL RECEIPT Only; Provided) t-11 '? oPostage $ FEB2 o r o certlned Fee tiUASTAL MANAGEMENT't ELIZABETH CITY �O� Return Receipt Fee Pos ar= tQ� --11 (Endorsement Required) co R :, y • C3 Restricted Delivery Fee Y V �Q� }� (Endorsement Requlred) 'a,?sx fU Total Postage&Fees $ ED � Sent To—e—�N h) � � MAR .�. _ _j 00 )�c �. Street,Apt.No., --•----•---- -••' ----•-••-•-•--••--- COASTAL MANAGEMENT or PO Box No. �V./3 f�( /327 /b 3 r, QirCT --•--•-----.._.. . . ...•-••-..-••-•...................... City,State,ZIP 4 rile z ...... :ii 11�1 ,J /Y COMPLETE77 •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign tur item 4 if Restricted Delivery is desired. /� gent ■ Print your name and address on the reverse X r �kl �/ Addressee so that we can return the card to you. B. Received by(Printed Name) Ca�f livery ■ Atfach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 17 ❑Yes- 1. Article Ad ressed to:\, � � If YES,enter delivery address�gj�lr�t�}'�7 No ROW 11�V 3. Service Type 1, ,JRtertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. )elivery?(Extra Fee) ❑Yes 2. (� 6992 tiQ9S E�00 2990 220r! — , PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 FI Ied Book: 1366 P.a.: 329 Dao ld: 60293f0 ' 04102/2001 09:68AM NCoExotse T24919 f0 00 Dao Cod., DEED BRRBRRR M GRAY, REGISTER OF DEEDS DFRE CO. NC • IIII IIIII IIIIIII I II I III II I IIIII I I IIII 10 II INaO'o 321,00i ov germ rlrl ` ' WED FEB 2_0 2003 I i 1 I i.:uASTAL MANAGEMEW Land'frat)srel 0' �� Fl_IZABETH CITY Land'1'rnn'lfcr 1nx: S )t r Fxcisc Tax is. , ,...r W E . "..-_..__�....._.._ Rcrnnlinit I in+c,16ed::nul 1•at••• .. I'ax I.nl Nn. I'arcc•I Identifier Nil. Couuly on the tiny of M 1 V crnred by 1" ��::._. .:.:::r..:=_:.�.:::.._::_.:_:_ .:._..::�.:.::•j::::`:::::_=_—.—.:::___._::•::. . ::::.•::--: ..::_.-�.A>e15�`AkP�,��4TJA(aFMENT FL17,48FTH CITY hfnil alter recanline la: John F.\Nilson,IV- 'I I'.l).Ilex IR'12.hl:Ihlcn,N('27954 his in'l(rununt Was ptcpnted by: John F.Nifsnn.IV Island ctingr Dock Parcel Itricf I)cscriplinn for the lodes NOR'I•II CAROLINA GENERAL.WARRANTY I)E EA) '1111.9 DEED made this 15'"day of march,2(H)I,by and between _.•___.._._ --------- tilt AN1'f1R t;ItANl•FT. J:,hn 1: 1Vifsnn.Jr.anti wil'r. Building Resources,Inc. P11cI1C J.Wilson anti P.O.[lox 1891 Inhn I•.Wilson-IV Mnnlco,INC 27954 Pa+e,in,pp,•i•�iarc I•b.ek for v+cd p+.+: vise,n•Lhoa md,it o(ryu�ry�in+e,cLa,.x+v,of nni+y,mx.e,n(xn a+i,x,w pmine,eLip__ .. .... I'he lie%,,;,I inn(;rnntor and I;ranlce ns used hencin sllnll include said parties,(heir beirs,sneres•aors.+�++•l o+. ivn•.,anJ•:boll inrbule singular,plural,mnsculinc.feminine or tnculer as required by crudest. wi t NF,SSfS n I,flint the(;rnnlnr,for n valuable eoosidemlion paid by the Urnnlee,file receipt of cchjc•h is I+Cj,+Y act;+loN letlged,lln'l mud be these presents does grant,bargain,sell and convey unit)the Urmtee in fee simple all flint cclinin lot of I+rnrrrl of land cimalerl nn Roanoke Island,NOR.;Ilcnd Township,Dnrc County,North Cnrolinn and ionic pnrlicularly described ns follows: Begionior in the Snulhcrn margin orart ohnndoned roadway urthe North Carolina Deparron+t.C.D.O.T.DISK 40a.said beginning'point helm;Incated South g0 Degrees,35 minutes,50 seconds West,960.111 feel from N.C.D.(1.T.DISK 40 fool ()/S Station No.11+74.85 P.T.with survey bnsellne YD; thence proceeding from the pnbt and place orbeginni"RSnnlh R9 degrees,44 minutes,40 seconds East,40 feel Ina point;thence cornering South 00 degrees,15 minutes,20 seconds We'll, approximately 2t.83 feet ton point,thence cornering South 88 degrees,57 minutes,46 seconds West,40.01 feel to n pnht; thence cornering North 00 degrees, 15 minutes,10 seconds East,approximately 22.74 reef (o(lie point and place or beginning.For a more particular description or the properly herein conveyed,reference Is forole In flint plat captioned "Island Camp Dock Parcel as claimed by Wilson,Wilson,anti Wilmn,Parcel of hand Near Washington Bourn Bridge- Itonnoke Island-Nngs Ilend Township-Dnrc County-North Ca prepared by Mason Itny Mcckins doled February 28,2001 which is attached hereto and Incorporated herein by reference. Nil I F:'l IIIC Ff 11411('f)N 1'.\IN¢REVISIONS WIII(•II ARE:murrilm I'FROat HIF PROVISIONS f)r'I'IIF.OITIlf-lAf.11 nt:1 1.11 m n'I r..N I f n IIN-I Ill NOII I It(•,UIOI IN,\IIAR ASSOCIATION ANn 511O111,1)IIF('AIIF.FIII.Ly RFVIEWFI)PRI(1R*I'()FCF('Il l ION, IIIIII 11111 HIM 11111111111111111111111111111111 IN Page:12 e�i,a .ae � ,,, 1- The property hereinabove described was acquired by Grantor by adverse possession. fr11 ' A map showing the above described property is recorded in Plat Book: See attached. FEB 2, ® ?n I l3 TO HAVE VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Gra tt I See le,the c;0,1��`t�'t�F.�aJ�1A�� P El.l?P�BF-Pf 'GiT - sin 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 warrant and defend the title against the IMA!R claims of all persons whomsoever except for the exceptions hereinafter stated. YU1lli Title to the property hereinabove described is subject to the following exceptions: COASTAL ItMI-JAGFMENT FLIZASETH CITY IN WITNESS WtIEREOF,the Grantor fins hereunto set his hand and sent,or if corporate,has caused this instrument to he signed in its corporate name by its duly authorized officers and its scat to be hereunto nMxcd by authority of its Board of Directors,the day and year first above written. � -(Sr.AI.) hn . ;Jr. (.Clef Eslcl Ilso John F. �"xH111re"I" AhWtU TAR Y �y � Us �,North Carolina,Dare County ##� BLA C tp INK 91 the undersigned,a Notary Public of the County and Stele aforesaid,certify(lint John r.Wilson,Jr.,wife Estelle Wilson,and PU6 L i C,o John F.Wilson,I V,Grnntnr,personally appeared bellre me tills day and acknowledged the execution of the foregoing Instrument r� Witness my hand and official stamp or seat,tills lhc /day of .2001 ",oil,still tic My commission expires NORTH CAROLINA DARE COUNTY The foregoing certificate of _ a Notary Public of Is certified to be correct. This instrument an this certificate are duly registered at the date and time in the Book and Page shown on the first page hereof. Barba7CX .Gray,Register of Deeds By ,r1�g [j �'� L tM Pn Assistant Register of Deeds NOTE:TIIIS FORM CONTAINS REVISIONS WTIICTI ARE DIFFERENT FRONITIIE PROVISIONS OFTHE OFFICIAL FORM ritOMI ILGAI'FIT BV 111E NORTH CAROLINA BAR ASSOCIATION AND SHOULD OF CAREFULLY REVIEWED PRIOR TO EXECUTION.