49-03 Henry, Lacy M.

Permit Class Permit Number
NEW 49-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Lacy M.Henry,PO Box 966,Atlantic Beach,NC 28512
Authorizing development in Pamlico County at adj. Raccoon Creek,intersection,of Avenue
A and South Avenue. Oriental , as requested in the permittee's application dated 7/31/02, including
attached the workplan drawings (11), Sheets 1 - 11 of 11 all dated revised 10/2/02.
This permit, issued on April 14,2003 , 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.
Excavation
1) Due to the potential for the suspension of toxins present in the sediment of Raccoon Creek due to the
dredging activities, A turbidity curtain shall be installed around the area to be excavated and shall
remain in place for a 24 hour period after completion of excavation to prevent the introduction of toxic
sediments into the adjacent water body.
2) Excavation will not exceed-6 feet below the normal water level. In no case shall the depth of excavation
exceed the depth of connecting waters.
3) The permittee agrees to comply with the conditions identified in the attached supplement prepared by
the United States Fish and Wildlife Service titled "Precautions for General Construction in Areas which
may be used by the West Indian Manatee in North Carolina",revised June 2002.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary.of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance:
Any maintenance work or project modification not covered rina D. Moffitt,Director
hereunder requires further Division approval.roval. vision of Coastal Management
q
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

,4�
Lacy M. Henry Perniit'#49-03
Page 3 of 5
ADDITIONAL CONDITIONS
14) The backfill material will be clean and free of any pollutants except in trace quantities.
15) The dredge material to be used as baekfill for the permitted bulkhead shall be properly dewatered prior
to backfilling activities.
16) Except for that material obtained by dredging acceptable for use as backfill material, all other backfill
material will be obtained from a high ground source and all backfill material will be confined behind the a
permitted bulkhead.
Commercial Docking Facility
17) The Town of Oriental Land Use Plan.1994 Update requires pumpout facilities or public toilet facilities
for all docks in the Town Harbor (Raccoon Creek) that provide business services to any recreational or
work boat. Therefore, prior to the occupancy of any new slips authorized under this permit, a marine
pumpout, sewage disposal facility or'a high ground public toilet facility will be installed and operable,
and maintainedfor the life of the commercial docking facility.
NOTE: Should the permittee wish to pursue the construction of a publicly accessible toilet facility at the
site in lieu of the required pumpout facility, please contact a representative of the Division of
Coastal Management for a determination of any permit requirements.
18) In accordance with commitments made by the permittee, a locked head policy shall be implemented and
enforced.
19) This permit authorizes only the docks, finger piers, and mooring pilings located in or over the water that
are expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, may become a permanent part of this commercial docking facility . without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
20) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
commercial docking facility. Any sewage discharge at the commercial docking facility shall be
considered a violation of this permit for which the permittee is responsible. .This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
21) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
22) 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. Use of the permitted activity must not interfere with the
public's right to free navigation.on all navigable waters of the United States.
23) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.

Lacy M. Henry Permit#49-03
Page 5 of 5
ADDITIONAL CONDITIONS.
NOTE: This permit does not convey any rights or privileges, either in real estate or material.
33) The permitted activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside of the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
34) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No.claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any-
such activity for this determination.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3301 (DWQ Project No. 030111).
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310338.

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 14,2003
Mr.Lacy M.Henry
P.O.Box 966
Atlantic Beach,NC 28512
Dear Mr.Henry:
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, [phone] within twenty (20) days of this decision on
your pen-nit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission-makes the
final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance.By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure ,
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

1
t
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Lacy M. Henry
PROJECT NAME:
2. LOCATION OF PROJECT SITE: Pamlico.County at intersection of Avenue A and South Avenue on
Raccoon Creek in the Town of Oriental
Photo Index- 2000: 78-858 Q3 1995: 78-853 019
State Plane Coordinates -.X: 2,69.0,100 Y: 476,400
Oriental Quadrangle Lower Left
GPS File#M103019A
3. INVESTIGATION TYPE: CAMA&D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 14 August 2002, 30 October 2002
Was Applicant Present—No Yes, Agent
5. PROCESSING PROCEDURE: Application Received— 17 December 2002
Office—Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Town of Oriental 1994 Update
Land Classification From LUP—Developed(Land), Conservation(Water)
(B) AEC(s)Involved: EW, PTA, CS
(C) Water Dependent: Yes
(D) . Intended Use: Commercial
(E) Wastewater Treatment: Existing—None
Planned '-None
(F) Type of Structures: Existing—Old docks,marine railway
Planned -Docks, bulkhead,pilings
(G) Estimated Annual Rate of Erosion: None
Source—Applicant
7. HABITAT DESCRIPTION:; [AREA]
DREDGED FILLED OTHER
(A) Vegetated.Wetlands
(B)Non-Vegetated Wetlands 24,700 ft2 300 f 16,800 ft2
Creek Bottom Usurped,
1,956 ft2
Shaded
(C) Other
Uplands
(D) Total Area Disturbed: 41,800 0.96 ac
(E) Primary Nursery Area: No
(F). Water Classification: SC HQW NSW Open: No
8. PROJECT SUMMARY:Applicant proposes to construct an 8-slip docking facility,install 147 linear feet of
bulkhead and conduct excavation in Raccoon Creek.

Pamlico County
Lacy M. Henry
Project Setting
The applicant owns a 0.23-acre parcel of land adjacent to Raccoon Creek in the Town of
Oriental in Pamlico County, North Carolina. The property is located at the intersection of South
Avenue and Avenue A. The site was used as a boat yard that operated in this location from 1912
through 1981. There are dilapidated docks adjacent to the property that will be removed if the
proposed development is permitted. In 1955 Hurricane Ione destroyed the high ground structure
previously on the site. The property is vegetated with various upland grasses,pine trees, oaks and
sweetgum.Because the site was the location of a commercial facility,it has been heavily impacted.
There are pieces of machinery and remnants of a marine railway scattered around.the property. A
chain link fence surrounds the property on three sides,with Raccoon Creek defining the remaining
property line. The shoreline is unprotected and has experienced some erosion over time. The creek
bottom is sandy and unvegetated at this location. The water is 6' deep at the end of the proposed
structure.
Raccoon Creek is the primary harbor for the Town of Oriental and has been the site of
commercial activity for many years. Commercial fish houses,marinas,and a hotel border the creek.
The project property is on the east shore of Raccoon Creek.There is a commercial fishing operation
to the south of the project property.The shoreline is bulkheaded and there are several docks adjacent
to the property. Several large shrimp boats are moored at the docks. A rock jetty maintained by the
US Army Corps of Engineers projects westward from the adjacent property. There.are large
buildings adjacent to the existing bulkhead,and most of the property is covered with gravel parking
areas or building roofs.The property to the north is the site of a dock and small structure.The area is
used to moor commercial fishing vessels. This shoreline is also bulkheaded.
At this location, Raccoon Creek is classified SC HQW NSW by the Environmental
Management Commission.The property is located in the Neuse River Basin. The waters are closed
to the harvesting of shellfish.
Project Description
The applicant proposes to construct two commercial docks.The dock on the north side of the
property would be 6'by 135'with no finger piers. The dock on the south side of the property would
be 6'by 108'with three finger piers. The finger piers would be 4' by 14',4' by 23',and 4' by 21'.
There are five triangular shaped platforms proposed on the north side of the structure.The platforms
vary in size: There are two 8' by 20' triangles, two 5' by 15' triangles and one 5' by 17' triangle
proposed. The applicant also proposes to install 147 linear feet ofbulkhead along the shoreline.The
proposed alignment would be a maximum 11' waterward of the normal water level at some points
along its length, but would be above the normal water level at other points. The average distance
waterward of the normal water level would be 0'. In order to achieve similar water depths in all of
the proposed slips,the applicant is requesting authorization to excavate a 190'by 130' area adjacent
to his property.Existing water depths average-3.2'NWL,and the proposed final project depth is,-6'

NWL. The applicant is proposing to remove 2,100 cubic yards of material from Raccoon Creek. If
suitable, the spoil material would be used as backfill for the proposed bulkhead.Any unacceptable
material or material in excess of that needed as backfill would be removed from the property and
disposed of on a high ground site.
Anticipated Impacts
The project as proposed would impact 41,800 fft . The dock and finger piers would usurp
16,800 square feet of creek bottom, of which 1,956 f would be shaded. Approximately 300 f�of
shallow water would be filled during construction of the bulkhead, and 24,700 square feet of creek
bottom would be removed during the proposed excavation. Short-term localized turbidity would
result from construction.
Tracey L. Wheeler—29 January 2003

Form DCM-MP-1
-MN
ArPLICA,
(To be completed by
T - I
i G
'
DEC 1 7200
City, town, comma nit or landmark
I. APPLICANT q MOREHEAD
y'
C. Street address or secondary road number -
a. Landowner: South .Ave. and Avenue A intersection
Name Lacy M. Henry d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address 'P. O.Box 966
e. Name of body of water nearest project (e.g. river,
City Atlantic Beach State N.C. creek, sound, bay) _Racconn -Creek
Zip 28512 Day Phone .252- 726-7028
Fax 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Naive Robert M. Chiles, P.E, a. List all development activities you propose (e.g,
building a home, motel, marina, bulkhead, pier, and
Address P. n. Box 3496 excavation and/or filling activities.
Piet. bulkhead, excavating, filling
City ' New Bern, State N- C-
Zip 28 64 Day Phone _(252) 637-470.2 b. Is the proposed activity maintenance of an existing
project, new work, or both? new
Fax (252) 637-3100
c. Will the project be for public, private or commercial
C. Project name (if any) N/A
use? Commercial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE; permit will be issued in name of landowner(s), andlor project. If more space is needed, please attach
project name. additional pages.
See attached narrative
2. LOCATION OF PROPOSED
PROJECT
a. County Pamlico

Form DCM-MP-1 - -- -
;+� l 00?
oEc I2002
m, escribe, is ing wastewater`treatment facilities.
4. LAND AND WATER
_- Xi-tin Municipal wastewater
CHARACTERISTICS COA%,'G' f at available
a. Size of entire tract 0.23 Ac. n. Describe location and type of discharges'to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface
c. Approximate elevation of tract above MHW or runoff across site
NWL tract slopes. to water from elevation
ms .
d. Soil type(s) and texture(s) of tract o. Describe existing'drinking water supply source.
AaA (Altavista) , loamy fine sand None existing: Municipal
water sunaly available
e. Vegetation on tract sand beach, grass,,
mixed trees , shrubs and vines
f. Man-made features now on tract Portion of
old marine railway and boatyard 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (Cow. the local kvd use plan.) In addition to the completed. application form, the
following items must be submitted:
Conservation Transitional
X Developed Community • A copy of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not .
h. How is the tract zoned by local government? claiming to be the owner of said property, then
Mu-mixed use District forward a copy of the deed or other instrument under
which the owner claims title,;plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X Yes No
(Attach toning compliance cerr#icare, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by I V white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7J.02030 for-a
If yes, by whom? derailed description.)
.k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does. it involve a National only high quality copies will be accepted. Blue-line
Register listed or.eligible property? prints or other larger plats are acceptable only if an
Yes X No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? Yes X No Engineers regarding 'that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been Conducted? requirements and it must be sufficiently detailed to
(Auach documentation, if available) guide agency personnel unfamiliar with the area to the

Form DCM-MP-1
E DEC 17 2002
site. Include highway or secondary road (SR)
F I•
numbers, landmarks, and the like. 6. CERTMCATION-AND
' -- SI�I
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions-contained in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
-Management. Upon signing this.form, the applicant approved. Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name Eston S: Styron I certify that I am authorized to grant, and do in fact,
Addressp_ n Rnx Inn, nr;en .al , N.C. grant permission to representatives of state and federal
Phone review agencies to enter on the aforementioned lands in
Name Fulcher Point, LLC connection with evaluating information related to this
permit application and follow-up monitoring of the
Address P:O. Box 250 project.
Phone Oriental, N.C.
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
Z
• This is the day of
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers; Print Name Lacy Henry
permittee, and issuing dates.
None Signature
Landowner or Authorized Agent
• 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
application. X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
•. A signed AEC hazard notice for projects in X DCM MP-4 Structures Information
oceanfront and inlet areas. DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
• A statement of compliance with the N.C.Environmental. Policy Act (N.C.G.S. 113A - 1 to NOTE: Please sign and dare each attachment in'the 10) If the project involves the expenditure of public .space provided at the bottom of each form.
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

DEC T 2002
APPLICATION TO DEVELOP IN NORTH A , '�WWAREA
NARRATIVE DESCRIPTION OF PURPOSE,ME�THOC G 1ST-RUCTION,
AND DAILY OPERATIONS OF PROPOSED PROJECT
ATTACHMENT TO FORM DCM-MP-1 (3)(d)
The purpose of this project is to improve the site of a former boatyard and the adjacent waters to
create docking spaces for 8 boats.
Using barge mounted and land based equipment, the remains of the previous dock system will
be removed. The site will be bulkheaded to connect existing bulkheads on adjacent properties. Backfill
material will be provided by dredging the area of the previous dock system. Dredge spoil In excess of
the volume required for backrilling will be removed to an acceptable offsite location. After the proposed
bottom depth is established, new docks and mooring piles will be constructed to provide the desired
number of docking spaces.
Owing to the serpentine alignment of the existing normal water line, the proposed bulkhead
alignment reaches maximum distances of 16 feet landward and 11 feet waterward.from the existing
normal water line.
The proposed bulkhead installation will connect existing bulkheads on the adjacent properties.
This will serve to protect the project site from any increased erosion potential created by the proposed
dredging activity, and provide the means to.raise the project site to a grade equal to,that of the adjacent
properties. The bulkheaded site will be graded and landscaped to create an improved riparian buffer and
establish diffuse stormwater flow to the creek.
Services provided at the docking spaces will include water and power only.A locked head policy
will be enforced.
Daily operations will include docking space management, dock and services maintenance.
F:WikeRiDocumeMs@[e-mail]

Form DCM-MP-2
71,
DEC 1 T 2002
EXCAVATION
i L
PEA P__ �_p_t� y et.
Mfzl+lf9L�l'ai'i'�;V�
AND
Ei-EAD
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major.
Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed project:
a. Amount of material to be excavated from below
Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 2-J00
fill activities. All values to be'given in feet.
b. Type of material to be excavated Sand
Average Final
E'°SttProjt c. Does the area to be excavated include coastal
h
Length Width Depth.
Depth
wetlands (marsh), submerged aquatic .vegetation
Access (SAVs) or other wetlands? Yes: X No
channel
(MLW) or (NVf Q d. Highground excavation in cubic yards 0
Canal
2. DISPOSAL OF EXCAVATED
Boat MATERIAL
basin
1,190 130' 3.2' - 6'
a. Location of disposal area Adjacent uplands
Boat and appropriate offsite disposal
ramp
b. Dimensions of disposal area - 4n, x ,in,
(adjacent uplands)
Rock �:-:.-•f•�;.'��:'.'�"-„
Z.
groina� :>.-..
c. Do you claim title to disposal area?
X Yes No
Rock � , If no, attach a letter granting permission from the
breakwater .Y; .� ,u3; f owner.
Other d. Will a disposal area be available for future
(Excluding maintenance? Yes X _ No
shoreline If yes, where?
stabilization)

Form DCM-MP-2
Shw
e. Does the disposal area include an coastal wetlands q1D
IRV 1 7 2002
P Y Y l .. a, . . .
(marsh), SAVs or other wetlands? ( Amo.R f material to be. placed in the
Yes X No COAST I M dl�: c...
(2 dimensions of fill area
f. Does the disposal include any area in the water? 140 x 50
X Yes No (3) Purpose of fill provide topsoil cover
above dredge spoil fill material
Behind a portion of the proposed bulkhead
b. Will fill material be placed in coastal -wetlands
3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands?
Yes' X No
If yes,
a. Type of shoreline stabilization (1) Dimensions of fill area
X Bulkhead Riprap
(2) Purpose of fill
b. Length 147'±
c. Average distance waterward of MHW or NWL
0
5. GENERAL,
d. Maximum distance waterward of MHW or.NWL
11 ±
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled? Fill will be retained
0 by bulkhead. Excess material will e
(Source of infonwdon) remnveri t atP nffsi to 1 nrati nn
f. Type of bulkhead or riprap material Vinyl
sheet pile -bulkhead b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards to be placed below dredge)? .
water level clamshell dredge, backhoe, barge based
(1) Riprap pile driver
(2) Bulkhead backfill 3j avg .
h: Type of fill material Dred e Spoil * c. Will wetlands be crossed in transporting equipment
YP gto project site.7 Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material Dredging activity
4. OTHER FILL ACTIVITIES Lacy Henry
Applicant or Project Name
(Excluding Shoreline Stabilization)
Signature
a. Will fill material be brought to site?
X Yes No
7- 3,(- 7

Form DCM-MR4
QEG 1 200 `
TU T ; _
l k
(Construction within Public Trust Areas) V ;�r`�rtu� "S
Attach this form to Joint Application for CAMA Major e. Mooring buoys • N/A
Permit, Form DCM-MP-1. Be sure to complete all (1) — Commercial _Community_Private
other sections of the Joint Application which relate to . (2) Number
this proposed project. (3) Description of buoy
(Color, inscription,size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) x%Commercial _Community_Private
(2) Number 2
(3) Length 1351 (N) 108 (S) 1-�315 s q f.t (4) Width of water body
(4) Width 5 ' (N) ' 6 ' (S) (5) Distance buoy(s) to be placed beyond
(5) Finger Piers x Yes No shoreline
(i) Number 3
2 4 s q. ft .1(ii) Length Varies (14 ' -2 3 ' ) f. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width, 4' (1) x Commercial —Community
(6) Platform(s) x Yes No (2) Number 11 Mooring P i.l e s Private
�(i) Number 5 (3) Length N/
).1 sq . } Q(iii)
i) Length Varies (30- sq .ft . ea . ) (4). Width N/Width Varies
(7) Number of slips proposed 8 g. Other (Give complete des'* don)
(8) Proximity of structure to adjacent riparian �/A
property lines 15 ' To.tal area proposed by section a .
(9) Width of water body, ;t"'' is 1 , 740 s.q . ft..
(10) Water depth at waterward end of ier at
MLW or NWL Existing: 6 . (l�� 4 . 5 ' (S)
Pfoposed : o
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length Lacy Henry
(3) Width Applicant or Project N e
c. Groin (e.g. wood, sheetpile, etc.) N/A. s.
(1). Number
(2) Length(s) 2
to
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands

ri
NOTES.,
FOR REFERENCE,SEE MAP BK. I PAGE 19, PAML/C0
COUNTY REGISTER OF DEEDS � F q
� �.
BOOK 104 PAGE 97 A,EN,
Shore/lne of
Raccoon Creek Slle Mr ,•e- �. dM,
N29.42'41"E 16.34' Vicinity Map
N 23'27'58"E 40.00' F S
N 61'36'31"E 26:51' FOB AN '
N 49'02'42"E 14.16' / G
coo ��`�y� :" G : W 0 ?
O p0.00"E y
N 78 4.08
^ a.
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---SURVEY FOR--
�a,Nr...r^.r",..�. LACY HENRY
NO. 5 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA
9 . MARCH 17. 1995 SCALE: 1"r 30,
RES 4
�1 I `� 0 30 60 90 120
•�'s,�.yjs f —GRAPHIC SCALE---
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DENNIS FORNES 8 ASSOCIATES P.O.BOX 2947 NEW BERN.N.C. l919163B-3615

Lacy Henry CAMA.Project Vicinity Map
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PROJECT SITE
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Ile
'o
DEC 1 7 2002 `g
A- \ O 2 Off/ ESTON S. STYRON
D.B. 304, P. 936
La
--3-
/ CL
/ R€MA F
0 ti
J^� REMA/ EX l
LD LNG MA /
ti E RA LWAY ;
/ REMAINS pF -, / El
0 I LACY M. HE Y— rJ
/ D.B -2 , � 131
4, P. 3 \
Q LK AD /
RF N❑RMA _ Z
DOCK
X15� G El
N/F CUE 9
FULCHER POINT, LLC
D.B. 309, P. 171 El
�Vaa4t a,RSS a.,�p` O
GRAPHIC SCALE .'"
LEGEND
30 0 15 30 EIP = EXISTING IRON PIPE ' '.`��{ : ;,-•'.�' o
RRS = RAILROAD SPIKE
CLF = CHAIN LINK FENCE `��n�souo�9aaa
= PROPERTY LINE
!EV. 1 ADD SHEET NUMBER AND NORMAL WATER LINE LABEL 1 10-02-02 SHEET 1 OF 11
C.A.M.A. MAJOR PERMIT APPLICATION DATE: 07-23-2002
o RpBERT M. CHILES, P.E.
LACY HENRY JOB NO.: 2001019 ENGINEERS AND CONSULTANTS
EXISTING CONDITIONS 1" = 30' NEW BERN, NORTH CAROLINA
iIENTAL — TWSP 5 — PAMUCO COUNTY — NORTH CAROUNA SCALE:

DEC l7 2002
/ /ci / � 04,5'±
/ � / 0Jv N/F
/ ESTON S. STYRON
D.B. 304, P. 936
Lu
CtF
I �
• QUO 5' /
G
io
5 ER tL
LACY M. HENRY-
D.B.204� 1s 131
i l R —D.B. 304, P. 93
lilll� 0 A NCR N _ .._...._••-.�
G DOCK F .._.._ RRS G
�yC15 El
N/F CLF y
FULCHER POINT, LLC
D.B. 309, P. 171 El
0,0�,61911107r��,�
/a N
o
�Jy �
EGENO fu SEAL
�
EIP = EXISTING IRON PIPE
RRS RAILROAD SPIKE S o
GRAPHIC SCALE CLF = CHAIN LINK FENCE (�wF.sm " ��
30 �i. r�d"� 'an�.oce�°
0 15 m = PROPERTY LINE ., ,• t'vu 6
�8(5' SPOT ELEVATION
• = MOORING PILE aslle4a°�`�
2EV. 1 ADD SHEET NUMBER, NORMAL WATER LINE AND PROPERTY 1 10-02-02 SHEET 2 OF 11
OWNER INFORMATION, REMOVE CONSTRUCTION LINE
C.A.M.A. MAJOR PERMIT APPLICATION DATE: 07-23-2002 ROBERT M. CHILES, P.E.
FOR
LACY HENRY JOB NO.: 2001019 ENGINEERS AND CONSULTANTS
PROPOSED DOCKS AND CONTOURS 1" = 30' NEW BERN, NORTH CAROLINA
MENTAL — TWSP 5 — PAMLICO COUNTY — NORTH CAROUNA SCALE:

MOORING PILE
2x6 DECKING !k "
FASTENED WITH
STAINLESS STEEL 4" DEC 1 ? 2002
DECKING SCREWS (TYPICAL) 9 3
12,
NO
STRINGERS.
WALERS, AND BLOCKING
10." DIA. PILE
(TYP)
ILL WALERS AND STRINGERS CONNECTED
TIPIKED
PILING WITH 5/8" 0 BOLT THROUGH A GRID CONNECTOR OR DOUBLE BOLTED.
4,
7..
(MOORING PILES)
4'
0' MSL
CROSS BRACING AT
EACH DOCK PILE BENT
PROPOSED BOTTOM —6' MSL
,
• 6'a�eeeeeeiae��p��'®'A
10' EMBEDMENT DEPTH ,`° �© o, Z/,l'®°>® N
OR REFUSAL, �
Ss�
ALL PILES
@� SEAL
® 5365 o
00
4�.S
o p.qy� tl Ji
O
O
N
REV. 1 I ADD SHEET NUMBER 10-02-02 SHEET 3 OF 11 g
C.A.M.A. MA40R PERMIT APPLICATION DATE_ .07-23-2002 FOR ROBERT M. CHILES, P.E.
LACY HENRY J08 NO.. 2001019 ENGINEERS AND CONSULTANTS
NORTH DOCK DETAILS 3 16" = 1` NEW BERN, NORTH CAROLINA
RIENTAL.— TWSP 5 — PAMLICO COUNTY — NORTH CAROLINA SCALE:

6'-6'
Tl
� Y s
c„ S
DEC 1 7 2002°}/�j��3
a
1a�' 6TYP)
f ;
ALONG MAIN Y
8
DOCK
4'
2x1D STRINGERS,
WALERS, AND BLOCKING
2x6 DECKING
FASTENED WITH
STAINLESS STEEL (O"jIA. PILE
DECKING SCREWS (TYPICAL)
ALL WALERS AND STRINGERS CONNECTED
TO PILING WITH 5/8" 0 BOLT THROUGH A
SPIKED GRID CONNECTOR OR DOUBLE BOLTED.
MOORING PILE
(MOORING PILES)
4'
0' MSL
CROSS BRACING AT
EACH DOCK PILE BENT
PROPOSED BOTTOM —6' MSL
24F
® ­jA CARO`, ,,As o
10' EMBED M IT qft- C)
OR REE SAA
ALL ILE, SEAL uv�
® 5365
LN
°'go lu94o9e°°
iEV. 1 ADD SHEET NUMBER 10-02-02 SHEET 4 OF 11
C.A.M.A. MAJOR PERMIT APPLICATION DATE: 0�-23-2002
Q ROBERT M. CHILES, P.E.
LACY HENRY JOB NO.:. 2001019 ENGINEERS AND CONSULTANTS
SOUTH DOCK DETAILS 3 16" = 1' NEW BERM, NORTH CAROLINA
2IENTAL — TWSP 5 — PAMLICO COUNTY — NORTH CAROLINA SCALE:

DEC
1 7002
X 4.5't
Qp
I I / • C � • '- Po '
5 S°
ffff
/
N ^�LACY M. HENRY—
El
D.8y2 131
/ �D `0.8. 4, P. 93 1
." `.
5'/"
Nl A �_ : �,._—.• �
LEGEND /,� D OOCK F = -- .. RRS G
— EXISTING CONTOUR �5 El �^
PROPOSED CONTOUR N/F cam.
X 5' SPOT ELEVATION FULCHER POINT, LLC PLAN SCALE: 1" = 40'
D.B. 309, P. 171 EI
6.00
0,00 =
-8.00
TH
-16.00
`�IIIIIB119►dp-0�0j
END OF
SEAL (�� PROPOSED BULKHEAD
PROPOSED DOCK v m 5065
IF
6.00 0 N
O
0.00
K
•0 E
U
-16.00 s
0
PROPOSED BOTTOM SECTION SCALE: 1" = 20'
IEV. 1 ADD SHEET NUMBER, NORMAL WATER LINE AND PROPERTY 10-02=02
OWNER INFORMATION SHEET 5 OF 11
C.A.M.A. MAJOR PERMIT APPLICATION FOR DATE: 07-23-2002 ROBERT M. CHILES, P:E.
LACY HENRY ,LOB No.: 2001019 ENGINEERS AND CONSULTANTS
CONTOUR SECTIONS (PARALLEL TO DOCK) AS INDICATED NEW BERN, NORTH CAROLINA
41ENTAL - TWSP 5 - PAMLICO COUNTY - NORTH CAROLINA SCALE:

/
. Qo DEC 1 7 200
V, 4;5'* -'
sTYB' Lz.
W
51
5,,// ElP
N 3 LACY M. HENRY-
/ D.B„2 131
-TB. P. 93 .
Nl .._
_LEGEND El RRS G
— — EXISTING CONTOUR c� a
PROPOSED CONTOUR N/F PLAN SCALE: 1" = 40'
)8(5• SPOT ELEVATION FULCHER POINT. LLc
D.B. 309. P. 171 EI
0
—4.00
—8.00
si4a d�-Il�a j��
E�A CAR®'®/os
�` Y OM
RIP RI
INEAN °e�� '-�,$ • RIPARIAN
- LINE
15' SETBACK e o 5365 �1�` 15' SETBACK
m 4
o
0
✓e•�• °ymo®u®rr � ♦ I
G IN
� If gi1Aa O
III ULL[ILL--
—4.00
—8,aa E
0
U
Ol
—16.00 0
N
PROPOSED BOTTOM SECTION SCALE: 1" = 20' 15
ZEV. 1 ADD SHEET NUMBER, NORMAL WATER LINE AND PROPERTY 10-02-02 SHEET 6 OF 11
OWNER INFORMATION
C.A.M.A: MAJOR PERMIT APPLICATION 4 DATE. 07-23-2002 FOR RpBERT M. CHILES, P.E.
LACY HENRY JOB NO.: 2001019 ENGINEERS AND CONSULTANTS
CONTOUR SECTION (PARALLEL TO BULKHEAD) AS INDICATED NEW BERM, NORTH CAROLINA
RIEWAL — TWSP 5 — PAMUCO COUNTY — NORTH CAROLINA SCALE:

o It
J.
EC
2aa
PROPOSED BULKHEAD i
I 2 7 ?
ROPOSED BULKHEADi f /
30 sq.ft.
Platform
/ MOORING PILE /
i Fi3 s ft.
I � 8
/
I I / 30 sq.ft.
• / Platform
-46
� o
35 sq.m
Platform
/ o
n4 W
+' ^ M
to
o • / 46 sq.ft.
00
to I I Platform
/
• / Platform
04
vat meDea®a ®Z/,g- B N O
o
10
• SEAL \`b e �
m 5365 AN04
= °
...coo�RIIN
O
iEV. 1 ADD SHEET NUMBER AND NORMAL WATER LINE 10-02-02 SHEET 7 OF 11
C.A.M.A. MAJOR PERMIT APPLICATION DATE; 07-23-2002 FOR RpBERT M. GRIEFS, P.E.
LACY HENRY JOB NO.: 2001019 ENGINEERS AND CONSULTANTS
40ORING PILES; DOCK, FINGER, & PLATFORM DELINEATION 1 1" =16' NEW BERN, NORTH CAROLINA
,RIENTAL — TWSP 5 — PAMLICO COUNTY — NORTH CAROLINA SCALE.

1'-0"x1'-6"x12'-O" SECTIONS SHOREGUARD SERIES 400
CONCRETE CAP ( 16' SHEET PILINGS
3/4" GALVANIZED THREADED ROD 3'xt'-6" DEADMAN
2'-6"'LONG f 0 4'-O"t O.C. 1 I CONTINUOUS WITH SEAWALL
3 4'0 GALVANIZED ROD
(2)#4 REBAR CONTINUOUS
(5) 5 REBAR CONTINUOUS w/_ GALVANIZED TURNBUCKLE ALONG DEADMAN"
3 MINIMUM
#4 STIRRUPS 3'-0' O.C. EDGE CLEARANCE
BULKHEAD PLAN VIEW
1/4" - 1'-O"
3/4" GALVANIZED THREADED ROD
2'-6" LONG f
TOP CONCRETE CAP'ELEV. 5.0' PROPOSED GRADE FILL TO ELEV. +5
66' TOPSOIL LAYER
SAND BACKFILL
3 4`e GACVgNI a
GALVANIZED TURNBUCKLE
pppRpX, EXISTING GRADE #4 REBAR CONTINUOUS
ALONG DEADMAN
3" MINIMUM o
-� EDGE CLEARANCE !
WATER LEVEL ELEV. 0,0' `-
iPROX. EXISTING BOTTOM SHOREGUARD SERIES 400 20'-0"
16' SHEET PILINGS
BOTTOM ELEV. -z.o' AT BULKHEAD --- BULKHEAD CROSS SECTION
1/4" = V-O"
3
0
18" 9aalaa@g I
4 S1IRRUPS 3'-0' O.C. 3 4" GA VANIZED 1HR ADED ROD �``` p4ge,\A CAR��,d � o
DREDGED BOTTOM ELEV. -6.0' 3" TYp / FS ® s
2'-6 LONG t 0 4-0"t'O.C. �. �6
GALVANIZED TURNBU LE d SEAL
(5)#5 REBAR CONTINUOUS 5
6' 6" 6" 6 5 s LI
.`+.Y�� a.yeit+auumm �•�
'CONCRETE CAP DETAIL
1/2" = 1'-0" `ggtaaaea►a'� _h:st(i
'. 11 ADD SHEET NUMBER 10-02-02 SHEET 8 OF 11
C.A.M.A. MAJOR PERMIT APPLICATION DATE: 07-23-2002
FOR
y
LACY HENRY roe No.: 200,0,9 ROBERT M. CHILES, P.E.
ENGINEERS AND CONSULTANTS
BULKHEAD DETAILS AS INDICATED NEW BERM, NORTH CAROLINA
ORIENTAL — TWSP 5 — PAMI 1410 (`MINTY - NARTN rARCH INA SCALE:

Jam' N F
ESTON STYRON
I / � /'OQ/ � �yl, D.B. 304, P. 936
lb
oeil AREA w
TQ BE o
�I DREDGED \ OCF
AREA
( TO BE
I 1 FILLED
I I ( DREDGE VOLUME 5,
2 ( 2,100± CY , w
I ' , LAC EN c�
i D.
o i _ 304, 1
FILL 1
/ 20.0±CY , N
N
' 5' 11 0
CA
\��\\,�► CK CRFT NO
LEGEND G 00 F ��A®ASS/ °� ® RCS
— — EXISTING CONTOUR EX�S� El SEAL
PROPOSED CONTOUR
ctF ,- v --
N F 5365 1 " `
5' SPOT ELEVATION
FULCHER POINT
, LLC
D.B. 309, P. 171 El ` '�
G- `'°��AA gg ,,ram mf
® '" eIi'6l4��wm�m `G✓ €: � Via::;:, €
'. 1 ADD SHEET NUMBER AND NORMAL WATER LINE 10-02-02 °O°�s� '�• � �` H_E T 9 OF 1?P fl
C.A.M.A. MAJOR PERMIT APPLICATION
' GRAPHICS SCALE15. s FOR DATE: 07-23-2002 ROBERT M. CHILE ;—
`f":E.
LACY HENRY JOB NO.: 2001019 ENGINEERS AND CONSULTANTS
DREDGE AND FILL AREAS
ORIFNTAI — TWRP S — PAUI Irn RUNTY — NnpTd recnd INA SCALE 1�� = 30' NEW BERN, NORTH CAROLINA'

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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: LacyM. Henry County: Pamlico
LOCATION OF PROJECT: The intersection of Avenue A and South Avenue on Raccoon Creek in the
Town of Oriental
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/17/02
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Tracey Wheeler DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: I 3 1-c'3 FEE REC'D: $ 4bo.60 loe�pc�1
PUBLIC NOTICE REC'D: 01 l z>1A ✓ END OF NOTICE DATE: oz/zs/e,.3
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: 8/
APPLICATION ASSIGNED TO: S L ON:
C) 75 DAY DEADLINE: 3/210 3 150 DAY DEADLINE: 5-/A j(j-5.
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: 3622/03 FED COMMENTS REC'D: `��l dM
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON I /G 3
AGENCY DATE COMMENTS OBJECTIONS: NOTES
d
RETURNED YES NO
Coastal Management-Regional Representative Z,/4103
is
Coastal Management-LUP Consistency I ')f 103 &d�a e!5
Division of Community Assistance Z,q/IJ3
Land Quality Section 2! l'L/v3 S re
Division of Water Quality ����a ✓ 3dJ� %V��
Storm Water Management(DWQ) d
State Property Office e&xW A4 re u)red
Division of Archives&History
Division of Environmental Health CU,,n wn h
Division of Highways 2 S(63
Wildlife Resources Commission 2-68103 ✓ COmm.er►lf
Division. of Water Resources 315/1G%
Division of Marine Fisheries g14
v3 ✓ CU
Submerged Lands(DMF) Ell I
onfflW JF111,1l lbWsuit Peep, d►spl& M&Y%&+ez.. Gctl'Lc(/Yw

IJ e(ti �l NLO�T'
COP N (c , C,Kcrie-�s Jd,,-t
NCDENR Ltro �� (3a �►�A
North Carolina Department of Environment and Natural Resources 5��
Michael F. Easley, Governor June 17, 2003 William G. Ross Jr., Secretary
MEMORANDUM `
To: Jim Gulick JU.N 1 q 2003
Senior Deputy Attorney General
Div.®F Cop STALMANAGE �'g
From: Dan Oakley V
`General Counsel
Re: Petition for Judicial Review;
Town of Oriental v. Coastal Resources Commission
Attached please find a Petition for Judicial Review(and an amended petition),
which were served on me as indicated. The Coastal Resources Commission's
determination is denying a third Party Hearing Request of the petitions is at issue. Please
assign an attorney to represent the Commission.
Thank you for your attention to this matter.
cc: Donna Moffitt
Attachment 7No atf4-c Ame,�
DO:np
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR/
An Ecua:Oooar niryag,.i UreApQn Emoa,e•.5C•:Rec.aer 10a Pn51:.onsumer Pape:

RECEIVED
MAYJ4 2003
STATE OF NORTH CAROLINA BEFORE THE CHAIRMOFCOASTALMANAGEMEN
COASTAL RESOURCES COMMISSIONRALEIGHH
COUNTY OF PAMLICO CMT 2003-04
IN THE MATTER OF THE )
THIRD PARTY HEARING ) RECOMMENDATION OF THE
REQUEST BY TOWN OF ) DIVISION OF COASTAL MANAGEMENT
ORIENTAL )
I. BACKGROUND
The Town of®rie al has filed a third party hearing request seeking a hearing on Coastal
Area Management Act (CAMA) Major Development Permit No. 49-03 issued to Lacy M. Henry
by the Division of Coastal Management. Permit NoW.A9=�43 authorizes Mr. Henry to construct an
eight slip docking facility, install 147 linear feet of bulkhead, and conduct excavation in Racoon
Creek at the intersection of South Avenue and Avenue A in the Town of Oriental, Pamlico
County. The Town claims that it owns the southern terminus of South Avenue and that the
Division of Coastal Management should have suspended processing Mr. Henry's permit
application until the ownership dispute was resolved.
Under the CAMA, a third party may file a contested case hearing petition with the Office
of Administrative Hearings (OAH) to challenge the issuance of a permit to someone else only if
the Coastal Resources Commission (CRC) first determines that a contested case hearing is
appropriate. N.C. Gen. Stat. §113A-121.1(b)provides that the determination of whether a
hearing is appropriate should be based upon a consideration of whether the petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
2. Is directly affected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the
hearing request is not frivolous.

2
The CRC has delegated the authority to its Chairman to determine whether a third party
hearing request should be granted or denied. Rule 15A N.C. Administrative Code (NCAC) 7H
.0301(b). A third party whose hearing request is granted may file a petition with the OAH. A
third party whose hearing request is denied may seek judicial review.
II. FACTS
1. On December 17, 2002, Lacy M. Henry filed an application with the Division of
Coastal Management for a CAMA major development permit to construct an eight slip docking
facility, construct 147 linear feet of bulkhead, and conduct excavation to improve navigability in
Racoon Creek in the Town of Oriental. (Attachment 1 is a copy of Mr. Henry's permit
application which is hereby incorporated by reference.)
2. The proposed project is on the east side of Racoon Creek at the intersection of
South Avenue and Avenue A.
3. A boat yard was formerly located at this site. The high ground structure was
destroyed during Hurricane Ione in 1955,but some dilapidated docks remain.
4. Racoon Creek is the primary harbor for the.Town of Oriental, and various
commercial enterprises are located in the harbor area.
5. Attached to Mr. Henry's permit application, was a Deed from Lacy Carl Henry
and wife Myrtle Benton Henry to Lacy M. Henry and wife Judy B. Henry dated August 30, 1977,
and recorded at Book 192, Page 142, Pamlico County Registry of Deeds, a Quiticlaim Deed from
Ann Wadley Wing to Lacy Henry dated March 28, 1995, and recorded at Book 304, Page 93,
Pamlico County Registry of Deeds, and a Judgment of the Pamlico County Superior Court in
Gaston B. Fulcher v. Lacy M. Henry and wife Judy B. Henry and Lacy Carl Henry and wife

3
Myrtle Benton Henry dated December 19, 1979, and recorded at Book 204, Page 131, Pamlico
County Registry of Deeds.
6. In his permit application, Mr. Henry indicated that he owned the site, and he
provided the Deeds and Judgment to support his claim. (See Attachment 1.)
7. In a letter dated February 21, 2003, Michael Scott Davis, acting as attorney for the
Town of Oriental, objected to Mr. Henry's permit application because he claimed ownership of a
public street. (Attachment 2 is a copy of a letter from Michael Scott Davis to Tracey L. Wheeler
dated February 21, 2003, which is hereby incorporated by reference.)
8. On March 6, 2003, the Town of Oriental filed a Complaint against Lacy Henry
and his wife Judy and E. Sherrill Styron and his wife Phyllis to clear title to the terminus of
South Avenue. The Town provided the DCM with a copy of the Complaint. (Attachment 3 is a
copy of the Complaint which is part of the Town of Oriental's hearing request.)
9. On April 14, 2003, the Division of Coastal Management issued CAMA Major
Development Permit No. 49-03 to Lacy M. Henry authorizing the development he had proposed
subject to certain conditions. (Attachment 4 is a copy of Permit No. 49-03 which is hereby
incorporated by reference.)
10. Condition 32 of Permit No. 49-03 provided that:
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.
11. Permit No. 49-03 also included a NOTE which provided that: "This permit does

4
not.convey and rights or privileges, either in real estate or material."
12. On October 30, 1991, the Coastal Resources Commission made a final agency
decision in Richard C. Flowers v. North Carolina Department of Environment, Health, and
Natural Resources, Division of Coastal Resources, 90 EHR 0864, Carteret County, finding that
the Division of Coastal Management improperly found that,a permit application was incomplete
when the applicant submitted a Deed and other information showing ownership but the State
Property Office, North Carolina Department of Administration, claimed that the property was
owned by the State of North Carolina. The Division should have processed the permit
application based on Mr. Flowers' claim of title. (Attachment 5 is a copy of the decision of the
Coastal Resources Commission in the Richard Flowers contested case which is hereby
incorporated by reference.)
13. Since the Flowers decision, the Division of Coastal Management has processed
otherwise complete permit applications so long as the applicant claims ownership and submits a
deed or other supporting document even though another party disputes such claim of ownership.
14. On May 1, 2003, the Town of Oriental filed a third party hearing request with the
Director, Division of Coastal.Management, seeking a hearing on the issuance of CAMA Permit
No. 49-03.
III. DCM'S RECOMMENDATION
A Has the Petitioner Alleged that the Decision Is Contrary to a Statute or Rule?
Yes. The Petitioner alleges that DCM acted improperly under Rule 15A NCAC U
.0204(b)(4) which provides that:
(4) a copy of a deed or other instrument under which the applicant "claims title"

5
must accompany a CAMA major development and/or dredge and fill permit
application. [Emphasis added.]
The Town argues that once the DCM was informed of the Town's "bona fide" claim of
ownership, the DCM should have placed Mr. Henry's permit application on hold until the
ownership issue was resolved.
B. Is the Petitioner Directly Affected by the Decision?
Yes. The Town of Oriental is directly affected by the issuance of Permit No. 49-03
because it claims that part of the site is a public street. -
C. Has the Petitioner alleged facts or made legal arguments which show that its
hearing request is not frivolous.
No. In the Richard Flowers decision, the Coastal Resources Commission directed the
Division of Coastal Management to continue processing a permit application even when the title
is disputed. Mr. Flowers indicated in his permit application that he owned the land and provided
a Deed, a title opinion, and a title insurance policy in support of his claim of ownership. The
State Property Office objected to the permit application on the ground that the State owned the
property in question. The Commission decided that the Division erred in finding that Mr.
Flower's permit application was incomplete and inaccurate because of the ownership dispute and
that the processing of his permit application should be terminated. Since the Richard Flowers
decision, the Division of Coastal Management has taken the position that it must process a
permit application so long as the applicant provides a deed or other document purporting to show
his ownership and that any dispute over ownership can only be resolved by the courts.
The Division's position is supported by Rule 15A NCAC 7J .0204(b)(4) which requires a

6
permit applicant to provide DCM with a copy of the deed or other documents under which the
applicant"claims title". The applicant is not required to provide a deed establishing or proving
his title, but only the one under which he "claims title".
Here, the Division complied with the Richard Flowers decision and Rule 7J .0204(b)(4).
The Deeds and Judgment provided by Mr. Henry are the instruments under which he claims title.
These instruments appear to be proper in form and to refer to the site he proposes to develop. As
a result, the Division of Coastal Management was required to process his permit application. It
would have been improper for the Division to suspend the processing of Mr. Henry's permit
application regardless of the strength of the Town's claim of ownership. Even if the Town
provided"bona fide" documentation of its claim as alleged in its hearing request, the DCM was
under no duty to place the permit application on hold. An ownership dispute like this must be
resolved in the courts, and the Town has already started the judicial process by filing a complaint
against the Henries and the Styrons:
Condition 32 of Permit No. 49-03 addresses the ownership dispute to the extent the
Division may do so. It makes the permit null and void to the extent the Town obtains a judgment
in its favor. The following NOTE makes it clear that Mr. Henry gains no ownership rights under
the permit. Until the Town's lawsuit is resolved, Mr. Henry proceeds with the development of
the site at his peril.
The two Advisory Opinions of the Attorney General are not controlling. They support the
Town's claim of riparian access at the terminus of South Avenue, but only if the Town can show
in court that South Avenue is a public street.
In Flowers v. Blackbeard Sailing Club, 15 N.C. App. 349,444 S.E.2d 636 (1994), disc.

7
rev, denied as improvidently granted, 340 N.C. 357, 457 S.E.2d 599 (1995), the North Carolina
Court of Appeals held that a party must exhaust any available administrative remedies before
appealing to the courts. The Chairman of the Coastal Resources Commission has been given the
opportunity to review the Town's allegations in light of the Commission's decision in the
Richard Flowers contested case,,the requirements of Rule 7J .0204(b)(4), and the limitations on
Permit No. 49-03 set forth in Condition 32 and the NOTE. The record before the Chairman
shows that the Division acted properly in issuing Permit No. 49-03 to Mr. Henry in the face of
the Town's ownership claim.
IV. CONCLUSION
For the above reasons, the Division of Coastal Management recommends that the third
party hearing request by the Town of Oriental be DENIED.
This the /3 day May, 2003.
FOR THE DIVISION OF
COASTAL MANAGEMENT
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh,NC 27602-0629
[phone]

8
V. CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Recommendation of the
Division of Coastal Management upon the petitioner by causing a copy thereof to be placed in
the U.S. Postal Service bearing sufficient postage for delivery by first class mail and addressed as
follows:
L. Clark Wright, Jr.
Michael Scott Davis
409 Pollock St.
New Bern,NC 28560
Attorneys for Petitioner
This the 13-1 h day of May, 2003.
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh,NC 27602-0629
[phone]

k�
State of North Carolina DaReply v o:id Heeter
`ROY COOPER Department of Justice Environmental Division
Tel:[phone]
ATTORNEY GENERAL P. O. BOX 629
Fax:[phone]
RALEI GH [e-mail]
27602-0629
MEMORANDUM
RECEIVED
TO: Chairman Eugene Tomlinson
Donna Moffitt, DCM MAY 0 7 2003
Terry Moore, DCM W.0FrQASTAWANAGEId W
Charles Jones, DCM RALL93H
Terry Moore,DCM
Doug Huggett, DCM
Jill Hickey, DOJ
FROM: David G. Heeter O/i
Assistant Attorney General
DATE: May 5, 2003
RE: Town of Oriental Hearing Request, CMT 2003-04, Pamlico County
The Town of Oriental has filed a third party hearing request seeking a hearing on CAMA
Major Development Permit No. 49-03 issued to Lacy Henry. I have enclosed a copy of the
hearing request and attachments which are quite extensive.
The hearing request was filed on May 1, 2003. Chairman Tomlinson will have to grant or
deny a hearing on or before May 15. Please give me the Division's comments by May 12.

.�..�:.
NCUN
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
May 1, 2003
Lacy M. Henry
P.O. Box 966
Atlantic Beach, N.C. 28512
CERTIFIED MAIL
RETURN RECEIPT REQUESTED ,
Re: Suspension of Work/Appeal of CAMA Permit Decision
Dear Mr. Henry:
The Chairman of the Coastal Resources Commission, Eugene Tomlinson, has received
a request for an administrative hearing to challenge CAMA Permit 49-03. The Third Party
Hearing Request was filed on behalf of the Town of Oriental on April 30, 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, in this case no later than May 15, 2003. 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,
10",U0
IM
Donna D. Moffitt
cc: Chairman Gene Tomlinson
Doug Huggett
Ted Tyndall
1638 Mail Service Center, Raleigh, North Carolina. 27699-1638
PhnnP- Al q-733-9901 FAX- q1 A-7RR-1 APS 1 Intarnat• httn-//www nrrnactalmananPnnPnt nat

Y
t
WARD AND DAVIS,LLP
ATTORNEYS AT LAW
ALFRED D.WARD 409 POLLOCK STREET
ALFRED D.WARD,JR PO DRAWER 1428
JOHN A.J.WARD NEW BERN,NC 28563
MICHAEL SCOTT DAVIS -. �Z52 -t101�N Y252-6339400
I.CLARK WRIGHT, R „ .F ! c✓�" i.
J •i 11cw& addavisx..
April 30, 2003 11AY 9
inn
N.C. A11ORNEY bclvERAL
EnvirORErRrN Division
VIA OVERNIGHT MAIL
Ms. Donna Moffitt, Director
Division of•Coastal Management
Parker-Lincoln Building
2728 Capital Boulevard
Raleigh, NC 27604
Re: Third Party Request for Hearing by Town of Oriental
CAMA Permit No. 49-03 (Lacy Henry)
Dear Donna:
It was good to see you again at this past week's CRC meeting in Atlantic Beach. Our firm
represents the Town of Oriental and I am enclosing for filing a Third Parry Request for Hearing to
challenge issuance by DCM of Major CAMA Permit No. 49-03, issued to Mr. Lacy Henry on April
14, 2003. If you could have your staff confirm by telephone your office's receipt of this filing when
you receive it tomorrow, I would be most appreciative.
Best personal regards to you and Tom, and best wishes with the office move.
Very truly yours,
I. Clark Wright, Jr.
ICW:icw
Enclosures
cc: Attorney General's Office
Attorney for Lacy Henry
Town of Oriental

STATE OF NORTH CAROLINA
BEFORE THE CRC CHAIR
COUNTY OF PAMLICO
IN RE THIRD PARTY REQUEST FOR )
HEARING TO CONTEST THE MAJOR ) THIRD PARTY HEARING
DEVELOPMENT CAMA PERMIT ) REQUEST CHALLENGING
ISSUED TO MR. LACY HENRY ON ) CAMA PERMIT
APRIL 14, 2003 )
NOW COMES THE TOWN OF ORIENTAL ("Town"), by and through its undersigned
attorneys, pursuant to NCGS 113A-121.1(b), and requests that the Chair of the Coastal
Resources Commission (CRC) determine that a third parry contested case hearing is
cl
appropriate regarding the April 14, 2003 decision by the Division of Coastal
Management (DCM)to issue Major Development CAMA Permit No. 49-03 to Mr. Lacy
M. Henry, authorizing construction of an eight-slip pier and dock facility, bulkhead and
dredging on and outward from real property at the southern terminus of South Avenue,
within the Town's municipal limits.
In support of this third party hearing request,the Town says to the CRC Chair as follows:
1. During May or June of 1995, the attorney for the Town contacted the
North Carolina Attorney General's Office requesting an opinion concerning the Town's
right to construct piers or docks at the end of(often unmaintained) dedicated streets and
rights-of-way.
2. On June 19, 1995, the Attorney General issued an opinion letter to the
Town concluding that"while there is no case law on this precise issue from North
Carolina, the weight of authority provides that the town may construct a pier in order to
exercise its right of access." A copy of this Attorney General's opinion letter is attached
as Exhibit "A," the terms of which are incorporated by reference.
3. On December 6, 1995, the attorney for the Town wrote to the Attorney
General requesting a second opinion letter on the issue of, among other things, who has
superior title to the southern terminusiof South Avenue as between Mr. Lacy Henry (the
applicant and holder of the CAMA permit at issue here) and the Town. A copy of this
letter request is attached as Exhibit `B," the terms of which are incorporated by reference.
4. On January 12, 1996, the Attorney General issued an opinion letter to the
Town concluding that (based on two assumptions) even the non-maintained portions of
the streets in question (specifically including the southern terminus of South Avenue)
were in fact and law accepted for dedication at the same time the primary portions of
such streets were accepted, and thus any attempted Declaration of Withdrawal obtained
by Mr. Lacy Henry had no legal effect on the Town's title interests, regardless of whether

the ends of the streets had been actually opened or maintained by the Town. A copy of
this letter is attached as Exhibit "C," the terms of which are,incorporated by reference.
5. The dedication of South Avenue was, in fact, accepted by the Town long
before 1995.
6. Over many decades, lots on South Avenue have been sold by reference to
recorded plats showing South Avenue as a dedicated, public right of way.
7. Despite actual knowledge of the Town's ownership claims, in July of
2002, Mr. Lacy Henry applied for a major CAMA permit to construct piers and docks
and bulkheading on the southern, waterfront terminus of South Avenue, and to conduct
associated dredging and dredge spoil disposal operations.
. 8. In support of his CAMA permit application, Mr. Lacy Henry included
quitclaim deeds purporting to show ownership of the southern terminus of.South Avenue.
9. Quitclaim deeds alone should never be accepted by DCM as proper
evidence of property ownership for CAMA permitting purposes, or for any other purpose.
10. At the time Mr. Henry submitted his CAMA permit application, and at all
subsequent times during which he submitted additional information or materials to DCM,
Mr_ Henry had actual knowledge of the fact that the Town strongly disputed his claims to
the southern terminus of South Avenue. Mr. Henry also knew that the Town had
obtained two opinions from the Attorney General supporting the Town's ownership
rights, and pier rights regarding the southern terminus of South Avenue.
11. Despite the fact that Mr. Henry had actual.knowledge of the Town's
ownership rights, and the conclusions reached by the Attorney General supporting the
Town's rights, he (Mr. Henry) failed to disclose to DCM the questionable nature of his
ownership claims regarding the property on which he proposed to construct private piers,
docks and bulkheading.
12. Mr. Henry also had actual knowledge that the Town had entered into a
number of lease agreements—including one or more leases with him—allowing limited
use as a tenant of the southern terminus of South Avenue. Such lease agreements further
confirmed that the Town owns this property.
11 On March 6, 2003, the Town filed an action to clear title to the southern
terminus of South Avenue. The complaint was verified by the Town's Manager. A copy
is attached as Exhibit "D," the terms of which are incorporated by reference.
14. On March 6, 2003, the Town also caused a notice of lis pendens to be filed
regarding the property on which Mr. Lacy Henry proposes to construct his piers, docks
and bulkheads.
2

15. On or about March 20, 2003, the Town caused copies of its quiet title
Complaint and Notice of Lis Pendens to be provided to DCM Director Donna Moffitt,
DCM permits coordinator Doug Huggett, and to the Morehead City DCM Office. The
cover letters documenting this fact collectively are attached as Exhibit "E," the terms of
which are incorporated by reference.
16. Well before issuance of the CAMA permit at issue here, the Town caused
several letters to be sent to DCM in which the Town formally opposed issuance of any
CAMA permit to Mr. Lacy Henry due to the fact that Mr. Henry does not own the
southern terminus of South Avenue.
17. The CAMA application forms filled out by Mr. Lacy Henry in support of
his CAMA permit application specifically required Mr. Henry to document who owned
the land at issue [Item 1(a), form DCM-MP-1], to provide DCM with a copy of the
document or documents documenting title to and ownership of the property at issue, or
permission from the owner thereof[Item 5, form DCM-MP-1], and to certify that he [Mr.
Henry] is authorized to grant permission to DCM officials to enter the property at issue
[Item 6, form DCM-MP-1]. Additionally, the instructions accompanying form DCM-
MP-1 specifically requite the applicant to include in his or her application package "a
copy of a deed or other proof of ownership for the project site and authorization from the
property owner, if applicable."
18. The requirement that all CAMA permit applicants properly document title
and ownership specifically is codified at 15A NCAC 710204(b)(4). Additional reference
is made to the property ownership requirement in 15A NCAC 77.0203(b)(1).
19. The information and representations provided by Mr. Lacy Henry to DCM
as described immediately above were incomplete and incorrect, and apparently resulted
in DCM officials reaching incorrect conclusions regarding the fundamental issue of
ownership or permission rights regarding the property on which the proposed
development activity would occur.
20. Without proper documentation as to ownership of the property at issue, or
permission from the actual property owner, Mr. Lacy Henry's CAMA permit application
was incomplete as a matter of law, and Mr. Lacy Henry had no right to apply for and
DCM had no right to issue any CAMA permits concerning such property.
21. Once DCM received bona fide documentation from the Town, a public
municipality, regarding the Town's ownership of the southern terminus of South Avenue,
DCM had a legal duty to inform Mr. Lacy Henry of the same, to declare Mr. Henry's
CAMA permit application incomplete, and to place the application on indefinite hold
unless and until the bona fide ownership issue was resolved.
22. . While DCM has no legal duty to itself resolve bona fide property
ownership disputes, DCM does have a legal duty to declare CAMA permit applications
incomplete and suspend further processing where the agency has received bona fide

documentation and information that, at a minimum, calls into serious question the
ownership or permission rights of the CAMA permit applicant.
23. In light of the information and documentation presented to DCM by the
Town, DCM's failure to take such action with regard to Mr. Henry's CAMA permit
application constituted arbitrary and capricious agency action, unlawful agency action,
erroneous agency action, and agency action based on improper procedure.
24. DCM's claim that it should not get involved in "private property disputes"
is untenable on the facts here. Once DCM received the specific, bona fide title and
ownership documentation provided by the Town, including the formal filing of a quiet
title action, DCM had a legal duty to suspend further processing of Mr. Henry's CAMA
permit application unless and until Mr. Henry was able to document that the bona fide
title dispute involving the Town had been resolved in his (Mr. Henry's) favor. DCM
legal duties in this regard are required by, among other things, the express language of
15A NCAC 710204(b)(4).
25. - The Town, itself vested with substantial CAMA permitting authority
under Chapter 113A of the General Statutes, does not raise its ownership claims lightly.
The Town has a legal duty to preserve that which it owns for the benefit of its citizens. In
fact, the Town has planned for many years to install a public pier and dock facility at the
southern terminus of South Avenue. However, as of the present date, the Town has not
been able to secure the funding necessary for this public water access project.
26. When a city, town, or county provides bona fide documents and
information to DCM regarding the fundamental issue of property ownership relative to a
CAMA permit application, DCM has an even greater obligation to take such information
seriously and suspend further processing of such application pending resolution of the
property ownership issue. DCM should recognize that when such claims are made by a
local government, they have inherent credibility. Such claims by a local government also
implicate the fundamental policy compromise underlying all of the CAMA permitting
statutes—namely, the division of responsibilities carefully crafted by the General
Assembly as a compromise between local governments and the State of North Carolina.
27. DCM also should recognize the right and obligation of the Town to
preserve its public ownership of this waterfront property where public access to the
State's navigable waters can be provided for all of the Town's citizens.
28. Regardless of whether competing ownership claims are made by private
versus public entities, the holding of the North Carolina Court of Appeals in Flowers v.
Blackbeard Sailing Club, 115 N.C. App. 349, 444 S.E.2d 636 (1994), disc. rev. denied as
improvidently granted, 340 N.C. 357, 457 S.E.2d 599 (1995) confirms the relevance of
riparian property ownership to CAMA permit issuance for construction of piers and
docks. The Blackbeard Sailing Club case also confirms that DCM's actions in issuing
CAMA permits authorizing the construction of piers, docks or bulkheads necessarily
involve resolution by DCM of private (riparian) property rights. The Blackbeard Sailing
4

Club case further confirms that the failure by any potentially affected third party to
contest issuance by DCM of such CAMA permits deprives that person (and all others) of
any subsequent ability to challenge the permit holder's assertion of riparian rights as
defined by the CAMA permit.
29. As the basic CAMA permit application forms, 15A NCAC 7J.0204(b)(4)
and the holding in the Blackbeard Sailing Club case make clear, DCM cannot ignore
bona fide riparian property title disputes during the CAMA permitting process by simply
accepting permit applicants at their word in the face of substantial, bona fide competing
ownership documentation submitted by a third party. Where, as here, the third parry is a
local government that has resorted to the courts to protect its ownership of the very
riparian property on which a CAMA permit applicant proposes to construct private piers,
docks and bulkhead, DCM has a non-delegable legal duty to suspend further permit
processing pending receipt from the permit applicant of documentation confirming-that
the title dispute has been finally resolved in the permit applicant's favor.
30. The issuance by DCM of a CAMA permit authorizing construction of
private structures on riparian property that DCM has been given good faith, bona fide
notice that the permit applicant does not own (and, in this case, that in fact is owned by a
local government entity) goes to the very core of the CAMA permitting process as set
forth in NCGS 113A-100, et seq., as specified in the CAMA application materials, and as
codified at 15A NCAC 710204(b)(4). If a CAMA permit applicant has no riparian
property rights, he or she has no right to a CAN �A permit authorizing construction of
various structures on riparian property and in and over public trust waters.
31. Based on the legal authorities and reasoning stated herein, the Town has
satisfied the requirement set forth in NCGS.,113A-121.1(b)(1) regarding the fact that
DCM's actions in processing and issuing the CAMA permit at issue here was contrary to
statute and rule. Once DCM has received bona fide documentation that a CAMA permit
applicant does not own the relevant property, then the permit applicant at that point
cannot satisfy the specific requirements set forth in 15A NCAC 7J.0204(b)(4), and DCM
has a legal duty to declare the application incomplete and suspend further processing
unless and until the permit applicant documents to DCM's satisfaction that the property
ownership dispute has been finally resolved in the permit applicant's favor.
32. The Town is directly affected by DCM's actions in issuing this CAMA
permit in that the permit purports to authorize a person with no title interests to construct
various private pier, dock and bulkhead structures on and outward from the Town's own
riparian property—all without the Town's permission, and in the face of the Town's
strongest possible objections. Thus the Town clearly satisfies the standing requirement
contained in NCGS 113A-121.1(b)(2).
33. As already documented in two Attorney General opinion letters, and in
over 100 years worth of recorded real estate documents and maps, the Town is very likely
to prevail on its superior riparian property rights claims, and therefore on its claim that
the CAMA permit at issue here is null and void on its face.
5

t
34. DCM's inclusion of a permit condition stating that Mr. Henry's CAMA
permit somehow could, in the future, automatically become null and void should a court
determine he does not have title does not excuse DCM from its legal duty to suspend
permit processing where riparian property ownership is in bona fide dispute. DCM
cannot avoid its legal duty to require permit applicants to resolve bona fide title disputes
in order to comply with 15A NCAC 7J.0204(b)(4).
35. Under the literal wording of DCM's permit condition, the permit holder
could move forward and construct his piers, docks and bulkhead, after which a North
Carolina court then could rule that the permit holder had no valid interest in the riparian
property on which such structures had been constructed. Regardless of whether the
courts could then undo such damage, this is an outcome that DCM should not be allowed
to make possible. If DCM really means it when it says it wants to stay out of"private"
property ownership disputes, then DCM should never continue to process a CAMA
permit application after the agency is made aware of the existence of a bona fide riparian
property ownership dispute. Only then can DCM assure compliance with the terms of its
own permit application forms and the express language of 15A NCAC 710204(b)(4).
WHEREFORE, the Town respectfully requests that the CRC.Chair issue an order
granting the.Town permission to file a petition for contested case hearing with the Office
of Administrative Hearings within 20 days of the date of issuance of the order.
This the 30a' day of April, 2003.
lark Wright, Jr.
N.C. Bar No. 1116,
Michael Scott Davis
N.C. Bar No. 20920
For the firm of:
Ward and Davis, LLP
409 Pollock Street
New Bern, NC 28560
252-633-1101 (voice)
252-633-9400 (fax)
6

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing TBIRD PARTY
HEARING REQUEST CHALLENGING CAMA PERMIT has been duly served upon
the Director of the Division of Coastal Management, the Attorney General's Office,
Environmental Division, and the CAMA Permit Holder by depositing a copy thereof in
the United States Mail, postage prepaid, addressed as follows:
Ms. Donna Moffitt, Director
Division of Coastal Management
Parker-Lincoln Building
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
919-716-6600
Mr. Lacy Henry, Permit Holder
c/o Moses D. Lasitter, Attorney
P.O. Box '56
New Bern, NC 28563
This the 30''day of April, 2003.
4�. 64
ark Wright, Jr.
N.C. Bar No. 11163
Ward and Davis, LLP
409 Pollock Street
New Bern,NC 28560
252-633-1101 (voice)
252-633-9400 (fax)
7

I I otcle I I > Hollowell ID : 919-745-5917 JUh�l 27 ' 95 12 : 41 �Io -005 P .01
(We Of N01,111 carolil'), l(cply Lo: Allen Jernigan
Of'.JL1_Sfi(:L' r-ovironnicntal Division
BON (i29 TEL:[phone]
A I TO I C*4 H), G 1:.,4 11 R,%L FAX: [phone]
:17 r)(12 Vi2 0
Julie 19, 199.
Mr. Ben Hollowell
Town Attorney
Town of Oriental
Y.O. Box 218
Bayboro,North Carolina 28515
RE: Advisory Opinion; Municipal Corporations/Right to Constract
Docks or Piers at Dedicated Strcei Ends.
Dear Mr. Hollowell,
-,bt to
You contacted our office recently to request an opinion concerning ownership of the rig
i
ier where the city of Oriental has a dedicated casement t6nninat rig at the
Neuse River,
construct a p
a navigable wate,wa% We hope that this letter will answer your question.
I. Introduction
In North Carolina, courts recognize that there are various rights which attach to property on
public waters. These right
s include "[t]he right of access to the water ... [and t]he right to build a
pier or wharf out to the navigable water ...... In re Protest of Mason, 78 N.C. App. 16, 25 (1985)
(quoting from Lewis.,Eminent Domain § 83); sge also, Robert E. Beck, ed.,Water and Water
Rights-.§ 6.01(a) (1991) (explaining that riparian rights consist of a bundle of rights, including the
right of access and the right to build a wharf).
With regard to the right to construct a pier, however, an interesting question arises when a
public use. In this
-or-p
street leading to a navigable waterway is dedicated to a municipality f ' build a pier; or (2) the
situation, there are tvm possible options: .(1�the dedicator retains the right to I bui
town which has accepted the dedicatioA has that right. While there is no case law on this precise
issue from North Carolina, the weight of authority provides that the town may construct a pier in
order to exercise its right of access
II. own
-As a starting point, two leading authorities believe that the city, or town to which the road
has been dedicated pOssesses the right to build a wharf or pier. First, one author states:

:40 1 1 owe l 1 �Ho 1 1 owe 1 1 I D 919-745-5917 JUN 27 ' 95 12 : a'2 No .005 F .02
Mr. Ben Hollowell
June 19, 1995
Page'2
When a way in a city extends to navigable waters, and is dedicated to the public use as a
ication, the right of the city to extend it into the
street, it carries with it, by necessary impl
water by the construction of a wharf at the cnd thereof.
John M. Gould, Treatise on the Law of Waters 201 (3d ed. 1900).' Similarly, another scholar
has noted that:
A public road laid out to a water way becomes a Public landing at its termination, and piers
at the ends of such streets are mere extensions of the highway the title to which is vested in
the public.
Henry Philip Farnham,The Law of Waters and Water Rights 674 (1904).''
In support of these statements, Farnham and Gould relied on several nineteenth c:ntury
cases. For example, in v v , 94 U.S. 324, 340 (1876), a fet owner argued that he had
dedicated property to the city for a street only, not for a wharf. The United States Supreme Court
began by stating its belief that the dedication of the street was at common law, and by agreeing with .
the lower court that when they made the dedication the owners reserved title to the soil in the street.
1_at 336. The Court then noted that the title. of the grantor "was bare legal title, subject to the
public easement and use,not only for street.purposes, but for the purposes of wharves, landings and
et "must lie regarded as intended to.be used for the purposes of
levees." Isi, at 339.40. Such a stre
access to the river, and the usual accommodations of navigation in such a cotuiectiOn." Jai at 340.
The Court quoted with approval the language,of the court below, the Iowa Supreme Caurt, which
believed that to accept the landowner's argument would be to take "a very narrow and close vie1N'."
Id�
Additionally, in v v , 54 Md. 103•(1880), the Maryland Supreme Court
determined that "the dedication of[a] street to the public use as a street extending to the water,
carried with it by necessary implication, the right of the city to extend it into the harbor by the
construction of a wharf at the end thereof. 1j at 112, The court "entertain[ed] no doubt of the
right of the city to construct the wharf...." 11 Similarly, in Rack 15 v Ci�,v fo Detroit, 49 Mich.
I io' 13 N.W. Rep. 380 (1882), the Michigan Supreme Court found that Detroit had a right to
construct a wharf from a dedicated public way which led to a navigable river.
Several modern cases lend additional support to the argument that the city to which a street
easement is dedicated also has the right to construct a wharf For example, the Michigan Court of
Appeals held that "[p]ubliciy dedicated streets that terminate at the edge of navigable waters are
generally deemed to provide public access to the water." TarnhS V Lvon Townshitz, 502 N.W. 2d
' The North Carolina Supreme Court has relied'on Gould's Water Law text on several
occasions, most recently in �redle, 322 N.C. 522, 534 (1988).
2. The North Carolina Supreme Court has cited this text with approval. �,e. e.a., o `'
�;1 , 241 N.C. 618, 626 (1955).

No`I 1 o we 1 1 ?Ho l 1 o we 1 1 I D :919-745-5917 JIJf 12-7 ' 95 12 :43 No .005 P .03
Mr. Ben Hollowell
June l9, 1995
Page 3
382 (Mich. App- 1993), appeal denied, 512 N.W. 2d 834 (1994). The court grounded this decision
in its belief that a street terminating at the edge of a navigable waterway carried a "presumption that
the platter intended to give access to,the water and permit the building of structures to aid in that
access." LdL' In another Michigmi case, 1hieS��' , 380 N.W. 2d 463 (Mich. 1985), the
Michigan Supreme Court considered whether a city had the right to construct a wharf at the end of
by
an easement. The court found that the city could not do so because the eas to onstructta�vhar°
express grant which had very specific provisions and did not include the right
However, the court noted that:
Public ways which terminate at the edge of navigable waters are generally deemed to
provide public access to the water. A city, on behalf of its citizens, is entitled to build
wharves-at the end of such streets to aid the public's access.
IL at 470 (citations omitted). The court further noted that the right to build a wharf in such a
situation does not depend on whether the public owns the fee in the way. Id
Similarly, the Minnesota Supreme Court decided that a town could erect a dock where a
road terminated at a navigable river. v s 1, 102 N.W. 2d 284 (Minn. 1960). The road had
been established by common law dedication of an easement. LL at 292. In support of its holding,
that court quoted from a Pennsylvania case as follows:
Where one road commences or terminates at another road, it is intended to furnish a passage
from and to that other-, and the same rule applies to a road terminating at a navigable river.
This road, terminating at such a river, is intended as a means of:public communication
between the river and the country adjoining.
L, at 290 (quoting 1,91liet v Commonwealth, 17 Pa. 509, 513).
Finally, at least one Florida court has found that the owner of an easement which reached a
navigable waterway had the right to construct a dock. Tan=v. Jones, 619 So. 2d 387 (Fla. App. 5
Dist. 1993) (en bane). The court noted that"[i]nsofar as riparian rights are necessary to 2r
' the purposes of the easement,they are impliedly granted to appellees and, as a
corollary, reserved from the.appellant fee owners." Ld, at 388 (citations omitted) (emphasis added).
However, in order to show that the dock was necessary for or consistent with enjoyment of the
easement, the Florida court found it relevatit that neighboring landowners had docks. Ld. at 388.
In this case, it is worth noting that the court did place a limit on the scope of the dedication.
Specifically, the court permitted the construction of a dock for boating, swimming and fishing, but
not for sunbathing,lounging or picnicking. The court based this limitation on its belief that there
was no evidence that sunbathing, lounging and picnicking was in the scope of the dedication.
Jacobs, 502 N.W.2d at 384.
4 The easement was "narrowly defined to include only limited vehicular traff c,.the hand
carrying or dragging of small'boats to and from the lake, and walking." lies, 380 N.W.-2d at 470.

1 olue I I F-Ho 1 1 owe 11 I D,:919-745-5917 J U N 27 95 12 :44 No .005 F .04
Mr. Ben Hollowell
June 1.9, 1995
Page 4
Applying the reasoning above, we believe it is,clear that the torivn of Oriental has the right to
construct a wharf at the end of the dedicated road. Essentially, the dedication of a road which leads
to the bank of a navigable waterway carries with it by necessary implication" the right to construct
a wharf. Stated differently, the public way which ends at a navigable waterway carries a
presumption that the town may construct a means of access to the water. This presumption can be
overcome only if there is a specific grant of the dedication which clearly does not include the right
of access to the water, as was found in Thies.
III. north Carolina Law
While other jurisdictions seem to be unanimous in their view that the recipient of the
dedication may wharf out, no North Carolina court has addressed the question.' However, applying
our case law on dedication and easements, it is likely.that North Carolina courts would find-that the
city has the right to construct a pier.
Initially, an easement by dedication is subject to the same rules of law that apply to
easements in general. ee, Patrick Hetrick, Webster's Real Estate 'Latin in North Carolina 616
(4th ed. 1994); shear v S v �a Bu'}ding , 107 N.C. App. 154 (1992) (applying general
easement rules to a controversy involving an implied dedication). Applying rules concerning the
scope of easements, a North Carolina court would find that the town may construct a wharf.
In ShinglZon v. North CarQlina Wildlife RAcn„rcO Commj4sq_=, z60 N.C. 451 (1963), the
North Carolina Supreme Court considered the scope of an easement for ingress and egress. In that
case, the court stated that when deciding the scope of an casement "consideration must be given to
the purposes for which the easement was granted. The owners of the servient estate may make any
use of their property and road not inconsistent with the reasonable use and enjoyment of the
easement granted." U at 457 (citations omitted); =ZIM Kelter v Cochran, 108 N.C. App, 783,
784 (1993) ("In North Carolina, it is an established principle that the possessor of an easement has
all the rights that are necessary to the reasonable and proper enjoyment of that easement"); Hetrick,
a$,-at 634 (if there is no express guidance as to the scope of an easement, a reasonable use is
implied). Additionally, the court noted that the reasonable use and enjoyment of an easement is to
be determined "in light of the situaiion of the property and the surrounding circumstances."
Shins__leton, 260 N.C. at 457.
Following the reasoning in 5hinZJ=, the court would find that the purpose of the
dedicationin Oriental could only be to provide access to the waterway. Therefore,the construction
' One North Carolina Court of Appeals case reversed a lower court's finding that a pier at the
end of a street was an extension of an easement. Wo dlie vy ohnson, 75 N.C. App. 49, 56 (1985).
However, the court's reversal turned on its view that original jurisdiction for the decision lay with
the North Carolina Department of Natural Resources and Community,Development. Therefore, the
plaintiffs had failed to exhaust their administrative remedies and the case was not properly before
;�.c coLr`. �.

ti a
I
�+o I l o we I 1 ?Ho l l owe l l I D :919-7 45-5917 JUN 27 ' 95 12 :45 No .005 P .05
Mr. lien Hollowell
June 19, 1995
Page 5
of a dock is "not inconsistent with the reasonable use and enjoyrllent of the acce.stoea:scmnttll bankof the
Shinglclou, 260 N.C. at 457.. It would make little sense to grant the publi
water without granting access to the water itself.
Finally, the North Carolina Supreme Court has stated(that the right of ac es h o navigable
aYs on. '
waters is a property right, "analogous ...to an abutting owner s rtght of access to g
v , 235 N.C. 431, 445 (1952). The Minnesota Supreme Court eyed trrninz ed same
analogy to justify its conclusion that a town could build a dock where a road
t a
v 102 N.W. 2d at 290, discussed supra. Therefore, a North Carolina
navigable waterway. F1,�u,
n of the dock is co
court would find that this reasoning supports the view that cc n enjoyment f the dedication nsistcnt
tio
with, or perhaps even necessary for, the reasonable use and y
IV. .onclusis�n
In order to remain consistent with North Carolina law and with the law or other jurisdictions,
it is our opinion that a court would find that the town of Oriental has the right to constrict a pie: at
the and of a dedicated road which terminates at a navigable river.
We hope that this letter answers your inquiry regarding the town's right to constrict a pier.
If you have any questions About this matter, please call Allen Jernigan [[phone]].
Very truly yours,
Daniel C. Oakley
Senior Deputy Attorney General
JAllcn Jernig
Special Deputy Bey General
Paul Gormley
Associate Attorney General
EP\3784

d owe l ] &Hollowell . ID :919-745-5917 DEC 07 ' 95 13 : 12 No .003 P .02
MAILING ADDRESS:
POST OFFICE 13OX 218
6AYBOA0.NC 28618
_ JaG a�eLlLlli TELEPHONE:
919-7415
.7d5 d •B113
FACSIMILE:
919.7A S•5 917
©�. December 61 1995
Michael F. Easley
Attorney General
P.O. Box 629
Raleigh, NC 27602-0629
Re: Town of Oriental - Town Streets
Dear Mr. Easley:
I reprasent the Town of Oriental and we need an opinion in
connection with an issue that seems to frequently arise. The
_. Town has several streets that according to the old Town maps end
at the water' s edge. The problem is that in almost every
instance the last 100 to 200 feet (that portion which adjoins the
water) has apparently never been paved, or maintained by the
Town.
Attached is a copy of .the 1939 Town map, and four examples
are Wall Street, King Street, Neuse Street (all end at Neuse .
River) and South Avenue, which western terminus is Raccoon Creek.
Currently, the Town. is involved in a ,dispute involving the
western end of South Avenue. All of South Avenue, except the
western 100 feet (approximately) is paved and maintained' by the
Town. The street ends at the Town harbor. Mr. Lacy M. Henry '
owned the lot on the south side of this portion of the street and
—� leased it from the Town for many years. This lot was eventually
acquired by Mr. Henry' s son, Lacy M. Henry. Mr. Henry, the son,,
apparently tracked down the heir of the original -developer and
secured a quitclaim deed for the portion of the unopened street
which adjoins his lot,. In addition, 'he had the heir execute a
Declaration of Withdrawal pursuant to N.C.G.S . 136-96, copies of
the deed and declaration are attached.
Prior to the filing of the Declaration, the Town had
discussed this matter on several occasions with Mr. David
Lawrence of the Institute, and he indicated that there was ample

Howell&Hollowell ID :919-745-5917 DEC 07 ' 95 13 : 10 No .002 P .03
Michael F. Easley
December 6, 1995
Page -2- v
authority holding that acceptance of the declaration of a portion
of a - street was acceptance of the entire street. . After I
received the declaration, I called Mr. Lawrence and lie indicated
that N.C.G.S. 136--96 could present a problem for the Town.
Consequently, the Town desires an opinion. from your of-fice
addressing the following questions:
1. Does the Town' s acceptance of the dedication of the
major portion of South Avenue take precedent of. the
withdrawal?
2. What right does the Town have in these other areas, in
which the dedication has not been withdrawn?
As you know, public access to public waters is becoming an
important issue, and the -Town *desires to start utilizing these
areas, if possible, as public access .
Thank you for your assistance, and if you need any
additional information, do not hesitate to contact me.
Sincerely,
HOLLOWELL & HOLLOWELL
Bernard B. I.3ollowell, Jr.
BBHjr:bar
Enclosures

�.Hollowe118Hollowell ID :919-745-5917 JRN 16 ' 96 13 :07 No .006 P .02
Reply To:
a'r Eugene A.Smith
Transportation Section
,Stutp, of Yorill Tarxilinu
[phone]
MICHAEL F.EA8LEY �rporlmtnt of Titsike [phone].
ATTORNEY GENERAL FAX 733-029
P.O.BOX 25201
RALEIGH,N.C.27811
January 12, 1996
Mr. Bernard B. HoIlowell, Jr.
Town Attorney
Town of Oriental
P.O. Box 218
Bayboro,N.C. 28515
Re: Town of Oriental - Status of portions of certain strccts
Dear Mr. Hollowell:
This is in response to your letter of December 6, 1995, in which you inquired as to the rights
of the Town in non-maintained parts of certain streets in'the Town of Oriental. You specifically
inquired about the status of the last 100-200'section of streets in Oriental which are not maintained
and which are shown on the old maps as going to the water edge. The streets have been maintained
by the Town,except that the last 100-200'portions leading to the water apparently have never been
paved nor maintained by the Town. You cite Wall Street, King Strcct, Neuse Street and South
Avenue as illustrations. You expressed the desire of the Town to provide public access to public
water on these streets. A Declaration of Withdrawal was filed under G.S. § 136-96 in 1995 covering
a part of the 100-200'utunaintained portion of South Avenue, and your inquired as to the rights of
the Town in the portion of the street included in the Declaration of Withdrawal.
The following cases and principals of law appear to be applicable to the facts and questions
presented.
I. Where a municipality opens,improves and maintains a street dedicated to the public
by the registration of a map or plat, there,is an acceptance of dedication of the street by the
municipality. After the dedication of a street has become completed by the acceptance by a
municipality, and the street is open and maintained and used by the public, thr,right to revoke the
dedication is gone. Wufford v Ilighway Commission,263 N.C. 677 (1965), @ p. 683;&ad=
y;,Pinet=, 251 N.C. 509 (1960), @ p. 516; Janicl i v. Lorek, 255 N.C. 53 (1961), @ p. 58.
Blowing Rock v. Gregod 243 N.C. 364 (1956)@ p. 369. .
I
t

Holl owe ll &Hollowell ID :919-745-5917 3AN 16 ' 96 13 :08 No .006 P .03
2. The partial opening of a street completes the dedication of the entire street and the
unopened portion may not be withdrawn. This applies to the width as well as to the length.;
ingura_nce Co. v. Carolina Beach, 216 N.C. 778 (1940); Fgod Town Stores v. Salt. urv, 300 N.C.
21 (1980); Tower Develo6ment Partners v. Zell, 120 N.C. App. 136 (1995), (chi p. 142. The
dedication of a street may not be withdrawn by the grantor or those claiming under him, if the
dedication has been accepted acid the street or any portion thereof has been opened and is in use by
the public.Lee v. Walker,234 N.C. 687 (1951) @ p. 694; Russell z Coggin,232 N.C. 674 (1950)
@ p. 675;Insurance Co. v. Carolina Beach, 216 N.C. 778; Salisbury v. Barnhardt, 249 N.C. 549
(1959)@a p. 254. The North Carolina Court of Appeals summarised and applierd the applicable law
in the recent case of Tower Dcyelopm nt Partners v. Zell, 120 N.C. App. 136 (1995) as follows:
"Plaintiff contends Durham has only accepted the completed portion
of Tower Boulevard, but not the planned completion, Plaintiff in
effect argues the dedication of this portion of Tower Boulevard has
been withdrawn. The dedication of a street, however, may not be
withdrawn if the dedication has been accepted and the street, or any
part of it, is actually opened and used by the public. Food "Town
Stores'v. City of Salisbury, 300 N.C. 21, 29, 265 S.E.2d 123, 129
(1980). Since part of Tower Boulevard has been opened and used by
the public since 1988, we find the dedication of the remainder of.
Tower Boulevard to be operative,"@ p. 142.
The facts do not disclose whether or not sales were made with reference to plats showing
the dedication status, nor the dates on which the Town of Oriental took over maintenance of the
various streets. These streets are all currently on the municipal street sysiem. 1t is assumed that
conveyances were made with reference to the maps or plats showing the streets and it is also,
assumed that the Town accepted the dedication of the streets in question by opening or maintaining
the streets prior to 1995. Based upon the foregoing assumptions and the information provided, and
applying the law in the cited cases, it is the opinion of this office that the non-maintained portions
of the streets named as illustrations have been accepted for dedication at the time the remaining
portion of each was accepted,and could not be withdrawn from dedication under G.S..§ 136-96. The
Declaration of Withdrawal file under G.S. 136.96 had no effect as against the Town,since there had
been an active use by the public and maintenance by the town even though each as the streets had
not been opened to the fullest extent. The unpaved portion of the streets are still public streets even
though not presently maintained by the Town.
It is noted that the non-maintained portions of Wall,King &Neusc Streets referred to, do in
fact still appear on current planning maps going to the water edge. The non-maintained.portion of
South Avenue is no longer shown on the current map after the turn into.R Street (as shown on the
1939 Map). However,no facts were indicated in the letter or documents, showing that the Town has
taken any action that would lead to a different conclusion as to South Avenue. The quitclaim deed
had no affect as to the Town of Oriental under G.S. § 1-45,The quitclaim deed could not revoke the
accepted dedication by the Town of Oriental.Blowing Rock v. rreaorv, 243 N.C. 364 (1955) @ p.
372; Steadman v, Pinctoos, 251 N.C. 509 (1960). There is no rule of law that all of the dedicated

Holi'owell &Hollowell ID :919-745-5917 JAN 16 '96 13 :09 No .006 P .04
street be immediately converted to use for travel. The mere non-use or temporary use for other
purposes of the street or a part there of is insufficient to show an abandonment. Spi=v. Goldsboro,
226 N.C. 557 (1946) @ p. 561; Sallsbury Y. Barnhardt, 249 N.C. 549 (1959) @ pp. 555, 556.
This is an advisory letter. It has not been reviewed and approved in accordance with
procedure for issuing an Attorney General's opinion.
Please advise if this office can be of any further assistance.
Very truly yours,
P� �A
Eugene A. Smith
Senior Deputy Attorney General
EAS/bw
1 .

!. iq
DEPARTMENT OF THE ARMY
/ WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
. April 29, 2003 rinuE'VED
Regulatory Division MAY 0 5 :2003
Action ID No. 200310338 and State Permit N42,49- 3 (XV.®FCOASTALMANAGMENT
RALMIGH
LMy#MiR eH n
Post Office Box 966
Atlantic Beach, North Carolina 28512
Dear Mr. Henry:
Reference your application for a Department of the Army(DA) permit to excavate a basin
and construct a bulkhead and an 8-slip docking facility, on property located off South Avenue,
adjacent to Raccoon Creek, in the Town of Oriental, Pamlico County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan. Failure
to comply with the State authorization or conditions of the general permit could result in civil
and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for any
other reason, plans revised to show the change must be sent promptly to this office and the North
Carolina Division of Coastal Management prior to performing any such change or alteration.
Such action is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,
Regulatory Branch, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager

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Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ted Tyndall, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
Hestron Plaza U, 151-B Highway 24
Morehead City, North Carolina 28557

`4 9-0-3
DEPARTMENT OF THE ARMY
/ WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
April 10, 2003
Regulatory Division
Action ID No. 200310338Fol '
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638 61
Dear Mr. Huggett:
Reference the application of Lacy Henry for a Department of the Army (DA) permit to
excavate a basin and construct a bulkhead and a 8-slip docking facility, on property located
off South Avenue, in the Town of Oriental, Pamlico County,North Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized,
or if, in the opinion of the Secretary of the Army or his authorized representative, said structure
or work shall cause unreasonable obstruction to the 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.
No claim shall be made against the United States on account of any such removal or alteration.
3. The permittee agrees to comply with the conditions identified in the supplement
prepared by the United States Fish and Wildlife Service titled"Precautions for General
Construction in Areas which may be used by the West Indian Manatee in North Carolina",
revised June 2002.

-2-
4. No excavated or fill materials will be placed at any time in any vegetated wetlands
or waters.
5. Excavation will not exceed—6 feet below the elevation of mean low water(MLW).
6. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands are not authorized.
7. The fill material will be clean and free of any pollutants except in trace quantities.
Metal products, organic materials, or unsightly debris will not be used.
8. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to the
authorized structure or work, which may be caused from existing or future operations undertaken
by the United States in the public interest.
9. 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. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
10. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this requirement
if he abandons the permitted activity without having it transferred to a third party.
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM),25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.

a.
-3-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,
�a eigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

-4-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ted Tyndall, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
Hestron Plaza II, 151-B Highway 24
Morehead City,North Carolina 28557

o- S
(a J Michael F.Easley
Governor
rWilliam G.Ross,Jr.,Secretary
y Department of Environment and Natural Resources
f7 'C ARR( 0' &•Ol t,k Alan W.Klimek,PE,Director
m Division of Water Quality
I
n A,40an l
o
April 1, 2003
DWQ Project#03-0111
Pamlico County
Lacy M. Henry
P.O. Box 966
Atlantic Beach, N.C. 28512
Subject Property: La Property,South Ave.and Avenue A Intersection, Oriental, NC
Raccoon Creek[03-04-10, 27-129-8, SC HQW,(high quality) NSW.(nutrient sensitive)]
APPROVAL of 401 Water Quality Certification (GC3351)and AUTHORIZATION CERTIFICATE per the Neuse River
Buffer Protection Rules(15A NCAC 2B .0233)with ADDITIONAL CONDITIONS -
Dear Mr. Henry:
You have our approval, in accordance with the attached conditions,to dredge 0.57 acres of waters,fill 0.007 acres of
waters, and.clear and grade approximately 8,000 square feet of protected riparian buffers to excavate a,boat basin and
construct a 147 foot bulkhead and 8-slilp docking facility at the subject property as'described in your application received
by the Division of Water.Quality(DWQ)Wetlands/401 Unit on February 3, 2003. After reviewing your application, we
have determined that the water impacts are covered by the Division of Water Quality(DWQ) General Water Quality
Certification Number 3351. This Certification allows you to•General Permit No. 198000291 when issued by the US Army
Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and
sediment control regulations and CAMA. Also,.this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold,the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total
fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification and any additional conditions listed below._
Conditions:
1. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B .0233(5).
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications,the applicant is required to return the attached certificate of completion to the 401/Wetlands
Unit; North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Buffer Establishment around Basins
New boat basins (such as the one you are proposing to construct) are considered by the DWQ as a modification of
the existing shoreline. As such, a 50-foot buffer that meets the requirements of Sections (4) and (5) of 15A NCAC
02B .0233 must be established around the newly created shoreline. You are required to establish a new buffer
North Carolina Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree,Blvd.,Raleigh,NC 27604-2260(Location)
919-733-1786(phone),919-733-6893(fax),http://h2o.enr.state.nc.us/ncwetiands/

WAT
�QF FRQ Michael F.Easley,Govenor
0 William G.Ross,Jr.Secretary
1— Department of Environment and Natural Resources
p < Alan W.Klimek,P.E.., Director
Division of Water Quality
March 17, 2003.
Mr..Lacy M.Henry
Post Office Box 966
Atlantic Beach,North Carolina 28512 la fool%
RECEIVCU
Subject: Pier and Bulkhead
SW7030201 MAR 1 2003
Pamlico County 01V OFCOASTALMANAGE
RALEIGH
Dear Mr.Henry:
This office received your CAMA Permit application and supporting information on
February 3, 2002; Staff review of the plans and specifications has determined that the project, as
proposed,will not consist of any significant amount of new impervious surfaces on site. For this
reason,your project should not pose surface water quality threats from stormwater runoff. The
Director has determined that projects that are reviewed and approved by the Division as not
posing water quality threats from stormwater runoff should not be subject to the stormwater
management permitting requirements of 15A NCAC 2H.1000. For this reason,we are informing
you by way of this letter that your project will not require a stormwater management permit at
this time.
Please keep in mind that this determination does not affect your legal requirements to
obtain other permits which may be required by the Division of Water Quality, the Division of
Land Resources, Coastal Area Management Act or any other Federal, State or Local
Government: Any future modifications to the project may require an additional review from this
office to assure that stormwater impacts are not an issue.
If you have any questions or need additional information concerning this matter,please
contact Mr. Robert Tankard at(252) 946-6481, extension 233.
Sincerely,
d-Jim Mulligan
Regional Water Quality Supervisor
cc: Pamlico County Inspections
Voug Huggett
Washington Regional Office
Central Files
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
.An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA L E&'THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
PAMLICO COUNTY AMD N,A.D -6 PM. .3: 4 5 03-CVS-
RECEIVED
PAivfL C ; rn;,,Nr;Y C.S.C.
TOWN OF ORIENTAL, I MAR 2 1 2003
v
Plaintiff
DIV OF COASTAL MANAGEMENT
R ALEICH
VS.
I
NOTICE OF LIS PENDENS
LACY HENRY, and spouse, JUDY B.
HENRY, and E. SHERRILL STYRON
and spouse, PHYLLIS H. STYRON
Defendants f
Now comes the Plaintiff pursuant to the provisions of North Carolina General Statute
Sections 1-116 et seq. and states to the court as follows:
1. On March 6, 2003, the Plaintiff filed its duly verified complaint in the Pamlico
County Superior Court seeking to clear title to a public street.
2. This Notice is Lis Pendens is filed at the commencement of the action.
3. The real property that is subject to Plaintiff's claims was acquired by the
Defendants by the following deeds, attached hereto as Exhibits-A, B and C.
Exhibit Pamlico Countv Registry Book/Page Date Recorded
A 304/93 April 4, 1995
B 304/98 April 4, 1995
C 304/936 May 11, 1995
THIS THE 6 h DAY OF MARCH, 2003. `
Michael Scott Davis
N.C. Bar#20920
409 Pollock Street
P.O. Drawer 1428
New Bern,North Carolina 28563
Telephone: [phone]
Attorney for Plaintiff

'95 APR 4 -flM 11 17
DEEDS
NORTH CAROLINA
PAMLICO COUNTY QUITCLAIM DEED
VL
THIS DEED, made this 2 0' day of March, 1995, by ANN-WADLEY
WING (Unmarried) of Craven County, North Carolina, party of the
first part, to LACY HENRY of Carteret County, North Carolina, whose
address is 47Z 4wAc ,ar j
party of the second part;
. W I T N E S S E T H
THAT WHEREAS, by Deed dated October 11, 1911, and recorded in
Book 54 at Page 590 of the Pamlico County Registry, L. B. Midgette
and wife, Rebecca M. Midgette, conveyed a certain tract or parcel
of land to the Oriental Bulkhead and Improvement Company, a portion
of which lands are described hereinafter; and
WHEREAS, . on_October 17, 1911, the said Oriental Bulkhead and
Improvement Company gave a mortgage to the Bank of Oriental; and
WHEREAS, at the May 1916 term of the Superior Court, W. J.
Swann was appointed receiver for the Bank of Oriental and
authorized to proceed with the foreclosure of said mortgage, which
mortgage was foreclosed and the property was sold to B. W. O'Neal
on April M, 1917, said Deed being recorded in Book 70 at Page 43
of the Pamlico County Registry; and
WHEREAS, the Oriental Bulkhead and Improvement'-Company caused
the plat of said properties to be placed upon .the public records of
Pamlico County wherein said land was divided into lots and streets,
said plat being recorded in Plat Cabinet 1, Slide 2, at Page 19, of
O the Pamlico County Registry; and
f- ¢ WHEREAS, said roads shown on said plat have never been
G
Z dedicated or accepted by the Town of .Oriental pursuant to Chapter
CC
ZLU 136 of the General Statutes of North Carolina; and
Q WHEREAS, the said .Benjamin Wallace O'Neal died testate in
1979, his estate being administered in File 79-E-21 in the Office
of the Clerk of the Superior Court, of. Pamlico County;. and
D.—by;
.Moats D.I.asitter
Attorney At LA.
' P 0. Box 356
Ncu,Horn. N.C.
- FXNTRTT A

max T, 4 94
WHEREAS, under said Will he left all of his property to the
party of the first part; and
WHEREAS, the party of the second part has requested party of
the first part to convey to him a portion of South Avenue as the
same is shown upon the plat hereinabove mentioned so as to convey
to him the fee within the bounds of the property herein described;
and
,WHEREAS, the party. of the first part has agreed so to do.
NOW, THEREFORE, for and in consideration of the sum of ONE
DOLLAR ($1. 00) and other good and valuable consideration to 'her
paid by said party of-the second part, the receipt of which is
hereby acknowledged, the party of the first part has remised and
released and by these presents does remise, release and forever
quitclaim unto the party of the second part and his heirs and
assigns all right, .title, claim and interest of the said party of
the first part in and to a certain tract or parcel of land lying
and being in Township, Pamlico County, North
Carolina, and more particularly described as follows:
SEE SCHEDULE A ATTACHED HERETO AND Y
INCORPORATED HEREIN BY REFERENCE.
TO HAVE. AND TO HOLD the aforesaid tract or parcel of land and
all privileges thereunto belonging to him the said party of the
second part and his heirs and assigns free and discharged from all
right, title and claim_ or interest of .the said party of the first _
part or any one claiming by, through or under her.
IN TESTIMONY WHEREOF, the said party of the first part has
hereunto set her hand and seal the day and year- first above
written.
(SEAL)
AN ADLEY WING

aoo ➢4 rAcE 95
NORTH CAROLINA
CRAVEN COUNTY
I ,
1 a Notary Public in and for
said County and State, certify that ANN WADLEY WING (Unmarried)
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein
expressed.
Wit ss my hand!and fi ial s al t s da of
1995.
No ary Public
commisskon expir 2 8": r b n `1
NORTH CAROLINA _
PAMLICO COUNTY
Thel foregoing certificate of, a
Notary Public, is certified to be correct. This irlst ument was
prese ted for re stration and recorded in this office in Book
D Page g
This 4 day of , 1995, at /J;I o'clock, .M.
By: 7A JI-4 11U�cn�
�egiter of Deeds i De uty Regis e of Deeds

EXHIBIT A r-�p�
• BOOT( •�4
Beginning at the northwesternmost corner of Lot No- 4 in
t ,
the Subdivision of the Oriental Bulkhead and Improvement
property as the same is shown upon a map recorded in Map
Book 1 at Page 19 in the Office of the Register of. Deeds
of Pamlico County, said point also being designated as
Point "A" upon a survey for Lacy Henry by Dennis Fornes
& Associates dated March 17, 1995; running thence from
this point of beginning up Raccoon Creek the following
courses and distances: North 290 42 ' 41" East 18 .34
feet, North 230 27 ' 58" East 40.00 feet, North 610 36 '
31" East 26.51 feet, North 490' 02 ' 42" East 14-16 feet to
Point "-B" on said-map for Lacy Henry by Dennis Fornes &
Associates; thence North 780 00 , 00" East 4.08 Meet;
thence along and with the fence South 731 53 ' 56" East
46.48 feet and South 091 07' 34" West 94.45 feet to a
point, this point being the southeasternmost corner of
Lot No. 4 hereinabove first mentioned; thence North 120
25 ' 00" West 50. 00 feet to an iron pipe; thence South 770
35 ' 00" West 83 . 90 feet to the point of beginning,
containing 0. 120 acre, more or less.
:.l

` NOTES: 4.� /� n�o�ti y :_�i•.::i:_,
FOR REFERENCE, SEE MAP BK. / PAGE 19, PAML/CO C/ ss' �`•'`it: °".
COUNTY REGISTER OF DEEDS.
grid
Shoreline of BOOK S%✓'e
Raccoon Creek
N23'42'41"E /8.34' O�� Vicinity Map
N 23.27'58-E 40.00' F t�
N 61'36'31"E 26.51'
N 49.O2'42"E 14.16'
9 e
gplil
.00
V �VN 78 4 p8'
�. 263.18'
S T3 646'7; .360 0"E ecrloa-m--
00 F° -ra Exlsrin Wall Street
a
, -:•-...
or JcOu.f V
A
0120
e207 sq• Fr.
►p 3
83.90'
�• / W �5 77r 35 p0 w N � ° Y .— i ;:��4•
o LACY
4 ) Y 3
End of
LACY H92fR a
PEED 6K' :i
k
Chain Lin c>> _ <nce
' m
0.
0 Q
n Z � 'iFii:t
R i
30,
---SURVEY FOR
LACY HENRY
NO. 5 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA
��G.IF,pf'tir9 •� MARCH 17, /995 SCALE: 1"= 30' ';
s EAR
L-3041 O 30 60 90 "E;�;,..
-'0. ,gyp t /ZO
GRAPH./C SCALE---
Z�f 4y •
DENNIS FORNES 8 ASSOCIATES P.O. BOX 2947 NEW BERN, N.C. (9/9)638-36/5

FILED
'95 APR 9 AN 11 17
-. t-
DEEDS
NORTH' CAROLINA „-Y ni
PAMLICO COUNTY QUITCLAIM DEED
THIS DEED, made this 28th day of March, 1995, by ANN WADLEY
WING (Unmarried) of Craven County, North Carolina, party of the
first part, to GARLAND FULCHER of Pamlico County, North Carolina,
whose address is _0-0. X party of the
second part; _
W I T N E S S E T H
THAT WHEREAS, by Deed dated October 11, 1911., end recorded in
Book 54 at Page 590 of the Pamlico County Registry, L. B. Midgette
and wife, . Rebecca M. Midgette, conveyed a certain tract or parcel
of land to the Oriental Bulkhead and Improvement Company,. a portion
of which lands are described hereinafter; and
WHEREAS, on October 17,. 1911`1 the said Oriental 'Bulkhead and.
Improvement Company gave a mortgage to the Bank .of Oriental; and
WHEREAS, at the May 1916 term of the Superior Court, W. J.
Swann was appointed receiver for the Bank of Oriental and f
authorized to proceed with the foreclosure of said mortgage, which ..
.mortgage was foreclosed and the property was sold to B. W. O'Neal
on April 30, _1917, said Deed being recorded in Book70 at Page 43
of the Pamlico County Registry; and
q cry WHEREAS, the Oriental Bulkhead and .Improvement Company caused
dd the plat of said properties to be placed upon the public records of.
Pamlico County wherein said land was divided into lots and streets,.
O Lu z said plat being recorded in Plat Cabinet 1, Slide 2, at Page 19, of
n= the Pamlico County. Registry; and
LU
WHEREAS, said roads shown on said plat have never been
Qdedicated or accepted by the Town of oriental. pursuant ,to Chapter
¢ 136 of the General Statutes of North Carolina; and
WHEREAS, the said Benjamin Wallace O'Neal died testate in
1979, his estate being administered in File 79-E-21 in-the Office
of the Clerk of the Superior Court of Pamlico County; and
1J.—B,:
MO,aa D.1—itmr
y At PAJ.11,,
- EXHIBIT B
N.u.11 .�s6

Box PACE 99
WHEREAS, under said Will he left all of his property to the
party of the first part; and
WHEREAS, the party of the second part has requested party of
the first part to convey to him ,a portion- of South Avenue as the
same is shown upon the .plat hereinabove mentioned so as to convey
to him the fee within the bounds of the property herein described;
and
WHEREAS, the. party of the first part has agreed so to do.
NOW, THEREFORE, for and in consideration of the sum of ONE
DOLLAR ($1. 00) and other good and valuable consideration to her
paid by said party of the second part, the receipt of which is
hereby acknowledged, the party of the first part has remised and
released and by these presents does remise, release and forever
quitclaim unto the party of the second part and his heirs and
assigns all right, title, claim and interest of the said party of
the first part -.n and to a certain tract or parcel of .-land lying
and being in Number Five Township, Pamlico County, North Carolina,
and more particularly described as follows:
SEE SCHEDULE A ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and
all privileges thereunto belonging to him the said party of the
second part and his heirs and assigns free and discharged from all
right, title and claim or interest of the said party of the first
part or any one claiming by, through or under her.
IN TESTIMONY WHEREOF, the said, party of the first part has
hereunto set her hand and seal the day and year first above
written.
SEAL)
ANN WADLEY WrNG

P
BOOK '304 PACE 100
NORTH CAROLINA
CRAVEN COUNTY
I, /�1�X�S�%I�J449 9��r_ , a Notary Public in and for
said County and State, certify that ANN WADLEY WING . (Unmarried)
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein
expressed.
Wi ness my hand an of icial se 1 th'al's g— day of
�v! , 1995.
a`
7oary Pub is � �ommission expi es
NORTH CAROLINA
, PAMLICO COUNTY
The foregoing certificate of l' a
Notary Public, is certified to be c rect. Th' ias4tJru�ment`was
presei}ted for reg stration and recorded in this office in' Book
Page .
This 4//I( day of , 1995, at o'clock, 24—.M.
By:
77—:9egister of Deeds Dep-uty Regis er Deeds

EXHIBIT A BOOK T4 101
All that certain,. tract or parcel of land lying and being
in Number Five Township, Oriental, Pamlico County, North
Carolina, and being -more particularly described as
follows:
Beginning at a point which lies North 090 07 ' 34" East
94.45 feet from the southeastern corner of Lot No. 4 of
the Subdivision of the Oriental Bulkhead and Improvement
property as the same is shown and recorded in Map Book 1
at Page 19 in the Office of the Register of Deeds of
Pamlico County, said point being a fence corner; running
thence along and with a fence North 730 53 ' 56" West
46.48 feet to a point in the Garland Fulcher lot; thence
North 780 00 '- 00" East 71.87 feet to a point in a fence;
thence South 510 29 ' 55" East 6.89 feet to 'a fence
corner;, thence South 520 48 ' 591, West 38. 95 feet to the
point of beginning, containing 0. 021 acre, more or- less,
according to a survey for Garland Fulcher by Dennis
Fornes & Associates dated March 17, 1995.

NOTES: �) e�on� S :; ..-'1;;=•'
FOR REFERENCE, SEE MAP BK. I PAGE 19, PAMLICO
COUNTY REGISTER OF DEEDS.
BOAR 304 PmE 102
ri rrr -1r1
P/le
^All.
Kincl St.
r
t� Vicinity Map =
0.021 A c.
I�
m
v ��tr 1, ��� 916 Sq. Ff. R/`N
5;•,
N 78 71.87 Cot nor E 26 ele�a-¢—
cg 0c. 9y 9 .35'
4sge ° p0
N 77 ..
e°t�`
EXlslin
/ a!I
N � Za� y P'K N
of Wall Stree
AVENUE
34 w UTH
R19h1 f_way
W�6p
S Ogg 29• ti'•.
HENRY End of
I—ACY z 42 s
- —SURVEY FOR--
,,.eeee,ee,,,, [^.�j
,Q\v 769
F : NO. 5 TOWNSHIP PAMLICO COUNTY- NORTH CAROLINA
_ SEAL - MARCH 17, 1995 SCALE: I"= 30'
' +:arcs:!•..
o p�1—30410�
SURY� O 30 60 90 /20 \
GRAPHIC SCALE- -
31 Z l�s : .
DENNIS FORNES 8 ASSOCIATES P.O. BOX 2947- -NEW BERN, N.C.• f9/91638-36/5

MED
BOOK 304 4 PA_E 9,36
" ' '95 fl1flY 11 PN 12 35
STATE OF NORTH CAROLINA ;"';" '' o + • .,
COUNTY OF PAMLICO 0 E`E D S
THIS DEED, made and' entered' into-this the 3rd day of May,.
1995, by and between GARLAND F. FULCHER and GRACIE L. FULCHER,
parties of the first part; and E. SHERRILL STYRON and wife,
PHYLLIS H. STYRON, whose address is P. 0. Box 100, Oriental, NC 28571 , parties
bard•ad with. P.A.
i�00s r=. YC',`as i of the second part;
W I T N E S S E T H
That the parties of the first part in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable
considerations to said parties paid by the parties of the second
part, the receipt of which hereby is acknowledged, have bargained
and sold and by these presents do bargain, sell and convey unto the
parties of the second part, said parties ' heirs and assigns, the
following described property, to wit:
W
Z
A'll of the property described on Exhibit A
attached hereto and incorporated herein .by
reference.
TO HAVE AND TO HOLD said property and all privileges and
a
appurtenances thereunto belonging to the parties of the second
3 part, said parties ' heirs and assigns forever.
IN TESTIMONY WHEREOF, the parties of the first part -have
set said parties' hands hereto and have adopted as said parties'
seals the typewritten`. word "SEAL" appearing beside said parties'
names, this the day and year first above written.
(SEAL)
GARLMID F. FAJLCH21r
z - (SEAL)
= w GRA IE L. FULCHER
Ab 3Y[20
Svafa�tiaa
' [tiadaetd 7P
!hrd aad 9ai Ca, P..t.
FXHTBIT C

BOOK 004 PACE 9:37
STATE OF NORTH CAROLINA
COUNTY OF
I, b.cla/L fj �y G % �`
Public in and for said County and State, do hereby certify thatGARLAND F. FULCHER and GRACIE L. FULCHER personally appeared before
me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and notarial seal this't,�p'f ... •
1995 . .day of
Notary Publd
My Commission Expires:
<
Z;
> STATE OF NORTH CAROLINA
W
COUNTY OF PAMLICO
The foregoing certificate of ��a. lL� f f1jJ
a Notary PTublic of said Cda6vand
N said State, is certified to be correct. This instrument was
e presented for registration this day and hour and duly recorded in
the office of the Register o eds of Pamlico County, North
3 Carolina, in Book,:�Q• , Page
.This day of , 1995, at
o 'clock M.
�. C1L1 fL
Register of Deeds )
75-0772(A)
W&MAIH/143000.
2

EXHIBIT A 800K . 304: PAGE 9,38
TRACT 1
All that certain tract or parcel of land lying and being
situate in Number Five Township', Pamlico County, North
Carolina and being more . particularly described as
follows:
Located in the Town of Oriental, North Carolina, and
beginning at an iron stake on the north line of South
Avenue, on the southwestward corner of Dr. 0. C. Daniel Is
property, and running with his southwestward line to the
channel of Raccoon Creek; -thence at right angles to the
<:':, first described line in a southwestwardly direction 71
>`: - feet; thence parallel to the first described line to
South Avenue, to an iron stake; thence following the
northern line of South Avenue about 95 feet to the
beginning. Embracing all the lands 'owned by the said
W. F. Midyette on the southwest side of Dr. O. C.
Daniel Is lot touching South Avenue and running as far out
in Raccoon Creek as riparian rights will permit the party
of the first part to convey. Angle of line joining
Dr. Daniel Is is North 550 West as it leaves South Avenue.
Being the same property described as Tract 3 in that
certain deed dated January 14, 1986 from Garland F.
Fulcher and wife, Gracie L. Fulcher, to Garland F.
Fulcher and recorded in Book 235, Page 825 in the office
of the Register of Deeds of Pamlico County. Further, the
above-described property is more particularly described
in the third tract in Book 101, Page 289, in the office
Of the Register of Deeds of' Pamlico County.
It is the intent of party of the first part to convey by
this tract all of the property known as. the Garland
Fulcher Docks on the east side of Raccoon Creek and the
west side of South Avenue.
TRACT 2
All of the right, title and interest of Garland F. Fulcher and
wife, Gracie .L. Fulcher in and to the property conveyed to
Garland F. Fulcher by deed dated March 28, 1995 from Ann
Wadley Wing and recorded in Book 304, Page 98 in the office of
the Register of Deeds of Pamlico County.
The conveyance of the above-described Tracts 1 and 2 is
made subject to easements, rights of way, liens and other
matters of public record.
72-0775(A)
WSKAIN/142984.

f
a
a
NORTH CAROLINA r f L&&w GENERAL COURT OF JUSTICE
SUPERIOR COUIj.T pIVISION
PAMLICO COUNTY 2Q3 Ir R - 6 KI 3• 37 03-CVE �f-�f
EE
Ci, IV
J.C.
TOWN OF ORIENTAL, I Plaintiff MAR 2 1 2003
_ __....__...+_.
OlV OF COASTAL a4AN GOJ
RALE04
VS. I COMPLAINT
Action to Clear Title to Public Street
LACY HENRY, and spouse,JUDY B. J
HENRY, and E. SHERRILL STYRON
and spouse, PHYLLIS H. STYRON
Defendants J
The Plaintiff, complaining of the Defendants, alleges and says the following:
I. Parties
1. The Town of Oriental (hereafter "Plaintiff' or "Town") is a body politic and
corporate of the State ofNorth Carolina,being incorporated on.March 4, 1899.
2.. Upon information and belief, Defendants Lacy Henry and spouse, Judy B. Henry
(hereafter collectively referred to as "Defendants") are citizens and residents of
Carteret County,North Carolina.
3. Upon information and belief,Defendants E. Sherrill Styion and spouse, Phyllis H.
Styron (hereafter collectively referred to as "Defendants") are citizens and
residents of Pamlico County,North Carolina
H. Factual Background
A. Facts Relating to the Establishment of South Avenue
4. On October 4, 1899,the Town's official minutes prepared by its Clerk, J. Perkins,
reflect that the Town "[O]rdered that L.B. N idyett confer with the County
Surveyor and have the streets laid out."
5. On July 3, 1900, the Town's official minutes prepared by its Clerk, J. Perkins,
reflect that the Town"[O]rdered that Henry Brown, Jr. of Newberne be employed
to make a survey and plot of the Town at a wage of$4.00 per day and expenses."
7ARD erro DAVIs,w
A770RNEYs AT LAW � Town of oriental v.Henry and Styron .
PO DRAWER 1428 Page 1 of 7
NEW BERN•NC 29563

6. On July 3, 1900, the Town's official minutes prepared by its Clerk, J. Perkins,
also reflect that the Town "[O]rdered that P.J. Delamar be authorized to
superintend {sic} the survey to its completion and report results at next meeting."
7. A map of the Town was originally recorded in Deed Book 51 at Page 600 in the
Pamlico County Registry, and was subsequently transferred to Map Book 11 at
Page 20 in the Pamlico County Registry. The map indicates that it was made by
S.W. Swain in June, 1907, from a tracing of the blueprint of a survey made by
H.A. Brown, Jr. dated July, 1900. Said map, a copy of which is attached hereto
and incorporated herein by reference as Exhibit A, reflects that South Avenue
extends in a westerly direction to Raccoon Creek, and that Wall Street extends in
a southerly direction to the Neuse River.
8. A map of the Town was compiled by R.C. Holton, County Surveyor and dated
October, 1939. Said map, like the original Town map, reflects that South Avenue
extends in a westerly direction to Raccoon Creek, and that Wall Street extends in
a southerly direction to the Neuse River.
9. Various deeds recorded prior to 1911 for real property bordering South Avenue
between Wall Street and Raccoon Creek describe such real property being
bordered by"South Avenue, as extended."
10. The Town has surfaced and maintained South Avenue to its intersection with
Avenue A.
11. As evidenced by the foregoing, the Town surveyed, opened, and accepted the full
lengths of South Avenue and Wall Street no later than July, 1900.
B. Facts Relating to the Real Property Developed by the Oriental Bulkhead and
Improvement Company
12. The Articles of Incorporation of the Oriental. Bulkhead and Improvement
Company were executed on July 7, 1911, and subsequently recorded in the
Pamlico Registry.
.13. .. The Oriental Bulkhead and Improvement Company acquired a parcel of land
located on the northern side of the Neuse River and the eastern and southern side
of Raccoon Creek by deed dated October 16, 1911, and recorded on October 19,
1911 in the Pamlico County Registry in Book 54 at Page 590.
WARD,so D Avis,u.,
ATTOANEYSATuW Town of Oriental v.Henry and Styron _
PO DRAWER 1428 Page 2 of 7 .
NEW BEAN,NC 28563
a

14. Subsequent to the above-referenced acquisition of real property, the Oriental
Bulkhead and Improvement Company caused a survey entitled "Survey Oriental
Bulkhead Property" ("Oriental Bulkhead Map") to be recorded in Book 1 at Page
19 of the Pamlico County Registry, a copy of which is attached hereto and
incorporated herein as Exhibit B. Said survey depicts a subdivision of
approximately 34 lots. The survey also references South Avenue extending in a
westerly direction to Raccoon Creek, and Wall Street extending in a southerly
direction to the Neuse River, all consistent with the official maps of the Town.
15. By deed recorded in Book 81 at Page 144-5 in the Pamlico County Registry, •the
Town of Oriental conveyed its interest in Avenue B as shown on the Oriental
Bulkhead Map to V.E.Northam and W.M. Adams.
C. Facts Relating to the Town's Use of the Terminus of South Avenue
16. On December 7, 1937, the Town's official minutes prepared by its Clerk, L.H.
Ballard, reflect that the Town leased "the water front at the foot of {South
Avenue} at the North west {sic} end,to Hampton Spruill for ten years . . . .".
17. On May 7, 1951, the Town's official minutes prepared by its Clerk, H.H. Smith,
reflect that the Town considered transfer of lease of terminus of South Avenue to
Neuse Ways Co. and new owners, L.C. Henry and Curtis Benton
18. On June 1, 1956, the Town's official minutes prepared by its Clerk, Dennis
Barkley, reflect that the Town"renew the lease to Garland Fulcher for property at
the foot of South Avenue."
19. On August 8, 1956, the Town's official minutes prepared by its Clerk, H.H.
Smith, -reflect-that the Town rescinded the motion of the last meeting and
substituted in its place a motion to "renew the lease to Fulcher for a period of ten
years at $1.00 per year . . . ."
20. By lease recorded on December 7, 1964, in Book 140 at Page 616, the Town
leased a portion of the terminus of South Avenue to Carl M.Neuerberg.
21. On June 4, 1969, the Town's official minutes prepared by its Clerk, H.H. Smith,
reflect that the Town renewed the lease of the terminus of South Avenue to Neuse
Ways Co. The minutes also reflect that L.C. Henry made the request on behalf of
Neuse Ways Co.
WARD AND DAVIs,ua
ATTORNEYS AT LAW Town of Oriental v.Henry and Styron
P°DRAWER 1428 Page 3 of 7
NEW BERN,NC 28563

r
22. On July 2, 1974,the Town's official minutes prepared by its Clerk, reflect that the
Town renewed the lease of the terminus of South Avenue to Defendant Lacy
Henry.
23. By lease dated November 6, 1974, and recorded in Book 177 at Page 742, the
Town leased a portion of the terminus of South Avenue to Carl M.Neuerberg.
24. On September 7; 1982, the Town's official minutes prepared by its Clerk, reflect
that the Town received a request from Defendant Lacy Henry to purchase the
terminus of South Avenue currently under lease to Defendant Henry.
25. On'March 4, 2003, the Town amended its parking ordinance to provide that
parking shall be prohibited on both sides of South Avenue between Raccoon
Creek and Avenue A.
26. On March 4, 2003, the Town unanimously adopted a resolution directing the
Town Manager to acquire materials and to commence surfacing South Avenue,
from its intersection with Avenue.A westwardly to Raccoon Creek, to facilitate
the public's access to Raccoon Creek.
D. Facts Relating to Defendant Lacy Henry's and Garland Fulcher's Attempted
Acquisition of the Terminus of South Avenue
27. On April 4, 1995, Defendant Lacy Henry caused to be .filed in Book 304 at Page
93 of the Pamlico County'Registry a quitclaim deed from Ann Wadley Wing for
the real property constituting the terminus of South Avenue, and a portion of the
intersection of South Avenue and Avenue A ("Tract A"). Said deed recites that
"the Oriental Bulkhead and Improvement .Company caused the plat of said
properties.to be placed upon the public records of Pamlico County wherein said
land was divided into lots and streets, said plat being recorded in Plat Cabinet 1,
Slide 2, at Page 19,of the Pamlico County Registry."
28. On April 4, 1995, Garland Fulcher caused to be filed in Book 304 at Page 98 of
the Pamlico County Registry a quitclaim deed from Ann Wadley Wing for the
real property constituting a portion of the intersection of South Avenue and
Avenue A ("Tract. B"). Said deed recites that "the Oriental Bulkhead and
Improvement Company caused the plat of said properties to be placed upon.the
public records of Pamlico County wherein said land was divided into lots and
'ARD AM DAVIS,w
A7TORNEYs AT LAW Town of Oriental Y.Henry and Styron
Po DRAWER 1428 Page 4 of 7 i
NEW BERN.NC 28563

9
streets, said plat being recorded in Plat Cabinet 1, Slide 2, at Page 19, of the
Pamlico County Registry."
29. On May, 11, 1995, Garland F. Fulcher and Gracie L. Fulcher transferred their
interest in Tract B described above to Defendants E. Sherrill Styron and wife,
Phyllis H. Styron as evidenced by deed recorded in Book 304 at Page 936, in the
Pamlico County Registry.
30. On July 24, 1995, over three months after quitclaiming all of her interest in the
above-described Tracts A and B to Defendants, Ann Wadley Wing caused to be
recorded in the Pamlico County Registry at Book 306 at Page 431, a Declaration
of Withdrawal pursuant to N.C.G.S. 136-96. Said Declaration of Withdrawal
purports to withdraw from dedication for public or private use Tracts A and.B
described above.
M. Cause of Action—Action to Clear Title
31. The facts described herein establish that the entire length of South Avenue,
including the terminus at Raccoon Creek, was a dedicated public street prior to
1911,.and therefore, was not dedicated to public use by the Oriental.Bulkhead and
Improvement Company.
32. Since the Oriental Bulkhead and Improvement Company was not the developer or
dedicator of the terminus ''of South Avenue, the Defendant's actions to close the
terminus of South Avenue Have no effect. Therefore, title to said property is
vested in the Town of Oriental.
33. In the alternative, should the Court find that the Oriental Bulkhead and
Improvement Company was the developer or dedicator of the terminus of South
Avenue, the Town of Oriental accepted the full length of South Avenue as
evidenced by the facts set out herein, and therefore, the Defendant's actions to
close the terminus of South Avenue have no effect.
34. In the alternative, should the Court find that the Oriental Bulkhead and
Improvement Company was the'developer or dedicator of the terminus of South
Avenue, the actions taken by the Defendants and Ann Wadley Wing do not
comply with the provisions .of N.C.G.S. 136-96, and.therefore the terminus of
South Avenue has not been withdrawn from dedication for public or private use.
WARD Arm DAVIs,,Lp
ATTORNM AT LAW Town of Oriental v.Henry and Styron
PODRAWMms Page 5 of 7
NEW BERN,NC 28563 g

35. Given the facts set.out above, the Defendants are estopped under the theories of
estoppel and quasi-estoppel from withdrawing. from dedication for public or
private use the terminus of South Avenue.
WHEREFORE, PLAINTIFF RESPECTFULLY PRAYS UNTO THE COURT AS
FOLLOWS:
1. That the Court establish that the terminus of South Avenue in the Town of
Oriental is a public street, and that the same is not subject to withdrawal from
dedication for public or private use under N.C.G.S. 136-96, or any other law of
the State of North Carolina.
2. That it have and recover of the Defendants the costs of this action.
3. That it have and recover such other and further relief as the Court deems just and
proper.
THIS THE 6"DAY OF MARCH, 2003.
7
'�;7 �/
Michael Scott Davis
N.C. Bar#20920
409 Pollock Street
P.O.Drawer 1428
New Bern,North Carolina 28563
Telephone: [phone]
Attorney for Plaintiff
WARD,m Davis,n.,
ATTORNEYS AT LAW Town of Oriental v.Henry/and Styron
PO DRAWER 1428 Page 6 Of/
NEW BERM,NC 28563

1
NORTH CAROLINA
CRAVEN COUNTY
WYATT CUTLER, BEING FIRST DULY SWORN,DEPOSES AND SAYS:
That he is the Town Manager for the Town of Oriental, the Plaintiff in the above-entitled
action; that he has read the foregoing COMPLAINT and knows the contents therein; that the
same is true of his own knowledge, except as to those matters and things stated and alleged
therein upon information and belief, and as to those matters and things, he believes the same to
be true.
Lit,
Wyatt ler
Sworn to and subscribed before me, this 6 h day of March, 2003.
�_s'
'NOTARY P LIC
My commission expires:
rn'
YARD A+ DAVIS,ur
nrroRNEYS AT LAW Town of oriental v.Henry and Styron
PO DRAWER 1428 Page 7 of 7
NEW BERN.NC 28563

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NT°F ryF,y� United States Department of the Interrior
a A
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Rod 33726
�4gCH 5 ,a'9 Raleigh,North Carolina 27636.3726
REr
MIYED
March 5,2003
MAR 0 2003
mV.OF COASTAL MANAGEMENT
Mr. Raleigh W. Bland RALEIGH
U. S. Army Corps of Engineers _
Washington Regulatory Field Office
P. O. Box 1000
Washington,North Carolina 27889-1000
Subject: ID No. 200310338, Lacy Henry,Raccoon Creek, Town of Oriental,Pamlico County,NC
Dear Mr. Bland:
This letter provides comments of the U. S. Fish and Wildlife Service on the Public Notice (PN)
for the subject project. Mr. Lacy Henry, the applicant, has submitted an application for
processing under the Coastal Area Management Act(CAMA)-Corps permit processing agreement
for construction of an 8-slip commercial docking facility,installation of 147 linear feet of
bulkhead, and dredging in Raccoon Creek, a tributary of the Neuse River. These comments are
submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661-667d) and section 7 of the Endangered Species Act(ESA) of 1973,'as amended
(16 U.S.C. 1531-1543). They are to be used in your determination of compliance with 404(b)(1)
guidelines (40 CFR 230) and in your public interest.review(33 CFR 326.4) as they relate to
protection of fish and wildlife resources.
The applicant owns a 0.23-acre parcel on the eastern shore of Raccoon Creek, a tributary of the
Neuse River, in the Town of Oriental. Uplands on the site have various grasses with trees that
include pines, oaks, and sweetgum. The creek bottom'at the'site is.sandy and unvegetated. The
waterward margin of the proposed docking facility.is &7 feet,below normal water level (NWL).
The shoreline is currently bulkheaded.
The proposed bulkhead would have a maximum waterward extension of 11 feet,but would be
above the NWL at other points for an average of no overall waterward extension. Dredging for
the docking facility would remove 2,100 cubic yards of material from an area of 24,700 ftz (0.56
acre). Dredging would create a uniform depth of-6'feet at the NWL. Construction would employ
a clamshell dredge and barge-based pile driver. The bullheaded site would be graded and
landscaped to create an improved riparian buffer and establish diffuse stormwater flow to
Raccoon Creek.

The project would convert approximately one-half acre of shallow, estuarine bottoms to deeper
waters. Approximately 300 f z of shallow water would be lost due to backfill for bulkhead
construction. The dock and finger piers would usurp 16,800 ftZ of creek bottom, of which 1,956
f 2 would be shaded.
The Service is concerned that the project would create short-term increases in turbidity and result
in some siltation of the surrounding area. We are also concerned that shallow estuarine bottoms
would be permanently converted to deeper areas that may be less productive. However, these
aspects of this relatively small scale project are likely to have only minor adverse impacts on fish
and wildlife resources under our jurisdiction. To minimize any adverse turbidity and
sedimentation any barges used to hold and move dredged material should not be overfilled.
The Service has reviewed available'information on federally threatened or endangered species
known to occur in Pamlico County. We have also reviewed information from the North Carolina
Natural Heritage Program(NCNHP) database on the reported occurrence of these species in the
County. The only federally listed species likely to occur near the project area is the West Indian
manatee(Trichechus manatus). The NCNHP database shows that a manatee has been reported in
the Neuse River southeast of Oriental.
Manatees are seasonal transients in North Carolina,primarily from June through October. The
species uses freshwater,brackish; or marine habitats such as shallow coastal waters,bays,
lagoons, estuaries,rivers, and inland lakes. The primary habitat requirements for the species are
access to vascular aquatic plants, freshwater sources, and proximity to channels at least 1-2 meters
deep.(3.3 -6.6 feet). Manatees are commonly found in water three to seven feet deep, similar to
the area to be dredged. Manatees spend much of their time underwater or partly submerged, and
this behavior often makes the species difficult to detect. These mobile animals may not inhabit a
given area for extended periods, and manatees,may move into a project site where the species has
not been previously reported. Therefore, the areas that may contain manatees cannot be
determined by visual surveys that are satisfactory for less mobile, year-round species.
The clamshell dredge and barge-based pile driver to be used would pose a risk to.a manatee at the
project site. Lowering the clamshell bucket and a barge moving in shallow water could strike a
manatee.
To address the issue of construction activities in water that could be used by the manatee,the
Service developed guidelines, entitled, "Precautions for General Construction in Areas Which
May Be Used by the West Indian Manatee in North Carolina," for activities that do not include
the use of explosives. A copy of these guidelines (updated in June 2002) is enclosed. The
conditions that apply year round simply involve: (1) informing construction personnel that
manatee could be in the work area; (2)watching for manatees during work; (3) stopping
construction if a manatee comes within 100 feet of active dredging and waiting until the manatee
leaves the area before resuming work; and, (4)'procedures for reporting the death or injury of a
manatee. Two conditions that would only apply'during the period of June 1 through October.31,
involve: (1)traveling at low speeds when vessels move through an area where less than four feet
would exist between the vessel hull and the channel bottom; and, (2) the placement and inspection

P
of silt barriers in shallow water. Implementation of these guidelines should produce little, if any, .
additional expense.
We do believe that precautions are warranted for the manatee. The best protection for.the
manatee would be a permit condition to require that all work be conducted during the seven-
month period from November 1 to May 31. This provides adequate time to move the 2,100 cubic
yards of material and would require only the most general conditions provided in our guidelines.
Work could be conducted during the June 1 through October 31 period with the inclusion of the
two more specific conditions. With the inclusion of these guidelines or seasonal work
restrictions,we believe that the Corps' requirements under section 7(a)(2) of the ESA would be
satisfied. We remind you that obligations under section 7 consultation must be reconsidered if:
(1) new information reveals impacts of this identified action that may affect listed species or
critical habitat in a manner not previously considered; (2)this action is subsequently modified in a
manner that was.not considered in this review; or, (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
The project also.provides an opportunity to enhance and protect a riparian buffer that would
benefit water quality in the Neuse River and Pamlico Sound. The applicant proposes to improve
the riparian area and we recommend that native trees and shrubs be planted to establish at least the
Zone 1 (30 feet)Neuse River Buffer and preferably the additional Zone 2 (20 feet)buffer. Any
buffer would remove nitrogen;phosphorus, and pollutants from rainwater flowing into Raccoon
Creek and subsequently into the Neuse River and Pamlico Sound.
With due consideration of these issues by the applicant and the Corps, the Service does not
oppose a permit for this project. The Service appreciates the opportunity to comment on this
permit application. Please advise us of any action taken by the Wilmington Corps District. If you .
have questions regarding these comments,please contact Howard Hall at 919-856-4520 (Ext. 27)
or by e-mail at <howard ha11Rfws.gov>.
Sincerely,
c�
Garland B. Pardue, Ph.D.
Ecological Services Supervisor
Enclosure
cc: Kathy Matthews,US EPS, Athens, GA
Ron Sechler,NMFS,Beaufort,NC
4 D.oaag Huggett,NC Division of Coastal Management, Raleigh,NC
David McHenry,NC Wildlife Resources Commission,Washington,.NC

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
March 3, 2003 ,
Lacy M. Henry
PO Box 966
Atlantic Beach,NC 28512 _
Dear Mr.Henry:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to construct an 8 slip docking facility, stabilize the shoreline, and
conduct excavation in Raccoon Creek at your property in Oriental, Pamlico County, NC.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary
that the standard review time be extended. An additional 75 days is provided by G.S. 113A-
122(c) which would make May 16, 2003 the new deadline for reaching a decision on your
request. However, we expect to.take action prior to that time and will do so as soon as possible.
In the interim, if you have any question on the status of your application, do not'hesitate to
contact this office.
Very sincerely,
Jeff Schaffer -
Asst. Major Permits/Consistency Coordinator
_. cc: Tracey Wheeler-DCM, Morehead City
Robert M. Chiles, PE,PO Box 3496,New Bern,NC.28564
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

MEMORANDUM
TO: Doug Huggett
FROM: Sean McKenna
DATE: February 25, 2003
SUBJECT: Raccoon Creek docking facility, Pamlico County
The following comments by the North Carolina Division of Marine Fisheries (NCDMF)
on the subject document are offered pursuant to G.S.113-131. The NCDMF has two concerns
with the proposed project.
1. During the review process of the Oriental Harbor Village Center& Marina in
2001 the project EA showed elevated concentrations of copper, chromium,
lead,mercury,nickel; standard, zinc, arsenic,and cadmium in sediment
samples taken from the federal channel in Raccoon Creek. While no data is
currently available for the proposed dredge site the NCDMF is concerned that
the proposed dredging will include some of the elevated sediment. If so,
dredging will re-suspend these toxins. The NCDMF request that a turbidity
curtain be used during the dredging process.
2. As proposed the dredge spoil will be used as back-fill for the bulkheads. Will
this material be dewatered prior to backfilling? If so where will the dewatering
effluent pipe from the spoil area be discharged? If the spoil is not dewatered
than a turbidity curtain should be placed around the bulkhead portion of the
project to retain any released toxins. If dewatering is to occur the NCDMF
would like to see that addressed in the,permit.
If these concerns are addressed then the NCDMF would not be opposed to the project.

B
Ay
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
February 24, 2003
Michael Scott Davis
Ward and Davis,LLP
PO Drawer 1428
New Bern, NC 28563
Dear Mr. Davis:
Thank you for .your February 21, 2003, letter on behalf of the Town of Oriental
concerning the Coastal Area Management Act (CAMA) Major Development Permit application
submitted by Lacy M. Henry, seeking authorization to construct an 8-slip docking facility and a
bulkhead as well as conduct excavation in Raccoon Creek on property located in the Town of
Oriental, Pamlico County. As you may be aware, the Division of Coastal Management is
coordinating a multi-agency state and federal review of the proposal. I can assure you that your
comments will be examined and taken into consideration prior to the Division taking final action
on this permit application, and you will be informed of this final action.
The Division appreciates you taking the time to comment on this application and for the
information you provided, and your letter will be added to the official permit application file for
this project. I would appreciate it if you would keep me updated on the actions the Town is
taking, and I will keep you informed of any future actions the Division may take on this matter.
Please feel free to contact me at (919) 733-2293, extension 240, or email me at
[e-mail],if you should have any additional concerns relating to this project.
Sincerely,
Jeff Schaffer
Assistant Major Permits Coordinator
cc: Tracey Wheeler- DCM, Morehead City
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone:, 919-733-2293\FAX: [phone]\Internet: http://www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

MEMO
To: Doug Huggett
From: Mike Christenbury
Subject: Consistency Determination,Major Permit Application,Lacy Henry,Town
of Oriental,Pamlico County
Date: February 21, 2003
The applicants' property is located in the Town of Oriental at the intersection of Avenue
A and South Avenue on Raccoon Creek. The applicant proposes to construct an 8-slip
docking facility for lease or rent,install 147 linear feet of bulkhead and conduct
excavation in Raccoon Creek.
Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine
Waters, Coastal Shorelines and Public Trust Areas. Waters at the project site are
classified as SC HQW NSW and are not open to the harvesting of shellfish. The area is
not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 1994 Town of Oriental Land Use
Plan Update and offer the following comments.
The general area of the project is classified as Developed, while the AECs impacted by
the work are classified as Conservation.
In general, the Town of Oriental allows development in Conservation classified AECs
which is consistent with the State's minimum use standards. The Town of Oriental Land
Use Plan contains some local policies which exceed 7H guidelines including those for
upland excavation for marina basins. According to policy 8A.2j [Marina and Floating
Homes] of the Town of Oriental Land Use Plan, all docks in the Town Harbor(Raccoon
Creek)that provide business services to any recreational or work boat (fishing boats,
shrimp trawlers, crab boats, etc) will be required to provide pumpout facilities or have'
shore public toilet facilities. It does not appear from the CAMA permit application that
pumpout facilities,or shore public toilet facilities are included in this project.
Provided that pumpout facilities or shore public toilet facilities are included in this
project as referenced in the above policy, and that all other local, state and federal
requirements can be met, this project appears to be consistent with the 1994 Town of
Oriental Land Use Plan Update.
Cc: Charles Jones
Ted Tyndall
Kathy Vinson
Wyatt Cutler

w
WARD AND DAVIS,LLP
ATTORNEYS AT LAW
ALFRED D.WARD 409 POLLOCK STREET
ALFRED D.WARD,JR. PO DRAWER 1428
JOHN A.J.WARD NEW BERN,NC 28563
MICHAEL SCOTT DAVIS 252-633-1101 FAX [phone]
I.CLARK WRIGHT,JR. [e-mail]
February 21, 2003
VIA FACSIMILE [phone] RECEIVED
AND U.S. MAIL
FEB 2 5 2003
Ms. Tracey L. Wheeler, Coastal Management Field Representative
NC Division of Coastal Management DW.OFCOASTAL�A t GE T
151-B Highway 24, Hestron Plaza II
Morehead City,N.C. 28557
Re: Lacy M. Henry—Application for CAMA Major Development Permit
Dear Ms. Wheeler:
I am the Town Attorney for the Town of Oriental. This letter is in response Mr. Lacy M. Henry's
application for a CAMA Major Development Permit to construct a bulkhead and 8-slip docking
facility at the foot of South Avenue in Oriental, North Carolina. The Town of Oriental strongly
objects to the issuance of any permit to Mr. Henry for the development of the real property located
at the terminus of South Avenue. Mr. Henry claims to own this small parcel as evidenced by the
quitclaim deed submitted as, part of his application. The quitclaim deed purports to transfer
ownership of a Town street, all as reflected on the survey attached to the quitclaim deed. The Town
has directed me to prepare a lawsuit to establish title to this parcel, which.I have done. At the
Town's regular meeting on March 4, 2003, I expect the Town to direct me to file the lawsuit against
Mr. Henry. For this reason, I ask that your office extend the time to review Mr. Henry's application
by an additional 75 days. This will allow the Town of Oriental to file its lawsuit and forward a copy
of the same to your office for review.
Kindest regards.
Yours ver3%truly,
MICHAEL SCOTT DAVIS
MSD/sd
Pc: Mr..Wyatt Cutler, Town Manager, Town of Oriental
Ms. Donna Moffitt, Director,NC Division of Coastal Management
Mr. Doug Huggett,NC Division of Coastal Management
Mr. Clark Wright, Ward and Davis, LLP

-4
�� r
CIE
FF8 8 2003
� WOKOASTALMWOEMM
RALEGH
A
s
® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
TO:. Doug Huggett
.Major Per 11;'ts I?racessi ag:Coordtr�at:or
Division of Coastal Management
.North Carolina Department of Envi'ro ent and Natural Resources
ff,,
FROM: David McHenry Northeast Coastal Region&rdmator
Habitat Conservation Section
North Carolina Wildlife Resources Commission
DATE: February 14,2003
SUBJECT: ('AMA Dredge/Fill'Permit Application for L2rsiry, Oriental,Pamlico County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the
permif'npplicationwith regard to impacts of the project on fish and wildlife resources. Our comments are
provided in accordance.w. ith provisions of the Coastal Area Management Act(G.S. 113A-100 through
113A-128); as amended, and the Fish and Wildlife Coordination Act(48 Stat..401, as amended;.16 U.S.C.
661 et seq.).
The applicant is.proposing development of an.8-slip commercial dock facility adjacent to
Raccoon Creek in the Town of Oriental in Pamlico County;lNorth Carolina. Raccoon Creek is designated
coastal water and classified as SC HQW NSW by-.the Environmental Management Commission;. The site
has beers-used;provigusly far co.mmereia,l op6tations,.. The-applicant isiproposing.exeavatiQn of 2,100
cubic yards'of sediments and construction of two"docks.Yvith finger piers and 147'linear feet of bulkhead.
Impacts of the project on creek bottom would total 41,800 square feet.
The Commission.is concerned that the excavation and back-filling of.the bulkhead with the
spoils will contaminate surrounding waters. Elevated,,and potentially toxic, levels.of several metals have
been documented in close proximity to the project site. .Since.there are important nursery areas in the
Oriental area; preventing the off-site transport of contaminated sediments is.particularly important.
Therefore,the Commission supports the recommendations;made by the North Carolina Division of
Marine Fisheries regarding turbidity curtains,off-site spoil disposal, and construction moratoriums.
The Commission appreciates the opportunity to review and comment on this application. If you
need further assistance or additional information,please contact me at(252) 946-6481 ext 345.
Mailing Address: Division of Inland Fisheries • 1721,Mail Service Center• Raleigh,NC 276994721

S
10)
DEPARTMENT OF THE ARMY ",V�
I/ WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office FEB.
P.O.sox 1000 1 ,2003
Washington,North Carolina 27889-1000 (��pT
IN REPLY REFER TO RALE�A�.° W/N71�^'��f7
T-t
Regulatory Division
Action ID: W E I � ���� Applicant: �� � ' 1+6r
Waterway: t��0%Vy, ���' .County: ����'1 ¢�u Work Type:
Mr. Ron Sechler Mr. Doug Huggett
National Marine Fisheries Svc,NOAA Division of Coastal Management
Pivers Island NC Department of Environment,Health
Beaufort,NC 28516 and Natural Resources
Post Office Box 27687
Mr. Garland B.Pardue Raleigh, NC 27611-7687
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service
Post Office Box 33726 k
Raleigh, North Carolina 27636-3726 ' le l�� � Regional Office
Division df Coasial Management
Mr. Ronald J.Mikaluk, Chief NC Department of Environment, Health
Wetlands Section—Region IV and Natural ources
Water Management Division 110 J i
U.S. Environmental Protection Agency �i %��
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing
agreement, a State Field Investigation Report is enclosed,
. Yr comments and/or
recommendations would be appreciated on or before
Questions or comments may be addressed to Mr. Raleigh Bland,Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh W.Bland,P.W.S.
Regulatory Project Manager
Enclosure

I �
tlMM
State of North Carolina
Department of Environment and Natural.Resources
Washington Regional Office
Michael F.Easley,Govemor . William G. Ross,Jr.,secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION:;
February 10,2003
f
Mr:Lacy M. Henry_..
Post Office Box 966,
Atlantic Beach,North Carolina 28512
RE: Lacy Henry Docking Facility
Pamlico County
Drainage Basin:Neuse
Dear Mr. Henry:
As an agency involved in the Division of Coastal Management's major permit review process,
we hereby inform you of the possibility of your needing to obtain additional permits in regard to your
proposed project.
If the land-disturbing activities associated with this project(grading, filling, diking,spoiling,
road and/or drainage construction, lot preparation, etc.) will affect at least one. acre, then a
sedimentation and erosion control plan must be filed with this office for approval at least thirty.days
prior to construction.
You are advised to contact this office so that such a determination can be made.
In the event a plan is required,the contents of the plan should include,but are not limited to,
the following:
L .A scaled plat plan of the site, showing the affected areas as well as adjacent and/or
off-site properties which may be affected. Include contours if available.
2. Indicate critical areas.such as wetlands, creeks, streams, drainage ways, marsh, etc.
3. Include a brief narrative describing the activities to be undertaken and a construction
schedule.

L""a ,
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
RECEIVED
February 7, 2003
FEB-1 9'2003
Doi OFCOASTALMANAGEMW
RALEIGH
Mr. Doug Huggett,
Major Permits Processing Coordinator
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
1638 Mail Service.Center
Raleigh,North Carolina 28699-1638
Subject, Construct an 8 Slip Docking Facility With Bulkhead and Excavation in Racoon
Creek in Oriental,Pamlico County
Mr. Doug Huggett,
The permit application was submitted to this office for review. Find attached the completed
form submitted tol the NC DOT. State Highway Administrator's.office.
South Avenue is not maintained by the North Carolina Department of Transportation,
therefore, we would not have an interest with the project. The road is probably a town
street maintained by the Town of Oriental.
Should you have any questions or need additional information, please,advise. My number in
the New Bern district office is [phone].
Sincerely,
Aaron C. Everett
District Engineer
ACE/rrf
attachment
Copy: Roberto Canales, P.E., Chief Engineer's Office
Dwayne Alligood, P.E.,Division Maintenance Engineer-w/attachments
Ken Mason, County Maintenance Engineer w/attachments
Division Two•District.Two•209 S. Glenburnie Road•New Bern,N.C. 28569•Phone[phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
MEMORANDUM
TO: Doug Huggett
FROM: Tracey Wheele �t� 3
DATE: 4 February 2003
SUBJECT: Application for CAMA Major Permit
Lacy'Henty
Pamlico County,North Carolina
I have reviewed the application for a CAMA Major Permit submitted to this office by
Robert Chiles Engineering on behalf of Lacy Henry in regards to the rules and regulations
adopted by the CRC, specifically NCAC 7H..0206, .0207, .0208 and .0209. My review indicates
that, overall, the proposal appears to be consistent with these regulations. I recommend that the
permit be issued with the following conditions:
Piers
1) The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
2)The permittee will maintain the.authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third
per'•
3) The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. At a minimum,permanent reflectors should be attached to the structure in order
-to make it more visible during hours of darkness or inclement weather.
4) Prior to the occupancy of any new slips authorized under this permit, a marine
r pumpout sewage disposal facility or onshore restroom facility will be installed and
Y operable, and maintained for the life of the docking facility.
5) No sewage, whether treated or untreated, shall be discharged at any time from boats
using the docking facility. Any sewage discharge at .this docking facility shall be
considered a violation of this permit for which .the permittee is responsible. This
prohibition shall be applied and enforced throughout the entire existence of the permitted
structure.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

,J
Lacy Henry
Pamlico County
Page 2
6) This pennit authorizes only the docks,piers, and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No
other structure,whether floating or stationary may become a pennanent part of this
docking facility without permit modification.
7) The pier and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and the adjacent property owner's riparian access
corridor.
8) This penliit authorizes a maximum of eight boat slips.
Excavation
9) Excavation will not exceed six feet below the normal water level. In no case shall the
depth of the excavation exceed the depth of the receiving waters.
10) All excavated materials will be confined above normal water level and landward of
any wetlands behind adequate retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
11) The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
12)The disposal area will be properly graded and provided a ground cover sufficient to
restrain erosion within thirty(30)working days of project completion.
13)The spoil disposal area must be inspected and approved by a representative of the
Division of Coastal Management prior to the commencement of any dredging activities.
Bulkhead
14) The alignment of the authorized bulldlead must be staked by a representative of the
Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days or erosion of the shoreline
due to adverse weather conditions will require the alignment to lot restaked by DCM
within a maxiinuin of 30 days prior to the new expected start of construction.
15) The bulkhead must be constructed prior to any backfilling activities.
16) The bulkhead must be structurally tight so as to prevent seepage of backfill materials
through the s�ructure.

Lacy Henry
Pamlico County
Page 3
17) All fill material to be placed below the normal water level will be confined behind the
permitted bulkhead.
*Note: The applicant should contact the NC Division of Water Quality to determine
compliance with the Neuse River Basin Buffer Rules. For more information concerning
the Neuse Buffer Rule, contact Tom Steffens at [phone].
*Note: Future development on the permittee's property may require a modification of this
permit. Contact a representative, of this Division at (252) 808-2808 prior to
commencement of any such activity.
*Note: This permit does not eliminate the need to obtain any additional state, federal or
local permits, approvals or authorizations that may be required.
*Note: Pursuant to N.C.G.S. 146-12, the permittee may apply to the Department of
Administration's State Property Office for a voluntary easement for structures located
over or upon State-owned lands covered by navigable waters.

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
January 30, 2003
MEMORANDUM:
TO: Mike Christenbury,District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Lacy M. Henry
Project Location: Pamlico County; at the intersection of Avenue A and South Avenue on Raccoon
Creek in the Town of Oriental
Proposed Project: The applicant proposes to construct an 8 slip docking facility,install 147 linear feet
of bulkhead and conduct excavation in Raccoon Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 20, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE 3
151-B Hwy. 24, Hestron Plaza II, orehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

A74LA. 1--l.
NCDENR F�� s zoo3
North Carolina Department of Environment and Natural Resources DIlflslON OF
Division of Coastal Management "WATER RBOLIRCES
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
February 3,2003
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
APPLICANT: LACY M. HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON ,
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN 8-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], 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 G 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

INA
NCDENR FEB 2 8 2003
North Carolina Department of Environment and Natural Resource JV.0FCOASTALMANAGBI-ENT
Division of Coastal Management RALEIGH
Michael F.Easley,Governor Donna D. Moffitt, Director William G,Ross Jr.,Secretary
February 3,2003
MEMORANDUM D (�
TO: Linda Sewall, Director FHB 2
Division of Environmental Health 2003
FROM: Doug Huggett SH""'SH SAivi T101V
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: LACY M. HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN 8-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], 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 a ency objec+s to the projpct or reasons descri ed in the attached comments.
SIGN et C(' ATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary
February 3,2003
MEMORANDUM
TO: Mr. Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: LACY M. HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN S-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], 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 C DATE Z— 1 d /' 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources'
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
February 3,2003
MEMORANDUM
TO: Mr. Joseph H. Henderson, Director
State Property Office
Department of Administration
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: LACY M.HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN 8-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULICHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], 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 uJ DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F.Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
January 30, 2003
MEMORANDUM:
TO: Mr. Tom Richter
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Lacy M. Henry
Project Location: Pamlico County; at the intersection of Avenue A and South Avenue on Raccoon
Creek in the Town of Oriental
Proposed Project: The applicant proposes to construct an 8 slip docking facility,install 147 linear feet
of bulkhead and conduct excavation in Raccoon Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 20, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
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 DATE / -3/- 03
151-B Hwy. 24, Hestron Plaza 11, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
January 30, 2003 RECEIV .:
FEB 1 «u3
MEMORANDUM: ON000ASTALMANAGEME g
RALEt0B
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAN A/DREDGE&FILL Permit Application Review
Applicant: Lacy M. Henry
Project Location: Pamlico County; at the intersection of Avenue A and South Avenue on Raccoon
Creek in the Town of Oriental
Proposed Project: The applicant proposes to construct an 8 slip docking facility,install 147 linear feet
of bulkhead and conduct excavation in Raccoon Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 20, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
/ This agency has no comment on the proposed project.
/ This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

� 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
February 3,2003
RECEIVED
MEMORANDUM F E B At 8'2003
TO: David McHenry DW OF COASTAL MW
Wildlife Resources Commission RALOGH
ATTN: Habitat Conservation Program,
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: L.`ACY-M..4IENRY
PROJECT LOCATIONANTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN 8-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by.February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
T ' ageny objects to the p11.
DATE Z ject for reasons described in the attached comments.
SIGNE
( ^1�d 3�G'�""
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR ?f
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
r?
January 30, 2003 Q
'AN I
MEMORANDUM: _
EMF-HA6ICT Y
TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett D [ Q —"'
Major Permits Processing Coordinator 1t
{R 2 {�{
SUBJECT: CAMA/DREDGE &FILL Permit Application Review J
Applicant: Lacy M. Henry i F- 6 1 [AT I
J
Project Location: Pamlico County; at the intersection of Avenue A and South Avenue on Raccoon
Creek in the Town of Oriental
Proposed Project: The applicant proposes to construct an 8 slip docking facility,install 147 linear feet
of bulkhead and conduct excavation in Raccoon Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 20, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
LA,,ZThis 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 j /� G �, DATE 0 D3
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR 'Piso ­AE
FEB 6 2003
North Carolina Department of Environment and Natural Resources olvisaj oF
Division of Coastal Management R RESOURCES
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
February 3, 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
APPLICANT: LACY M. HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL..
PROPOSED PROJECT:.CONSTRUCT AN S-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 24, 2003. If you have any questions regarding, the proposed project, please
contact Doug Huggett at [phone], 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 G
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

RmCS
NCDENR F F B 2 8 2003
North Carolina Department of Environment and Natural Resource
Division of Coastal Management � C��p RA UGH ��� ���
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
February 3,2003
MEMORANDUMD (�
TO: Linda Sewall, Director
Division of Environmental Health FEB ° �? �03
FROM: Doug Huggett SHELLF'SN SA
Major Permits Processing Coordinator NITgT��N
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: LACY M. HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN 8-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by-February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], 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 a ency objects tot project or reasons descri ed in the attached comments.
SIGN t%1 R ce-SATE lab
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

��' •rram
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
February 3,2003
MEMORANDUM
TO: Mr. Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: LACY M. HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN S-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND'CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or-viewpoint on the proposed project and return this
form by February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], 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 �(.C DATE & �' 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone:. [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.ne.us
An Equal Opportunity 1 Affirmative Action Employer--50%Recycled 110%Post Consumer Paper

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���� RECE
NCDENR m
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
OF
.-..
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
February 3,2003
MEMORANDUM
TO: Mr. Joseph H. Henderson,Director
State Property Office
Department of Administration
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: LACY M. HENRY
PROJECT LOCATION: INTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN 8-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February,24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone],. 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 u1 DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

AA
NCDENR . . ,
^A,F
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
January 30, 2003
MEMORANDUM:
TO: Mr. Tom Richter
Division of Community Assistance
FROM: Doug Huggett
Major Permits.Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Lacy M. Henry
Project Location: Pamlico County; at the intersection of Avenue A and South Avenue on Raccoon
Creek in the Town of Oriental
Proposed Project: The applicant proposes to construct an 8 slip docking facility,install 147 linear feet
of bulkhead and conduct excavation in Raccoon Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 20, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
his 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 / -3/- 03
151-B Hwy. 24, Hestron,Plaza Il, Morehead City, North Carolina 2855.7
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

ay
NCDENR -
North Carolina Department of Environment and Natural Resources 7 G)
Division of Coastal Management
Michael R Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
January 30, 2003 RECEIVEr.
FEB 1. 9 ?UUJ
MEMORANDUM: Uy,OFCoASTALMANAGEMENT
RALEiGH
TO: Mr. Charles Gardner,Director
Division of Land Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Lacy M. Henry
Project Location: Pamlico County; at the intersection of Avenue A and South Avenue on Raccoon
Creek in the Town of Oriental
Proposed Project: The applicant proposes to constfuct an 8-slip docking facility,install 147 linear feet
of bulkhead and conduct excavation in Raccoon Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 20, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
/This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 3
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G..Ross Jr.,Secretary
February 3, 2003
RECEIVED
MEMORANDUM F E g:1 81003
TO: David McHenry DW OF COASTAL MW
Wildlife Resources Commission RALEIGH
ATTN: Habitat Conservation Program.
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: LACY M.-HENRY
PROJECT LOCATIOMINTERSECTION OF AVENUE A AND SOUTH AVENUE ON
RACCOON CREEK IN THE TOWN OF ORIENTAL.
PROPOSED PROJECT: CONSTRUCT AN 8-SLIP DOCKING FACILITY, INSTALL 147
LINEAR FEET OF BULKHEAD AND CONDUCT EXCAVATION
IN RACCOON CREEK.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 24, 2003. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes.are incorporated.
T agen objects to the p wject for reasons described in the attached comments.
3
SIGNE `G'�'"" DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
January 30, 2003 D
� 1t
F '
MEMORANDUM: _
TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett D [ [�' [ drr
`""`
Major Permits Processing Coordinator
iFEBz8
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
GA � T I
Applicant: Lacy M. Henry F- 1�� i
Project Location: Pamlico County; at the intersection of Avenue A and South Avenue on Raccoon
Creek in the Town of Oriental
Proposed Project: The applicant proposes to construct an 8 slip docking facility,install 147 linear feet
of bulkhead and conduct excavation in Raccoon Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 20, 2003. If you have any questions regarding the proposed project, please contact Tracey
Wheeler at(252) 808-2808. When appropriate,in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
:' This agency approves of the project only if.the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED /, �' DATE
151-13 Hwy. 24, Hestron Plaza ll, Morehead.City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www..nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

<�
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47
ROBERT M. CHILES, P.E.
ENGINEERS,CONSULTANTS
- MARINESURVEYORS
417-A BROAD ST. BUSINESS:252-637-4702
P.O.BOX 3496 FAX:[phone]
NEW BERN,NORTH CAROLINA 28564-3496 [e-mail]
November 14, 2002
Mr.Wyatt Cutler ,
Town Manager
Town Of Oriental 'G
507 Church St. DEC 1 T Z002 I
PO Box 472 `
Oriental, NC 28571
Ref: Lacy Henry Dock Construction, Oriental, NIC
Dear Mr. Cutler:
Thank you for your time and willingness to discuss the Town of Oriental, 1994
CAMA Land Use Plan Update ('94 CLUP)during our telephone conversation of
November 08, 2002: Your comments during our discussion about pumpout facility
requirements and their application to the docks proposed in Mr. Henry's CAMA permit
application are the reason for this letter.
To reiterate,we spoke about policies A.2i, and A.2j of section 8,Marino and
floating homes, found on page VIII-12 of the '94 CLUP.
Policy A.2i states that "marinas having eleven or more slips shall provide publicly
available holding tank pump out facilities or have shore public facilities." We surmised
that the eleven slip minimum was probably intended to reflect the Division of Coastal
Management's (DCM) definition of a marina,which includes any facility designed to
accommodate over ten vessels. The proposed docks of this project are designed to
accommodate only eight vessels, and as such, should not be subject to this.rule.
Policy A.2j states that "all docks in the Town harbor (Racoon Creels) that provide
business services to any recreational or work boat (fishing boats, shrimp trawlers,crab
boats, etc.) will be required to provide pumpout facilities or have shore public toilet ,
facilities." We discussed the DCM contention that the proposed docks may be subject
to this standard owing to the phrase "business services." Because the '94 CLUP does
not define business services, DCM is uncertain if offering privately owned slips for rent or
providing water and electrical connections for those slips constitutes a business service
as intended by this policy.
During our discussion you commented that there are other.privately owned
docks in Oriental similar to those proposed by this project that do not have pumpout
facilities, and that in your opinion this project should not require pumpout facilities.
MECHANICAL,CIVIL,AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL,INDUSTRIAL,MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

y
e �.sr(>,,
iW K YL � �4�TiW+a1 -`Si 1
.Our office spoke with Mrs.Tracey Wheeler of DCM..on November 12, 2002 to
discuss your comments regarding pumpout facilities and solicit a DCM response. Mrs.
Wheeler informed us that you provided a written response to the public notice of this
project, and suggested we ask you to send a second letter to her regarding your
opinion of the pumpout facility requirement. We therefore request that you, on behalf
of the Town of Oriental, send a second letter to Mrs.Wheeler clarifying the business
services pumpout facility requirement of policy A.2j, so that DCM may better
understand how to apply the policy to this or any other future project.
Thanking you again for assistance in this matter,we remain,
2002
f i j
Very truly yours,
ROBERT M. CHILES, P.E.
Michael L. Rice, E.I.
cc: Lacy Henry
F.\MikeR\Documenh\2001019 W CuHerwpd

NOMA
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
11 September 2002
Michael L. Rice
Robert M. Chiles, P.E. ra'
.� .
Engineers and Consultants �('� Q SEP �� YUUZ
P.O. Box 3496 f DIV.'�''r';.:i'; R.
117-A Broad St.
New Bern,NC 28564-3496
SUBJECT: Return of CAMA Major Permit Application for Lacy Henry
Raccoon Creek
Pamlico County
Dear Mr. Rice,
On 5 August 2002, this office received the CAMA Major Permit Application filed by you
as agent for Lacy Henry for the development of an eight slip docking facility, construction of a
bulkhead, and excavation adjacent to the proposed docking structure adjacent to the property at
the intersection of South Avenue and Avenue A on Raccoon Creek in Oriental, Pamlico County
North Carolina. The following items need to be addressed before the application can be accepted
as complete.
Overall
The permit fee for commercial construction as proposed is $400. I am enclosing a copy of
our permit fee schedule for your use. The original signed green cards from the certified mail
packages sent to adjacent riparian property owners must be submitted prior to permit issuance.
The Town of Oriental Land Use Plan Update requires pumpout facilities or public toilet facilities
for all docks in the Town Harbor (Raccoon Creek) that provide business services to any
recreational or work boat. Your narrative mentions that this site was the location of a boatyard.
Can you provide more background information, like how long ago the site was used as a
boatyard. This information is relevant for some agency reviews. There is a question regarding
ownership of portions of the property. Please be aware that this Division does not adjudicate
property ownership. If substantial evidence is presented to question ownership of the property,
permit processing may be put on hold pending resolution of rightful ownership.
DCM MP-1
• 4.e. There are mixed pine trees, and scattered wetland plant species on the property.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
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Lacy Henry
Pamlico County
Page 3
Mooring Piles, Dock, Finger&Platform Delineation
The proposed dredging will extend from the proposed bulkhead to the waterward extent of
the proposed structure. What will prohibit boats from mooring adjacent to the bulkhead between
the two dock structures? If the facility provides slips for more than 10 vessels, it will be
classified as a new marina, and will be required to undergo review through the State's
Environmental Policy Act.
Dock Length Establishment Drawing
This drawing is illegible when reproduced. I understand that using the aerial photograph is
very helpful in illustrating your point. Is there any way to lighten the photo so the writing is
legible?
I am returning the Major Permit application package along with the $250 check for the
permit fee. Once the necessary corrections have been completed, please resubmit the application,
fee, and green cards to this office for processing and agency review. Should you have any further
questions, do not hesitate to contact me by phone [phone] or by e-mail
tracey.wheeler@z>,ncmai l.net.
Sincerely,
����ti
Tracey
Coastal Management Field Representative
cc: M. Ted Tyndall—District Manager, Morehead City Office, DCM
Doug Huggett—Major Permits Coordinator, DCM
Lacy Henry- Applicant

Op\ENTq� TOWN OF ORIENTAL
-507 Church St. • PO Box 472
Oriental, North Carolina 28571
CAao., [phone]•Fax [phone]
http://www.'pamlico.com/oriental/
[e-mail]
7AUG 2002
August 21, 2002 COASTMAML A- I N IENT
Mrs. Tracy Wheeler
NCDENR
Division of Coastal Management
151-B Highway 24
Morehead City,N.C. 28557
Ref: Lacy.Henry Dock Construction, Oriental,NC
Dear Mrs. Wheeler,
Included in the application package for the dock construction is a quitclaim deed
referencing roads (i.e. South Avenue) supposedly never dedicated or accepted by the Town
of Oriental. As proposed,this road will be part of the dock construction,
The Town disagrees with this position and will be filing a lawsuit claiming South Avenue
extends to the water's edge of Raccoon Creek. With historical data and the fact that
this is a public access issue vs. private ownership,the Town feels confident that it will
prevail.
The Town request that a permit not be issued at this time.
Very truly yours,
Wyatt Cutler
Town Manager
cc: Scott Davis- Town Attorney
ice, PRINTED ON RECYCLED PAPER

Development Type FEE DCM% DWQ
(14300 1601 4351000§31625 6253) (243001602 435100095 2341)
I. Private,non-commercial
development that does not involve $250 100%($250) 0%(SO)
the filling or excavation of any
wetlands or open water areas:
II. Public or commercial development
that does not involve the filling or S400 100%($400) 0%($0)
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,B,C,or D
below applies:
III(A). For Private,non-commercial
development,If General water Quality 5250 100%(S250) 0%(SO)
Certification No.3301(see attached)
can be applied:
III(B): For public or commercial
development,if General water Quality $400 100%($400) 0%(SO)
Certification No.3301(see attached)
can be applied:
III(C). If General Water Quality
Certification No.3301 (see attached)
could be applied,but DCM staff
determined that additional review and $400 60%($240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No.3301(see attached) $400 60%($240) 40%($160)
can not be applied:
IV. F r evelopment 7�,.n
oIves
thf�ling nd/or exca� f more 75 60°° 285) 40%($190)
n one cre of w tfands an or
'open wat r area .
t

NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives notice as required
by NCGS 113A-119(b) that application for a development permit in an Area of Environmental
Concern as designated by CAMA was received on 17 December 2002. According to said
application, Lacy M. Henry is proposing to construct a bulkhead and 8-slip docking facility and
to conduct excavation adjacent to his property at the intersection of South Avenue and Avenue A
on Raccoon Creek in Oriental, Pamlico County,North Carolina. A copy of the entire application
may be examined or copied at the office of. Tracey Wheeler, NC Division of Coastal
Management, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC, Telephone [phone]
during normal-business hours.
Comments mailed to Donna Moffitt, Director, NC Division of Coastal Management,
1638Mail Service Center, Raleigh, NC, 27699-1638 prior to. 25 -February 2003 will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modifications may occur based on further review and
comments by the public and state and federal agencies. Notice of the permit decision in this
matter will be provided upon written request.
PLEASE PUBLISH ON: 5 February 2003

FA
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
27 January 2003
Mr. Lacy Henry
P.O. Box 966
Atlantic Beach, NC 285.1.2
Dear Mr. Henry,
This letter is in reference to the application you submitted for State approval for major
development on your property located at the intersection of South Avenue and Avenue A on
Raccoon Creek in the Town of Oriental, Pamlico County North Carolina. The complete
application was received on 17 December 2002. The projected deadline for making a permit
decision is 2 March 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-1199b) 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 where a private road would lead one to your property. Failure to post this.notice could result
in an incomplete application.
An on-site inspection will be made, and.if additional information is required, you will be
notified. Please contact me if you have any questions and notify me in writing if you wish to
receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Tracey L. Wheeler
Coastal Management Representative
Enclosure
Cc: Doug Huggett
M. Ted Tyndall, District Manager, DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
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PS Form 3811,July 1999
*.. Domestic Return Receipt
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PS Form 3811,July 1999
Domestic Return Receipt 102595 00 A

1
• f�`_r� �� ks
BOOK
tyf`rw` '
DEC 1 7 2002 P : 5a
{
NORTH CAROLINA »_. .µr �.,nba
tai:= s
PAMLICO COUNTY "" n
THIS DEED, made and entered into this JQ day of
197 , by and betwedn LACY CARL HENRY and wife, MYRTLE BE'NTON HENRY, hereinaftel'�
called "grantors" and LACY M. HENRY and wife, JUDY B. HENRY, hereinafter "•''!
called "grantees";
W I T N E S S E T H:
That grantors, for and in consideration of the sum of Ten Dollars
and other good and valuable considerations to them in hand paid, the receipt
of which is hereby acknowledged, have bargained and sold and by these presents
do bargain, sell'arid convey to the said Lacy M. Henry and wife, Judy B. Henry,
and their heirs and assigns, a certain tract or parcel of land in Number Five
(5) Township, Pamlico County, North Carolina, particularly described as
�(ry� follows:
a �O TRACT 1: Lying
t and being in the Town of Oriental, North
i W;6 i Carolina. Being lots numbered 2 and 3 in the Bulkhead .
001, u�Ii improvement Company subdivision, as per plat recorded in ?"`1
F U W.wJa. , map book 1 on'page 19.in the Office of the Register of
H x Deeds of Pamlico County, to which plat reference.is hereby
o ) i made for greater certainty of.description. This is a
z portion of the land described in and conveyed by U.. G. Lee
and wife to Frank Sterling Bell recorded in Book 105 on
page 417 in said office. Also see Book 86'page 113 and
Book 81, page 570, Pamlico County Registry.
d Z a f O Being that same property conveyed by Frank Sterling Bell
v � m w O 4. and wife to Lacy Carl Henry and wife, by deed dated .
;w¢ a o� October 24, 1955, and.recorded in Book 118, page 516,
I-U ,� �, , Pamlico County Registry.
H
¢ TRACT 2: In the Town of Oriental on the Southeast
O
----- - -= z- ' side of Raccoon Creek.(Oriental Harbor) -on.the Northwest
_ side of Neuse River, BEGINNING at a point in the edge of
Raccoon Creek which would be intersected by extending
Westwardly the South line of Lot 4 as shown on the map
entitled "Survey, Oriental Bulkhead Property",. which is ,
recorded in Map Book I at page 19, Pamlico County
Registry; and running thence from said beginning point
in a Northeastwardly direction along and with the edge
of Raccoon Creek to a point on the edge of Raccoon Creek
said point being the Southern edge of South Avenue: thence
along and with South edge of South Avenue in an Eastwardly
•AMES E.RAGAN.Ill direction to a point being the point of intersection between +" l
"T RN6ATLAW the Southern edge of South Avenue and the Western edge of
P.O.D"E 518
RwYR"RO.N.a .Avenue A;'thence along and with the Western edge of Avenue A
eunoe
�eias wa+aar. .

}
�a DEC 7 2002 1
ens 20C2
f
in a Southwardly direction, a distanceTTT—v nie`£more or
less to the Northeast corner of Lot-5; thence along and:
with the South line of Lot 4 to a point which would be
intersected by extending Westwardly the South line of
Lot 4, said point being the point of BEGINNING.
TO HAVE AND TO'HbLD the aforesaid tract or parcel of land, together
with all privileges and appurtenances thereunto belonging, to the said Lacy M..
Henry and wife, Judy B. Henry, and their heirs and assigns, in fee simple
forever.
And grantors, for themselves, their executors and administrators,
covenant with grantees and their heirs and assigns, that they are seized
of said premises in fee; that they have a perfect right to convey the same
in fee simple; that the same are free and clear of all encumbrances whatsoever;,
and that they will warrant and defend the title to the same against the
lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, grantors have hereunto set their hands and
seals, the day and year first above written.
ham. /'iC (SEAL)
LACY`CARL'HENRY
(SEAL)
MYRTLE'BENTON HENRY
STATE OF NORTH CAROLINA
COUNTY OF PAMLI
I ��'-� , a Notary Public in
and for said County and State do hereby certify that LACY CARL HENRY and wife,
MYRTLE BENTON HENRY personal appeared before me this day and acknowledged the
due execution of the foregoing instrument for the.purposes therein
� eexpressed.WITNESS my hand and official seal the -3 ZO day of iljL� ,
C•.].977.
-- .NOTARY PUBLI
u U u L',C.
c9y commiss ion expires:
:Cdh0"i
+S' RAOAV.IV
\;TORNEY AT LAW
p.0.ROZ 019
RAYRORO.N.0.
18610
as.)T.0 2

ILLD
95 c €€ lilll
APR `! flm 1117 ` `�
X. r CA.
DEC 1 7 2002
r ., ,1D1'VA W
NORTH CAROLINA
PAMLICO COUNTY QUITCLAIM DEED
VZ
THIS DEED, made this Z 8 day of March, 1995, by ANN WADLEY
WING (Unmarried) of Craven County, North Carolina, party of the
first part, to LACY HENRY of Carteret County, North Carolina, whose
address is
�Y _�`G � A7L�.�f.[ .o �.� r mil• �� g c/ Y•
party of the second part; -- -�
W I T N E S S E T H
THAT WHEREAS, by Deed dated October 11; 1911, and recorded in
Book 54 at Page 590 of the Pamlico County Registry, L. B. Midgette
and wife, Rebecca M. Midgette, conveyed a certain tract or parcel
of land to the Oriental Bulkhead and Improvement Company, a portion
of which lands are described hereinafter; and
WHEREAS, on October 17, 1911, the said Oriental Bulkhead and
Improvement Company gave a mortgage to the Bank of Oriental; and
WHEREAS, at the May 1916 term of the Superior Court, W. i.
Swann. was appointed receiver for the Bank of Oriental and
authorized to proceed with the foreclosure of said mortgage, which
mortgage was foreclosed and the property was sold to B. W. O'Neal
on April 30, 1917, said Deed being recorded in Book 70 at Page 43
of the Pamlico County Registry; and
o.
WHEREAS, the Oriental Bulkhead and Improvement Company caused
q� the .plat of said properties to be placed upon the public records of
a
Pamlico County wherein said land was divided into lots and streets,
said plat being recorded in Plat Cabinet 1, Slide 2, at Page 19, of
w the Pamlico County Registry; and
c J WHEREAS,' said roads shown on said plat have never been
2, dedicated or accepted by the Town of Oriental pursuant to Chapter
tz w 136 of the General Statutes of North Carolina; and
u H-
¢p WHEREAS, the said Benjamin Wallace O'Neal died testate in
1979, his estate being administered in File 79-E-21 in the office
of the Clerk of the Superior Court of Pamlico County; and
A¢W.-.-A.(YW

Ri tr f� I^' 1\2� 11
90OX 72002
WHEREAS, under said Will he left all of his pr
party of the first part; and _Y .
WHEREAS, the party of the second part has requested party of
the first part to convey to him a portion of South Avenue as the
same is shown upon the plat hereinabove mentioned so as to convey
to him the fee within the -bounds of the property herein described;
and
WHEREAS, the party of the first part has agreed so to do.
NOW, THEREFORE; for and in consideration of the sum of ONE
DOLLAR ($1.00) and other good and valuable consideration to her
pai••i by said party of the second part, the receipt of which is
hereby acknowledged, the party of the first part has remised and
released and by these presents does remise, release and forever
quitclaim unto the party of the second part and his heirs and
assigns all right, title, claim and interest of the said party of
the first part in and to a certain tract or parcel of land lying
and being in Township, Pamlico County, North
Carolina, and more particularly described as follows:
SEE SCHEDULE A ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
TO HAVE AND TO HOLD.the aforesaid tract or parcel of land and
all privileges thereuhto belonging to him the said party .of the
second part and his heirs and assigns -free and discharged from all
right, title and claim or interest of the said party of the first
part or any one claiming by, through or under her.
IN TESTIMONY WHEREOF, the said party of the first part has
hereunto set her hand and seal the day and year first above
written.
G
(SEAL) .
4N ::DLEY WIN .

n �ir
r q
7 2002
"EXHIBIT A
snox .904 nq 96
Beginning_at. the northwesternmost corner of Lot No. 4 in
the Subdivision of the oriental Bulkhead and Improvement
property as the same is shown upon a map recorded in Map
Book 1 at Page 19 in the office of the Register of Deeds
of Pamlico County, said point also being designated as
.. a 4, .o.in. ,-.4.. .:. ,upons', _ su -rtby`De
. .....�,..,..v.,:.:..,._,:._ .. :.. ...,.�,4,:: .rvey:.....or Lacy;;Henry� . . ..nns`�.Fornes
& Associates dated March" 17, 1995; runn iij.9!.t ence from
this point of beginning up Raccoon Creek the following
courses and distances: North 290 42 ' 41" East 18.34
feet, North 230 27' 58" East 46.00 feet, - North 610 36'
31" EastR 26. 51 feet, North 490 02 ' 42" East 14.16 feet--to:..
P..ont kY.B". on said map for Lacy Henry by Dennis Fornes &
Associates; thence North 7.80 00' 00" East 4.08 Meet;
thence ialong 'arid is 'th'..the-fence South 730 . 531 56" East
46.48 feet and South 090 07 ' 34" West 94.45 feet •td- a
:paint'-, this point being the southeasternmost corner of
Lot No. 4 hereinabove first mentioned; thence North 120
25' 00" West 50.00 feet to an iron pipe; thence South 770
351 00" West 83.90. feet to the point of beginning,.
containing 0. 120 acre, more or less.

NORTH CAROLINA IN THE GENERAL COURT OFFAT
GE— r
t�rAMuco counTv
PAML.ICO COUNTY SUPERIOR COURT DIVISION �' L. E D
1 ' DEC 27 1979
GASTON B. FULCHER Aoi W.EDWAHUS M.
V5.
J it D G M c Ri °F suPemon couar
LACY M. HENRY and wife
JUDY B. HENRY and LACY
CARL HENRY and wife
MYRTLE BENTON HENRY
i
This cause coming on to be heard and being heard
before the undersigned Judge, the parties hereto having
waived trial by jury, and after the parties commenced
introducing evidence the parties announced in open court
-that all matters and things had been settled and compromised
in full, and that the parties had agreed as to the respective
ownership of the controverted land as follows:
\ That an agreed division line had beet; established
as between the parties, and that the parties would own the
lands .as herein set forth in the Judgment.
c
IT IS, NOW, THEREFORE, ORDERED, ADJUDGED AND DECREED
that Gaston B. Fulcher is the owner-of-and entitled to the
possession of the following described tract or parcel of
land beginning at a point on the high water mark of Oriental
Harbor also known as Raccoon Creek marked by an iron stake
which beginning point is located by the following reference:
star..-Ling at the United States Coast.and Geodetic survey
monument bench, said Monument being marked IyIQ5 (1963), ad
located in the vicinity of the interesection of Wall Street and
Sou-L-h Avenue in the town of Oriental Pamlico County, -North
Carolina, and running from said bench mark south 68 degrees
47 minutes' 50 seconds west 318.31 feet to a point which is
identified as being the northwest intersection of South Avenue
and Avenue A and running thence south 12 degrees 25 minutes
east 50 feet toa point marked by a railroad iron which point
is witnessed by a United States Coast and Geodetic survey
monument marked N163 (1963), thence south 77 degrees 35 minutos
west 1.00 feet.to a point marked by an iron stake, thence north
_.v .,.,........... �n ...,.., +nc R(. 90 `7R fnu+ +n +ha nnlni nir .

l'
e'�' ' D L
t E 1 2002
TMJ:f. n s
BOOK MJAU132-
beginning. Thence from said point of beginning south 57
degrees 28 minutes 56 seconds east 29.75 feet to a point
t
marked by an iron pipe. Thence from said point north 77
degrees 35 minutes east 100 feet to a railroad iron, said
point; being witnessed by United States Coast and Geodetic
monument N163 (1.963), said point also being in the western
right of way of Avenue A running thence from said point south �';•;
lria
12 degrees 25 minutes east 182.44.feet to an iron pipe at the :' •
high water marls of Neuse River. Thence running with the high :.rt
courses and distances:
water mark of Neuse River the following c I
."T
r , f
south 56 degrees 46 .minutes west 63.83 feet. Thence south E^
62 degrees 33 minutes west 300 .16 feet to a point. Thence
north 44 degrees 45 minutes west 62.73 feet to a point. Thence
{ from said point south 86degrees 34 minutes west 68.05 feet to
y
a point. Said point being where the .high water marls of Neuse
River would intersect with the high water mark of Raccoon
`y�4n
Creek also known as Oriental Harbor. Running thence with.tho FS��
high water mark of Raccoon Creek also known as Oriental Harbor i
the following courses and distances: north 33 degrees 51 t' 5
t,t
minutes east, 270.96 feet. Thence continuing with the high
water marls of Raccoon Creek the complement of the following
course: north 47 degrees lb minutes 47 seconds east 104.49
St;
feet. Thence continuing with the high water marls of Raccoon
Creek the following courses and distances: north.BB degrees
42 minutes 54 seconds east 20.08 feet to a point. Thence north
60 degrees 30 minutes 58 seconds east 12.45 feet to a p aint,
Thence north 75 degrees_39 minutes 50 seconds east 11.76 feetn nn�
to a point. Thence north 71 degrees 45 minutes j8 seconds
--eas, t 9 12 fee o the point of beginning.
TT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
defendants Lacy M. Henry and wife, Judy B. Henry are the ownors
and entitled to possession of the following described tract of
land beginning at a point in the high water marls of Raccoon
Creek the beginning point of. the tract of land above described
and running thence from said beginning point south 57 degrovs
26 mi.nntes 56. seconds east 29,75 feet to an existing iron pipe.

s DEC'1' 7.2002
ffoox* 204 rArE 133
Thence from said point north 77 degrees 35 minutes east.100
feet to a railroad iron said point witnessed by United States :
Coast and Geodetic survey monument marked N163 (1963), said
in line
point being/the western right of way/of Avenue A. Running
-thence from said point north 12 degrees 25 minutes west and running
line
with the western right of way/of Avenue A 50 feet to a point.
Said point being the northwest intersection of Avenue A and 136L
South Avenue. Running thence from said point south 77 degrees
35 minutes west and running with the south°e�-n right of way of
South Avenue 78 feet to a point to the high water marls of
Raccoon Creek also knovm as Oriental Harbor. Running thence
from said point continuing with the high water mark of Raccoon
Creek also known as Oriental Harbor south 09 degrees 07 minutes
12 seconds east 6.05 feet to a point. Thence from said point
south 00 degrees 47 minutes 33 seconds west 10.44 feet to a tY;
point. Thence from said point south 53 degrees 42 minutes
12 seconds west 11.23.fee•t to a point. Thence from said point
f;S
south 58 degrees 22 minutes 47 seconds west 22.22 feet to the
• l.,
point of beginning.
IT IS FURTHER ORDERED that the estates of the
!1l
.
respective parities' as above set forth are in fee simple.
IT IS-FURTHER ORDFRDD, ADJUDGED AND DECREED pursuant
to the agreement of parties that certain drain lines leading
from the southern portion of plaintiff's plant to.Raccoon Creek now
terminated east of the point of beginning of both descriptions
above set forth shall be moved and replaced as necessary by the
defendants to a point west of -the said beginning point at a .
location convenient to the plaintiffs and that said pipe removal
and construction will be performed-within 60 days from the date hero­
of. All expense essential thereto shall be born by the defendant
Lacy M. Henry.
IT IS FURTHER ORDERED that each party should bear their
Min costs in this action.
Ais the / i ".'' day of December, 1979.
CEORCE M.FOUNT lff -
JUDGE PRESIDING