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
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N/F y
DEPARTMENT OF TRANSPORTATION
(DB 620, PG 150)
ASPHALT
PARKING
N/F
DEPARTMENT OF TRANSPORTATION
(ABANDONED ROADWAY) I
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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.